7 Jan. 46
"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 themselves take ruthless
action 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 offenses 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. Guerillas 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 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.