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.

"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