7 Jan. 46
the order referring to treatment of
saboteurs are threatened with punishment by court-martial.
"The first Führer order concerning this matter of 18
October 1942 was given the protection of top secret merely because it
stated therein (1) that according to the Führer's views, the
spreading of military sabotage organizations in the East and West may
have tremendous consequences for our whole conduct of the war, and (2)
that the shooting of uniformed prisoners acting on military orders
must be carried out even after they have surrendered voluntarily and
asked for pardon.
"On the other hand, the annihilation of sabotage units in battle
is not at all to be kept secret; but on the contrary, to be currently
published in the OKW reports. The purpose of these measures to act as
a deterrent will not be achieved if those taking part in enemy
commando operations would not learn that certain death and not safe
imprisonment awaits them. As the saboteurs are to be annihilated
immediately, unless their statements are first needed for military
reasons, it is necessary that not only all members of the Armed Forces
must receive instructions that these types of saboteurs, even if they
are in uniform, are to be annihilated but also all departments of the
home staff, dealing with this kind of questions, must be informed of
the course of action which has been ordered."
I will call the Tribunal's attention to the two reasons given in that
quotation for keeping secret from the public knowledge of the fact that
uniformed prisoners would be shot, even after they had surrendered and
asked for pardon. This shows a clear awareness that that was in direct
contravention of the Hague and Geneva Conventions.
THE PRESIDENT: Colonel Taylor, did you read the paragraph beginning, "Practical
difficulties ... " ?
COL. TAYLOR: No, Your Honor. I'll read that.
THE PRESIDENT: I think you should.
COL. TAYLOR:
"Practical difficulties may develop
because of the definition of the term 'sabotage units.' The
annihilation and destruction, according to Paragraph 5 of the Führer
Order of 18 October 1942, do not apply to troops participating in
large-scale landing operations and large-scale airborne operations.
The criterion is to be found in that, in the latter case, an open
battle takes place, whereas, for instance, 10 or more people who land
by sea or air, or drop by parachute not to fight an open battle but to
destroy either a factory, a bridge, or a