“After verbal distribution to subordinate sections the above authorities must hand this order over to the next highest section which is responsible for its confiscation and destruction.
“(s) Wagner” (C-179).
“Note for Distribution:
“These instructions are not to be distributed over and above the battalions and corresponding staffs of the other services. After notification, those copies distributed over and above the Regimental and corresponding staffs of the other services must be withdrawn and destroyed.” (C-179)
On 11 February 1943, just twelve days after Doenitz had become Commander-in-Chief of the German Navy, the Naval War Staff promulgated a further memorandum on this subject in order to clear up certain misunderstandings as to the scope of the basic order of 18 October 1942 (C-178). It was stated in this subsequent memorandum that all commanders and officers who neglected their duty in failing to instruct their units concerning the order would run the risk of serious court martial penalties:
“From the notice given by 3/SKL [Naval War Staff] on February 1st 43, it has been discovered that the competent departments of the General Staff of the Army, as well as those of the Air Force Operations Staff have a wrong conception regarding the treatment of saboteurs. A telephone inquiry at 3/SKL proved that this Naval authority was not correctly informed either. In view of this situation, reference is made to figure 6 of the Fuehrer order of October 18, 42 (Appendix to Volume No. 1 SKL 1 Ops 26 367/42 Top Secret of October 28, 42) according to which all commanders and officers, who have neglected their duty in instructing their units about the order referring to treatment of saboteurs, are threatened with punishment by court martial.
“The first Fuehrer order concerning this matter of October 18, 42 (Appendix to Volume No. 1 SKL 1 Ops 2108/42 Top Secret of October 27, 42) was given the protection of Top Secret merely because it is stated therein:
“1. That, according to the Fuehrer’s views the spreading of military sabotage organizations in the East and West may have portentous consequences for our whole conduct of the war and
“2. That the shooting of uniformed prisoners acting on military orders must be carried out even after they have surrendered voluntarily and asked for pardon.