On Page 4 it is stated: By order of the German High Command German Army units looted, blew up, and destroyed the old cultural monument, the Lavra of Kiev. The following are described as responsible: “The German Government and the German High Command and all officers and officials listed by name.” From the speech of the representative of the Prosecution and from the term, “the German Government and the German High Command” it can be seen that the High Command of the Armed Forces and Keitel are to be accused as having been responsible. This document lacks any positive statement on which the Investigating Commission supports this judgment.
It is also shown here that the judgment of the investigating commission—in any case with reference to the Defendant Keitel—is not basically supported.
Document USSR-35 is a report “regarding the material damage which the Fascist German invaders inflicted on State plants and institutions, collective industries, and citizens of the Soviet Union.”
This document states:
“The German armies and occupation authorities which carried out the directives of the criminal Hitler Government and the High Command of the Armed Forces, destroyed and looted the Soviet cities occupied by them....”
To this it must be stated:
(1) The contents of this document do not show one single concrete “directive” issued by the OKW or Keitel.
(2) The OKW had no authority to give orders, and therefore could not issue directives.
(3) Therefore the findings of the State investigation commission, which for formal reasons would not be binding for the Tribunal, cannot be considered as justified insofar as the OKW and Keitel are concerned.
(4) No opinion is going to be expressed as to the remaining contents of the reports.