7 Jan. 46
be shot pursuant to the Hitler Order of 18
October 1942 on commando operations, which provided that commandos
were to be shot and not taken prisoners of war, even after they had
been interrogated. He also testified that he would have been subject
to court-martial proceedings if he did not obey the Hitler Order.
"The following is a true copy of the findings and sentence in
the case of the United States against Anton Dostler, as these findings
and sentence appear in the original record of the trial and as they
were announced in open court at Rome, Italy, on 12 October 1945:
"Findings: General Dostler, as President of this Commission it
is my duty to inform you that the Commission, in closed session and
upon secret written ballot, at least two-thirds of all the members of
the Commission concurring in each finding of guilty, finds you of the
specification and of the charge: Guilty.
"Sentence: And again in closed session and upon secret written
ballot, at least two-thirds of all the members of the Commission
concurring, sentences you: To be shot to death by musketry."
Now the order of 18 October 1942 remained in force, so far as we know,
until the end of the war. I wish to offer 506-PS, which will be Exhibit
USA-549. This document is dated 22 June 1944. It is initialed by
Warlimont, and in it the OKW made it where the commando operation was
undertaken by only one person. I will read the single paragraph of the
order:
"The Operations Staff agrees with the
view taken in the letter of the army group judge to the Supreme
Commander Southwest of 20 May 1944. The Führer Order is to be
applied even if the enemy employs only one person for a task.
Therefore, it does not make any difference if several persons or a
single person take part in a commando operation. The reason for the
special treatment of participants in a commando operation is that such
operations do not correspond to the German concept of usage and
customs of warfare."
The
Allied landing in Normandy early in June 1944, in the course of which
large-scale airborne operations took place, raised among the Germans the
question as to how far the Hitler Order would be applied in Normandy,
and in France behind the German lines. I direct the Court's attention to
Document 531-PS, which will be Exhibit USA-550. The memorandum is dated
23 June 1944 and is signed by Warlimont. Warlimont's memorandum starts
by quoting