4000bce - 399
400 - 1399
1400 - 1499
1500 - 1599
1600 - 1699
1700 - 1799
1800 - 1899
1900 - 1999
Pursuant to Section 5 of the decree of the Fuehrer concerning the exercise of governmental authority in the Netherlands, of May 18, 1940 (RGBl. I, p. 778) I hereby order as follows:
(1) The Reich Commissioner for the occupied Netherlands territories may, if he shall deem it necessary for the maintenance or restoration of public order and security, establish administrative courts martial for these territories or for certain areas within these territories.
(2) The establishment of administrative courts martial shall become effective as soon as it is announced. Such announcement shall be made by posters along public roads, streets and squares, by radio, by the press, or according to local custom. The abolition of administrative courts martial shall be made public the same manner.
(3) Simultaneously with the establishment of administrative courts martial, shall be decreed that everyone shall refrain from all activities which might disturb or endanger public order and security, and that everyone must comply with special orders issued by the Reich Commissioner, in which he shall make particular reference to the strictness of the administrative courts martial. Any person acting contrary hereto shall be subject to the jurisdiction of the administrative courts martial.
Unless the Reich Commissioner shall order otherwise, the provisions of Sections 3 to 8 shall be effective for the areas in which administrative courts martial have been established, so long as these courts are maintained.
(1) The Higher S.S. and the Police Leader shall take all measures deemed necessary by him for the maintenance or restoration of public order and security.
(2) He may promulgate rules and regulations, having the force and effect of laws, which are necessary for the fulfillment of his functions. Notwithstanding the provisions of Section 7, such rules and regulations may contain penal clauses subjecting a defendant to fines of unlimited amount, imprisonment or jail. They shall be published in accordance with the provisions of Section 1, paragraph 2, sentence 2.
(3) In the fulfillment of his duties, the Higher S.S. and the Police Leader may deviate from existing law.
(1) The Reich Commissioner shall appoint a Special Agent for the entire area for which an administrative court martial has been decreed.
(2) The Special Agent shall be the head of the entire public administration, excluding the police administration, unless the Higher S.S. and the Police Leader assumes administrative tasks in accordance with Section 3, paragraph 1.
(3) The Special Agent shall promulgate rules and regulations necessary for the fulfillment of his functions. Notwithstanding the provisions contained in Section 7, they may contain penal clauses subjecting a defendant to fines of unlimited amount, imprisonment, or jail. They shall be published in accordance with the provisions of Section 1, paragraph 2, sentence 2.
(4) In the fulfillment of his duties, the Special Agent may deviate from existing law.
(5) The Reich Commissioner shall have the right to appoint Special Agents, even for certain parts of the area in which administrative courts martial have been established.
The activities of all public representative committees which made decisions as a body, shall be suspended. Their powers and duties shall be transferred to the chief administrative authority concerned with the subject matter (for example, commissioner of the province, major, overseer of dikes, etc).
The validity of regulations issued by the Secretaries General in the Netherlands Ministeries in accordance with Section 3, paragraph 2, sentence 2, of Order No. 3/1940, or by virtue of Order No. 23/1940, shall be dependent upon prior consent by the special Agent (Section 4).
Any person shall be subject to court martial who, after the establishment of an administrative court martial, shall intentionally participate in activities likely to disturb or to endanger public order and security, or who intentionally violates special orders of the Reich Commissioner issued in accordance with Section 1, paragraph 3. Such person shall be punishable by death or, in less serious cases, by hard labor either for life or for a period of not less than ten years.
(1) The German Superior Court shall operate as a court martial in accordance with the procedure established in the Old Reich for proceedings before Special Courts.
(2) The provisions regarding judicial procedure for the German Armed Forces and the jurisdiction of Special Courts in criminal cases concerning members of the S.S. and of the police forces assigned to special duty, shall not be affected by this order; Section 11 of Order No. 52/1940, regarding the possibility of referring certain criminal cases to the jurisdiction of Special Courts, shall likewise remain unaffected.
(3) The judges of the court martial shall be appointed by the Reich Commissioner. The Court Martial shall be considered lawfully constituted even if only one judge has the educational qualifications required for judicial tenure.
(4) Death sentences shall be executed by shooting.
This order becomes effective on the day of publication.The Hague, March 19, 1941
Nazi Conspiracy and Aggression Volume IV
Office of the United States Chief Counsel for Prosecution of Axis Criminality
Washington, DC : United States Government Printing Office, 1946