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.
Allied Control Authority, Control Council Directive No. 38 (the arrest and punishment of war criminals, Nazis and Militarists and the internment, control and surveillance of potentially dangerous Germans) 12 October 1946, pp. 114-136 PDF (6.7 MB)
DENAZIFICATION aNNEX L ALLIED CONTROL AUHORI CONTROL COUNCIL Directive; No. 38 The Arrest and Punishment of War Criminals, Nazis and Ml~ltarists and the Internment, Control and Surveillance of Potentially Dangerous Gea The Control Council directs as follows: PART I 1. Object The object of this paper is to establish a common policy for Germany covering. a) The punishment of war criminals, Nazis, Militarists, and industrialists who encouraged and supported the Nazi Regime. b) The complete and lasting destruction of Nazism and Militarism by imprisoning and restricting the activities of Important participants or adherents to these creeds. c) The interment of Germans, who, though not guilty of specific crimes are considered to be dangerous to Allied purposes, and the control and surveillance of others con- sidered potentially so dangerous. 2. References a) Potsdam Agreement, Sec. III, Para. 3, I(a) b) Potsdam Agreement, Sec. III, Para. 3, III c) Potsdam Agreement, Sec. III, Para. 5 d) Control Council Directive No. 24 e) Control Council Law No. 10, Article II, Para 3 and Ar- ticle III, Paras. 1 and 2. 3. The Problem and General Principles It is considered that in order to carry out the principles estab- lished at Potsdam, it will be necessary to classify war criminals and potentially dangerous persons into five main categories and to establish punishments and sanctions appropriate to each cate- gory. We consider that the composition of categories and the nature of penalties and sanctions should be agreed in some detail but without limiting in any way the full discretion conferred by Control Council Law No. 10 upon Zone Commanders. 4. A clear- definition of Allied policy with regard to the ob- viously dangerous as well as to only potentially dangerous Ger- mans is required at this time in order to establish uniform pro- visions for disposing of these persons in the various Zones. 5. Categories and Sanctions Composition of categories and sanctions are treated in detail in Part II of this Directive. They shall be applied in accordance with the following general principles: a) A distinction should be made between Imprisonment of war criminals and similar offenders for criminal conduct and intern- APRIL 1948 - 14 -
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