The Legal Status of Germany: Occupation

From Wikipedia, the free encyclopedia

The legal status of Germany concerns the issue of the downfall or continuation of the German nation state, i.e., the German Reich of the 1871 unification, after the militaryoccupation of Nazi Germany by the Allied forces in 1945. It became current once again when the German Democratic Republic (East Germany) joined the Federal Republic of Germany (West Germany) in 1990.

Overview[edit]

After World War II, determination of legal status was relevant, for instance, to resolve the issue of whether the West German Federal Republic would be the successor state of the German Reich—with all at the time uncodified implications of state succession, such as the continuation of treaties—or if, according to international law, it would be identical with the German Reich. Further, determination of authority, for instance to assert or deny territorial claims, especially with respect to the former eastern territories, was dependent upon this determination of legal status.

A related question was whether the creation of the Basic Law for the Federal Republic of Germany (Grundgesetz) required merely the consent of each and every federal state(Bundesland), or whether constituent power (pouvoir constituant) lay with the entirety of the German people as it was spread across the German states.[citation needed]

It is common ground that no effective national government of any sort existed in Germany in May 1945 following the surrender of the German High Command; and that all national military and civil authority and powers were thereon exercised by the four Allied Powers. The Allies then maintained that as the former German Reich no longer existed in fact; so, as the ‘highest authority’ for Germany, they could impose whatever measures on the German people within German national territory as any government could legally do on its own people – including validly ceding parts of that territory and people to another country. They argued furthermore that international conventions constraining occupying powers in wartime from enforcing fundamental changes of governmental system, economic system or social institutions within the territory under their control – the Hague Regulations of Land Warfare and the Geneva Conventions – did not apply; and could not apply, as the termination of Nazi Germany and the total Denazification of German institutions and legal structures had been agreed by the Allied Powers as absolute moral imperatives.[1] From the 1950s onwards however, a school of German legal scholars developed the alternative view that the Allies had only taken custody of German sovereignty while the former German state had been rendered powerless to act; and that consequently, when a fully constituted German government should eventually come into being, it would resume the identity and legal status of the former German Reich. [2]

Surrender of the Wehrmacht[edit]

Generalfeldmarschall Wilhelm Keitelsigning the instrument of Surrender in Berlin.

After the Machtergreifung of the Nazi Party in 1933, state power had been personified more and more within Reich Chancellor(Reichskanzler) Adolf Hitler, who upon the death of Reich President Paul von Hindenburg on 2 August 1934 simultaneously served ashead of government and as head of state (styled Führer and Reichskanzler).[3] Furthermore, by the final months of the war, governmental functions at all level within Nazi Germany had been assimilated into the apparatus of the Nazi Party.[4] Following Hitler’s suicide on April 30, 1945, the successor regime appointed in his political testament resigned during the cabinet’s May 2 session. Grand Admiral Karl Dönitz, appointed Reich President in Hitler’s testament, gave the task of forming a pollitical administration to Leading Minister Lutz Graf Schwerin von Krosigk; however, the consequent Flensburg Government did not possess any de facto central governmental authority within Germany, nor was it recognised by any Axis, Allied or neutral government.

These incidents preceded the unconditional surrender of the German armed forces (Wehrmacht), signed by representatives of the High Command (Oberkommando der Wehrmacht) on May 8 in Berlin-Karlshorst; from which, as it was a purely military capitulation, no direct consequences for the legal status of the German Reich arose.[5] Nevertheless, as all central authority and power within Germany had already been extinguished de facto at the death of Adolf Hitler and as the perpetuation of Nazism in any form could not be countenanced, the surrender of all remaining military authority confirmed for the Allied Powers the total extinction of the former German state. “The unconditional surrender of Germany has thereby been effected…”.[6] Subsequent historians have treated 8 May 1945 as the date on which Nazi Germany ceased to exist. [7]

Since April 31, the US State Department had been actively pressurising all neutral countries that had retained diplomatic relations with Germany to prepare to close down German embassies and hand over their archives and records to the embassies of the Western Allies; and some had done so even before May 8. However, as the military capitulation of the German High Command was taken as constituting the extinction of the German state and the assumption of all state authority by the Allied Powers, all embassies remaining in neutral countries were immediately ordered by the Western Allies to be closed down, their diplomatic staff recalled and their records taken over into one or another Allied embassy.[2]Those neutral countries that had been nominated as Protecting powers in respect of Germany and the Allies under the Geneva Conventions were notified that this function had now been terminated, and were requested by the State Department to hand all embassy records and German state property in their trust over to the western Allies. All the Protecting powers complied fully with the Allied demands, formally breaking off diplomatic relations; consequently the German state ceased as a diplomatic entity on 8 May 1945.

