TRANSLATION OFDOCUMENT 886-PS Source: Nazi Conspiracy and Aggression, Vol. III. USGPO, Washington, 1946, p.637-639Fuehrer Decree, 13 May 1941, on Regulation of Conduct of Troops in District "Barbarossa" and Handling of Opposition. SECRET The Fuehrer and Supreme Commander of the Armed Forces Enclosure to 32/ 41 g. Kdos.Chefs. WR. 1st copy. Fuehrer headquarters, 13 May 1941 [Initialed] "J 10/ 5" TOP SECRET Decree for the conduct of courts-martial in the district "BARBAROSSA" and for special measures of the troop [written in ink] The armed forces court-martial serves primarily the purpose of maintaining discipline. The
great expanse of the Eastern theatre of operations, the kind of warfare
necessitated on that account, and the peculiarity of the opponent
present tasks to the armed forces courts-martial which they can
accomplish during the course of the war and until the first
pacification of the conquered territory-being short staffed-only if the
court-martial is limited to its main task. This is only possible if the troop itself defends itself ruthlessly against any threat by the enemy civil population. Accordingly,
the following is decreed for the territory "Barbarossa" (theater of
operation, rear army area and area of the political administration): Treatment of punishable offenses of enemy civilians 1.
Punishable offenses committed by enemy civilians do not, until further
notice, come any more under the jurisdiction of the courts-martial and
the summary courts-martial. 2. Guerillas are to be killed ruthlessly by the troops in battle or during pursuit. 3.
Also all other attacks of enemy civilians against the Wehrmacht, its
members and employees are to be fought by the troops at the place of
the attack with the most extreme means until annihilation of the
attacker. 4. In cases where measures of this kind were neglected
or not immediately possible, elements suspected of offense will be
brought at once before an officer. He decides whether they are to be
shot. Against villages from which the Wehrmacht was insidiously
and maliciously attacked, collective punitive measures by force will be
carried out immediately under command of an officer with the rank of at
least a battalion commander, if the circumstances do not permit an
immediate identification of individual perpetrators. 5. It is
expressly prohibited to hold suspected perpetrators in order to
transfer them to the courts upon reinstitution of their jurisdiction
over civilians. 6. The commanders in chief of the army groups
can, in conjunction with the competent commanders of the air force and
the navy, restore the Wehrmacht jurisdiction over civilians in
districts which are sufficiently pacified. For the area of the
political administration this decree is issued through the chief of the
high command of the Wehrmacht [marginal ink correction inked out: C-n-C
of army in agreement with C-i-C of other branches.] II Treatment of punishable offenses of members of the Wehrmacht and its employees against the native population 1. For
offenses committed by members of the Wehrmacht and its employees
against enemy civilians, prosecution is not compulsory, not even if the
offense is at the same time a military crime or violation. 2.
While judging offenses of this kind, it should be considered in every
case, that the breakdown in 1918, the time of suffering of the German
people after that, and the numerous blood sacrifices of the movement in
the battle against national socialism were decidedly due to the
Bolshevist influence, and that no German has forgotten this. 3.
The judge examines therefore whether in such cases disciplinary action
is justified or whether it is necessary to take legal steps. The judge
orders the prosecution of offenses against civilians through
court-martial only if it is considered necessary for the maintenance of
discipline or the security of the troops. This applies, for instance,
to cases of serious offenses which are based on sexual acts without
restraint, which derive from a criminal tendency, or which are a sign
that the troop threatens to mutiny. The punishable offenses of
destroying senselessly quarters as well as supplies or other captured
goods to the disadvantage of the own troop should, as a rule, be judged
as more leniently. The order of the inquiry proceedings requires in every individual case the signature of the judge. Extreme care must be'exercised when judging the authenticity of the statements of enemy civilians. II Responsibility of the troop commanders The troop commanders are, within the sphere of their competence, personally responsible for the following : 1. that all officers of the units subordinated to them are very thoroughly and promptly instructed about the fundamentals of I, 2. that their legal advisors be promptly informed about these instructions and about
the verbal statements with which the po-litical intentions of the
leadership had been explained to the commanders-in-chief, 3. that only such sentences will be confirmed which are in accord with the political intentions of the leadership. IV Protection of secret After end of camouflage the decree is to be considered only as secret. For the chief of the high command of the Wehrmacht- Signed : KEITEL Note [in pencil] : This should, if possible, not be passed on 1 June 41. Certified |