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Allied Control Council

1945–1991 military governing body

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The council was convened to determine several plans for postwar Europe, including how to change borders and transfer populations in Central Europe. As the four powers had joined themselves into a condominium asserting supreme power in Germany, the Allied Control Council was constituted the sole legal sovereign authority for Germany as a whole, replacing the civil government of Germany under the Nazi Party. In 1948, the Soviets withdrew from the ACC due to its conflict with the Western Allies, who then established the Allied High Commission. In 1949, two German states (West and East Germany) were founded.

Creation

Allied preparations for the postwar occupation of Germany began during the second half of 1944, after Allied forces began entering Germany in September 1944. Most of the planning was carried out by the European Advisory Commission (EAC) established in early 1944. By 3 January 1944, the Working Security Committee in the EAC concluded that:

It is recognised that, in view of the chaotic conditions to be anticipated in Germany, whether a capitulation occurs before invasion or after invasion and consequent establishment of military government, an initial period of military government in Germany is inevitable and should be provided for.

The EAC also recommended the creation of a tripartite British, US and Soviet agency to conduct German affairs following the Nazis' surrender. The British representative at the EAC, Sir William Strang, was undecided on whether a partial occupation of Germany by Allied troops was the most desirable course of action. At the first EAC meeting on 14 January 1944, Strang proposed alternatives that favored the total occupation of Germany, similar to the situation following the First World War when Allied rule was established over the Rhineland. Strang believed that a full occupation would limit the reliance on former Nazis to maintain order within Germany. He also believed that it would make the lessons of defeat more visible to the German population and would enable the Allied governments to carry out punitive policies in Germany, such as transferring territories to Poland. The main arguments against total occupation were that it would create an untold burden on Allied economies and prolong the suffering of the German population, possibly driving new revanchist ideologies. However, his final conclusion was that a total occupation would be most beneficial, at least during the initial phase. In August 1944, the US government established the United States Group to the Control Council for Germany, which served as a liaison group within the EAC for planning the future occupation of entire Germany. The chairman of this group was Brigadier general Cornelius W. Wickersham.

As the German collapse approached, Strang became convinced that Germany was about to undergo a total collapse, in which case a total occupation and control would be inevitable. He even proposed a draft declaration to be issued by the Allied governments in case no political authority remained in Germany due to chaotic conditions. For a brief period, this prospect was feared by some Allied representatives.

Following the suicide of Adolf Hitler on 30 April 1945, Karl Dönitz assumed the title of Reichspräsident in accordance with Hitler's last political testament. As such, he authorised the signing of the unconditional surrender of all German armed forces, which took effect on 8 May 1945 and tried to establish a government under Lutz Graf Schwerin von Krosigk in Flensburg. This government was not recognised by the Allies and Dönitz and the other members were arrested on 23 May by British forces.

The German Instrument of Surrender signed in Berlin had been drafted by the Supreme Headquarters Allied Expeditionary Force and was modeled on the one used a few days previously for the surrender of the German forces in Italy. It was not the document which had been drafted for the surrender of Germany by the "European Advisory Commission" (EAC). This created a legal problem for the Allies, because although the German military forces had surrendered unconditionally, no counterpart civilian German government had been included in the surrender. This was considered a very important issue, inasmuch as Hitler had used the surrender of the civilian government but not of the military, in 1918, to create the "stab in the back" argument. The Allies understandably did not want to give any future hostile German regime any kind of legal argument to resurrect an old quarrel. Eventually, determined not to accord any recognition to the Flensburg administration, they agreed to sign a four-power declaration of the terms of the German surrender instead. On 5 June 1945, in Berlin, the supreme commanders of the four occupying powers signed a common Declaration Regarding the Defeat of Germany (the so-called Berlin Declaration of 1945), which formally confirmed the total dissolution of Nazi Germany with the death of Adolf Hitler on 30 April 1945 and the consequent termination of any German governance over the nation:

The Governments of the United States of America, the Union of Soviet Socialist Republics and the United Kingdom of Great Britain and Northern Ireland and the Provisional Government of the French Republic, hereby assume supreme authority with respect to Germany, including all the powers possessed by the German Government, the High Command and any state, municipal, or local government or authority. The assumption, for the purposes stated above, of the said authority and powers does not affect the annexation of Germany.

— US Department of State, Treaties and Other International Acts Series, No. 1520.

This imposition was in line with Article 4 of the Instrument of Surrender that had been included so that the EAC document, or something similar, could be imposed on the Germans after the military surrender. Article 4 stated that "This act of military surrender is without prejudice to and will be superseded by any general instrument of surrender imposed by, or on behalf of the United Nations and applicable to GERMANY and the German armed forces as a whole". In reality, of course, German authority had ceased to exist since all remaining German armed forces had surrendered before. These parts of the Berlin declaration, therefore, merely formalised the de facto status and placed the Allied military rule over Germany on a solid legal basis.

An additional agreement was signed on 20 September 1945 and further elaborated the powers of the Control Council.

The actual exercise of power was carried out according to the model first laid out in the "Agreement on Control Machinery in Germany" that had been signed by the United States, the United Kingdom and the Soviet Union on 14 November 1944 in London based on the work of the EAC. Germany was divided into four zones of occupation — British, American, French and Soviet — each being ruled by the commander-in-chief of the respective occupation forces. "Matters that affect Germany as a whole", however, would have to be decided jointly by all four commanders-in-chief, who for this purpose would form a single organ of control. This authority was called the Control Council.

The purpose of the Allied Control Council in Germany, like the other Allied Control Commissions and Councils which were established by the Allies over every defeated Axis power, was to deal with the central administration of the country (an idea that hardly materialised in the case of Germany, as that administration totally broke down with the end of the war) and to assure that the military administration was carried out with a certain uniformity throughout all of Germany. The Potsdam Agreement of 1 August 1945 further specified the tasks of the Control Council.

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