Partial translation of document C-2
1.10.38
Supreme Command of the Armed Forces
No 1103.38 Most Secret Ausl. Vl.
7 Copies
7th Copy
To:
OKH
(Section G. Army General Staff)
OKM
(Naval War Staff, 1st Division, for the attention of Min. Rat. Dr.
Eckhardt)
Reich Minister for Air and Civ C. Air Force
(Air Force General Staff for the attention of Reg. Rat. Dr.
Mueller)
Foreign Office via the Foreign Office Representative (VAA)
Enclosed is a list drawn up by Section L of the OKW of the violations of
international law which may be expected on the part of fighting troops.
Owing to the short time allowed for the compilation, columns C 1 and C 2
had to be filled directly here for the time being.
The branches of the Armed Forces are requested to send in their opinion
so that a final version may be drawn up.
The same is requested of the Foreign Office.
The Chief of the Supreme Command of the Armed Forces.
By Order
sgd. Burker
3 Enclosures
----------
MOST SECRET
LIST OF INTERNATIONAL LAW INCIDENTS FOR THE PURPOSE OF PROPAGANDA
HANDLING
I. OUR OWN MEASURES
(a) Incidents (b) Example (c) Attitude of the International Law
[Gruppe Voelkenrecht]
(1) Judgment by International(2) Justification
Law by the laws of
warfare
(1) Bombing or (I) Art. 25 of the
shelling attacks Hague Rules for
on localities Land Warfare of
where there are 1907 forbids
no military attacks and firing
installations. on undefended
towns, villages,
dwellings and
buildings by
whatever means.
Bombing by
aircraft is to be
included in the
special
qualification “by
whatever means".
(a) Bombing of (1)(a) In an air- Giving the An accident of
extraterritorial raid on Prague supposition that this kind can
buildings and the British no orders for the best be explained
areas. Embassy is bombing of extra- publicly by the
destroyed territorial fact that the
buildings and British Embassy
areas will be is in the
given by us under immediate
any circumstances, vicinity of
the action in the military
case in question installations,
would have been the bombing of
carried out by which was an
mistake. indispensible
military
necessity. If,
therefore,
theBritish
Embassy was hit
by mistake, it is
to be described
as a regrettable
accident, as such
are unfortunately
unavoidable in
war. The German
Government will
pay compensation
for the damage.
(2) Injuring or Englishmen or Since it must be The deaths and
killing of Frenchmen are assumed that the injuries caused
subject of injured or deaths or injuries unintentionally
neutral states killed. were caused are to be excused
outside the unintentionally by as being
actual war zone our troops, there unavoidable
is no question of accidents which
a violation of the events of war
international law. can cause even to
non-belligerants.
Compensation is
to be guaranteed.
(3) Bombing and (3) The Art. 17 of the It seems
shelling attacks Hradschin is Hague Rules for appropriate, in
on hospitals, destroyed in an Land Warfare lays this case, to
military air raid on down that during make a public
hospitals, Prague. sieges and announcement with
churches, and bombardments all the corresponding
cultural necessary steps justification
monuments. must be taken to after the attack.
spare, as much as
possible, any
building dedicated
to religious
services, art,
science, welfare;
also historical
monuments,
hospirals and
centers for sick
and wounded,
provided that they
are not at the
same time being
used for military
purposes. The
elucidation of the
last named
reservation above
is always very
difficult and
lengthy. Unless
such a case is
indisputably
established, it
cannot be judged
by international
law. Deliberate
firing on
protected
buildings which
are above
suspicion is
contrary to
International Law
in any case.
Under the
supposition that
the Prague
Hradschin, as the
seat of
government, is
used for military
purposes, which
include, among
other things, the
maintenance of the
military power of
the Czech people,
air attacks upon
it are justified.
(4) Use of war (4) On account According to the If the assertion,
weapons which can of a report that declaration agreed that the opponent
be employed under the Czechs have to in June 1925 by — in this case
certain used gas, the 40 states, the Czechs --
conditions or of firing of gas including used a projibited
new types of war projectiles is Czechoslovakia, gas in warfare,
weapons such as ordered. the employment of is to be believed
gas, flame poison gases, by the world, it
throwers, chemical warfare must be possible
chemical warfare agents, and to prove it. If
agents and bacteriological that is possible,
bacteriological substances is the firing of gas
substances. expressly projectiles is
forbidden. Quite a justified and it
number of states must be given out
made the in public that it
reservation to can be proved
this declaration that the enemy
on the projibition was the first to
of gas warfare, violate the
that they consider prohibition. It
themselves exempt is therefore
from the particularly
prohibition should important to
the opponent use furnish the
gas. Therefore, proof. If the
the burning assertion is
question of who unfounded or only
violated the partially
prohibition first founded, the gas
will always arise attack is to be
when the decision represented only
is made. Whether as the need for
this can be carrying out a
established is justified
doubtful. reprisal, in the
same way did the
Italians in the
Abyssinian War.
