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“To the Governor General and Reich Minister, Dr. Frank, at Kraków.

“Warsaw, Number 13265; 11. X. 44; 10.40, HE.

“Subject: New Policy with Regard to Poland.

“As a result of the visit of SS Obergruppenführer Von dem Bach to the Reichsführer SS, I wish to inform you of the following:

“. . . 2) Obergruppenführer Von dem Bach again received an order to pacify Warsaw—that is, to raze Warsaw to the ground while the war is still on, if there is nothing against this from the military point of view (construction of fortresses). Prior to destruction, all raw materials, textiles, and furniture should be taken out of Warsaw. The main role in performing this task should be assumed by the civilian administration.

“I am informing you of these facts because this new order of the Führer regarding the destruction of Warsaw is of the greatest importance for the future policy toward Poland.

“The Governor of the Warsaw District, temporarily at Sochaczew, signed: Dr. Fischer.”

Von dem Bach, mentioned in the telegram just read into the record, is already known to you, Your Honors; he testified in the afternoon session of the Tribunal on 7 January.

How SS Obergruppenführer Von dem Bach carried out Hitler’s order regarding the destruction of Warsaw can be seen from the written evidence given by him on oath on 28 January 1946, during his interrogation by the Public Prosecutor of the Polish Republic, M. Savitzky.

I present to the Court the original record of the interrogation in German, duly signed by Von dem Bach. I shall read two extracts from this record. . .

[Dr. Seidl approached the lectern.]

THE PRESIDENT: We will hear the objection.

DR. ALFRED SEIDL (Counsel for Defendant Frank): I object to the reading of the interrogation of the witness Von dem Bach-Zelewski. The witness was heard before the Court, and it would have been possible at that time to hear the witness about the matter of the interrogation right here before the Court.

Should the Soviet Prosecution not wish to forgo the presentation of this material, then I request that the witness, Von dem Bach-Zelewski, who is still here in Nuremberg, be summoned before the Tribunal again, so that the Defense may have an opportunity to cross-examine the witness.

THE PRESIDENT: General Raginsky, do you want to say anything?

MR. COUNSELLOR RAGINSKY: Mr. President, this record of the interrogation of Von dem Bach-Zelewski was given under oath, and it was presented to the Soviet Delegation by the representatives of the Polish Government. The record of the interrogation is formulated according to the laws of procedure and was given under oath. Therefore, we consider it imperative and possible to present it to the Tribunal without calling Von dem Bach-Zelewski for a second interrogation before the Tribunal. If the Tribunal decides that the testimony of Bach-Zelewski cannot be read into the record without his being called again before the Tribunal, then, in the interests of expediting the Trial, and in order not to protract the presentation of our evidence, we agree not to read this testimony into the record inasmuch as evidence regarding these facts is contained in other documents which I shall later present to the Tribunal.

THE PRESIDENT: May I ask you then, General: If the evidence given before the Polish Commission is the same as the evidence which Bach-Zelewski gave in court, it would be cumulative; if it is different, then surely the defendants’ counsel ought to have the opportunity of cross-examining him upon it.

MR. COUNSELLOR RAGINSKY: The testimony which was given by Bach-Zelewski to the prosecutor of the Polish Republic is supplementary. Bach-Zelewski was not examined before the Tribunal about the devastations.

THE PRESIDENT: General Raginsky, the Tribunal understood you to say that you would be prepared to withdraw this evidence in view of the fact that the witness had given evidence already and the Tribunal considers that that is the proper course to take. So then the evidence will be withdrawn and struck from the record so far as it has been put on the record.

I think this would be a good time to adjourn.

[A recess was taken.]

MR. COUNSELLOR RAGINSKY: As a result of the decision of the Tribunal, I exclude Page 21 from my report and pass on to Page 22. I shall read into the record an extract from the diary of the Defendant Frank, which was presented to the Tribunal as Exhibit Number USSR-223 (Document Number USSR-223). This extract is on Page 45 of the document book. I have in mind the file which was begun on 1 August 1944 and brought to 14 December 1944, entitled “Diary,” where there is a note which mentions the contents of a telegram sent by Frank to Reich Minister Lammers. I read—on 5 August 1944:

“The Governor General sends the following telegram to Reich Minister Dr. Lammers:

“ ‘. . . The city of Warsaw is, for the most part, engulfed in flames. Burning of the houses is the surest way to rob the insurgents of any shelter. . . .

