That is also in order from the point of view of international law. It draws a distinction between the attitude towards a hostile population and the attitude towards a peaceful population.
COL. POKROVSKY: Is that all you wish to say?
JODL: Yes, but as I said, I do not understand the connection between Major General Kübler’s order and myself. I do not understand it.
COL. POKROVSKY: You confirm that the question of the treatment of the civilian population has been isolated to form an independent paragraph, Number 8? Is that correct? You have just referred to that.
JODL: Yes, Paragraph 8 mentions the treatment to be meted out to the civilian population.
COL. POKROVSKY: I am satisfied with your answer. Let us pass on to another group of questions.
THE PRESIDENT: Wait a minute.
JODL: But I wished, with the permission of the Tribunal, to object...
THE PRESIDENT: One moment. Defendant, are you suggesting that there is anything in the order itself which indicated that the prisoners dealt with in Paragraph 2 are not, as you have put it, normal troops?
JODL: In that respect, the paragraph is not very clear; but the next document which the Prosecutor has submitted might give the proof regarding what other orders have been issued. However, I consider that it is out of the question that Kübler gave an order saying that Yugoslav troops captured in battle should be shot. That is quite impossible. And had he done so, then he would have done so against the orders of the High Command of the German Armed Forces. But how can I give my views on an order from Major General Kübler? It would be best to ask him, he is alive.