In this case,
however, the
justification for
such harsh
reprisals must
also be proved.
(5) Retaliatory (5) Czech If the inhabitants If Czech
measures against civilians, not of an enemy civilians, who
enemy civilians recognizable as territory under are not
who take part in soldiers are our occupation recognizable as
combat or are caught in the commit hostile soldiers, are
guilty of act of sabotage acts against us or seized while
espionage (destruction of our allies, they committing the
(Passing of important are guilty of war acts and crimes
intelligence). bridges, treason, which mentioned in the
destruction of must be judged by case 5b, and shot
foodstuffs and German law (Armed out of hand, this
fodder) or are Forces Penal type of
discovered Gazette). The retaliatory
looting wounded right to punish measure is
or dead soldiers enemy civilians justifiable and
and thereupon for committing permissible under
shot. hostile acts International Law
against the only if the lives
occupying power of our own troops
derives from Art. were endangered.
43 of the Hague If offenders of
Rules for Land this kind are
Warfare which taken prisoner,
allows the they may not
occupying power to simply be put
carry out public against a wall,
administration and but must be tried
expressly assigns according to the
to it the decrees relating
responsibility for to the case. This
the maintenance of procedure can
public order and take place
public life. briefly and
summarily in the
field. The
experiences of
the World War
have taught us
that this
procedure offers
the enemy no
opportunity of
attack, whereas
executions
without trial are
the best
foundations for
the enemy's
propaganda.
Encroachments
actually made on
our part will
have to be
explained either
as the necessity
for our troops to
defend themselves
or by the
assertion that
the Czechs
attempted to
escape.
(6) Forcing of (6) Captured Art. 31 of the The use of such
prisoners and Czech soldiers agreement signed measures can be
civilians into or Czech on 27 July 1929, justified as a
employment in war civilians are concerning the necessity of war,
work (road detailed to do treatment of or with the
construction, road work or to prisoners of war, assertion that
digging trenches, load munitions. forbids the the enemy acted
production of directing of in the same way
munitions, prisoners of war first.
employment in the into work which is
transport service directly connected
etc.). with war measures.
Enforcement to do
such work is, in
any case, contrary
to international
law. Prisoners of
war and civilians
may be employed in
road building but
not in the
production of
munitions.
(7) Measures (7) For military Art. 52 of the Necessity is the
against the reasons it is Hague Rules for only reason
population necessary to Land Warfare justifying
connected with requisition allows the excessive
the billets, occupying powers requisitioning of
requisitioning of foodstuffs and to claim payment toilets and the
billets, supplies fodder from the in kind and deliveries of
o f foodstuffs, Czech service from the foodstuffs and
fodder and population. As a communities and fodder. Mention
live-stock etc, result the inhabitants of an that the troops
latter suffer occupied are suffering
from want. territory. These from the same
payments must be shortage would be
in relation to the appropriate.
resources of the Moreover it must
country. be added that
women, children,
Harsh oppression and invalids will
of the civil be provided for
population is as far as
justified only if possible.
the occupying
power is itself in
need and must
live. Oppression
and the enforced
delivery of goods
unless they are a
due military
necessity are not
only contrary to
international law,
they are also
unworthy.
(8) Compulsory (8) Czech According to Art. The most
evacuation of the population is, 43 of the Hugue advisable
population from for military Rules for Land justification is
their homes. reasons, Warfare and if that the
compulsorily military necessity inhabitants must
evacuated to the ugently requires be protected
rear area. it. The removal of against
inhabitants to the bombardment.
rear of the
operational zone
is authorized by
international law.
(9) Measures (9) Churches are German soldiers If the urgent
which affect used for will use churches military
religious and military as military necessity exists,
church life. accommodation. accommodation for justification
men and horses under
only in the most International Law
extreme case of is granted and
need. must be given out
in public with
this as the
reason.
Experience has
show, however,
that the use of
religious
buildings for
such purphoses
offers effective
propaganda
material to the
enemy.
(10) Violation of (10) In the According to Art. An attempt at
neutral course of their 1 of the 5th Hague denial should
territorial duty, German Convention of 18 first be made. If
rights by aircraft fly October 1907, the it is
aircraft flying over Polish territory of unsuccessful, a
over or by territory where neutral powers is request for
bombing. they are not to be pardon should be
involved in an violated. A made (on the
air battle with deliberate grounds of
Czech aircraft. violation by miscalculation of
flying over this position) to the
territory is a Polish
breach of Government, and
International Law, compensation for
if the neutral damage
powers have guaranteed.
declared an air
barrier for combat
aircraft. If
German planes fly
over Polish
territory this
constitutes a
violation of
International Law,
provided that this
action is not
expressly
permitted.
