Foreign Relations of the United States: Diplomatic Papers, 1944, General, Volume I

740.00119 EAC/187

Memorandum by the United States and United Kingdom Representatives to the European Advisory Commission (Winant and Strang)⁵⁶

E.A.C. (44) 18

London, 15 May, 1944.⁵⁷

Directive to the Supreme Commander, Allied Expeditionary Force in Respect of Military Government in Germany for the Pre-Surrender Period

By its terms of reference the European Advisory Commission is directed to make detailed recommendations upon the terms of surrender for Germany and upon the machinery required to ensure the fulfilment of those terms. The question of the policy to be adopted by the Allied Commanders in German territory captured or occupied by the Allied forces in the course of military operations before the defeat or surrender of Germany has not been referred to the Commission by the three Governments.

In order, however, that the Supreme Commander, Allied Expeditionary Force may be in a position to draw up in advance the necessary plans in respect of German territory occupied by forces under his command prior to the defeat or surrender of Germany, it is necessary that he should receive directions from the two Governments to whom he is responsible.

A directive has therefore been drawn up for his use, a copy of which is annexed.⁵⁸ Directives concerning financial, economic and relief matters are in process of preparation and will be presented in the near future.

It is evident, however, that the policy in respect of German territory during the pre-surrender period may be affected by the policy approved by the three Governments in respect of Germany for the post-surrender period as a result of recommendations by the European Advisory Commission.

It is for this reason that it is stated, in the first sentence of the annexed directive, that the directive “is subject to such alterations as may be necessary to meet the joint recommendations of the European Advisory Commission in regard to the post-surrender period”.

The annexed directive is therefore circulated to the European Advisory Commission in order that the Commission may take it into consideration when examining and making recommendations upon corresponding questions that will arise during the post-surrender period.

J[ohn] G. W[inant]
W[illiam] S[trang]

annex

Directive for Military Government in Germany Prior to Defeat or Surrender

1. This Directive is subject to such alterations as may be necessary to meet joint recommendations of the European Advisory Commission in regard to the post-surrender period. It relates to the period before defeat or surrender of Germany and to such parts of Germany and Austria as are overrun by the forces under your command during such period. The same policy will be applied to occupied parts of Austria as to occupied parts of Germany except where different treatment is required for Austria to meet the provisions of the Political Guide at Appendix “B” or other paragraphs dealing specifically with Austria.

2. Military government will be established and will extend over all parts of Germany, including Austria, progressively as the forces under your command capture German territory. Your rights in Germany prior to unconditional surrender or German defeat will be those of an occupying power.

3. (a) By virtue of your position you are clothed with supreme legislative, executive, and judicial authority and power in the areas occupied by forces under your command. This authority will be broadly construed and includes authority to take all measure deemed by you necessary, desirable or appropriate in relation to the exigencies of military operations and the objectives of a firm military government.

(b) You are authorized at your discretion, to delegate the authority herein granted to you in whole or in part to members of your command, and further to authorize them at their discretion to make appropriate sub-delegations. You are further authorized to appoint members of your command as Military Governors of such territory or areas as you may determine.

(c) You are authorized to establish such military courts for the control of the population of the occupied areas as may seem to you desirable, and to establish appropriate regulations regarding their jurisdiction and powers.

(d) The military government shall be a military administration which will show every characteristic of an allied undertaking, acting in the interests of the United Nations. Whether or not U.S. and U.K. civil affairs personnel will be integrated other than at your headquarters will be a matter for your decision.

4. The U.S. and British flags shall be displayed at headquarters and posts of the military government. The administration shall be identical throughout those parts of Germany occupied by forces under your command, subject to any special requirements due to local circumstances.

5. The military administration shall contain no political agencies or political representatives of the U.S. and U.K., U.S. and U.K. political officers appointed at your headquarters will continue in office.

6. Representatives of civilian agencies of the U.S.-U.K. governments or of UNRRA shall not participate unless and until you consider such participation desirable when it will be subject, as to time and extent, to decision by the Combined Chiefs of Staff on your recommendation.

7. Appendix “A”, Political Guide for Germany; Appendix “B”, Political Guide for Austria, are attached hereto. Appendix “C”, Financial Guide; Appendix “D”, Economic Guide; and Appendix “E”, Relief Guide; will be transmitted at a later date.⁵⁹

Appendix “A”

Political Guide

1. The administration shall be firm. It will at the same time be just and humane with respect to the civilian population so far as consistent with strict military requirements. You will strongly discourage fraternization between Allied troops and the German officials and population. It should be made clear to the local population that military occupation is intended: (1) to aid military operations; (2) to destroy Nazism–Fascism and the Nazi Hierarchy; (3) to maintain and preserve law and order; and (4) to restore normal conditions among the civilian population as soon as possible, insofar as such conditions will not interfere with military operations.