“ ‘After this uprising and its suppression, Warsaw will justly be committed to its deserved fate of being completely destroyed.’ ”

These documents prove, thus, that the fascist conspirators set for themselves the aim of razing to the ground the capital of the Polish State, Warsaw, and that the Defendant Frank played an active part in this crime.

In all the territories of the U.S.S.R., Yugoslavia, Poland, Greece, and Czechoslovakia which they occupied, the German fascist invaders systematically destroyed inhabited localities according to plan, under the pretense of fighting the partisans. Punitive expeditions, detachments, and commandos, specially detailed by the German military command, burned down and blew up tens of thousands of villages, hamlets, and other inhabited localities.

I skip a paragraph of my report.

From the numerous documents in the possession of the Soviet Prosecution I shall quote, as examples, a few which are typical and which characterize the whole system developed by the Hitlerites.

The report of Captain Kasper, a company commander, dated 27 September 1942 and entitled, “Conclusive Report on the Results of the Punitive Expedition Carried out in the Village of Borisovka from 22 to 26 September 1942,” starts as follows: “Tasks: Company 9 must destroy the band-infested village of Borisovka.” This document has been presented to the Tribunal as Exhibit Number USSR-119 (Document Number USSR-119).

I omit the beginning of Page 42 of my report.

In January 1942, in the Rezeknes district of the Latvian Socialist Soviet Republic, the Germans destroyed the village of Audrini with its entire population, ostensibly for having aided members of the Red Army. In the towns of Latvia a notice to this effect was posted by the chief of the German State Security Police in Latvia, SS Obersturmbannführer Strauch, in German, Latvian, and Russian.

I present to the Tribunal a certified photostatic copy of this notice as Exhibit Number USSR-262 (Document Number USSR-262), and I read into the record an excerpt from this document. This excerpt is on Page 158:

“The commander of the Security Police in Latvia hereby announces the following:

“. . . 2) The inhabitants of the village of Audrini, in the Rezeknes district, concealed members of the Red Army for over one-quarter of a year, armed them, and assisted them in every way in their anti-government activities. . . .

“As punishment I ordered the following:

“a) That the village of Audrini be wiped from the face of the earth.”

The Hitlerites widely practiced punitive expeditions in the occupied districts of the Leningrad region. As can be seen from a verdict of the military tribunal of the Leningrad Military District, which is submitted to the Tribunal as Exhibit Number USSR-91 (Document Number USSR-91), the Hitlerites burned down, in February 1944, 10 inhabited localities in the Dedovitch, Pozherevitz, and Ostrov districts. The Hitlerite punitive expeditions also burned down the villages of Strashevo and Zapolye in the Plyuss district, and the villages of Bolshye, Lyady, Ludoni, and others.

Numerous punitive detachments, acting on the orders of the German Supreme Command, burned down many hundreds of inhabited localities in the Yugoslav territory.

I refer, as evidence, to the third section of the report of the Yugoslav State Commission for establishment of the crimes of the German invaders, which has been presented to the Tribunal as Document Number USSR-36, and also to the special memorandum of the Yugoslav State Commission, numbered 2697 (45) and signed by Professor Nedelkovitsch, which I present to the Tribunal as Document Number USSR-309. This document is on Pages 165 to 167 of the document book. In these documents we find a number of facts concerning the burning and destruction of villages and hamlets by the special punitive expeditions of the Hitlerites. As examples, the localities of Zagnezdye, Udora, Mechkovatz, Marsich, Grashniza, Rudnika, Krupnya, Rastovach, Orakh, Grabovica, Drachich, Lozinda, and many others can be named. Whole districts of Yugoslavia were completely devastated after the Germans had been there.

I also present to the Tribunal the original copy of a notice by the so-called Commander-in-Chief of Serbia, which I beg the Tribunal to accept as evidence as Exhibit Number USSR-200 (Document Number USSR-200). This notice was captured in Serbia by troops of the Yugoslav Army of Liberation, which fact is duly certified by the Yugoslav State Commission in Belgrade. I read into the record only one paragraph: “The Commander-in-Chief of Serbia announces: The village of Skela has been burned and razed to the ground.”

German punitive detachments also destroyed inhabited localities in Poland. As evidence I submit to the Tribunal Exhibit Number USSR-368 (Document Number USSR-368), which is an affidavit of the Plenipotentiary of the Polish Government, Dr. Stefan Kurovsky. This affidavit is an appendix to the report of the Polish Government and is on Page 169 of your document book.

This document ascertains that in the spring of 1943 in the territory of Zamoisk, Bilgoraisk, Khrubeshovsk, and Krasnitzk the Germans burned down a number of inhabited localities under the orders of the SS leader, Globocznik; and in February 1944 five villages were destroyed in the Krasnitzk district with the help of the air force.

