Which, of course, was supposed to mean that any soldier was warned that he won't be prosecuted if he commits a crime - basically license to commit any crimes.With regard to offences committed against enemy civilians by members of the Wehrmacht and its employees, prosecution is not obligatory, even where the act is at the same time a military crime or offence.
What our dear friend Roberto forgots to mention is the continuation of the same order, that says explicitly that crimes like manslaughter or sexual assault/rape were to be prosecuted:
Emphases are mine.Adolf Hitler and Wilhelm Keitel wrote:
"Order concerning the exercise of martial jurisdiction and procedure in the area 'Barbarossa' and special military measures."
"The application of martial law aims, in the first place, at maintaining discipline.
The fact that the operational areas in the East are so far-flung, the battle strategy which this necessitates, and the peculiar qualities of the enemy, confront the courts martial with problems which, being short-staffed, they cannot solve while hostilities are in progress, and until some degree of pacification has been achieved in the conquered areas, unless jurisdiction is confined, in the first instance, to its main task.
This is possible only if the troops take ruthless action themselves, against any threat from the enemy population.
For these reasons I herewith issue the following order effective for the area 'Barbarossa' (Area of Operations, Army Rear Area, and Area of Political Administration):
I. Treatment of offences committed by Enemy Civilians.
1. Until further notice the military courts and the courts martial will not be competent for crimes committed by enemy civilians.
2. Guerrillas should be disposed of ruthlessly by the military, whether they are fighting or in flight.
3. Likewise all other attacks by enemy civilians on the Armed Forces its members and employees, are to be suppressed at once by the military, using the most extreme methods, until the assailants are destroyed.
4. Where such measures have been neglected or were not at first possible, persons suspected of criminal action will be brought at once before an officer. This officer will decide whether they are to be shot.
On the orders of an officer with the powers of, at least, a Battalion Commander, collective drastic measures will be taken without delay against localities from which cunning or malicious attacks are made on the Armed Forces, if circumstances do not permit of a quick identification of individual offenders.
5. It is expressly forbidden to keep suspects in custody in order to hand them over to the courts after the reinstatement of civil courts.
6. The Commanders-in-Chief of the Army Groups may, by agreement with the competent Naval and Air Force Commanders, reintroduce military jurisdiction for civilians, in areas which are sufficiently pacified.
For the area of the Political Administration this order will be given by the Chief of the Supreme Command of the Armed Forces.
II. Treatment of offence committed against inhabitants by members of the Wehrmacht and its employees.
1. With regard to offences committed against enemy civilians by members of the Wehrmacht and its employees, prosecution is not obligatory, even where the act is at the same time a military crime or offence.
2. When judging such offences, it must be borne in mind, whatever the circumstances, that the collapse of Germany in 1918, the subsequent
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sufferings of the German people and the fight against National Socialism which cost the blood of innumerable supporters of the movement, were caused primarily by Bolshevik influence and that no German has forgotten this fact.
3. Therefore, the judicial authority will decide in such cases whether disciplinary action is indicated, or whether legal proceedings are necessary. In the case of offences against inhabitants it will order a court martial only if maintenance of discipline or security of the forces call for such a measure. This applies, for instance, to serious offences originating in lack of self-control in sexual matters, or in a criminal disposition, and to those offences which indicate that the troops are threatening to get out of hand. Offences which have resulted in senseless destruction of billets or supplies or other captured material, to the disadvantage of our forces, should as a rule be judged no less severely.
The order to institute proceedings requires in every single case the signature of the judicial authority.
Source:
http://www.nizkor.org/hweb/imt/tgmwc/tg ... 8-03.shtml
~Best regards,
Ovidius