On May 23, the Allies closed down the Flensburg administration and arrested its members. This formalised a legal vacuum that was only filled on June 5, when the commanders-in-chief of the four Allied Powers announced, in the Berlin Declaration, the assumption of “supreme authority” in Germany: the Allied forces not only took control of government, but also now assumed all the powers and legal authority of the German state as a whole. It was explicitly stated that this would not effect the annexation of Germany, although the four Powers asserted their authority, as the sole repository of German state power, to determine the future boundaries of German territory:

“There is no central Government or authority in Germany capable of accepting responsibility for the maintenance of order, the administration of the country and compliance with the requirements of the victorious Powers. The unconditional surrender of Germany has thereby been effected, and Germany has become subject to such requirements as may now or hereafter be imposed upon her.”

[…]

“The Governments of the United States of America, the Union of Soviet Socialist Republics and the United Kingdom, and the Provisional Government of the French Republic, hereby assume supreme authority with respect to Germany, including all the powers possessed by the German Government, the High Command and any state, municipal, or local government or authority. The assumption, for the purposes stated above, of the said authority and powers does not effect the annexation of Germany.[8]

The Governments of the United States of America, the Union of Soviet Socialist Republics and the United Kingdom, and the Provisional Government of the French Republic, will hereafter determine the boundaries of Germany or any part thereof and the status of Germany or of any area at present being part of German territory.”

Occupied Germany within 1937 borders

State authority was from then on carried out by the Allied Control Council until its de facto dissolution in 1948. International legitimationresulted from Allied occupational supremacy. By virtue of the legitimacy asserted in the Berlin Declaration, the Allied Powers at thePotsdam Conference assigned the eastern territories of the German Reich within the boundaries of December 31 1937, to Polish andSoviet administration. The remaining German territory was divided into four occupational zones, which along with the joint occupational zone of the capital Berlin were subject to the administration of an Allied Command (Alliierte Kommandantur), which in turn was subordinate to the Allied Control Council.

“For occupational purposes, Germany will be divided into three zones, within her borders of December 31st 1937, to each of which one of the three powers will be assigned, as well as a special zone for Berlin, which is governed by the joint occupation of the three powers” (London Protocol of December 12th, 1944; extension to France did not take place until the Yalta Conference in February 1945.)

Meanwhile, grassroots reconstruction of German public administration commenced. Municipal administrations (Gemeinden) had continued operating almost uninterrupted, and by 1946 local elections took place in all occupational zones. Germany’s federal states located within the occupational zones of the western allies were once again assigned state governments between May 1945 and July 1947. In addition, state assemblies bearing constitutional authority were elected, and from 1946 onward, state constitutions became effective, in most cases following referendums.[9]

West and East Germany[edit]

After the Allied state-building attempts to implement an all-German administration had foundered on factionalism, the Western Allies resolved upon the foundation of a West Germanfederation. This was established on 23 May 1949 with the promulgation of the Basic Law as it had been adopted by the Parliamentary Council and approved by the Western occupation forces. The Federal Republic created by the Basic Law was empowered to act upon the federal election held on August 14, the constitutive meeting of the Bundestagparliament on September 7, the investiture of the first Federal President, Theodor Heuss on September 13, the appointment of Konrad Adenauer as the first Federal Chancellor on September 15 and the accession of the Federal Cabinet on September 20, 1949. In turn the Soviet Military Administration on October 7 implemented the People’s Chamber(Volkskammer) parliament in the Soviet occupation zone and East Berlin, which passed the Constitution of East Germany, officially named “German Democratic Republic” (GDR). The Council of Ministers of the GDR assumed office on October 12, 1949.

On April 10, 1949, the Western Allies had drawn up the occupation statute and had it conveyed to the Parliamentary Council. Officially announced on May 12, it reserved a number of sovereign rights, such as foreign policy and external trade, to the Allied authoritites. Any amendment to the West German Constitution was subject to Allied permission, specific laws could be rejected, and the military governors could take over all governmental power in times of crisis. Those reservations were to be executed by the Allied High Commissionestablished on June 20 as the supreme state power. On November 22, 1949, Chancellor Konrad Adenauer signed the Petersberg Agreement, under which it was recognized that thesovereignty of West Germany remained limited. The Agreement, however, extended the rights of the German Government vis-à-vis the powers provided for in the original version of the Occupation Statute.