(11) Measures of 11(a) Stationing No judgment by
naval warfare of U-boats and international law,
which are part of war activity of the questions
the mine-U-boat within the listed here, can
war, the blockage approaches to be made without
and the war of the Baltic or consultation with
merchant shipping within neutral OKM, as it is not
(on the basis of coastal water. known here, what
material (b) Prize laws measures are
available to the measures as part intended should
Naval War Staff). of the war on the occasion
merchant arise.
shipping, which
are objected to
by the enemy or
by neutrals as
contrary to
international
law.
(c) Use of
armament by
armed merchant
ships.
(d) Announcement
of declared
areas.
(12) Measures (12) The spreading of Justification of
aimed at Proclamations news by whatever our own measures
stiffening the over the German means with a view is not necessary;
will to resist on radio to to raising the in any case the
the part of Hungarian, moral forces of opponents will
national Slovak and people in the reply with their
minorities either Polish enemy territories own, i.e. counter
foreign or of minorities who who are racially propaganda.
German origin in are opposed to related or
enemy countries the Czech connected is
(by the Government. included in the
distribution of ruses of warfare,
leaflets, by air allowed under Art.
proclamations, 24 of the Hague
broadcasts, Rules for Land
training and Warfare.
arming).
II. THE OPPONENT’s VIOLATIONS
(a) Incidents (b) Example (c) Attitude of the International Law
Group
(1) Judgment by (2) Justification
International Law by the laws of
warfare
(1) Bombing or Judgment by If it is at all
shelling attacks International Law possible, claim
on localities as in Section I, that the enemy
where there are (1a) In an air No. 1, c 1. carried out
no military raid on Berlin, deliberate
installations. the French precision bombing
(a) Bombing of Embassy is and what is
extra-territorial destroyes specially to be
buildings and condemned is that
areas. the French
Embassy contains
valuable art
treasures and
that subjects of
enemy states are
staying there,
having found
asylum there.
Moreover, that
the French
Embassy made
efforts to avert
the conflict.
(2) Injuring or American Subjects of It will be
killing of subjects are neutral states difficult to
subjects of injured or outside the actual prove that the
neutral states killed in an air war zone are enemy did this
outside the raid on Dresden. protected by with intent. The
actual zone. International Law. only other
possible
assertion is that
as the buildings
and persons were
clearly
distinguishable
by the
indications of
American
territory, or
white flags,
there was no
excuse for
attacking them.
There were no
military
objectives near
the scene of the
onslaught.
(3) Bombing and (3) In an air Judgment by Accuse the enemy
shelling attacks raid on Vienna, International Law of having
aon hospitals, hospitals are as in Section I, violated Art. 27
military destroyed and No. 3, c 1. of the Hague
hospitals, Red Cross Rules for Land
churches and personnel and Warfare by
cultural patients killed. omitting to
monuments. provide suitable
for the
protection of the
hospitals in
Vienna which by
day and night
were marked
sufficiently
distinctly by the
Red Cross. In
this case, also,
the intention of
precision bombing
must be imputed
as much as
possible.
(4) Destruction (4) Detonators Prohibition of Such destruction
of villages, are placed in international law as the blowing up
settlements, the Aussig Dam exists only with of the Aussig Dam
agricultural in order to regard to the can only be
areas, industrial destroy the destruction and branded as the
and surrounding area removal of enemy most inhuman,
communications and the property, other senseless, and
installations inhabitants by than in those useless method of
which serve no flooding. cases where this taking revenge on
military purpose. destruction or innocent people.
removal is made Compare similar
urgent by the cases of barbaric
necessitites of action in the
war (Art. 23g of Hussite Wars and
the Hague Rules in the behavior
for Land Warfare). of the Czech
Legion in
Siberia,
1918/1920.
(5) Use of war When Czech Judgment by Making wells
weapons which can troops withdrew International Law unfit for use by
be employed under from the Sudeten as in Section II, throwing in
certain — German area, par 5, C 1. stable manure,
conditions and of wells in many for example, is
new types of war places are an authorized
weapons such as contaminated. means of war.
gas, flame- International Law
throwers, forbids only the
chemical warfare poisoning of
agents and wells.
bacteriological Contamination by
substances. bacteria, on
which this
example is
apparently based,
is forbidden by
International Law
both in the Hague
Ruling for Land
Warfare and in
the Convention of
1925. A
propaganda attack
is therefore
justified.
