Control Council Proclamation

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Control Council proclamations were legislative acts of the Allied Control Council immediately after the end of the Second World War with validity for the four zones of occupation to overcome National Socialism and militarism throughout Germany .

The Control Council also enacted 62 Control Council laws and various Control Council orders .

Proclamation No. 1

With the Berlin Declaration of June 5, 1945, the four victorious powers (governments of the United States of America, the Union of Soviet Socialist Republics, the United Kingdom and the Provisional Government of the French Republic) assumed supreme governmental power over Germany. By virtue of this supreme governmental power, with Proclamation No. 1 of August 30, 1945, the victorious powers established the Allied Control Council as "supreme power in matters that concern Germany as a whole". The regulations that the commanders-in-chief had already issued for their zones of occupation remained in force in the zones of occupation concerned.

The Proclamation No. 1 was signed by the American General Dwight D. Eisenhower , the British Lieutenant General Brian Hubert Robertson , the French Army Corps General Louis Koeltz and the Marshal of the Soviet Union Georgi Konstantinowitsch Zhukow and published in the Official Gazette of the Control Council in Germany No. 1 of 29 October 1945 proclaimed in English, French and Russian as official languages ​​with equal rights. A German translation has only been included for convenience.

The French Republic, the United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics and the United States ended with Article 7 of the Treaty on the Final Settlement of Germany of September 12, 1990, which came into force under international law on March 15, 1991 of America their rights and responsibilities in relation to Berlin and Germany as a whole.

Proclamation No. 2

The Control Council Proclamation No. 2 of September 20, 1945 formulates additional demands made on Germany, which arose from the complete defeat and unconditional surrender of Germany, going beyond the declaration in view of the defeat of Germany and the assumption of the supreme "governmental power over Germany" .

This included complete demobilization and demilitarization, including the obligation to make all research, experiments, elaborations and designs directly or indirectly related to war or the production of war material available to the Allied representatives, as well as measures to dismantle and ensure the required Reparations such as the handing over of gold and silver , all transport material, all stocks, equipment, machinery, factories, plants, facilities and all property in general which were subject to delivery or delivery according to the declaration or any proclamations, orders, ordinances or instructions issued under it as well as labor. The Soviet secret operation Aktion Ossawakim resulted in a British protest in the Allied Control Council .

For the purpose of denazification , the German authorities had to provide all information and hand over documents as well as ensure the presence of all witnesses required by the Allied representatives for legal proceedings against persons designated as chief leaders of the National Socialists and all persons who were required to inspect, order and support War crimes and similar crimes and were identified by the Allied representatives by name, rank, position or position. The German authorities also had to follow all instructions issued by the Allied representatives for the abolition of Nazi legislation and for the reorganization of German law, judicial, administrative, police and educational systems, including the replacement of the relevant personnel .

Proclamation No. 3

With the Control Council Proclamation No. 3 of October 20, 1945 on principles for the restructuring of the administration of justice, the terrorist system of the Nazi courts was also to be abolished with the elimination of Hitler's tyranny. It should be replaced by an administration of justice based on the achievements of democracy, civilization and justice. The People's Court , the Party and Special Courts were repealed and their restoration prohibited. Ordinary German courts exercised the legal consequence in Germany in accordance with this proclamation. The Control Council Act No. 4 of October 20, 1945 contained more detailed provisions.

Individual evidence

  1. ^ Proclamation No. 1 of the Allied Control Council. Establishment of the Control Council from August 30, 1945
  2. ^ Official Journal of the Control Council in Germany No. 1, October 29, 1945 p. 3
  3. ^ Official Journal of the Control Council in Germany No. 1, October 29, 1945 p. 8 ff.
  4. Prisoners of War as Slaves Die Zeit , March 24, 1949
  5. ^ Senate of Berlin (ed.): Berlin. Assertion of freedom and self-government 1946–1948 . Spitzig, Berlin 1959, p. 61.
  6. Official Journal of the Control Council in Germany No. 1, October 29, 1945 p. 22 ff.