“1. The partisan situation in the Italian theater, particularly central Italy, has recently deteriorated to such an extent that it constitutes a serious danger to the fighting troops and their supply lines, as well as to the war industry and economic potential. The fight against the partisans must be carried on with all means at our disposal and with the utmost severity. I will protect any commander who exceeds our usual restraint in the choice of severity of the methods he adopts against partisans. In this connection the old principle holds good, that a mistake in the choice of methods in executing one’s orders is better than failure or neglect to act.”

SIR DAVID MAXWELL-FYFE: And you remember 3 days later, so that there will be no mistake as to what you meant, you issued this further one, another top-secret order. Reading the third line after saying, “The announcement does not represent an empty threat,” you say:

Trial of the Major War Criminals Before the International Military Tribunal, Vol. 9 — Part 197

“It is the duty of all troops and police in my command to adopt the severest measures. Every act of violence committed by partisans must be punished immediately. Reports submitted must also give details of countermeasures taken. Wherever there is evidence of considerable numbers of partisan groups, a proportion of the male population of the area will be arrested; and in the event of an act of violence being committed, these men will be shot.”

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Now, I just want only to take two examples, Witness, of the way that that was carried out. You remember when one of your officers, Colonel Von Gablenz, was captured by partisans; do you remember?

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SIR DAVID MAXWELL-FYFE: I think he was a colonel at this stage, it was the 26th of June, just after your order. You remember Colonel Von Gablenz being captured, do you?

SIR DAVID MAXWELL-FYFE: He was a colonel of the lines of communication; not a very important officer, but still a colonel.

SIR DAVID MAXWELL-FYFE: Now, just look at these two documents. Is this right?—this is an extract from the daily situation report by the Commander-in-Chief of Southwest Italy for the 26th of June.

“Partisan situation. North of Arezzo, Colonel Von Gablenz, a member of the staff of the officer commanding lines of communication, area 10th Army, was captured by bandits. The entire male population of the villages on the stretch of road concerned was taken into custody.”