Passing over to Page 3 of this document, at the very end we find a similar admonition in the notice for distribution, at the very end of the document; I read:
“These instructions are not to be distributed over and above the battalions and the 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those copies distributed over and above the regimental and corresponding staffs of the other services must be withdrawn and destroyed.”
The next document, Your Lordship, is C-178, which becomes Exhibit USA-544. This document is dated 11 February 1943, which was 12 days after the Defendant Dönitz had become Commander-in-Chief of the German Navy. On that day, this memorandum was circulated within the naval war staff in order to clear up certain misunderstandings as to the scope of the basic order of 18 October 1942. This document, of which I will read the first four paragraphs, indicates why the earlier order had been treated as such a secret matter and also directs that all naval commanders and officers who failed to carry out the order, or to instruct their units concerning the order, would run the risk of serious court-martial penalties. I’ll read the first four paragraphs only:
“From the notice given by the 3rd Section of the Naval Operations Staff on 1 February 1943 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 the 3rd Section of the Operations Staff proved that this naval authority was not correctly informed either.
“In view of this situation, reference is made to Paragraph 6 of the Führer Order of 18 October 1942”—and then a cross-reference—“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 Führer order concerning this matter of 18 October 1942 was given the protection of top secret merely because it stated therein (1) that according to the Führer’s views, the spreading of military sabotage organizations in the East and West may have tremendous 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.
“On the other hand, the annihilation of sabotage units in battle is not at all to be kept secret; but on the contrary, to be currently published in the OKW reports. The purpose of these measures to act as a deterrent will not be achieved if those taking part in enemy commando operations would not learn that certain death and not safe imprisonment awaits them. As the saboteurs are to be annihilated immediately, unless their statements are first needed for military reasons, it is necessary that not only all members of the Armed Forces must receive instructions that these types of saboteurs, even if they are in uniform, are to be annihilated but also all departments of the home staff, dealing with this kind of questions, must be informed of the course of action which has been ordered.”