Debellatio

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Field Marshal Wilhelm Keitel signing the unconditional surrender of the German Wehrmacht Field Marshall Keitel signs German surrender terms in Berlin 8 May 1945 - Restoration.jpg
Field Marshal Wilhelm Keitel signing the unconditional surrender of the German Wehrmacht

The term debellatio or "debellation" (Latin "defeating, or the act of conquering or subduing", literally, "warring (the enemy) down", from Latin bellum "war") designates the end of war caused by complete destruction of a hostile state. Israeli law-school professor Eyal Benvenisti defines it as "a situation in which a party to a conflict has been totally defeated in war, its national institutions have disintegrated, and none of its allies continue to challenge the enemy militarily on its behalf". [1]

Contents

Examples

Carthage

In some cases debellation ends with a complete dissolution and annexation of the defeated state into the victor's national territory, as happened at the end of the Third Punic War with the defeat of Carthage by Rome in the 2nd century BC. [2]

Nazi Germany

The unconditional surrender of Nazi Germany, in the strict sense only the German Armed Forces, at the end of World War II was at the time accepted by most authorities as a case of debellatio as:

Other authorities, supported in the judgements of the German Federal Constitutional Court, have argued that a German state remained in existence from 1945 to 1949, albeit dormant and without any institutional or organisational component, on the basis that:

The official position of the Allied-occupied government as well all subsequent German governments since has been and remains that the Nazi regime was "illegal"; with laws and verdicts imposed during the Third Reich regularly being declared facially invalid. The Allies did not consider the German people and the Nazis indistinguishable, rather the opposite. [11] [12] [13] Following the surrender, the Nazi party was and remains to this day outlawed; various restrictions were imposed on former Nazi party members including bans on running for or holding public office, though these laws were later scaled back. Following the end of the Allied occupation, West Germany assumed a certain degree of responsibility for the atrocities committed by Nazi Germany and agreed to make major reparation payments to its victims. [14] [15]

Others

See also

Related Research Articles

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Nazi Germany, officially known as the German Reich and later the Greater German Reich, is a term used to describe the German state between 1933 and 1945, when Adolf Hitler and the Nazi Party controlled the country, transforming it into a totalitarian dictatorship. The Third Reich, meaning "Third Realm" or "Third Empire", referred to the Nazi claim that Nazi Germany was the successor to the earlier Holy Roman Empire (800–1806) and German Empire (1871–1918). The Third Reich, which the Nazis referred to as the Thousand-Year Reich, ended in May 1945, after only 12 years, when the Allies defeated Germany and entered the capital, Berlin, ending World War II in Europe.

<span class="mw-page-title-main">Axis powers</span> Major alliance of World War II

The Axis powers, originally called the Rome–Berlin Axis and also Rome–Berlin–Tokyo Axis, was a military coalition that initiated World War II and fought against the Allies. Its principal members were Nazi Germany, the Kingdom of Italy and the Empire of Japan. The Axis were united in their far-right positions and general opposition to the Allies, but otherwise lacked comparable coordination and ideological cohesion.

<span class="mw-page-title-main">Denazification</span> German societal transformation carried out after World War II

Denazification was an Allied initiative to rid German and Austrian society, culture, press, economy, judiciary, and politics of the Nazi ideology following the Second World War. It was carried out by removing those who had been Nazi Party or SS members from positions of power and influence, by disbanding or rendering impotent the organizations associated with Nazism, and by trying prominent Nazis for war crimes in the Nuremberg trials of 1946. The program of denazification was launched after the end of the war and was solidified by the Potsdam Agreement in August 1945. The term denazification was first coined as a legal term in 1943 by the U.S. Pentagon, intended to be applied in a narrow sense with reference to the post-war German legal system. However, it later took on a broader meaning.

<span class="mw-page-title-main">Non-combatant</span> Person who does not take a direct part in hostilities during war

Non-combatant is a term of art in the law of war and international humanitarian law to refer to civilians who are not taking a direct part in hostilities; persons, such as combat medics and military chaplains, who are members of the belligerent armed forces but are protected because of their specific duties ; combatants who are placed hors de combat; and neutral persons, such as peacekeepers, who are not involved in fighting for one of the belligerents involved in a war. This particular status was first recognized under the Geneva Conventions with the First Geneva Convention of 1864.