2. (a) Adolf Hitler, his chief Nazi associates and all persons suspected of having committed war crimes will be arrested and held for investigation and subsequent disposition, including those who appear on lists drawn up by the United Nations which will be communicated to you. The heads of all ministries and other high political functionaries of the German Reich and those Germans who have held high positions in occupied allied countries found within occupied territory will be interned and held pending further instructions.

(b) The same shall apply to the case of any national of any of the United Nations who is alleged to have committed offenses against his national law and of any other person whose name or designation appears on lists to be similarly communicated.

3. The intention is to dissolve the Nazi Party throughout Germany as soon as possible. In furtherance of this object, you should: (1) take possession of offices and records of all Party organizations and make lists of them; (2) suspend activities of all Party organizations except those which you may require to continue to function for administrative convenience; (3) arrest and imprison high Party officials; (4) take Party property into custody, except for those organizations specially directed by you in (2) above. A special effort should be made to seize and preserve all records and plans of the German military organizations and of the Nazi Party, and of the Security, Criminal and Ordinary Police, and records of Nazi economic organisations and industrial establishments.

4. You will take steps to prevent the operation of all Nazi laws which discriminate on the basis of race, color or creed or political opinions. All persons who were detained or placed in custody by the Nazis on such grounds should be released subject to requirements of security and interests of the individual concerned.

5. (a) The operation of the criminal and civil courts of the German Reich will be suspended. However, at the earliest possible moment you should permit their functioning under such regulation, supervision, and control as you may determine. The operation of politically objectionable courts, e.g. people’s courts, will be permanently suspended with a view to eventual abolition. All Nazi elements will be eliminated from the judiciary.

(b) Security Police, excluding Criminal Police, but including Gestapo and Sicherheitsdienst,⁶⁰ should be disarmed, disbanded and imprisoned. Criminal and Ordinary Police should be retained, subject to the removal of Nazi or otherwise undesirable elements.

6. The replacement of local Government officials who may be removed will rest with the Supreme Commander who will decide whether the functioning of the military government is better served by the appointment of officers of the occupation forces or by the use of the services of Germans. Military Government will be effected as a general principle through indirect rule. The principal link for this indirect rule should be at the Bezirk or Kreis level; controls at higher levels will be inserted at your discretion. Subject to any necessary dismissals, local officials should be instructed to continue to carry out their duties. No actual appointment of Germans to important posts will be made until it has been approved by the Combined Chiefs of Staff. It should be made clear to any German, after eventual appointment to an important post, and to all other Governmental officials and employees, that their continued employment is solely on the basis of satisfactory performance and behavior. In general the entire Nazi leadership will be removed from any post of authority and no permanent member of the German General Staff nor of the Nazi Hierarchy will occupy any important Governmental or Civil position. The German Supreme Command and General Staff will be disbanded in such a way as will insure that its possible resuscitation later will be made as difficult as possible.

7. Subject to the provisions of paragraph 10, and to the extent that military interests are not prejudiced, freedom of speech and press, and of religious worship should be permitted. Consistent with military necessity, all religious institutions shall be respected and all efforts will be made to preserve historical archives, classical monuments, and objects of art.

8. Diplomatic and consular officials of countries at war with any of the United Nations and of neutrals will be dealt with in accordance with instructions to be issued by the Combined Chiefs of Staff.

9. (a) Prisoners of war belonging to the forces of the United Nations and associated Nations and their Nationals, confined, interned or otherwise under restraint by German authorities will be freed from confinement and placed under military control or restriction as may be appropriate pending other disposition.

(b) So far as practicable after identification and examination, Allied nationals should be given opportunity to join the armed forces of their country if represented by units in the theater, or to serve in labor battalions organized by the military or in other approved civilian work, provided their loyalties to the allies have been determined and they qualify physically and otherwise. All practical measures should be taken to insure health and welfare of Allied nationals. They should not be allowed to disperse until plans are made for their employment or other disposition. Former prisoners of war released by the Axis may be found. They should be identified and requests addressed to their respective military commands for instructions as to their disposition.

(c) Allied and neutral civilian internees found in the territory should be placed in restricted residence with provision being made for their care until they show that they can provide for themselves. Work should be provided when practicable. They should be identified as to nationality in order that their presence in the territory may be communicated to their respective governments.

