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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 115

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
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