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 ment of potentially dangerous persons who may be confined be- cause their freedom would constitute a danger to the Allied Cause. b) Zone Commanders may, if they so desire, place an individual in a lower category on probation, with the exception of those who have been convicted as major offenders on account of their guilt in specific crimes. c) Within the categories, Zone Commanders will retain dis- cretion to vary the sanctions if necessary to meet the requirements of individual cases within the limits laid down in this Directive. d) The classification of all offenders and potentially dangerous persons, assessment of sanctions and the review of cases will be carried out by agencies to be designated by the Zone Commanders as responsible for the implementation of this directive. e) The Zone Commanders and tribunals will have the author- ity to upgrade or downgrade individuals between categories. Zone Commanders may, if they wish, use German tribunals for the purpose of classification, trial and review. f) In order to prevent persons dealt with under this Directive avoiding any of the consequences of the Directive by moving to another Zone, each Zone Commander will ensure that the other Zones know and understand the methods employed by him in endorsing the identity documents of classified individuals. g) To implement this Directive, it is recommended that each Zone Commander will issue Orders or Zonal Laws conforming in substance to the provisions and principles of this Directive in his own Zone. Zone Commander will supply each other with copies of such Laws or Orders. h) Provided that such Zonal Laws are in general conformity with the principles here set forth, full discretion is reserved to the individual Zone Commanders as regards their application in detail in accordance with the local situation in their respective Zones. i) In Berlin the Allied Kommandatura will have the respon- sibility for implementing the principles and provisions of this Directive and will issue such regulations and orders as are required for that purpose. Whatever discretion in the implemen- tation of this Directive is loft to Zone Commanders Will be exer- cised by the Allied Kommandatura in Berlin. j) Apart from the categories and sanctions set forth in Part II of this Directive, persons who committed war crimes or crimes against peace or humanity as defined in Control Council Law No. 10, will be dealt with under the provisions and procedures prescribed by that Law. APRIL 1948 - 115 -
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