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Germany (territory Allied occupation, 1945-1955 : U.S. Zone). Office of Military Government. Civil Administration Division. / Denazification, cumulative review. Report, 1 April 1947-30 April 1948.
(1948)
Law for liberation from National Socialism and Militarism (German legislation), 5 March 1946, as amended and annotated, pp. 52-97
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Page 52
DENAZIFICATION LAW FOR LIBERATION FROM NATIONAL SOCIALISM AND MILITARISM of 5 March 1946. (Annotated with corrected translation) 1. For 12 years National Socialism and Militarism ruled Ger- many with terror and violence, committed most serious crimes against the German people and the world, plunged Germany into distress and misery and destroyed the German Reich. The liberation from National Socialism and Militarism is an indispensable pre- requisite to political, economic and cultural reconstruction. 2. American Military Government has, during the past months following the surrender carried out the removal and exclusion of National Socialists and Militarists from public administration and other positions. 3. On January 12, 1946, the Control Council has, in Directive No. 24, issued regulations for all Germany for removal and ex- clusion which are binding upon the German Governments and the German people. 4. Law No. 8 of Military Government and Regulation No. 1 thereunder extended the liberation to the field of trade and in- dustry and introduced the appeal procedure through German in- vestigation Boards. 5. American Military Government has now decided that the German people may share the responsibility for liberation from National Socialism and Militarism in all fields. The discharge of the task thus entrusted to the German people will be accomplished by this Law, within the framework of Control Council Directive No. 24. 6. For a uniform and just execution of this task the following Law is hereby simultaneously enacted and promulgated for Ba- varia, Hesse and Wurttemberg-Baden. M. G. Anno: The Class I and II categories listed in the Appendix attached to the Law have been taken from the compulsory removal and exclusion categories of Control Council Directive No. 24 (MGR 2-120h and MGR 23-161.24). In view of the fact that the preamble of the Law for Liberation requires that the task of denazification will be accomplished by the Law within the framework of Control Council Directive No. 24 which is recognized as binding upon the German people, the phrase "nominal participant" in Article 12 of the Law must be interpreted in accordance with the definition contained in paragraph 2 (a) of Control Council Directive No. 24, MGR 23-161.24. (OMGUS letter dated 10 March 1947, file AG 014.311 (IA), subject, "Disapproval of Proposed Instruction concerning Findings of Follower against Officers of Nazi Organisations".) CHAPTER I Principles APRIL 1948 - 52 -
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