State of war[edit]

Cessation of hostilities between the United States and Germany had been proclaimed on 13 December 1946 by United States President Harry S.Truman.[10] However the end of the state of war with Germany was not confirmed by the U.S. Congress until 19 October 1951, after a request by President Truman on 9 July. Thus German civilians were legally still considered enemy nationals for a long period. This state of affairs had some peculiar results: for instance marriages between white U.S. soldiers and white German women were not permitted until December 1946.[11] (The U.S. army at the time still prohibited interracial marriages, so black soldiers had to wait until 1948.) In January 1946 the Swedish Red Cross was permitted to send food to Germany, but earlier attempts by relief agencies to send food had been blocked by the US Treasury Department under the Trading with the Enemy Act 1917, and U.S. troops had been under orders not to share their food rations with German civilians.[12]

In the Petersberg Agreement of November 22, 1949, it was noted that the West German government wanted an end to the state of war, but the request could not be granted. The U.S. state of war with Germany was maintained for legal reasons, and though it was softened somewhat, it was not suspended since “the U.S. wants to retain a legal basis for keeping a U.S. force in Western Germany”.[13] At a meeting of the Foreign Ministers of France, the United Kingdom, and the United States in New York from September 12 to December 19, 1950, it was stated, among other measures to strengthen West Germany‘s position in the Cold War, that the western allies would “end by legislation the state of war with Germany”.[14] During 1951, many former Western Allies did end their state of war with Germany: Australia (9 July), Canada, Italy, New Zealand, The Netherlands (26 July), South Africa, and the United Kingdom (9 July)[15][16][17][18][19][20] The state of war between Germany and the Soviet Union was ended in early 1955.[21] Sovereignty of the Federal Republic of Germany was granted on May 5, 1955, by the formal end of the military occupation of its territory. Special rights were however maintained, e.g. vis-à-vis West Berlin.

Under the terms of the 1990 Treaty on the Final Settlement with Respect to Germany, the Four Powers renounced all rights they formerly held in Germany, including Berlin. As a result, Germany became fully sovereign on March 15, 1991. After Germany joined the United Nations, there had been disagreement as to whether articles 53[22] and 107[23] of theUN Charter, which named Germany as an “enemy state”, still applied, but these articles became irrelevant when the Four Powers renounced their special rights in the 1990 treaty,[24]and they were formally recognized as obsolete by a UN General Assembly resolution[25] in 1995.[26]

———————————————————————————————————————

World War II Never Ended for Germany – It remains occupied to this day 

As I stated in the Part 1, the Allies liquidated the legitimate government of the Reich, arrested the leaders, took over, divided, occupied and plundered Germany. They stole all remaining assets, and our culture, and then imposed their own, both in the FRG and GDR.   In the West,  SHAEF erected a bogus state (a legal fiction). They wrote and imposed the “Basic Law” (not a constitution), and in spite of the so-called “reunification” in 1990, that law remains in effect today, as an entirely foreign construct. There is no “Made in Germany” constitution. That means …. Germany is still an occupied and foreign controlled country!

The present FRG government is a FRAUD, because it was NOT created by and for the German people, and has NO constitution!

Obama - Germany is an Occupied Country

Excerpt from an article by Chris Bollyn on the BRD Swindel:

From Rense.com

On 5 June 1945, the Supreme Headquarters Allied Expeditionary Force (SHAEF) accepted Germany’s declaration of defeat* and quickly moved to recognize the legitimacy of the Zweite Deutsche Reich (Second German Reich), which was claimed to have been illegally displaced by Hitler’s Third Reich. [*Editor’s note: that should read “declaration of military capitulation” which was signed by General Keitl, but who was not authorized to surrender the state, nor to sign a peace treaty. Only the President Doenitz could do that, but the Allies arrested him]

The SHAEF laws underpinned a treaty between the occupation authorities and the Second German Reich, in which the latter was invested with full administrative rights and governmental sovereignty throughout most of Berlin and in all of the German states. After WWII ended*, a parallel state, founded by ambitious lawyers and Zionist activists and still known as the Federal Republic of Germany (BRD), competed with the Second German Reich for legitimacy. [*Editor’s Note:  again, if there is no peace treaty, a state of war still exists]

Wolfgang Gerhard Guenter

Chancellor Dr. Wolfgang Gerhard Guenter Ebel, Provisional Imperial Government of the Reich

Following the collapse of the DDR, East Germany’s Democratic Republic, a treaty known as the “2 Plus 4” confirmed that only the Second German Reich, now led by Reichskanzler (Prime Minister) Dr. Wolfgang Gerhard Guenter Ebel, represented the legitimate German State. In July 1990, the Secretary of the US Department of State, James Baker, confirmed in writing to German Chancellor Helmut Kohl that the BRD had come to the end of its lifetime and should be dissolved. From that moment on, the United Nations destroyed all of its stationery and placards that carried the words “Federal Republic of Germany” or BRD and replaced them with use of the broader term “Germany” in lieu of the anticipated “German Reich”.