(6) Underhand In Postelberg, Underhand means of The enemy must be
means of waging Czech trucks and warfare as, for accused of
war: continuing locomotives have example, feigning employing
the fight after been camouflaged death and shooting unchivalrous
the enemy has by German from the rear at means of warfare,
apparently National advancing troops, and he will gain
surrendered — markings and showing white little advantage
camouflage by swastikas. flags and firing by means which
abuse of German with hidden are dishonorable
or neutral machine guns on and repugnant to
national the approach of an honest
markings. the unsuspecting soldier.
enemy justify
immeidate
reprisals without
mercy. The misuse
of the flag of
truce, they
national flag or
of the military
badges or uniforms
of the opponent or
of the Red Cross
is forbidden (Art.
23e, Hague Rules
for Land Warfare)
but it becomes
misuse only if
enemy operations
are undertaken
under the
camouflage; these
enemy operations
also justify
immediate reprisal
measures. The
camouflaging of
Czech trucks and
locomotives by
German national
markings and
swastikas is not
contrary to
international law.
It becomes
contrary thereto
only if they are
employed in enemy
operations, under
this camouflage.
(7) Maiming or When being taken Killing or In this case,
killing of into the Eger injuring one’s own propaganda can
wounded, hospital, a subjects does not only be directed
prisoners, serious injured come under the once more against
defenseless Sudeten-German judgment of Czech brutality
persons, women motor cyclist is international law. in general. In
and children. shot by Czech Killing or addition, it must
soldiers, who injuring of be stressed that
said: “The defenseless those injured and
German swine persons, wounded killed were
will die and prisoners of subjects who
anyway.” enemy nationality belonged to Czech
is expressly state only
forbidden by because they were
International Law. forced to and
whose return to
the Reich had
already been
promised.
(8) Use of German prisoners Judgment by Discretion must
prisoners of war of war are International Law be used in
for war work employed under as in Section I, reproaches of
(road guard as truck para. 8, C 1. this kind, for it
contruction, drivers for is possible that
digging trenches, transferring similar
production of back raw accusaitons could
munitions, materials of be made against
employment in war. us by the
transport opponent if the
service, etc.). fact is to be
made use of for
propaganda
purposes.
All that can be
asserted is that
our prisoners
were employed by
the opponent for
transporting
munitions behind
their front
lines.
(10) Compulsory Members of the a judgment from Also, all that
evacuation of Polish minority the standpoint of can be referred
national are compulsorily International Law to in propaganda
minorities from evacuated to the does not come into are Czech acts of
their homes, and interior of the the question. brutality.
confiscating country in
their food military
stuffs, fodder transports.
and live-stock,
etc.
(11) Measures for In localities on Measures for In this case it
inciting, arming, the Czech- inciting one’s own would be
and taking Silesian subjects, for appropriate to
control of the frontier summons arming and give warnings
civilian to fight German conducting referring to the
population (Franc-troops are guerilla warfare, civilian warfare
tireur warfare). issued, and arms are allowed. The of August 1914 in
distributed to national warning Belgium, which
the civilian itself, must not caused the death
population. exceed the limits of thousands of
prescribed by inhabitants.
International Law Cunning snipers
(Art. 1 and 2 of without uniform
the Hague Rules and soldiers in
for Land Warfare), civilian clothes,
i.e., prescribed after pretending
badges to be
recognizable at a acquiescent,
distance, bearing attacked soldiers
arms openly, etc. on the march and
in their billets
and provoked the
reprisals
justified by such
actions. For use
in propaganda, it
must be
particularly
stressed that the
above-named
conditions
justifying a
national uprising
were not
fulfilled and the
outward
identification
marks of armed
civilians were
lacking.
(12) Violation of Czech airmen It is contrary to The violation of
neutral drop bombs on International Law the neutrality of
territorial the German- for combat Polish territory
rights by flying Polish frontier, aircraft to fly and the
over or bombing destroying the over the destruction of
it. town hall in territories of non-military
Lissa and a neutral power. buildings of
church in which the church
Rawitsch. in Rawitsch is
specially
protected by
International Law
constitute a
serious breach of
International Law
which must be
correspondingly
used to the full
in propaganda. In
addition, it is
necessary to
point out that it
was obviously a
deliberate air
raid.
(13) Slanderous The Melnick Making the enemy Remedy in this
propaganda by Radio Station contemptible is a case is possible
false reports on spreads reports stratagem of war only by
the measures of that dum-dum allowed by correcting the
the German projectiles have international law, reports, and
command and on been used by even if in so better still by
the combat German troops. doing many lies counter-attack,
elements, by Polish and in which, of
accounts of newspapers show misrepresentations course, we can
atrocities in false are made. The also make use of
press reports, photographs of efforts made by the spreading of
news picture this. different powers, atrocity stories.
broadcasts, etc. Germany amongst Nothing more can
them, to form and be done than to
international attempt to beat
agreement to the opponent at
restrict the his own game or
propaganda of war get equal with
atrocities failed him in some way
in 1932. or other.