4 Jan. 46
Books II and III. Document Book II contains C and L;
Document Book III contains PS; and this, being 447-PS, will be in
Document Book III in numerical order within the PS's. And within that
Document, under Paragraph I, the paragraph entitled "Area of
Operations and Executive Power" ("Voliziehende Gewalt"),
the Tribunal will find Subparagraph 1, in which the following appears —
that is Page 1 of the translation, Paragraph 2:
"It is not contemplated to declare
East Prussia and the Government General an area of operations.
However, in accordance with the unpublished Führer orders from 19
and 21 October 1939, the Commander-in-Chief of the Army shall be
authorized to take all measures necessary for the execution of his
military aim and for the safeguarding of the troops. He may transfer
his authority to the commanders-in-chief" — that, in the
original German, is Oberbefehlshaber — "of the army groups
and armies. Orders of that kind have priority over all other
obligations and over orders issued by civilian agencies."
Your Honors will see that this executive power, with priority over
civilian agencies, was vested in the Commander-in-Chief of the Army with
authority to transfer it to commanders-in-chief of army groups or armies
— to the members of the group as defined in the Indictment.
Further on in the document, under Subparagraph 2(a), the document
states — that is the fourth paragraph, on Page 1 of the document:
"The area of operations of the Army
created through the advance of the Army beyond the frontiers of the
Reich and the neighboring countries is to be limited in depth as far
as possible. The Commander-in-Chief of the Army has the right to
exercise the executive power" — vollziehende Gewalt — "in
this area, and may transfer his authority to the commanders-in-chief"
— Oberbefehlshaber — "of the army groups and armies."
THE PRESIDENT: This would be a convenient time to break off.
[A recess was taken until 1400 hours.]