SECRET
Metz, 14. 5. 42
The Officer Commanding Security Police and SD in Lorraine— Saar Palatinate
1. Report: By order of the Commander I personally submitted to-day to Mr. Welsch, Advocate General, the Decree of the Supreme Command of the Armed Forces of 2 Feb. 42 (Copy)— Office Foreign Countries (Ausl. Amt) Counter Intelligence Dept. Cl (Abwehr) II Nr. 570/1.42 secret (ZR/IIIC 2)—for his approval and had it returned to me in a sealed envelope.
2. Submitted, to the Commander for his information and further orders. (Mr.) Pistorius wishes the Decree to be returned to him.
[signed] Ram [?]
Returned to Pistorius 14. May 1942
14 May 1942 [signed] Ram
Copy
(k) stamp Berlin, 2 Feb. 1942
Supreme Command of the Armed Forces
Office Foreign Countries (Amt Ausl.) Counter Intell./Dept. Abwehr HI Nr. 570/142 (ZR/III C 2) Secret Re: Prosecution of offenses against the German State or the Occupying Power in the occupied territories.
Your Ref. none Enclosures: 3
Secret
Enclosed please find:
1. Decree of the Fuehrer and Supreme Commander of the
Armed Forces of 7 Dec. 41. .
2. Executive order of the same date.
3. Communication of the Chief of the Supreme Command of the Armed Forces of 12 Dec. 41.
The decree introduces a fundamental innovation. The Fuehrer and Supreme Commander of the Armed Forces orders that offenses committed by civilians within the occupied territories and of the kind mentioned above, are to be dealt with by the competent Military Courts in the occupied territories only, if
(a) the death penalty is pronounced, and
(b) sentence is pronounced within 8 days of the prisoner's arrest.
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Unless both these conditions are fulfilled, the Fuehrer and Supreme Commander does not anticipate that criminal proceedings within the occupied territories will have the necessary deterrent effect.
In all other cases the prisoners are in future to be transported to Germany secretly, and further dealings with the offenses will take place here; these measures will have a deterrent effect because
(a.) the prisoners will vanish without leaving a trace,
(ft) no information may be given as to their whereabouts or their fate.
This order will entail only very slight alterations in the activities of the Counter Intelligence [Abwehr] Offices. Now as before these offices decide the actual time when people suspected of espionage or sabotage are to be arrested. When deciding this time, it must now nevertheless be taken into consideration that before the arrest is made there will if possible have to be enough proof to convict the prisoner, for there will hardly be an opportunity for further inquiries, confrontations etc. since sentence has either to be pronounced within 8 days or otherwise the removal of the arrested person to Germany will make further investigations on the spot impossible. Before the arrest is made, therefore, contact must be made with the appropriate Military Court and the question examined with them as to whether or not the proof collected is sufficient.
In case the competent Military Court, resp. the Military Commander are of the opinion that an immediate decision on the spot is impossible, and the prisoners are therefore to be transported to Germany, the Counter Intelligence Offices have to report this fact directly to the RSHA in Berlin SW 11, Prinz Albrecht Street 7, c/o Dr. Fischer, Director of Criminal Police, stating the exact number of prisoners and of the groups which belong together as the case may be. Isolated cases where the Superior Commander has an urgent interest in the case being dealt with by a military court, are to be reported to the RSHA. Copy of the entire report has to be sent to Office Foreign Countries Intelligence Dept. Abwehr III.
The RSHA on the basis of available accommodation will determine which office of the State Police has to accept the prisoners. The latter office will communicate with the competent Counter Intelligence Office and determine with it the particulars of the removal, particularly whether this will be carried out by the Secret Field Police, the Field Gendarmerie, or the Gestapo itself, as well as on place and the manner of the actual handing over.
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For the time being, the Fuehrer's Decree is to be applied only within the occupied areas of the West (Norway, Holland, Belgium and the North of France, France).
The Counter Intelligence offices will report orally to the Chiefs of Staff on the above instructions of the Foreign Countries/ Counterintelligence [Abwehr].
The Chief of the Supreme Command of the Armed Forces by Order ;
. [signature illegible] '
Copy of Copy
The Chief of the Supreme Command of the Armed Forces 14 n 16 WR (I 3/4), Nr. 165/41 confidential
Dec. 12th, 1941
Secret .
Subject: Prosecution of offences committed within the occupied countries against the German State or the Occupying Powers.
1 Enclosure -It is the carefully considered will of the Fuehrer that now measures should be conceived in order to counteract attacks against the German State or the occupying power in the occupied territories. The Fuehrer is of the following opinion. If these offences are punished with imprisonment, even with hard labor for life, this will be looked upon as a sign of weakness. Efficient and enduring intimidation can only be achieved either by capital punishment or by measures by which the relatives of the criminal and the population do not know the fate of the criminal. This aim is achieved when the criminal is transferred to Germany.
The enclosed directives for the prosecution of the offences comply with the Fuehrer's point of view. They have been examined and approved by him.
[signed] Keitel
SECRET
Copy of Copy '
The Fuehrer and Supreme Commander of the Armed Forces
"[stamp] SECRET
Directives for the prosecution of offences committed within the occupied territories against the German State or the occupying power, of December 7th, 1941.
