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I. INDICTMENT, INCLUDING APPENDIX LISTING
POSITIONS OF THE DEFENDANTS
The United States of America, by the undersigned Telford Taylor,
Chief of Counsel for War Crimes, duly appointed to represent said
Government in the prosecution of war criminals, charges the defendants
herein with the commission of war crimes and crimes against humanity,
as defined in Control Council Law No. 10, duly enacted by the Allied
Control Council on 20 December 1945. These crimes included murder,
ill-treatment, and deportation to slave labor of prisoners of war and
other members of the armed forces of nations at war with Germany, and
of civilian populations of territories occupied by the German armed
forces, plunder of public and private property, wanton destruction of
cities, towns, and villages, and other atrocities and offenses against
civilian populations.
The persons accused as guilty of these crimes and accordingly named as defendants in this case are:
WILHELM LIST-Generalfeldmarschall (General of the Army) ; Commander
in Chief 12th Army, April-October 1941; Wehrmachtsbefehlshaber Sϋdost
(Armed Forces Commander Southeast), June-October 1941; Commander in
Chief Army Group A, July-September 1942.
MAXIMILIAN VON WEICHs-Generalfeldmarschall (General of the Army) ;
Commander in Chief 2d Army, April 1941-July 1942; Commander in Chief
Army Group B, July 1942-February 1943; Commander in Chief Army Group F
and Supreme Commander Southeast, August 1943-March 1945.
LOTHAR RENDULIC-Generaloberst (General); Commander in Chief 2d
Panzer Army, August 1943-June 1944; Commander in Chief 20th Mountain
Army, July 1944-January 1945; Wehrmachtsbefehlshaber Nord (Armed Forces
Commander North), December 1944-January 1945; Commander in Chief Army
Group North, January-March 1945; Commander in Chief Army Group
Courland, March-April 1945; Commander in Chief Army Group South,
April-May 1945.
WALTER KUNTZE--General der Pioniere (Lieutenant General,
Engineers); Acting Commander in Chief 12th Army, October 1941-August
1942.
HERMANN FOERTSCH-General der Infanterie (Lieutenant General,
Infantry); Chief of Staff 12th Army, May 1941-August 1942; Chief of
Staff Army Group E, August 1942-August 1943; Chief of Staff Army Group
F, August 1943-March 1944.
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FRANZ BOEHME----General der Gebirgstruppen (Lieutenant General,
Mountain Troops); Commander XVIII Mountain Army Corps, April-December
1941; Plenipotentiary Commanding General in Serbia, September-December
1941; Commander in Chief 2d Panzer Army, June-July 1944; Commander in
Chief 20th Mountain Army and Wehrmachtsbefehlshaber Nord (Armed Forces
Commander North), January-May 1945.
HELMUTH FELMY-General der Flieger (Lieutenant General, Air Force);
Commander Southern Greece, June 1941-August 1942; Commander LXVIII Army
Corps, June 1943-0ctober 1944.
HUBERT LANZ--General der Gebirgstruppen (Lieutenant General,
Mountain Troops) ; Commander 1st Mountain Division October 1940-January
1943; Commander XXII Mountain Army Corps, August 1943-0ctober
1944.
ERNST DEHNER-General der Infanterie (Lieutenant General, Infantry)
; Commander LXIX Army Reserve Corps, August 1943-March 1944.
ERNST VON LEYSER-General der Infanterie (Lieutenant General,
Infantry); Commander XV Mountain Army Corps, November 1943-July 1944;
Commander XXI Mountain Army Corps, July 1944-April 1945.
WILHELM SPEIDEL-General der Flieger (Lieutenant General Air Force);
Commander Southern Greece, October 1942-September 1943; Military
Commander Greece, September 1943-June 1944.
KURT VON GEITNER-Generalmajor (Brigadier General) ; Chief of Staff
to the Commanding General in Serbia, July 1942-August 1943; Chief of
Staff to the Military Commander of Serbia and Military Commander
Southeast, August 1943-October 1944.
Reference is hereby made to the Appendix to this indictment for a
fuller statement of the positions held by each of the defendants
herein.