German <i>Reich</i> Name for the German state (1871–1945)

German Reich was the constitutional name for the German nation state that existed from 18 January 1871 to 5 June 1945. The Reich became understood as deriving its authority and sovereignty entirely from a continuing unitary German Volk, with that authority and sovereignty being exercised at any one time over a unitary German "state territory" with variable boundaries and extent. Although commonly translated as "German Empire", the word Reich here better translates as "realm" or territorial "reach", in that the term does not in itself have monarchical connotations.

<span class="mw-page-title-main">Polish areas annexed by Nazi Germany</span> Territories of Poland annexed during WWII

Following the Invasion of Poland at the beginning of World War II, nearly a quarter of the entire territory of the Second Polish Republic was annexed by Nazi Germany and placed directly under the German civil administration. The rest of Nazi-occupied Poland was renamed as the General Government district. The annexation was part of the "fourth partition of Poland" by Nazi Germany and the Soviet Union, outlined months before the invasion, in the Molotov–Ribbentrop Pact.

<span class="mw-page-title-main">End of World War II in Europe</span> Final battles as well as the surrender by Nazi Germany

The final battles of the European theatre of World War II continued after the definitive surrender of Nazi Germany to the Allies, signed by Field marshal Wilhelm Keitel on 8 May 1945 in Karlshorst, Berlin. After German leader Adolf Hitler's suicide and handing over of power to grand admiral Karl Dönitz on the last day of April 1945, Soviet troops conquered Berlin and accepted surrender of the Dönitz-led government. The last battles were fought on the Eastern Front which ended in the total surrender of all of Nazi Germany’s remaining armed forces such as in the Courland Pocket in western Latvia from Army Group Courland in the Baltics surrendering on 10 May 1945 and in Czechoslovakia during the Prague offensive on 11 May 1945.

<span class="mw-page-title-main">Protectorate of Bohemia and Moravia</span> Partially-annexed territory of Germany in Central Europe (1939–45)

The Protectorate of Bohemia and Moravia was a partially-annexed territory of Nazi Germany that was established on 16 March 1939 after the German occupation of the Czech lands. The protectorate's population was mostly ethnic Czech.

<span class="mw-page-title-main">Military occupation</span> Effective provisional control of one sovereign power over another sovereigns territory

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<span class="mw-page-title-main">Disarmed Enemy Forces</span> Redesignation of Prisoners of War to avoid Geneva Convention responsibilities

Disarmed Enemy Forces is a US designation for soldiers who surrender to an adversary after hostilities end, and for those POWs who had already surrendered and were held in camps in occupied German territory at the time. It was General Dwight D. Eisenhower's designation of German prisoners in post–World War II occupied Germany.

<span class="mw-page-title-main">Allied-occupied Germany</span> Post-World War II occupation of Germany

The entirety of Germany was occupied and administered by the Allies of World War II from the Berlin Declaration on 5 June 1945 to the establishment of West Germany on 23 May 1949. Unlike occupied Japan, Germany was stripped of its sovereignty and former state: after Nazi Germany surrendered on 8 May 1945, four countries representing the Allies asserted joint authority and sovereignty through the Allied Control Council (ACC). At first, Allied-occupied Germany was defined as all territories of Germany before the 1938 Nazi annexation of Austria; the Potsdam Agreement on 2 August 1945 defined the new eastern German border by giving Poland and the Soviet Union all regions of Germany east of the Oder–Neisse line and divided the remaining "Germany as a whole" into four occupation zones, each administered by one of the Allies.

Wartime collaboration is cooperation with the enemy against one's country of citizenship in wartime. As historian Gerhard Hirschfeld says, it "is as old as war and the occupation of foreign territory".

<span class="mw-page-title-main">Administrative divisions of Nazi Germany</span>

The Gaue were the main administrative divisions of Nazi Germany from 1934 to 1945.

The aftermath of World War II saw the rise of two global superpowers, the Soviet Union (USSR) and the United States (US). The aftermath of World War II was also defined by the rising threat of nuclear warfare, the creation and implementation of the United Nations as an intergovernmental organization, and the decolonization of Asia and Africa by European and East Asian powers, most notably by the United Kingdom, France, and Japan.

The legal status of Germany concerns the question of the extinction, or otherwise continuation, of the German nation-state following the rise and downfall of Nazi Germany, and constitutional hiatus of the military occupation of Germany by the four Allied powers from 1945 to 1949. It became current once again when the German Democratic Republic joined the Federal Republic of Germany in 1990.

