“6. The Red Cross is inviolable. Wounded enemies must be treated humanely. Medical orderlies and chaplains must not be hindered in the performance of their medical and spiritual functions.
“7. The civilian population is inviolable. The soldier must not plunder or wantonly destroy. Historical monuments and buildings dedicated to religious service, art, science, or charity must be treated with special care. Personal services and services in kind shall only be required of the civilian population against compensation, and if ordered by the superior officer.
“8. Neutral territory must not be militarily involved by trespassing, by planes flying over it, or by gunfire.
“9. If a German soldier is captured, he must state his name and rank when questioned. Under no circumstances may he say to what unit he belongs, or speak about military, political, or economic conditions on the German side, neither may he allow himself to be induced to do so by threats or promises.
“10. Any contravention of these orders while on active service is punishable. Breaches by the enemy of the rules listed under 1 to 8 are to be reported. Reprisals are permissible only by order of the higher commanders.”
MR. JUSTICE JACKSON: Now that, as you understand it, is the military law conforming with international law, which was promulgated for the governance of the troops in the field?
MILCH: Yes.
MR. JUSTICE JACKSON: And you understood, and it was generally understood in the German Army, that that was international law, was it not?
MILCH: Every soldier could not help knowing that these were the German regulations because they were pasted on the first sheet of the pay book, issued to every soldier, and which he had to carry on him. The common soldier, of course, did not know that they represented international law.
MR. JUSTICE JACKSON: The higher commanders, like yourself did, didn’t they?
MILCH: Yes.
MR. JUSTICE JACKSON: That represented your understanding and interpretation of your duties and obligations as honorable men in combat?
MILCH: Yes.
MR. JUSTICE JACKSON: Now, did you participate in the activities of Hermann Göring in collecting the art treasures of France and other occupied territories?
MILCH: No.
MR. JUSTICE JACKSON: Did you participate in the removal of the civilian population for forced labor?
MILCH: No.
MR. JUSTICE JACKSON: You know that was done, do you not?
MILCH: I did not know that the workers who came from foreign countries had been deported; we were told that they had been recruited on a voluntary basis. In the case of France, I know that up to a certain date the French had wanted to come, but after that date they no longer wanted to come, and that the French Government itself had issued directives to deal with this.
MR. JUSTICE JACKSON: Aside from that, then, you did not know anything about involuntary or forced labor in Germany? Is that your testimony?
MILCH: No. I only knew that . . .
MR. JUSTICE JACKSON: Tell us what you did know about it and what you did about it.
MILCH: I knew that those people had been recruited and that they had come voluntarily. I knew that many of them were very satisfied, but as time went on and the German military situation deteriorated, discontent began to set in among these foreign workers, although, according to the information which reached my ears, only a small group was affected. I would add that in a general way, we ascribed this ill feeling to the fact that the food for these people was not everything they could wish; consequently, sundry organizations, with Speer’s ministry at the head, made efforts to improve their living conditions.
MR. JUSTICE JACKSON: You have not yet answered my question. Did you know that forced labor was being brought from occupied territories and compelled to work in German industry? Did you know it? Answer that “yes” or “no.”
MILCH: I knew that only in the end Frenchmen were forced by their own French Government to come.
MR. JUSTICE JACKSON: Did you know that prisoners of war were forced to work in the airplane industry, and were actually forced to man guns? Did you know that?
MILCH: I did hear about it.
MR. JUSTICE JACKSON: And you heard about it from your fellow officers, did you not?
MILCH: At the moment I cannot say from whom I heard it. I believe there was a group which I think was called “Volunteers.” As far as I know it was recruited on a voluntary basis from among those prisoners of war.
MR. JUSTICE JACKSON: And did you learn about—even if you did not participate in it—the plan for the collection of art treasures from the occupied countries?
MILCH: No. I knew nothing of this plan as it then existed. I first heard about it here in Nuremberg through some of the witnesses.
MR. JUSTICE JACKSON: Now I want to ask you some questions about certain exhibits; I refer to Document Number 343-PS, Exhibit USA-463. I will ask to have that exhibit shown to you.
[Document 343-PS was submitted to the witness.]
MILCH: These letters are signed by me and they are also written on my stationery. They must have been drafted by the Medical Inspection department. As I said a few days ago, I no longer remember the contents. I should only like to say that the answers were drafted in such a way as not to lead us, the Air Force, into any difficulties with Herr Himmler. For instance, I never read the statements made by Dr. Rascher and Dr. Romberg. They were read by the Medical Inspectorate. In this connection I acted, so to speak, as postman between the SS and our Medical Inspection department.
MR. JUSTICE JACKSON: When you testified, on interrogation, you had no recollection of these letters; but on Friday you testified that you made some alterations in one of them before it went out. Do you want to tell us what that alteration was?
MILCH: Yes, some of these letters were submitted to me during my interrogation and it was then that I first remembered it. The changes which I made were merely a matter of courtesy in style, in view of Herr Himmler’s extreme susceptibility. I do not think that either of these two letters contains the alteration; that, I believe, was in another letter.
MR. JUSTICE JACKSON: It was the other letter in which there was a change, Number 1607?
MILCH: I believe so, yes.
MR. JUSTICE JACKSON: Now, in your examination, your interrogation, you gave a reason why these were brought to you for signature instead of being signed by the bureau chiefs. Do you remember what that reason was?
MILCH: Yes. I had the impression that the Medical Inspector did not wish to address his refusal to Himmler because he was afraid; whereas Himmler had written to me because he always wrote only either to the Reich Marshal or to me, as he was unacquainted with the organization of the Luftwaffe in this particular sphere, for the Medical Inspector was not subordinate to me.
MR. JUSTICE JACKSON: Well, I understand from your interrogation that you gave as the reason why these letters were brought to you for signature, that your office was in fear of Himmler and did not want to take the responsibility of writing a letter to him, is that right?
MILCH: Not my office, but I think the Medical Inspection department did not wish to place themselves in an awkward position as concerns Himmler.
MR. JUSTICE JACKSON: And I think you also said that the officials of that department were afraid of the SS.
MILCH: That is what I wished to express.
MR. JUSTICE JACKSON: Were they engaged in any illegal conduct or any activity against the government?
MILCH: I did not understand that.
MR. JUSTICE JACKSON: