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Denazification Law and Procedure

Published online by Cambridge University Press:  20 April 2017

Elmer Plischke
Elmer Plischke*
Affiliation:
Social Science Division, DePauw University
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Extract

Denazification has uniformly been accepted as one of the primary responsibilities of American Military Government in Germany under both United States and quadripartite general occupation policy statements. The United States has assumed preponderant responsibility for leadership in promoting and developing the Denazification program in Germany, first through the establishment of a comprehensive program in the American Zone and later by inducing the other Occupying Powers to accept much if not most of this program in quadripartite regulations approved by the Control Council at Berlin.

Type
Research Article
Information
American Journal of International Law , Volume 41 , Issue 4 , October 1947 , pp. 807 - 827
Copyright
Copyright © American Society of International Law 1947

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References

1 For final version of “JCS 1067,” see “Directive to Commander in Chief of U. S. Forces of Occupation Regarding the Military Government of Germany,” April, 1945 (released Oct. 17, 1945), in The Axis in Defeat—A Collection of Documents on American Policy Toward Germany and Japan, Department of State Publication 2423 (1945), with “Denazification” provided for in Part I, par. 6, pp. 44-46; earlier versions of this document were somewhat more severe in their treatment of Denazification.

2 For analysis of origin and early development of American Denazification plans, see Harold Zink, “American Denazification Program in Germany,” Journal of Central European Affairs, October, 1946. For a statement of Denazification policy together with a brief evaluation of the program in the American Zone, see Elmer Plischke, “Denazifying the Reich,” Review of Politics, April, 1947. For an analysis of “American Military Government Organization in Germany,” by Prof. Harold Zink, see Journal of Politics, August, 1946, pp. 329-349.

3 This task was undertaken by the author, and the result was issued on April 26, 1945.

4 Excerpts, Axis in Defeat, p. 6 ff.

5 Hereinafter referred to as Potsdam Agreement; excerpts in same, p. 10 ff.

6 Part III, Sec. A, par. 3, iii, in same, p. 12.

7 A number of Military Government Ordinances and Laws, together with Proclamation No. 1 on the “Establishment of Military Government,” were compiled and issued in printed form at the date of initial occupation of Germany, Sept. 18, 1944. This was issued as the Military Government Gazette—Germany by the Sixth Army Group Area of Control, hereinafter referred to as M. G. Gazette. Various amendments and additional Ordinances and Laws were promulgated by Military Government headquarters from time to time. These Laws and Ordinances were posted and given wide circulation in every occupied German community as it was taken over by our troops, and violators were subject to arrest and conviction by Military Courts.

8 “Military Government Law No. 5,” M. G. Gazette, pp. 18-20.

9 “Control Council Laws” apply throughout the four Occupation Zones of Germany, whereas U. S. “Military Government Laws” apply in the U. S. Zone alone.

10 “Control Council Law No. 2,” Enclosure 2 to USFET directive on “Administration of Military Government in U. S. Zone in Germany,” Oct. 20, 1945.

11 “ Military Government of Germany, Monthly Report of the Military Governor, U. S. Zone, No. 14, Sept. 20, 1946, pp. 1, 28; hereinafter referred to as M. G. of Germany, Monthly Report. Each month such general reports are issued, plus a series of special reports.

12 M. G. of Germany, special report on Legal and Judicial Affairs (Cumulative Review), No. 14, Sept. 20, 1946, p. 4.

13 M. G. of Germany, Special Report on German Labor Front, No. 3, Oct. 20, 1945, p. 16.

14 Potsdam Agreement, Part III, See. A, par. 4, p. 12.

15 “Control Council Law No. 1,” Enclosure 1 to USFET directive on “Administration of Military Government in U. S. Zone in Germany,” Oct. 20, 1945.

16 “Military Government Law No. 1,” M. G. Gazette, pp. 11-12.

17 For summary of achievements, see M. G. of Germany, Legal and Judicial Affairs, monthly special reports, and especially Cumulative Review, No. 14.

18 M. G. of Germany, Monthly Report, No. 7, Feb. 20, 1946, pp. 1, 6, 28.

19 Potsdam Agreement, Part III, Sec. A, par. 5, p. 12.

20 M. G. of Germany, Denazification and Public Safety, No. 7, Feb. 20, 1946, p. 3.

21 Same, Denazification, No. 2, Sept. 20, 1945, p. 3.

22 Same, Denazification, early reports.

23 Same, No. 1, Aug. 20, 1945, p. 2.

24 Associated Press Report, Milwaukee Journal, Feb. 28, 1946.

25 Art. 10, “Charter of the International Military Tribunal,” Trial of War Criminals, Department of State Publication 2420 (1945), p. 17.

26 M. G. of Germany, Denazification and Public Safety, No. 7, Feb. 20, 1946, p. 3.

27 See Zink, “American Denazification Program in Germany.”

28 Discussion of this subject is continued below, see p. 823 ff.

29 Potsdam Agreement, Part III, Sec. A, par. 6.

30 USFET directive on “Administration of Military Government in the U. S. Zone in Germany,” July 7, 1945, Sec. II on “Removal of Nazis and Militarists,” Part I, par. 2; this special directive on Denazification also was issued separately by USFET on 29 June 1945. For direct quotations from “JCS 1067” see Part I, par. 6c.

31 Directive on “Removal of Nazis and Militarists,” Part I, par. 3a; also quoted from ‘JOS 1067,” Part I, par. 6c.

32 See p. 823 ff.

33 zink, “American Denazification Program in Germany.”

34 M. G. of Germany, Denazification, No. 1, Aug. 20, 1945, p. 3.

35 Issued as Annex H to USFET directive on “Administration of Military Governine: in the U. S. Zone in Germany,” 26 Sept. 1945, and reissued as Enclosure 1 to implementing instructions, same title, Oct. 6, 1945.

36 M. G. of Germany, Denazification, No. 6, Jan. 20, 1946, pp. 4-6.

37 Same, p. 5.

38 Potsdam Agreement, Part III, Sec. A, par. 6.

39 M. G. of Germany, Denazification, No. 1, pp. 3-4; same, No. 4, Nov. 20, 1945, p. 2.

40 M. G. Gazette, pp. 24-27.

41 Art. II.

42 M. G. of Germany, Special Report on German Labor Front, in general.

43 See especially Art. 1, M. G. Gazette.

44 Part III, Sec. A, par. 3 (iii).

45 Referred to in M. G. of Germany, Legal and Judicial Affairs (Cumulative Review), No. 14, Sept. 20, 1946, p. 22.

46 M. G. of Germany, Monthly Report, No. 1, Aug. 20, 1945, p. 3 ; same, No. 2, Sept, 20, 1945, p. 4; same, Denazification, No. 1, op. cit., p. 4; same, Information Control (Cumulative Review), No. 13, Aug. 20, 1946, p. 1. Detailed accounts are to be found in the various special monthly reports on Information Control.

47 Coördinating Committee, “Report on Confiscation of Literature and Other Evidence of a Nazi or Militarist Character in Private Libraries,” June, 1946, M. G. of Germany, Monthly Report, No. 12, July 20, 1946, p. 21.

48 Same, No. 14, pp. 1, 28.

49 Part III, Sec. A, par. 7.

50 M. G. of Germany, Denazification, No. 3, Oct. 20, 1945, pp. 4-5.

51 Same, Monthly Report, No. 7.

52 Same, No. 12, p. 20.

53 Same, Denazification, No. 2, p. 4. More detailed information is to be in the special reports on Education and Religious Affairs.

54 Same, Denazification, No. 3, p. 5.

55 “Military Government Law No. 154,” Annex E to USFET directive, “Administration of Military Government in the U. S. Zone in Germany”; Annex E is part of a supplement issued July 18, 1945. For Control Council statement, see M. G. of Germany, Monthly Report, No. 3, Oct. 20, 1945, p. 24.

56 M. G. of Germany, Denazification, No. 3, p. 1.

57 Same, Legal and Judicial Affairs (Cumulative Review), No. 14, p. 21.

58 USFET directive, “Denazification and Demilitarization of German Street Names and Memorials,” July 23, 1945.

59 M. G. of Germany, Monthly Report, No. 13, Aug. 20, 1946, p. 20.

60 OMGTJS Public Relations Service press release, “Program for Denazification,” 18 Jan. 1946; and M. G. of Germany, Denazification and Public Safety, No. 6, Jan. 20, 1946, p. 1.

61 For a brief analysis of this law, see same, No. 8, March 20, 1946, pp. 1-4.

62 Arts. 4-13.

63 Arts. 14r-22, same, pp. 8-12.

64 M. G. of Germany, Monthly Report, No. 12.

65 Same, No. 13, p. 1.

66 Barry Bingham, Editor of Louisville Courier Journal, in article on “Screening Out the Nazis is a Tedious Business,” Nov., 1946, and letter to the author.

67 Judy Barden, in NANA despatch, Indianapolis Star, Oct. 30, 1946, reports that only 1 percent of the Denazification cases had been settled in Bavaria, and that at the present rate of progress it will take 72 years, or until A.D. 2018, to complete the task.

68 M. G. of Germany, Denazification and Public Safety, No. 25, 1 June-31 July 1947, p. 1 ; and same, Statistical Annex, No. 25, 1-31 July 1947, p. 89.

69 New York Times, Sept. 18, 1947.