Ferdinand von Schirach: Terror

Presiding JudgeExcuse me? I couldn’t hear you.

LauterbachI said one of the children was just four years old.

Presiding JudgeYes, well. What orders did you receive from General Radtke?

LauterbachIt took about six minutes. In a case like this General Radtke has to call the Minister of Defence and inform him of the situation. At the same time he is in contact with the Military Supreme Commander. General Radtke made the Minister of Defence a proposal: that is his duty. The Minister then decides whether he is going to follow this proposal. That is what’s written in the Aviation Security Law and in the official regulations.

Presiding JudgeWhat did General Radtke propose?

LauterbachFor cases like this there’s a series of steps laid down in advance.

Presiding JudgeOh. And they are?

LauterbachStep one: divert the plane. Step two: warning shots.

Presiding JudgeThat means?

LauterbachThe Minister orders the unit to fire warning shots.

Presiding JudgeCan’t the pilots decide that for themselves?

LauterbachTo fire warning shots?

Presiding JudgeYes.

LauterbachNo, only the Minister is allowed to do that.

Presiding JudgeVery well, then. Warning shots. Did you receive this order? That the pilots should now fire warning shots?

LauterbachYes.

Presiding JudgeWhat happens there? These warning shots, I mean.

LauterbachThat’s going to get technical now, Your Honour.

Presiding JudgeExplain anyway. We’ll do our best to follow.

LauterbachThe Eurofighter is equipped with a single-barrel gas-operated five-chamber revolver cannon made by Mauser. The weapon is mounted in the right wing. Its rate of fire is 1,700 rounds per minute, travelling at a velocity of 1,025 metres per second. Which means over four kilogrammes of ammunition is fired in 0.5 seconds. It has a range of around 1,600 metres. For airborne targets it is usually loaded with high explosive ammunition.

Presiding JudgeAha.

LauterbachI passed the order on to the rapid reaction force. ‘Warning burst’, that’s what we call it. In military language, I mean.

Presiding JudgeWho was it fired these shots?

LauterbachMajor Koch. He released a burst of fire from the on-board cannon. It’s a mixed load: tracers and conventional ammunition.

Presiding JudgeDid you decide who would fire the shots?

LauterbachNo, the pilots decide that themselves. But it is customary for the senior officer to do so.

Presiding JudgeThe defendant, in other words.

LauterbachThat’s right.

Presiding JudgeAnd what happened next? Would the captain of a civilian aircraft even notice the warning shots?

LauterbachOf course. He can see the gun smoke and hear the shots. And he can see the path of the tracer bullets.

Presiding JudgeWas there a reaction of any kind?

LauterbachNo. And if I may say so, warning shots like these are pretty damned impressive. It takes quite a lot not to react to them.

Presiding JudgeI see. In your military experience are there any other ways of interrupting a flight?

LauterbachYou mean other than warning shots and diversion?

Presiding JudgeYes.

LauterbachI’m afraid not.

Presiding JudgeYou’re afraid not.

LauterbachAnyone else would say the same.

Presiding JudgeWhat did you do next?

LauterbachI reported back to General Radtke again.

Presiding JudgeAnd then?

LauterbachGeneral Radtke took a couple of minutes to reply. During that time he had proposed to the Minister of Defence that the Lufthansa aircraft be shot down.

Presiding JudgeAnd?

LauterbachThat is the final step. But the Minister of Defence rejected it.

Presiding JudgeHow do you know that?

LauterbachThe General told me.

Presiding JudgeDid Radtke make any comment on the Minister’s decision?

LauterbachWhat do you mean?

Presiding JudgeWell, for example did he say, ‘Unfortunately he rejected it’? Or something like that?

LauterbachNo.

Presiding JudgeHad you expected that to be the Minister’s decision?

LauterbachYes. We all know the views of the Federal Constitutional Court.

Presiding JudgeYou mean the ruling which declared part of the Aviation Security Law to be unconstitutional?

LauterbachYes. At the time everyone in the team had talked about it.

Presiding JudgeVery well. You passed that decision on to the pilots.

LauterbachWhat?

Presiding JudgeThat they weren’t allowed to shoot.

LauterbachYes, of course.

Presiding JudgeAnd what happened then?

LauterbachNothing.

Presiding JudgeNothing? I don’t understand.

LauterbachWell, we just stared at the screens, there was nothing else we could do. Everyone was hoping for a miracle, I was at any rate.

Presiding JudgeDid you question the General’s order or did you simply pass it on to the rapid reaction force?

LauterbachIt’s not my job to question orders.

Presiding JudgeSo you passed on the instructions exactly as you received them?

LauterbachYes.

Presiding JudgeI see. I am trying to imagine the situation. You are now looking at the screens and waiting. How long did that go on, approximately?

LauterbachTwenty-eight minutes.

Presiding JudgeThat long?

LauterbachYes.

Presiding JudgeSo almost half an hour.

LauterbachYes.

Presiding JudgeAnd then?

LauterbachMajor Koch –

Presiding JudgeThe defendant?

LauterbachHe asked twice whether he had understood everything correctly.

Presiding JudgeThe order that he was not allowed to shoot?

LauterbachCorrect. The order to shoot the aircraft down is ‘engage’. I confirmed to him both times that no such order had been given.

Presiding JudgeDid you have a clear connection? Could the defendant understand you properly?

LauterbachYes, he repeated it himself.

I’m sorry, could I have a glass of water please?

Presiding JudgeSergeant, a glass of water please for the witness.

The Guard brings a carafe of water and a glass.

LauterbachThank you.

He pours himself a glass of water and drinks.

Presiding JudgeAre you ready to continue?

LauterbachYes.

Presiding JudgeGood. So the defendant asked twice. Then what happened?

LauterbachThe next thing was Major Koch reported that the Lufthansa aircraft had begun its descent. This was confirmed by what I saw on my screen.