COUNT ONE
1. Between September 1939 and May 1945, all of the defendants
unlawfully, wilfully[sic], and knowingly committed war crimes and
crimes against humanity, as defined in Article II of Control Council
Law No. 10, in that they were principals in, accessories to, ordered,
abetted, took a consenting part in, were connected with plans and
enterprises involving, and were members of organizations or groups
connected with, the murder of hundreds of thousands of persons from the
civilian populations of Greece, Yugoslavia, and Albania, by troops of
the German armed forces under the command and jurisdiction of,
responsible to, and acting pursuant to orders issued, executed, and
distributed by, the defendants herein. The victims of these crimes
included persons from all walks of life - doctors, lawyers, clergymen,
artists, teachers, laborers, farmers - who, regardless of age or sex,
were rounded up from the streets, from their homes, or from their
places of work, and placed in prison camps and stockades. When attacks
by lawfully constituted enemy military forces, and attacks by unknown
persons, against German troops and installations took place, these
persons were, without benefit of investigation or trial, summarily
hanged or shot. They were executed at arbitrarily established ratios
varying from 50 to 100 for each German soldier killed and 25 to 50 for
each German soldier wounded.
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2. Other thousands of noncombatants, arbitrarily designated as
"partisans," "Communists," "Communist suspects," "bandits," and "bandit
suspects," also without benefit of investigation or trial, were
terrorized, tortured, and murdered, in retaliation for attacks by
lawfully constituted enemy military forces and attacks by unknown
persons against German troops and installations.
3. These acts of collective punishment were part of a deliberate
scheme of terror and intimidation, wholly unwarranted and unjustified
by military necessity and in flagrant violation of the laws and customs
of war, to compel the inhabitants of the aforementioned territories to
furnish information concerning the size, strength, and disposition of
their national armies, to reduce the manpower potential of the armies
of resistance, and to decimate for future generations the native
populations of these occupied territories.
4. Pursuant to, and in implementation of, this scheme of terror and
intimidation, the defendants herein issued, executed, and distributed,
to troops under their command and jurisdiction, orders for the
execution of 100 "hostages" in retaliation for each German soldier
killed, 50 "hostages" in retaliation for each German soldier wounded,
10 "hostages" in retaliation for each person under German protection
killed, 5 “hostages" in retaliation for each person under German
protection wounded, and up to 100 "hostages" in retaliation for each
attack upon any "object" under German protection.
5. The murders and other crimes charged in this count included, but were not limited to, the following:
a. On or about 28 April 1941, the Commander in Chief of
the 2d Army ordered the execution of 100 Serbs, taken from all classes
of the population, in retaliation for the death of one German soldier
and the wounding of two others, and publicly announced that "in the
future 100 Serbs will be ruthlessly shot for
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every German harmed as a result of a surprise attack conducted by Serbs."
b. On or about 3 September 1941, in Serbia, troops of
the LXV Hoeheres Kommando (Corps Command), under the command and
jurisdiction of the 12th Army, executed 20 "Communists" in reprisal for
the death of three German soldiers killed in a surprise attack on the
Rtanj mine.
c. On or about 30 October 1941, the Plenipotentiary
Commanding General of Serbia, in his 10 day report to the Commander in
Chief of the 12th Army and Supreme Commander Southeast, stated that the
following executions had taken place: "405 hostages in Belgrade (total
up to now in Belgrade, 4,750), 90 Communists in Camp Sabac, 2,300
hostages in Kragujevac, and 1,700 hostages in Kraljevo."
d. On or about 29 November 1941, in Belgrade,
Yugoslavia, troops under the command and jurisdiction of the commanding
general in Serbia executed 100 "hostages" in retaliation for the
killing of a German sergeant.
e. On or about 17 March 1943, the commanding general in
Serbia ordered troops under his command and jurisdiction to execute 10
"Communists" in retaliation for the destruction of 14 telegraph poles
southwest of Topola, Serbia, during the night 25-26 February 1943.
f. On or about 27 June 1943, troops under the command
and jurisdiction of the commanding general in Serbia executed 350
"Communists" in retaliation for the murder of three German customs
officials.
g. On or about 15 August 1943, troops under the
command and jurisdiction of the commanding general in Serbia executed
150 hostages in retaliation for the murder, on 9 August 1943, of two
German soldiers and the wounding of two others on the road near
Pozarevac, Serbia.
