연합국의 독일점령과 사법정책에 관한 연구

Abstract

This paper aims at studying the belligerent occupation of the Allied powers after Germany's unconditional surrender and researching justice policies of Control Council and Military Governments. According to the Declaration of Berlin the Allied powers assumed the 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 legal status of Germany after the second world war was a topic of discussion between scholars of international law. It was that of belligerent occupation in accordance with the Articles 42 to 56 of the Hague Regulations. The Allied powers repealed the greater part of the laws of the oppressive or discriminatory nature upon the Nazi regime had rested through Control Council Laws or Military Government Laws. The Control Council punished the major war criminals according to London Agreement and Charter of the International Military Tribunal and the four Military Governments prosecuted other war criminals in their occupation zones in conformity with Control Council Law No. 10. The Allied powers abolished the special courts of the Nazi regime and annulled the judicial decisions which were made by the Nazi courts on the grounds of anti-nationalsocialist political actions. The Allied powers tried to purge the public functionaries who were heavily infected with nationalsocialism according to Control Council Directive Nr. 24 or Nr.38. But the denazification activities of the tree Allied Powers in the west part of Germany turned into a renazification in the presence of the East-West tensions. So the constitution disappeared, the administration stays. It is deemed to be beyond the competence conferred upon a occupant power by the Hague Regulations that the Allied powers transformed the Nazi dictatorship into a democracy and changed fundamental institutions of Germany.