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. NUERNBERG MILITARY TRIBUNAL
Volume X · Page 1112
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better expressly to add a remark which mitigated the order, which perhaps, could have expressed that only such commissars are to be shot who have been convicted of having committed individual offenses against international law?

A. If I had added such a remark like that, it would have been the same as rescinding the order and it would have had all the results which I described. Whether I did make such a remark orally at least on that line, I cannot really tell you.

Q. Are the reports concerning the shootings of commissars consistent with the facts?

A. It is difficult to decide. These reports came from the front line. Whether these commissars were actually shot or whether they were killed in action could not be checked by anyone. Therefore, the troops could act more or less as they deemed right and it was their attitude and training and feeling that one does not kill a captured enemy. The additional factor was that the troops knew, of course, that from the top level there were demands for reports about the killing of commissars. That had been the same in other campaigns. It is easily possible therefore, that if commissars were killed in action the deaths were reported in such a way that one could entertain doubt as to whether they were killed in action or executed. It is also possible that at some times reports were made intentionally which were false. That is, of course, a matter which is very unpleasant seen from the military aspect and which in no way supports the discipline among the troops. Unfortunately, however, in the National Socialist State sometimes we were forced to resort to such very undesirable measures. Such steps brought about many interval conflicts for us.


Q. You talked about the killing of captured enemies. You meant captured commissars, didn’t you?

A. Yes 
 
 
B. Treatment of the Population in the East 
 
1. THE BARBAROSSA JURISDICTION ORDER
 
a. Introduction
 
Paragraph 71 of the indictment charged the defendants Warlimont and Lehmann with participation in the drafting and preparation of the, “Order Concerning the Exercise of Military Jurisdiction in the Barbarossa Area and Special Measures to be taken by the troops.” (Document C-50, Pros. Ex. 594. ) This order was commonly termed the “Barbarossa Jurisdiction Order.” The order
 

 
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