h. On or about 15 September 1943, the military
commander of Serbia and Military Commander Southeast ordered troops
under his command and jurisdiction to execute 450 "Communist suspects"
in retaliation for the attack of 1 September 1943, on a German column
near Crkvice, Serbia, as a result of which seven German policemen were
killed and four wounded.
i. On or about 15 September 1943, in Croatia, as a
measure of revenge for a railway raid, troops of the 173d Reserve
Division, under the command and jurisdiction Of the LXIX Reserve Corps,
executed 40 "hostages" at the place of the raid.
j. On or about 30 September 1943, in retaliation for
sabotage on an electric installation, troops under the command and
jurisdiction of the XXII Mountain Corps executed 17 civilians.
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k. On or about 28 September 1943, in Croatia, troops
of the 173d Reserve Division, under the command and jurisdiction of the
LXIX Reserve Corps, executed 40 "hostages" in retaliation for an attack
on a railway.
l. On or about 3 October 1943, in reprisal for an
attack on a motorcycle escort in which a noncommissioned officer was
killed, troops under the command and jurisdiction of the XXII Mountain
Corps "executed four hostages at once" and reported that "further
retaliation measures were continuing."
m. On or about 10 October 1943, in retaliation for a
raid on a freight train 12 km. southeast of Vinkovci, Croatia, troops
of the 187th Reserve Division, under the command and jurisdiction of
the LXIX Reserve Corps, executed 20 "bandit suspects" taken from near
the place of the raid.
n. On or about 26 November 1943, in retaliation for an
attack by "bandits" on the road Tripolis-Sparta, Greece, troops under
the command and jurisdiction of the LXVIII Infantry Corps executed 100
"hostages" at the site of the attack.
o. On or about 2 December 1943, in retaliation for an
attack on a railway station southeast of Tripolis, Greece, troops under
the command and jurisdiction of the LXVIII Infantry Corps executed 50
"hostages."
p. On or about 5 December 1943, in Aighion, Greece,
troops under the command and jurisdiction of the LXVIII Infantry Corps
shot 50 "hostages" in reprisal for recent attacks.
q. On or about 10 January 1944, troops under the
command and jurisdiction of the military commander of Greece executed
50 "Communists" in retaliation for the murder of two German
policemen.
r. On or about 21 March 1944, troops under the command
and jurisdiction of the military commander of Greece executed 52
"hostages" in Tripolis, Greece, and 44 "hostages" in Sparta, Greece, as
a retaliation measure.
s. On or about 28 March 1944, while carrying out a
mopping-up operation, troops of the 7th SS "Prinz Eugen" Division and
detachments of the 369th "Devil's" Division, under the command and
jurisdiction of the 2d Panzer Army, raided numerous peaceful Croatian
villages, burned the inhabitants alive, and set fire to their property.
Three hundred persons were killed at Krivodol, five in Smilici, 40 in
Legatori, 65 in Grubisipici, 80 in Bandovina-Blazevici, 645 in Vostani,
and 700 in Rudi. In Otok 22 persons and in Ovrlije 150 persons were
burned to death, in Sladovici seven persons were shot and the entire
village burned to the ground.
t. On or about 5 April 1944, troops of the 4th SS (Police)
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Panzer Grenadier Division, under the command and jurisdiction of the
LXVIII Infantry Corps, brutally murdered 215 persons, mostly old men,
women, and children, in the village of Klissura, Greece, in retaliation
for the death of two German soldiers killed in the neighborhood of that
village by members of Greek "partisan" units.
u. On or about 10 June 1944, troops of the 4th SS
(Police) Panzer Grenadier Regiment [Division], under the command and
jurisdiction of the LXVIII Infantry Corps, shot and killed, in the
village of Distomon, Greece, 300 "bandits" and "bandit suspects" and
set the village on fire.
v. On or about 11 August 1944, in reprisal for an
attack east of Kukes, Albania, in which two cars were set on fire,
troops of the 21st SS "Skanderbeg" Division under the command and
jurisdiction of the XXI Mountain Corps, hanged six "hostages" at the
place of the attack.
w. On or about 15 August 1944, in Athens, Greece,
troops under the command and jurisdiction of the Military Commander of
Greece executed 200 Greek citizens and 100 "Communists" in retaliation
for the death of the German General Krech.
