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in his pretrial affidavit, that, during his
absence, von Radetzky took over. Blobel repudiated this statement on the
witness stand, but he also denied that von Radetzky could ever have been even a
Teilkommando or Vorkommando leader. But the documentary evidence clearly
establishes that von Radetzky was active as a sub-Kommando leader.
In
fact, von Radetzky explained that all those who had officer rank in his
Kommando could qualify as leaders and, to that extent, he also was "a leader of
the Kommando."
On 10 September 1941, a plan was reached between the
officers of Sonderkommando 4a and rear army Hq "to liquidate the Jews of
Zhitomir completely and radically."
Questioned about this meeting, the
defendant testified that he was not present at it but that he had been ordered
to negotiate with the field command about the furnishing of vehicles. He stated
that he was of the impression that the Jews were to be resettled in Rovno. It
is difficult to believe that the defendant did not know what "resettlement"
meant in Einsatzgruppen circles.
The prosecution contends that von
Radetzky was in charge of Sonderkommando 4a during Blobel's absence. Although
there is evidence that Blobel was often absent because of illness, the Tribunal
cannot find beyond a reasonable doubt that, during those absences, von Radetzky
took over the Kommando.
Report No. 14 tells of a reprisal operation
carried out at Lutsk by a subunit of Sonderkommando 4a. Gustav Kraege stated in
an affidavit that von Radetzky was one of the officers of this subunit. Von
Radetzky stated he was present in Lutsk during the time of this execution but
denied having been commander of this unit, although he stated he was the
highest ranking officer in the sub-Kommando. When Kraege appeared in Court as a
witness he sought to repudiate his statement about ascribing the chiefship of
the sub-Kommando to von Radetzky but he did admit that, at the time he was
actually in Lutsk, he believed that von Radetzky was commanding, since Radetzky
gave him his direct orders.
Although von Radetzky endeavored throughout
the trial to deny knowledge of the extermination of Jews he finally admitted
this knowledge.
The Tribunal finds that it is established beyond a
reasonable doubt that the defendant knew that Jews were executed by
Sonderkommando 4a because they were Jews, and it finds further that Von
Radetzky took a consenting part in these executions.
The Tribunal
further finds, in contradistinction to the defendant's statement, that he did
at times command a sub-Kommando.
The defendant maintained that he
entered the Einsatz service involuntarily and remained in it against his will,
submitting that |
577 |