“4. If individual members of such commandos, such as agents, saboteurs, et cetera, fall into the hands of the Armed Forces by some other means, through the police in occupied territories, for instance, they are to be handed over immediately to the SD. Any imprisonment under military guard, in PW stockades, for instance, et cetera, is strictly prohibited, even if this is only intended for a short time.
“5. This order does not apply to the treatment of any soldiers who, in the course of normal hostilities, large-scale offensive actions, landing operations, and airborne operations, are captured in open battle or give themselves up. Nor does this order apply to enemy soldiers falling into our hands after battles at sea, or to enemy soldiers trying to save their lives by parachute after air battles.
“6. I will hold responsible under military law, for failing to carry out this order, all commanders and officers who either have neglected their duty of instructing the troops about this order, or acted against this order when it was to be executed.”
It is signed Adolf Hitler, and the Tribunal will note that this order was issued by OKW in 12 copies, and the distribution shown on the second page included the three Supreme Commands, Army, Sea, and Air, and the principal field commands.
Now, the same day Hitler issued a supplementary order, that is, Document 503-PS, which will be Exhibit USA-542. This was issued for the purpose of explaining the reasons why the basic order was issued. In this explanation, Hitler gave a rather different set of reasons for the issuance of the order and pointed out that Allied commando operations had been extraordinarily successful in the destruction of rear communications, intimidating laborers, and destroying important war plants in occupied areas. This is the other basic document; and while I need not read it in full, I would like to read substantial excerpts, starting with the first paragraph at the top of the page:
“Added to the decree concerning the destruction of terror and sabotage troops”—then in parentheses was a cross reference to the order which I have just read—“a supplementary order of the Führer is enclosed.