6. The acts and conduct of the defendants set forth in this count
were committed unlawfully, willfully, and knowingly, and con[-]stitute
violations of international conventions, of the Hague Regulations 1907,
of the laws and customs of war, of the general principles of criminal
law as derived from the criminal laws of all civilized nations, of the
internal penal laws of the countries in which such crimes were
committed, and were declared, recognized, and defined as crimes by
Article II of Control Council Law No. 10.
COUNT TWO
7. Between September 1939 and May 1945, all of the defendants
unlawfully, willfully, and knowingly committed war crimes and crimes
against humanity, as defined in Article II of Control Council Law No.
10, in that they were principals in, accessories to, ordered, abetted,
took a consenting part in, were connected with plans and enterprises
involving, and were members of organizations or groups connected with,
the plundering and looting of public and private property, the wanton
destruction of cities, towns, and villages, frequently together with
the murder of the inhabitants thereof, and the commission of other acts
of devastation not justified by military necessity, in the occupied
territories of Norway, Greece, Yugoslavia, and Albania, by troops of
the German armed forces under the command and jurisdiction of,
responsible to, and acting pursuant to orders issued, executed,
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and distributed by, the defendants herein. The defendants ordered
troops under their command and jurisdiction to burn, destroy, and level
to the ground entire villages and towns, and, on numerous occasions, to
execute the inhabitants of such villages and towns. Such arbitrary,
inhumane, and disproportionately harsh measures of reprisal dislocated
hundreds of families, made thousands of peaceful noncombatants homeless
and destitute, and brought untold suffering, humiliation, misery, and
death to vast numbers of innocent civilians.
8. This program of wholesale devastation was carried out not only
as part of a cruel, senseless pacification-through-terror scheme,
wholly unwarranted and unjustified by military necessity and in
flagrant violation of the laws and customs of war, but also in
furtherance of a long-range plan to despoil and retard for decades the
economic and industrial potential of the occupied territories.
9. The acts of destruction and other crimes charged in this count included, but were not limited to, the following:
a. On or about 10 October 1944, the Commander in Chief
of the 20th Mountain Army, the defendant Rendulic, issued an order, to
troops under his command and jurisdiction, for the complete destruction
of all shelter and means of existence in, and the total evacuation of
the entire civilian population of, the northern Norwegian province of
Finmark. During the months of October and November 1944, this order was
effectively and ruthlessly carried out. For no compelling military
reasons, and in literal execution of instructions to show no sympathy
to the civilian population, the evacuated residents were made to
witness the burning of their homes and possessions and the destruction
of churches, public buildings, food supplies, barns, livestock,
bridges, transport facilities, and natural resources of an area in
which they and their families had lived for generations. Relatives and
friends were separated, many of the evacuees became ill from cold and
disease, hundreds died from exposure or perished at sea in the small
boats and fishing smacks used in the evacuation, while still others
were summarily shot for refusing to leave their homeland-in all, the
thoroughness and brutality of this evacuation left some 61,000 men,
women, and children homeless, starving, and destitute.
b. On or about 25 September 1941, in Serbia, troops
under the command and jurisdiction of the commanding general in Serbia
were ordered to burn, and did burn, villages and farms in and around
the plains of Drina and at the bend of the Sava River.
c. During the months of September and October 1941, in
the course of so-called "punitive expeditions" (Strafexpeditionen),
troops under the command and jurisdiction of the 12th Army burned and
completely destroyed the following villages in the
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Valjevo district of Serbia: Grabevica, Divci, Dracic, Jovanja, Selic,
Loznica, Lukavac, Petnica, Popucke, Babjic, Susoke, Skela, Grabovac,
Zabrizje, Stubline, Pricevic, and Beoluzevic.
d. On or about 15 August 1943, during the course of a
reprisal raid south of Arilje, Serbia, troops under the command and
jurisdiction of the commanding general in Serbia burned 460
houses.
