7 Jan. 46
"II. Treatment of offenses committed
against inhabitants by members of the Armed Forces and its employees.
"l. With. regard to offenses committed against enemy civilians
by members of the Wehrmacht and its employees prosecution is not
obligatory, even where the deed is at the same time a military crime
or offense.
"2. When judging such offenses, it must be borne in mind,
whatever the circumstances, that the collapse of Germany in 1918, the
subsequent 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 Bolshevistic influence and that
no German has forgotten this fact.
"3. Therefore, the judicial authority will decide in such cases
whether a disciplinary penalty is indicated, or whether legal
proceedings are necessary. In the case of offenses 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 offenses originating in lark of self-control in
sexual matters or in a criminal disposition and to those which
indicate that the troops are threatening to get out of hand. Offenses
which have resulted in senseless destruction of billets or stores 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. "
4. Extreme caution is indicated in assessing the credibility of
statements made by enemy civilians.
"III. Responsibility of military commanders of the troops.
Within their sphere of competence military commanders are personally
responsible for seeing that:
"1. Every commissioned officer of the units under their command
is instructed promptly and in the most emphatic manner on principles
set out under I, above.
"2. Their legal advisers are notified promptly of these
instructions and of verbal information in which the political
intentions of the High Command were explained to the
commanders-in-chief.
"3. Only those court sentences are confirmed which are in
accordance with the political intentions of the High Command.
"IV. Security. Once the camouflage is lifted, this decree will
be treated as 'most secret.' "