Almost everyone in diplomatic circles around the world expected the re-emergent German Reich to take over where the BRD had left off.

Yet the government in Bonn, and later in Berlin, continued and still continues to act and behave as if nothing really happened: a sort of disembodied ghost that has no idea that its corpse perished many years ago. [article continues]”

Read More: http://rense.com/general69/germany.htm

The FEDERAL REPUBLIC OF GERMANY is NOT Germany!

BRD expire on 17.7.1990 - 18.7.1990 from German Empire

For those who speak German, please see http://www.der-reichskanzler.de/  and also http://www.deutsches-reich.com  (or use Google or Bing translator) or see this Wiki page

VIDEO:  Chancellor Dr. Wolfgang Ebel –  German Empire Reunion

(The video is in German only – No English suns …sorry)

The BANKSTER GANGSTERS and their FRG minions merely pretend that the Reich is gone and legally succeeded by the FRG  and they hope that no one will notice or even care. What they established was a legal fiction called, a limited company called the  Bundesrepublik Deutschland Finanzagentur GmbH.

With this, they have attempted to do an “end run” around Germany sovereignty, border issues and the peace treaty.

“Meet the New Boss, same as the Old Boss” ~ The Who – We won’t get fooled again

bundesrepublik-deutschland-finanzagentur-gmbh

As mentioned in the above article, the victors do actually acknowledge the German Reich as legally still existing,  but with what right did they  (SHAEF)  have to declare the NSDAP a criminal organization and Third Reich as illegitimate? Who gave them that right? The Germans certainly did not. Contrary to popular belief, the NSDAP government of Adolf Hitler was democratically elected and Hitler legally and duly appointed as Chancellor. The government enjoyed increasingly massive support and that support remained strong to the end.  Major policy initiatives were also subject plebiscite.

If you have not already seen it, please watch my documentary: Hitler’s War? – What the Historians Neglect to Mention

Soooo, what happened to “liberty, freedom, democracy, the right of self-determination, etc” hmmm?  Well all of that was ignored, Germany was declared guilty, and the Nuremberg Flying Circus show trials were used to punish the presumed guilty, with fake evidence and largely tortured confessions, and to exonerate themselves, while using procedures and rules of evidence that would never be tolerated in an American or British court.  Having dispensed with National Socialism, the enemy of the New World Order agenda of the International Bankster Gangsters (who created and controlled both Western Hyper-Capitalism and Bolshevik Communism), they then, for all intents and purposes, reinstated a Weimar-like, foreign controlled, multi-party republic, and brought it back under the financial control of the worldwide Rothschild Central Banking authority. That is what had caused many of the problems in the first place, following WWI and the dictated Versailles Treaty, which the Germans had rebelled against, and which the NSDAP was elected to solve. Hitler had abolished that and freed the Germans, building up a new social state that served the people, not the bankers and various foreign interests.

Did the war really end for the Germans?

File: Germany - Made in USA.jpg

Documentary:  “Germany Made in USA” (1999)  

A film by Joachim Schröder  shows how CIA agents controlled and shaped post-war Germany.contains numerous original quotes from secret documents and interviews with American officials (including with Zbigniew Brzezinski ) and participants, on how they sought to create a new Germany in America’s image.  The film has some very good info, but also standard propaganda and depicts the “Amis” as the good guys.

So, in addition to the Morgenthau plan to starve the Germans, Psychological Warfare continued and indeed went into overdrive through the the process of so-called “de-Nazification” allegedly to un-brainwash the Germans.  But in the Orwellian post-war world of doublespeak, white was black, black was white, up is down, down is up, as seen with the FRG  flag (Black, Red, Gold)  that symbolizes foreign rule.

"Atrocity Propaganda is how we (Brits) won the war!"  ...and you thought Goebbels was the liar?

They did what Sefton Delmer had stated and used PsyOps to convince the Germans of their guilt … eternally.  By this means, Germans are held in a mental, spiritual and cultural  prison.  More on that later.

As I have previously written about, there was no such thing as “Nazis”.  That is term created by the enemies of National Socialism.  In reality, the Germans were “Nazified”, just as they had already convinced the world of “evil Nazis” prior to and during the war.  I have also spoken with numerous survivors of the NS years, including my own parents, who say they never heard the word “Nazi” until AFTER the war! Sadly, to this day, the Germans still accept the term and use it, against one another.  And some, a very small minority,  even willingly describe themselves as such, having bought into the propaganda.

United States of Germany

There is still much more to come on this topic with a more in depth analysis of legalities stemming from the UN Charter.

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