e. On or about 24 September 1943, during the execution
of "Action Kammerhofer," troops of the 173d Reserve Division, under the
command and jurisdiction of the LXIX Reserve Corps, set fire to two
Croatian villages.
f. On or about 5 October 1943, in retaliation for the
murder of a regimental commander and for telephone "sabotage," troops
under the command and jurisdiction of the XXII Mountain Corps destroyed
the Greek village of Akmotopos and executed its entire population.
g. On or about 16 October 1943, troops of the 187th
Reserve Division, under the command and jurisdiction of the LXIX
Reserve Corps, arrested the inhabitants of the Croatian villages of
Paklonica and Vocarica as "hostages" and then burned the villages to
the ground.
h. On or about 15 November 1943, troops of the 187th
Reserve Division, under the command and jurisdiction of the LXIX
Reserve Corps, burned the village of Jamena, Croatia.
i. On or about 27 November 1943, troops of the 173d
Reserve Division, under the command and jurisdiction of the LXIX
Reserve Corps, burned the Croatian village of Grgurevci.
j. On or about 1 December 1943, in the course of
retaliation activities against "bandits" in the district of Korca,
Greece, troops under the command and jurisdiction and the XXII Mountain
Corps destroyed one village and shot all of the able-bodied male
inhabitants found therein.
k. On or about 15 December 1943, in the course of
continuing retaliation activities in the district of Kalavritha,
Greece, troops under the command and jurisdiction of the LXVIII
Infantry Corps burned four villages, completely leveled Kalavritha,
destroyed two convents, and executed 511 male "hostages."
l. During the period January 1944-March 1945, troops
of the 392d Infantry Division, under the command and jurisdiction of
the XXI Mountain Corps, burned, plundered, and looted the Croatian
villages of Dreznica, Pisac, Tuzevic, and Vojvodersa.
m. On or about 28 March 1944, troops of the 7th SS
"Prinz Eugen" Division under the command and jurisdiction of the 2d
Panzer Army burned, plundered, and looted the Dalmatian villages of
Otok, Ovrnje, Ruda, and Dolac Donji.
n. On or about 15 May 1944, troops under the command and
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jurisdiction of the LXVIII Infantry Corps burned fifty houses in the
village of Kimi, Greece, in retaliation for an attack on a German
truck.
o. On or about 11 July 1944, troops of the 369th
"Devil's" Division, under the command and jurisdiction of the 2d Panzer
Army, destroyed by fire the Croatian villages of Zagnjesde and Udora,
executing the male population of those villages and transporting the
female population to the concentration camp at Stolac, Croatia.
p. On or about 13 August 1944, pursuant to an order of
the Commander in Chief Army Group F and Supreme Commander Southeast,
the defendant Weichs, the Greek village of Karpenision was burned to
the ground.
10. The acts and conduct of the defendants set forth in this count
were committed unlawfully, willfully, and knowingly, and constitute
violations of international Conventions, of the Hague Regulations 1907,
of the laws and customs of war, of the general principles of criminal
law as derived from the criminal laws of all civilized nations, of the
internal penal laws of the countries in which such crimes were
committed, and were declared, recognized, and defined as crimes by
Article II of Control Council Law No. 10.
COUNT THREE
11. Between September 1939 and May 1945, all of the defendants
unlawfully, willfully and knowingly committed war crimes and crimes
against humanity, as defined in Article II of Control Council Law No.
10, in that they were principals in, accessories to, ordered, abetted,
took a consenting part in, were connected with plans and enterprises
involving, and were members of organizations or groups connected with,
the initiation and drafting of certain illegal orders, and their
subsequent issuance and distribution to, and execution by, troop units
of the German armed forces under the command and jurisdiction of, and
responsible to, the defendants herein. Such illegal orders directed inter alia
that enemy troops be refused quarter and be denied the status and
rights of prisoners of war, and that surrendered members of the
military forces of nations at war with Germany be summarily executed.
Such illegal orders further directed that regular members of the
national armies of Greece, Yugoslavia, and Italy be designated and
treated by troops of the German armed forces subordinate to the
defendants herein as "partisans," "rebels," "Communists," and
"bandits," and that the relatives of the members of such national
armies be held responsible for said members' lawful acts of warfare.
