I do see your point, my dear Mr. Rising Sun. However, I think that certain additional elucidations will be able to clear this fairly knotty legal issue. Therefore, allow me to draw your attention to the following essentials.
First of all, previously mentioned order, issued by Adolf Hitler as the Führer and Chancellor of the Reich in August of 1938 represented an example of the so called Führererlass – kind of a executive order, or edict, provided by officially elected omnipotent Head-of-State and Commander-in-Chief of the armed forces, which has the force of law even without confirmation of the national legislature. For that reason, as well as due to its subsequent legal consequences regarding factual deployment of the Waffen SS, it was much, much more then a slippery political statement.
Although Hitler was under an obvious political necessity to prove to the Army that the SS would not challenge it’s right to be the state’s armed protector, the entire Waffen SS actually was integrated into the German army. As directly stated by renowned SS Gruppenführer Paul “Papa” Hausser, who was the first head of the Inspectorate of the SS Verfügungstruppe in Nuremberg… “all divisions of the Waffen SS were incorporated into the Army and fought under the command and, in the final analysis, under the responsibility of the army. I personally, in the five and a half years of the war, received orders only from the armed forces offices and agencies.”
Original statement is available here:
http://www.nizkor.org/hweb/imt/tgmwc/tgmwc-20/tgmwc-20-195-09.shtml
On the other hand, highly intriguing legal validity represents the fact that members of the Waffen SS were paid directly - in accordance to their rank and years of duty - by the payment section of the German Army, that is, from the official, state-approved budget of the Wehrmacht. As far as I know members of the non-governmental organizations are never paid in such a manner.