The Germans burned and razed to the ground a considerable number of inhabited localities in Greece. As examples we shall name the settlements of Amelofito, Kliston, Kizonia, Ano-Kerzilion, and Kato-Kerzilion in the Salonika district, and the settlements of Mesovunos and Selli in the Korzani district, and others.

I present to the Tribunal, as Exhibit Number USSR-103 (Document Number USSR-103), certified photostatic copies of three telegraphic reports of the 164th German Infantry Division to the Chief of Staff of the 12th Army. These reports, Your Honors, are on Page 170 of your document book. Each of these reports consists of nine to ten lines. They are uniform in type and standardized. But these short official documents reveal in essence the monstrous system generally employed by the Hitlerites in the territories occupied by them.

I shall read into the record one of these reports. I read:

“18 October 1941; to the Chief of Staff of the 12th Army, Athens.

“Daily report.

“1. The villages of Ano-Kerzilion and Kato-Kerzilion (75 kilometers east of Salonika on the mouth of the Struma) which had been ascertained to be the base of a considerable guerrilla band in this area, were razed to the ground by troops of the division on 17 October. The male inhabitants between 16 and 60 years of age—(totalling 207 persons)—were shot, women and children evacuated.

“2. No other special incidents.”

Surely, there is no need for a comment regarding this document.

I should also like to refer to the official report of the Greek Government, which is presented to the Tribunal as Exhibit Number USSR-379 (Document Number UK-82). On pages 29 and 30 of the report, which correspond to Page 207 of your document book, we find numerous facts concerning the burning and destruction of villages on the Island of Crete. Thus, the villages of Skiki, Prassi, and Kanados were completely burned down in retaliation for the murder of some German parachutists carried out by the employees of the local police at the time of the attack on the Island of Crete. Certain villages were demolished by the Germans for the sole reason that they were in the partisans’ zone of operations.

It is stated in the report that 1,600 out of 6,500 villages were completely or partially demolished. It should also be noted that the Germans intentionally bombed undefended towns and caused heavy damage to 23 Greek towns, among which the towns of Yanina, Arta, Preveza, Tukkala, Larissa, and Canea were almost completely destroyed. This is mentioned on Page 21 of the report of the Greek Government. It is on Page 190 of your document book.

Your Honors, the whole world knows about the Hitlerites’ crimes at Lidice. The 10th of June 1942 was the last day of Lidice and of its inhabitants. The fascist barbarians left irrefutable evidence of their monstrous crime. They made a film of the annihilation of Lidice, and we are able to show this evidence to the Tribunal. Upon orders from the Czechoslovak Government, a special investigation was carried out which established that the filming of the tragedy of Lidice was entrusted by the so-called Protector to an adviser on photography of the NSDAP, one Franz Treml, and was carried out by him in conjunction with Miroslav Wagner. Among the documents which we present to the Tribunal are photographs of the operators who filmed the phases of the destruction of Lidice.

I present these documents to the Tribunal as Exhibit Number USSR-370 (Document Number USSR-370). I should like to remark, Your Honors, that this film is a German documentary film. It was filmed a few years ago. The technical state of this reel is not very satisfactory, and therefore when we present it, there may be a few defects.

I beg the indulgence of the Tribunal beforehand and request permission to show this film.

[Moving pictures were then shown.]

MR. COUNSELLOR RAGINSKY: What the Germans perpetrated in Lidice was repeated a short time later in another inhabited point of Czechoslovakia in the village of Lezhaky. I shall refer as evidence to the Czechoslovak Government’s report, Pages 126-127. This report is presented to the Court as Exhibit Number USSR-60 (Document Number USSR-60). This report states, “Lezhaky, like Lidice, was totally destroyed and the ground where it stood is now covered over with rubble.”

I pass on to the next section of my report, the destruction of villages and towns, industry, and transport in the territory of the U.S.S.R.

Your Honors, I have quoted above the general directives of the criminal Hitler Government and the German Supreme Command concerning the destruction of inhabited centers, industry, and means of communications in the U.S.S.R. Now I pass on to the presentation of evidence of those destructions which were carried out in execution of these directives by the Hitlerites everywhere on the territory of the Soviet Union which they temporarily occupied.

I omit the evidence regarding the destruction of single towns of the Soviet Union and pass on to the presentation of my report beginning on Page 42.