(d) If feasible and practicable, enemy nationals, other than nationals of the country under occupation, will be identified and registered and those whose freedom of movement would endanger the security of the armed forces or be otherwise undesirable will be interned or their activities curtailed as may be necessary under the circumstances.

10. (a) The propagation of Nazi doctrines and propaganda in any form shall be prohibited. Guidance on German education and schools will be given to you in a separate directive.

(b) No political activity of any kind shall be countenanced unless authorized by you. Unless you deem otherwise, it is desirable that neither political personalities nor organized political groups, shall have any part in determining the policies of the military administration. It is essential to avoid any commitments to, or negotiations with, any political elements. German political leaders in exile shall have no part in the administration.

(c) You will institute such censorship and control of press, printing, publications and the dissemination of news or information by the above means and by mail, radio, telephone and cable or other means as you consider necessary in the interests of military security and intelligence of all kinds and to carry out the principles laid down in this directive.

11. A plan should be prepared by you to prevent transfers of title of real and personal property intended to defeat, evade or avoid the orders, proclamations or decrees of the military government or the decision of the courts established by it.

12. (a) All property in the German territory belonging to the German Reich or to any country with which any of the United Nations are at war will be controlled directly or indirectly pending further instructions, subject to such use thereof as you may direct.

(b) Your responsibility for the property of the United Nations other than U.K. and U.S. and their nationals in areas to be liberated or occupied by Allied Forces shall be the same as for the property of U.K. and U.S. and their nationals except where a distinction is expressly provided, by treaty or agreement. Within such limits as are imposed by the military situation you should take all reasonable steps necessary to preserve and protect such property.

Appendix “B”

Political Guide for Austria

1. The political aims of the occupation of Austria will differ fundamentally from those of the occupation of Germany in that their primary purpose will be that of liberation. Though it will be of great importance that the occupying forces in Germany should make a good impression on the inhabitants, this will be of even more importance in Austria and the impression to be aimed at is of a different kind. You should try to insure that occupation by Allied Forces in no way suffers by comparison with occupation by Germans.

2. In applying the political guide at Appendix “A” to Austria you should bear in mind the following points:

(a) Paragraph 1. The attitude to the Austrian population should be more friendly than in Germany. There will be no need to discourage some degree of fraternization. In addition to the four points enumerated in the last sentence in this paragraph the following should be added: “To liberate Austria from German domination and pave the way for a free and independent Austria.”

(b) Paragraph 6. A large proportion of the administrative posts in Austria have been filled by Reich Germans and the replacement of local government officials may therefore have to be more complete than in Germany. Their replacement should proceed as rapidly as practicable having regard to the requirements of military security and administrative possibilities. Every encouragement should be given to Austrians untainted by Nazi sympathies to fill the vacated posts. Only the highest appointments will require the prior approval of the Combined Chiefs of Staff.

(c) In Austria there is no intermediate administrative unit between the Reichsgaue and the Kreise and the principal link for civil affairs must therefore be the former until it is possible to restore the old Austrian länder.

(d) Paragraph 10 (a). In addition to Nazi doctrines and propaganda, it will be necessary to prohibit propaganda for pan-Germanism and renewal of association with Germany.

(e) Paragraph 10 (b). You should be prepared to give more latitude to political activity in Austria than in Germany.

56. Copy transmitted to the Department by the Secretary to the U.S. Delegation, European Advisory Commission (Lightner), in his despatch 15660, May 16; received May 19.
57. This memorandum was originally circulated in the European Advisory Commission by the United States and United Kingdom Representatives on May 12.
58. The directive was approved by the Combined Chiefs: of Staff and dispatched to General Eisenhower on April 28, 1944. For a brief description of the genesis of this directive, see Forrest C. Pogue, The Supreme Command, in the official Army history United States Army in World War II: The European Theatre of Operations (Washington, Government Printing Office, 1954), p. 347.
59. In a memorandum designated E.A.C. (44) 20, dated June 13, 1944, the United States and the United Kingdom Representatives circulated in the European Advisory Commission the directive including the financial, economic, and relief directives referred to here. According to Hajo Holborn, American Military Government, Its Organization and Policies (Washington, Infantry Journal Press, 1947), p. 135 (footnote), the financial guide was revised in August 1944. For the texts of the revised financial guide and the economic and relief guides, see ibid., p. 140.
60. Intelligence and counter-intelligence agency of the SS.