These orders were carried out thoroughly and ruthlessly, and as a
result thousands of soldiers and prisoners of war were murdered and
ill-treated.
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12. The murders and other crimes charged in this count included, but were not limited to, the following:
a. On or about 28 April 1941, the Commander in Chief
of the 2d Army issued and distributed, to troops under his command and
jurisdiction, an order stating that "whoever appears in the Serbian
uniform with a weapon in his hand transgresses international law and is
to be shot to death immediately," that "if in any area (of Serbia) an
armed band appears, then even the men capable of bearing arms who are
seized are to be shot to death, because they were in the proximity of
the band, if it cannot immediately be ascertained with certainty that
they were not connected with the band," and, further, "that the bodies
of all persons shot to death are to be hanged up and left
hanging."
b. During a period of time after June 1941, all of the
defendants herein issued, executed, and distributed, to troops under
their command and jurisdiction, an order for the summary execution of
political commissars, even though such persons were regularly attached
to, and wore the recognized uniform of, members of the established
military forces of enemy belligerents.
c. On or about 23 July 1941, the Commander in Chief
12th Army and Supreme Commander Southeast issued and distributed, to
troops under his command and jurisdiction, an order to punish
resistance in the occupied territories of Greece and Yugoslavia "not by
legal prosecution of the guilty, but by spreading terror and applying
draconic measures."
d. On or about 2 October 1941, the Plenipotentiary
Commanding General in Serbia ordered troops under his command and
jurisdiction to execute 2,100 Yugoslavian prisoners of war in
retaliation for the death of 21 German soldiers.
e. On or about 4 October 1941, the Plenipotentiary
Commanding General in Serbia issued an order to troops under his
command and jurisdiction to give no quarter to members of the Yugoslav
National Army.
f. On or about 14 October 1941, the Plenipotentiary
Commanding General in Serbia ordered troops under his command and
jurisdiction to arrest all wives, and male relatives aged 15 years and
over, of members of the Yugoslav National Army and to confine them in
concentration camps.
g. On or about 2 November 1941, the Plenipotentiary
Commanding General in Serbia issued an order to troops under his
command and jurisdiction to continue the practice of shooting, after a
short interrogation, all "partisans" captured in combat.
h. During a period of time after 18 October 1942, all
of the defendants herein, except the defendant List, issued, executed,
and distributed to troops under their command and jurisdiction an
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order to execute in battle, or within 24 hours after capture, all
members of Allied "commando" and "military mission" units, whether or
not such persons were regularly attached to, and wore the recognized
uniform of duly authorized members of the established military forces
of enemy belligerents.
i. On or about 11 September 1943, the Commander in
Chief and the Chief of Staff of Army Group F and Supreme Command
Southeast, the Commander in Chief 2d Panzer Army, the commanders of the
LXVIII Infantry Corps, XXII Mountain Corps, LXIX Reserve Corps, and XV
Mountain Corps, and the military commander of Serbia, and Military
Commander Southeast, issued, executed, and distributed to troops under
their command and jurisdiction an order for the execution of one staff
officer and 50 men of each division of the surrendered Italian Army
which, prior to its surrender, had sold, given away, or destroyed its
weapons, and for the execution of one officer and 10 men of each such
division which, prior to its surrender, had made a motor vehicle
unusable.
j. On or about 24 September 1943, the Commander of the
XXII Mountain Corps ordered troops under his command and jurisdiction
to execute the captured Italian General Gandin, and all officers of his
staff.
k. On or about 28 September 1943, in Croatia, troops
under the command and jurisdiction of the 2d Panzer Army executed 300
captured officers of the Italian "Bergamo" Division.
l. On or about 1 November 1943, troops of the 100th
Jaeger Division, under the command and jurisdiction of the 2d Panzer
Army, executed two captured colonels, the operations and supply
officers, respectively, of the Italian 9th Army.
13. The acts and conduct of the defendants set forth in this count
were committed unlawfully, willfully, and knowingly and constitute
violations of international conventions, of the Hague Regulations 1907,
of the Prisoner of War Convention (Geneva 1929), of the laws and
customs of war, of the general principles of criminal law as derived
from the criminal laws of all civilized nations, of the internal penal
laws of the countries in which such crimes were committed, and were
declared, recognized, and defined as crimes by Article II of Control
Council Law No. 10.