There are a large number of documents at the disposal of the Soviet Prosecution which incriminate the Hitlerite criminals in premeditated and systematic, calculated and cruel annihilation and destruction of cities and towns, plants and factories, railways and means of communication.

The presentation of all this documentation would seriously delay the Trial. Therefore, I consider it possible to pass on to the presentation of the general conclusive data established by the Extraordinary State Commission of the Soviet Union instead of presenting separate documents.

From Exhibit Number USSR-35 (Document Number USSR-35), I shall read into the record only those sections and data which have not been read into the record previously and only those which directly concern my subject. These extracts, Your Honors, are on Pages 223-224 of your document book. I quote:

“The German fascist invaders totally or partially destroyed and burned 1,710 towns and more than 70,000 villages and hamlets. They burned and destroyed more than 6 million buildings and rendered some 25 million persons homeless. Among the destroyed towns which suffered most are the greatest industrial and cultural centers: Stalingrad, Sevastopol, Leningrad, Kiev, Minsk, Odessa, Smolensk, Novgorod, Pskov, Orel, Kharkov, Voronezh, Rostov-on-the-Don, and many others.

“The German fascist invaders destroyed 31,850 industrial works which employed some 4 million workers.”

I omit the end of Page 43, Pages 44 and 45, and the beginning of Page 46 of my report.

“The Hitlerites destroyed . . . 36,000 postal and telegraphic offices, telephone centers, and other communication centers. . . . During their occupation of a part of the territory of the Soviet Union, and especially during their retreat, the German fascist invaders caused great damage to the railway system, waterways, and river transport.

“They used special machines for the destruction of roads and thus put out of action 26, and partially destroyed eight, main railway lines. They destroyed 65,000 kilometers of rails and 500,000 kilometers of cables for the automatic railroad controls, signals, and communication lines. They blew up 13,000 railway bridges, 4,100 railway stations, and 1,600 water pressure stations. They destroyed 317 locomotive depots and 129 locomotive and wagon repair shops, as well as railway machine works.

“They destroyed, damaged, or evacuated to Germany 15,800 locomotives, and Diesel locomotives, and 428,000 railway cars.

“The enemy caused great damage to the buildings, enterprises, and institutions and ships of the shipping lines operating in the Arctic Ocean, in the White Sea, the Baltic Sea, the Black, and the Caspian Seas. They sank or partially damaged more than 1,400 passenger, cargo, and special ships.

“The sea ports of Sevastopol, Mariupol, Kerch, Novorossisk, Odessa, Nikolaiev, Leningrad, Murmansk, Lepaya, Tallinn, and other ports equipped with modern technical installations suffered greatly.

“The invaders sank or captured 4,280 passenger and cargo ships and steam tugs of the river shipping and auxiliary services, as well as 4,029 barges. They destroyed 479 harbor and quay installations, as well as 89 dockyards and machine factories.

“While retreating under the pressure of the Red Army, German troops blew up and destroyed 91,000 kilometers of highways and 90,000 road bridges of a total length of 930 kilometers.”

With this I conclude my statement, Your Honors.

The documents which were read into the record and presented to the Tribunal clearly demonstrate how the Hitlerite conspirators, in all the territories seized by them in the U.S.S.R., Yugoslavia, Poland, Czechoslovakia, and Greece, violated the laws and customs of war, the fundamental principles of criminal law, and the direct provisions of Articles 46 and 50 of the Hague Convention of 1907.

The documents submitted also prove that the German invaders contemplated complete destruction of cities and villages from which the Hitlerites were compelled to retreat under the blows of the Armed Forces of the Soviet Union.

Finally these documents show with what bestial cruelty and mercilessness the Hitlerites carried out their criminal plans in reducing to dust and ashes the largest cultural and industrial centers. Over a wide area from the White to the Black and the Aegean Seas, in the territory temporarily occupied by the German troops, the Hitlerites purposely and according to plan reduced to ruins densely populated and flourishing Russian, Bielorussian, Yugoslavian, Greek, and Czechoslovakian cities, towns, and villages. All this was the result of the criminal activity of the Hitlerite Government and of the German High Command, the representatives of which are now in the dock.

In conclusion I should like, Mr. President, to present as evidence and as Exhibit Number USSR-401 (Document Number USSR-401) a documentary film concerning the destruction perpetrated by the Germans on the territories of the Soviet Union. Documents certifying the authenticity of this film are now being submitted to the Tribunal.

[Moving pictures were then shown.]

THE PRESIDENT: We will adjourn until 1410 hours.

[The Tribunal recessed until 1410 hours.]