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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.

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)

Page 114

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:
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
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
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