THE PRESIDENT: Well, your answer to my question, then, is in the negative, that there is nothing in the order itself which shows or indicates that the prisoners referred to in Paragraph 2 are not normal troops.
JODL: That cannot be concluded from the wording of that order.
THE PRESIDENT: Perhaps I ought to draw your attention to the words under “General Directives for the Conduct of Troops in Action.”
At any rate, that is your answer upon the whole document.
JODL: May I please have permission to look at the original again? I have only a copy here before me.
[The document was submitted to the defendant.]
THE PRESIDENT: You now have the original document before you. Do you want to add anything to what you have said?
JODL: I just wanted to add—if you are dealing with this order of Major General Kübler—that it is not certain whether this order refers to any particular action, for example, the mopping up of guerrillas in a given territory who were not regarded as regular troops at that particular moment, but were regarded as a revolt of the population. That is feasible.
At any rate, I cannot answer these questions because I am not Major General Kübler.
THE PRESIDENT: Now you can pass on to 470.