COUNT FOUR
14. Between September 1939 and May 1945, all of the defendants
unlawfully, willfully, and knowingly committed war crimes and crimes
against humanity, as defined in Article II of Control Council Law No.
10, in that they were principals in, accessories
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to, ordered, abetted, took a consenting part in, were connected with
plans and enterprises involving, and were members of organizations or
groups connected with, the murder, torture, and systematic
terrorization, imprisonment in concentration camps, arbitrary forced
labor on fortifications and entrenchments to be used by the enemy, and
deportation to slave labor, of the civilian populations of Greece,
Yugoslavia, and Albania, by troops of the German Armed Forces under the
command and jurisdiction of, responsible to, and acting pursuant to
orders issued, executed, and distributed by, the defendants herein.
Great numbers of citizens-"democrats, nationalists, '[sic]Jews, and
gypsies”-were arbitrarily seized and thrown into concentration camps
where they were systematically beaten, tortured, ill-treated, and
murdered, while other masses of the civilian population were forcibly
conscripted for labor in the Reich and the occupied territories,
transported in trains without adequate heat or sanitary conditions, and
there, separated from family and friends, were made to labor long hours
under inhumane conditions.
15. The murders, imprisonment in concentration camps, deportation
to slave labor, and other crimes charged in this count included, but
were not limited to, the following:
a. On or about 23 September 1941, troops of the 342d
Division, under the command and jurisdiction of the XVIII Mountain
Corps, were ordered to place the entire male population, between the
ages of 14 and 70, of the town of Sabac, Serbia, in a concentration
camp.
b. On or about 6 October 1941, the Plenipotentiary
Commanding General in Serbia ordered troops of the 342d Infantry
Division, under the command and jurisdiction of the XVIII Mountain
Corps, to clear the district south of Mitrovica and northeast of Ravnje
of its entire population and to erect in the nearby town of Zasaviza a
concentration camp capable of accommodating 30,000 persons.
c. On or about 11 October 1941, the Plenipotentiary
Commanding General in Serbia ordered the execution of 2,200 Jews from a
concentration camp in Belgrade, Yugoslavia.
d. On or about 10 August 1943, the Chief of Staff Army
Group E and Supreme Command Southeast issued, executed, and distributed
to troops subordinate to that command an order to deport the male
population of whole villages in the occupied territories of Greece and
Yugoslavia for forced labor in Germany, and "to answer attacks on
German soldiers and damage to German property in all cases by the
shooting or hanging of hostages, the destruction of surrounding
villages, etc.”
e. On or about 30 November 1943, during “Aktion Hafenfahrt,”
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troops of the 100th Jaeger Division, under the command and
jurisdiction of the 2d Panzer Army, were ordered to arrest and deport
to the concentration camp at Semlin all "Communists" in the Albanian
cities of Durazzo and Shijeb.
f. On or about 2 December 1943, the Commander in Chief
of the 2d Panzer Army ordered troops under his command and jurisdiction
engaged in the Operation "Panther" to evacuate the male population of
Croatian towns and villages for deportation to forced labor in
Germany.
g. On or about 3 December 1943, during Operation
"Panther," the Commander of the XV Mountain Corps ordered troops under
his command and jurisdiction to deport the able-bodied population of
numerous Croatian villages to Germany for forced labor.
16. The acts and conduct of the defendants set forth in this count
were committed unlawfully, willfully, and knowingly and constitute
violations of international conventions, of the Hague Regulations 1907,
of the laws and customs of war, of the general principles of criminal
law as derived from the criminal laws of all civilized nations, of the
internal penal laws of the countries in which such crimes were
committed, and were declared, recognized, and defined as crimes by
article II of Control Council Law No. 10.
Wherefore, this indictment is filed with the Secretary General of
the Military Tribunals and the charges herein made against the
above-named defendants are hereby presented to the Military
Tribunals.
TELFORD TAYLOR
Brigadier General, USA
Chief of Counsel for War Crimes
Acting on behalf of the United States
of America
Nuremberg[orig. Nuernberg], 10 May 1947
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