world war 2: warsaw uprising 1944
 

Agreement for the Cessation of Hostilities in Warsaw (Capitulation Document).

Pomian, Andrzej. The Warsaw Rising: A Selection of Documents. London, 1945.

   

On October 2nd, 1944, an agreement for the cessation of hostilities in Warsaw was concluded at Ożarów near Warsaw. The plenipotentiary on the German side was SS Obergruppenführer and Police General von dem Bach, Commander of the Warsaw area. The plenipotentiaries representing the Home Army were: 1. Col. Kazimierz Iranek Osmecki (Jarecki), 2. Lt.-Col. Zygmunt Dobrowolski (Żyndram), who were authorized on the basis of written plenipotentiary powers, signed by Lieutenant-General Komorowski (Bór), Commander-in-Chief of the Home Army.

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I

1. On October 2nd, 1944, at 20:00 hours German time (21:00 hours Polish time) armed hostilities between the Polish forces fighting in the area of the city of Warsaw and the German forces shall cease.
The term Polish Fighting Forces to cover all Polish formations subject tactically to the Commander of the Home Army during the period of struggle from 1.8.44 [Aug. 1, 1944] down to the day of the signature of this agreement. Throughout the rest of this agreement these forces will be called "Forces of the Home Army."

2. The soldiers of the above specified Polish forces shall lay down their arms within the time determined in section two of this present agreement and shall proceed in compact formations with their Commanders to the assembly points. The places where arms are to be laid down and the assembly points will be established in detail in supplementary notices. The officers shall be entitled to retain side-arms.

3. At the same time the Home Army shall hand over to the German authorities all German soldiers taken prisoner and all persons of German nationality interned by the Polish authorities.

4. To assure order and security in the area of the city of Warsaw special units shall be appointed by the Commander of the Home Army. These units will be free from the immediate obligation to lay down their arms, and will remain in the city until the fulfillment of their charge. The German Command has the right to check the numerical size of these units.

5. From the moment of laying down their arms the soldiers of the Home Army are entitled to the rights of the Geneva Convention dated 27.8.29 [August 27, 1929], concerning the treatment of prisoners of war. Soldiers of the Home Army taken prisoner in the area of the city of Warsaw in the course of the struggle which began on August 1st, 1944, shall enjoy the same rights.

6. Those non-combatant persons accompanying the. Home Army, within the meaning of article 81 of the Geneva Convention on the treatment of prisoners of war without distinction of sex, are entitled to the rights of prisoners of war. This affects in particular women workers an the staff and liaison, those giving help to soldiers, personnel of the information and press services, war correspondents, etc.

7. In applying the terms of the Geneva Convention on the treatment of prisoners of war; officers' ranks recognized by the Command of the Home Army shall be accepted. Papers operative under a pseudonym shall be sufficient evidence of membership of the Home Army. The true surnames will be supplied for the information of the German military authorities.

Members of the Home Army who have lost their papers will be identified by a Commission of the Home Army, which will be appointed. Such commissions will be set up as required by the Home Army Command.

The terms of this present article also apply to persons indicated in article 6.

8. Persons being prisoners of war in the sense of the aforesaid articles shall not be persecuted for their military or political activities either during the period of struggle in Warsaw or in the preceding period, even if they had been discharged from prisoner of war camps. Any violations of German legal regulations as, in particular, failure to register as officers, previous escape from prisoner-of-war camps, illegal sojourn in Poland, etc., shall not entail punishment.

9. In regard to the civilian population who were in the city of Warsaw during the period of struggle, collective responsibility shall not be applied.

No person who was in Warsaw during the period of struggle shall be persecuted for functioning in time of war in the organization of administrative or judiciary authorities, in the security and public welfare services and in social and charitable institutions, or for co­operating in the battles and in military propaganda.     

Members of the above specified authorities and organizations shall not be persecuted even for political activities prior to the rising.

