“The Chief of the Armed Forces Legal Department spoke to the effect that under these circumstances one should consider issuing an order fit for publication. Article 23c of the Hague Land Warfare Regulations, which forbids the killing or wounding of an enemy who lays down his arms or is unarmed, if he surrenders unconditionally, had to be explained; when the Land Warfare Regulations were concluded this manner of waging war was not yet known and the regulation therefore could not apply to this.”
Well now, that was the first bundle. Now I want to put you a...
JODL: I should like to make a brief comment on this document. I have not seen any of these papers before; I am now seeing them for the first time; but they prove, word for word, what I said here the day before yesterday under oath, that on their own initiative, the members of my staff, as they heard that the Führer had demanded an executive order, began preparatory work for the draft of such an order with the Legal Department and with the Foreign Department, but that I did not accept and did not submit any order to the Führer.
MR. ROBERTS: Well now, I want to put to you another document, 1265-PS.
My Lord, I offer it as GB-487.
Now the first document in the bundle is a teletype dated 13 October and it is signed by Canaris. Is that right, Witness?
JODL: Yes, a teletype message from Canaris.
MR. ROBERTS: Yes, and it is a teletype to the OPS Staff. The subject is “Treatment of Prisoners of War.”
“Regarding discussions and measures in pursuance of OKW’s announcement of 17 October 1942 the following general attitude is taken:”
Number 1 does not matter; it is about chaining. Number 2 is the important one: