Axis Rule in Occupied Europe; Laws of Occupation, Analysis of Government, Proposals for Redress (1944).pdf

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Publications of the
Carnegie Endowment for International Peace
Division of International Law
VVashington
RULE
IN OCCUPIED EUROPE
Laws of Occupation , Analysis of Government ,
Proposals for Redress
AXI~;
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BY
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RAPHA1!L
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LEMKIN
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CARNEGIE ENDOWMEN1r
FOR.
INTErtNJ.TJoG)tJAL
PE'AC:t;
:
DIVISION oF lNTERNATIOJV.J.lA
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700
jACKS ON
PLACE,
N.
w.
1944
I
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438517
C:OPYRIGHT
I944
BY THE
CARNEGIE ENDOWMENT
FOR INTERNATIONA L
PEACE
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FOREWORD
The major part of this volume comprises the texts of laws
and decrees
of
the Axis Powers, and of their pupp.et
r~imes,
issued for the government of
the areas occupied
by
their militaLry forces in Europe. Preceding these
texts are chapters analyzing the p\ltrposes and application of the measures
as parts of a general scheme of conquest. Other chapters show the organiza-
tion of the occupying government
:s
et up in each invaded country and the
special measures adopted for it.
The law of military occupation does not accord to the armed forces of an
invader unlimited power over the inhabitants temporarily under his control.
Under this law, as officially interpreted nearly half a century ago by the
President of the United States during the war with Spain in
1898,
the in-
habitants of occupied territory "are entitled to security in their persons and
property and in
all
their private
rig~hts
and relations," and it is the duty of
the commander of the army of occupation
"to
protect them in their homes,
in their
employments,
and in their personal and religious rights." Further,
"the municipal laws of the conquer•ed territory, such as affect private rights
of person and property and provide for the punishment of crime,
are
con-
sidered as continuing in force" and are "to be administered by the ordinary
tribunals,
substantially
as
they wer·e before the occupation."
1
The author of the present volun!le, Dr. Raphael Lemkin, a noted Polish
scholar and
attorney, has pointed out the many instances and particulars
in which the acts of the Axis Powers fall far below the humane standards
previously
established,
especially tlh.ose of the laws and customs of war as
codified by the Hague Conventions of
1899
and
1907,
which sought to
diminish the
evils
of war by placin1g the inhabitants of occupied territories
"under the protection
and
the rule: of the principles of the law
of
nations,
as they result from the usages established among civilized peoples, from the
laws of humanity, and the dictates; of the public conscience."
The liberators of Nazi-occupied Europe will be faced with stupendous
tasks not only of relief and rehabillitation but of restoring family ties and
aiding in the repair of the damage done as far as possible. Measures of
personal and property reparation must precede the rebuilding of a peaceful
world founded upon law and order.. The author suggests some modes and
agencies of redress. Whether these suggestions or others be
adopted,
the
General Orders
No.
101,
July
18, 1898,
J"'oreign Relalions of the UniUd States,
1898,
p.
783.
For the similar order to the American Exp.editionary Forces when they entered the Rhine-
land
in
November,
1918,
see General Orders No.
:n8,
November
28, 1918,
reproduced by
Maj. Gen. Henry T
.
Allen, U.S.A.,
The Rhineland Occupation
(Indianapolis
:
The Bobbs-
Merrill Company,
1927),
p. 68. For the
e~:pression
of
appreciation
by the German Govern-
ment
o(
the
conduct
of the American occupying forces, see the
Chancellor's
communication to
the American commander upon the withdrawal of the troops in January,
1923,
op.
cit.,
p.
288.
vii
1
Ylll
FOREWORD
volume,
Axis Rule in Occupied Eu:rope,
gives in readily accessible form in the
English language the basic
documE~nts
and essential factual information from
authentic
sources that will
be
urgently needed when the process starts
of
un-
tangling the spider web of Axis
le~:islation
which has
enmeshed
the lives and
wrecked
the fortunes
of millions of human beings whose
only
fault was that
they
were
unable to defend themselves against the modern juggernaut of
total war. It
is
in
this
sense that the work is offered as a contribution to-
ward
the restoration of peace ba54ed upon justice.
GEORGE
A.
FINCH
Director, Division of International
Law
A ugttst
r8,
1944

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