10. The evacuation of the civilian population from the city of Warsaw which the German Command has demanded shall be carried out at such a time and in such a manner as shall save the population superfluous suffering. The evacuation of objects of artistic, cultural or sacred value shall be facilitated. The German Command will take steps to protect such public and private property as remains in the city.

The details of the evacuation will be regulated by a separate agreement.

II

1. The Home Army Command binds itself to remove the barricades, first and foremost those situated nearest to the German lines, on October 3rd, 1944, beginning at 7:00 hours German time (8:00 hours Polish time).

2. The Home Army Command will deliver to the German lines all German prisoners of war, and also, so far as is possible, all German civilian internees to representatives of the German armed forces on this same day of October 2nd, 1944, by 24:00 hours German time (1:00 a.m. on October 3rd, Polish time) at the latest.

3. If the removal of the barricades is not begun at the time appointed, the German Command reserves the right to denounce this present agreement on October 3rd, 1944, beginning at 12:00 hours German time (13:00 hours Polish time), and the denunciation shall come into effect in two hours from the moment of handing the letter denouncing the agreement to the Polish lines.

4. The Home Army Command binds itself to lead one regiment, or three battalions from different regiments, out of Warsaw to lay down arms on October 4th, 1944. The crossing of the German lines by the head of these forces must follow on October 4th at 9:00 hours German time (10:00 hours Polish time).

5. The remaining forces of the Home Army, with the exception of the units specified in section one, clause 4 of this present agreement, shall leave Warsaw to lay down arms on October 5th, 1944.

6. Forces of the Home Army shall march out of the Polish line with weapons, but without ammunition, by the following routes:

(a) From City Centre South: the 2nd infantry regiment, via Śniadecki, August 6th, Sucha, and Filtrowa Streets.

(b) From City Centre North: (1) the 37th infantry regiment via Napoleon Square, Sikorski Avenue (Reichstrasse) and Grójecka Street (Radomstrasse); (2) the 15th infantry regiment via Grzybowska Street, Chłodna Street (Eisgrubenstrasse) and Wolska Street (Litzmannstädterstrasse).

7. The following forces of the Home Army shall remain in the city:

(a) For duties connected with the preservation of order, three infantry companies armed with pistols, automatic pistols and rifles;

(b) For guarding and handing over three regimental magazines with ammunition and equipment, thirty armed persons, as above;

(c) Medical units for care and transport of the wounded and the evacuation of the hospital to be unarmed.

8. The evacuation of the wounded and sick soldiers of the Home Army, as also of medical material, will be determined by the Medical Head of the German forces in consultation with the Medical Head of the Home Army. Regulations of the same nature for the evacuation of medical personnel's families will follow.

9. Soldiers of the Home Army shall be recognized by a white and red arm-band or pennons; or a Polish eagle, irrespective of whether they wear any kind of uniform or civilian clothing.

10. The agreeing parties confirm that transport, accommodation, guard and care of the prisoners of war shall remain solely within the control of the German armed forces (Deutsche Wehrmacht).

The German party guarantees that these tasks in regard to soldiers of the Home Army will not be entrusted to formations of foreign nationalities.

11. Women who are prisoners of war within the terms of section one, clause 6, will be accommodated in prisoner of war camps corresponding to officers' camps (Oflag) or other ranks' camps (Stalag) respectively.

The ranks of junior commander, commander, senior commander and inspector are regarded as women's officer ranks.

At their own desire women prisoners-of-war may be treated like the remaining population of Warsaw.

12. The German military authorities will immediately inform the Kriegsgefangenenhilfe der Y.M.C.A. in the town of Sagan of the location and number of the Home Army soldiers and accompanying persons accommodated in prisoners-of-war camps.

13. For technical help in carrying out this present agreement S.S. Obergruppenführer and General of Police von dem Bach shall have three Polish officers at his disposition.

III

In the event of the terms of this present agreement being violated, those who are found guilty will be held responsible.

Signed:
Von dem Bach
Iranek Kazimierz, Col.
Dobrowolski, Lt.-Col.