<span class="mw-page-title-main">Berlin Declaration (1945)</span> 1945 historical document

The Berlin Declaration of 5 June 1945 or the Declaration regarding the defeat of Germany, had the governments of the United States, the Soviet Union, the United Kingdom, and France, acting on behalf of the Allies of World War II, jointly assume de jure "supreme authority" over Germany after its military defeat and asserted the legitimacy of their joint determination of issues regarding its administration and boundaries prior to the forthcoming Potsdam Conference.

<span class="mw-page-title-main">Soviet occupation of Latvia in 1940</span> Military occupation of the Republic of Latvia by the Soviet Union

The Soviet occupation of Latvia in 1940 refers to the military occupation of the Republic of Latvia by the Soviet Union under the provisions of the 1939 Molotov–Ribbentrop Pact with Nazi Germany and its Secret Additional Protocol signed in August 1939. The occupation took place according to the European Court of Human Rights, the Government of Latvia, the United States Department of State, and the European Union. In 1989, the USSR also condemned the 1939 secret protocol between Nazi Germany and herself that had led to the invasion and occupation of the three Baltic countries, including Latvia.

<i>Wehrmacht</i> Unified armed forces of Nazi Germany from 1935 to 1945

The Wehrmacht were the unified armed forces of Nazi Germany from 1935 to 1945. It consisted of the Heer (army), the Kriegsmarine (navy) and the Luftwaffe. The designation "Wehrmacht" replaced the previously used term Reichswehr and was the manifestation of the Nazi regime's efforts to rearm Germany to a greater extent than the Treaty of Versailles permitted.

References

  1. Benvenisti, Eyal (2012). The International Law of Occupation. Oxford University Press. p.  161. ISBN   978-0-19-958889-3.
  2. "No European state had come to an end, as Germany had, with a 'debellatio', with the dissolution of the enemy state by the victor, a term familiar from Roman history: after three terrible wars, Rome completely annihilated Carthage by means of a 'debellatio'." (Press and Information Office of the Federal Government (1995), Deutschland, Societäts-Verlag, p. 84, OCLC   29827150 )
  3. 1 2 Eyal Benvenisti, The international law of occupation, Princeton University Press, 2004, ISBN   0-691-12130-3, pp. 92–95
  4. Breven C. Parsons, (2009), Moving the law of occupation into the twenty-first century, Naval Law Review, published by U.S. Naval Justice School, the pp. 21, 28–30 (PDF pp. 26, 33–35)
  5. ICRC Commentaries on the Convention (III) relative to the Treatment of Prisoners of War Article 5 "The German capitulation was both political, involving the dissolution of the Government, and military, whereas the Japanese capitulation was only military".
  6. United Nations War Crimes Commission, Law reports of trials of war criminals: United Nations War Crimes Commission, Wm. S. Hein, 1997, ISBN   1-57588-403-8. p. 13
  7. The human rights dimensions of population (p. 2, para. 138) UNHCR web site
  8. Yearbook of the International Law Commission 1993 Volume II Part Two Archived October 21, 2013, at the Wayback Machine pp. 48, last paragraph p. 295
  9. Detlef Junker et al. (2004). The United States and Germany in the Era of the Cold War, 1945–1990: A Handbook (Vol 2), Cambridge University Press and (Vol. 2) co-published with German Historical Institute, Washington, D.C., ISBN   0-521-79112-X p. 104
  10. Lorenz-Meyer, Martin (2007), Safehaven: The Allied Pursuit of Nazi Assets Abroad, University of Missouri Press, p.  194, ISBN   978-0-8262-6586-9
  11. Nicosia, Francis R.; Huener, Jonathan (2004). Business and Industry in Nazi Germany (1 ed.). Berghahn Books. pp. 130–131. ISBN   978-1-57181-653-5. JSTOR   j.ctt1x76ff3.
  12. Balfour, Michael Leonard Graham; Balfour, Michael (1988). Withstanding Hitler in Germany, 1933–45. Routledge. p. 264. ISBN   978-0-415-00617-0.
  13. Balfour, p. 263
  14. Art, David (2005). The Politics of the Nazi Past in Germany and Austria . Cambridge University Press. pp.  53–55. ISBN   978-0521673242.
  15. "Gesetz zur Regelung der Rechtsverhältnisse der unter Artikel 131 des Grundgesetzes fallenden Personen – 11 May 1951 (Bundesgesetzblatt I 22/1951, pp. 307 ff.)" (PDF). Archived from the original (PDF) on April 6, 2020. Retrieved April 15, 2020.

Further reading