Within the occupied territories communistic elements and other circles hostile to Germany have increased their efforts
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against the German State and the occupying power since the Russian campaign started. The amount and the danger of these machinations oblige us to take severe measures as a determent. First of all the following directives are to be applied:
I. Within the occupied territories, the adequate punishment for offences committed against the German State or the occupying power which endanger their security or state of readiness is on principle the death penalty.
II. The offences listed in paragraph I as a rule are to be dealt with in the occupied countries only if it is probable that sentence of death will be passed upon the offender, at least the principal offender, and if the trial and the execution can be completed in a very short time. Otherwise the offenders, at least the principal offenders, are to be taken to Germany.
III. Prisoners taken to Germany are subjected to military procedure only if particular military interests require this. In case German or foreign authorities inquire about such prisoners, they are to be told that they were arrested, but that the proceedings do not allow any further information.
IV. The Commanders in the occupied territories and the Court authorities within the framework of their jurisdiction, are personally responsible for the observance of this decree.
V. The Chief of the Supreme Command of the Armed Forces determines in which occupied territories this decree is to be applied. He is authorized to explain and to issue executive orders and supplements. The Reich Minister of Justice will issue executive orders within his own jurisdiction.
By Order
The Chief of the Supreme Command of the Armed Forces
[signed] Keitel
A true copy.
[signature illegible]
Major
Copy of Copy
[stamp] Secret
First Ordinance for the execution of the directives of the Fuehrer and Supreme Commander of the Armed Forces concerning prosecution .of offenses committed within the occupied territories against the German State or the occupying power.
Based on paragraph V of the directives of the Fuehrer and Supreme Commander of the Armed Forces concerning prosecution
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of offenses committed within the occupied territories against the German State or the occupying Power, of December 7th, 1941 I decree as follows:
I
As a rule, the provisions of paragraph I of the Directives apply in case of the following:
1. Attacks against life or body,
2. Espionage,
3. Sabotage,
4. Communistic conspiracy,
5. Offenses likely to create disturbance,
6. Assistance to the enemy, through:
a. Smuggling of persons
b. Attempt to join an enemy force,
c. Assisting enemy soldiers (parachutists, etc.)
7. Illegal possession of arms.
II ,
(1) The offenses mentioned in I of the Directives are to be brought to trial in the occupied territories only in the following cases :
1. It must be likely fhat death sentence will be pronounced upon the offenders, at least upon the principal offenders.
2. It must be possible to complete trial and execution within a very short time (on principle within a week after arrest).
3. No particular political objections should be present with regard to immediate execution.
4. Apart from sentences for murder or for participating in guerilla warfare, a death sentence against a woman should be improbable.
(2) If a sentence passed in accordance with subs. I has been squashed, the subsequent procedure may be continued in the occupied country provided the stipulations of paragraph 1, Nr. 1, 3 and 4 are complied with.
III
(1) With regard to offenses defined in paragraph I of the Directives, the Court Official decides in agreement with the Counter Intelligence offices whether the conditions for trying the case within the occupied country are present. If in the affirmative he convokes the court martial. If in the negative he submits the file to his superior commander (s. 89, subs. 1 Code of Military Procedure). The latter may reserve his decision.
(2) The Superior Commander has the final decision as, to whether the conditions are present for trying the case in the oc-
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cupied country. In the affirmative he delegates further procedure to an authority within his area. In the negative, he orders the Secret Field Police to transport the Prisoner to Germany.
IV
(1) Prisoners transported to Germany are subjected there to military procedure only when the High Command of the Armed Forces or the Superior Commander, while deciding according to par. Ill, state that particular military interests call for adjudication by a military court. When such a statement has not been issued, the order to transport the offender to Germany is equivalent to a transfer in the meaning of par. 3, subs. 2, par. 2 Code of Military Procedure.
(2) If the Superior Commander exercises the authority invested in him under Art. I, he should submit the documents to the Supreme Command of the Armed Forces, through the usual service channels. The prisoners are to be designated "Military Prisoners" as regards the Secret Field Police.
(3) The Supreme Commander of the Armed Forces determines the powers of the Court, trying those prisoners, who under Art. I, come under military procedure. The Supreme Command can renounce the competency of the Military Tribunals and can furthermore suspend the proceedings until such time as it may desire.
V
If the trial takes place in Germany it should take place with the Public strictly excluded, owing to the endangering of State Security. Alien witnesses may be heard only with the consent of the Supreme Command of the Armed Forces.
VI
The instruction on the procedure in military courts contained in the Decrees of the Chief of the Supreme Command of the Armed Forces of Sept. 13th 1941 concerning the situation in Norway (Ops. Staff of the Armed Forces Dept. L (IV/Qu) No. 002034/41) Top Secret and of Sept. 16th, 1941 re. Communist Resistance Movements in the occupied territories. (Ops. Staff of Armed Forces, Dept L (IvQu) No. 002060/41 Top Secret) are replaced by the directives and this Execution order.
VII
(1) The directives take effect three weeks after having been signed. They are to be applied in all occupied countries with the exception of Denmark until further notice.
(&) The rules issued for newly occupied eastern countries are not effected by these rules.
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(3) Par. 1 of the directives applies to pending- cases. The court official and the Superior Commander are entitled to apply par. IILof this execution order in such proceedings. In case the Superior Commander orders transport of an offender to Germany, par. IV is applicable. With regard to prisoners transported to Germany before the directives came into force, the Supreme Command of the Armed Forces may apply para. IV, subs. 3.
The Chief of the Supreme Command of the Armed Forces
[signed] Keitel.