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Quadripartite Military Government Organization and Operations in Germany

Published online by Cambridge University Press:  20 April 2017

Eli E. Nobleman
Eli E. Nobleman*
Affiliation:
Department of Justice
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Type
Current Notes
Information
American Journal of International Law , Volume 41 , Issue 3 , July 1947 , pp. 650 - 655
Copyright
Copyright © American Society of International Law 1947

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References

1 See address by the Secretary of State, April 28, 1947, “Moscow Meeting of the Council of Foreign Ministers, “March 10–April 24, 1947, Department of State Bulletin, May 11, 1947, p. 919.

2 Statement by the Governments of the United Kingdom, the United States of America, the Union of Soviet Socialist Republics, and the Provisional Government of the French Republic on Control Machinery in Germany, June 5, 1945, Official Gazette of the Control Council for Germany, Supplement No. 1, p. 10; The Axis in Defeat, Department of State Publication 2423, p. 68.

The basic policy document governing the machinery of the Allied Control Authority is the agreement set forth by the European Advisory Commission, 14 November 1944, as amended 1 May 1945, Documents on American Foreign Relations, Vol. VI, p. 14. The signatories to this agreement on control machinery were the United States of America, the United Kingdom, the Union of Soviet Socialist Republics, and France. This basic policy was restated and reaffirmed by the same four signatory powers in the Statement on Control Machinery in Germany, 5 June 1945, as cited. Reference is also made to the Allied Control Authority in the Crimea Conference Communique, February 3–11, 1945, Official Gazette of the Control Council for Germany, Supplement No. 1, p. 4, section 2, and the Potsdam Agreement (Report on the Tripartite Conference of Berlin), 2 August 1945, Article III, Official Gazette of the Control Council for Germany, Supple–No. 1, p. 14.

3 Statement on Control Machinery, Potsdam Agreement. See also Control Council Proclamation No. 1, Section II, Official Gazette of the Control Council for Germany, No. 1, p. 4.

4 Statement cited above, note 2.

5 Military Government Weekly Information Bulletin, No. 78, 3 February 1947, p. 4.

6 Above, note 4; Control Council Directive No. 2, Military Government Regulations 23–161.2. Military Government Regulations will hereinafter be cited “MGR”.

7 Above, notes 4 and 5. Control Council Directive No. 13, MGR 23–161.3.

8 Control Council Directive No. 3, MGR 23–161.3 See also above, note 5, p. 7.

9 Above, note 8. Control Council Directive No. 17, MGR 23–161.17.

10 Above, note 4; Control Council Directives No. 5 and 34. MGR 23–161.5, 161.34.

11 Above, note 5, pp. 4–5.

12 Control Council Directive No. 4, MGR 23–161.4.

13 Control Council Directive No. 36, MGR 23–141.36.

14 Control Council Directive No. 21, MGR 23–161.21.

15 Above, note 4. See also MGR 1–415.

16 Control Council Directive 10, MGR 23–161.10; Official Gazette of the Control Council, No. 3, p. 38. Control Council Directive No. 10 has recently been revised and superseded by Control Council Directive No. 51, 29 April 1947. No basic changes are made. However, under the terms of this Directive, legislative action by the Control Council is limited to Proclamations, Laws and Orders. The Control Council may still issue Directives and “Approved Papers” to implement Laws, Orders and Proclamations and to express policy or administrative decisions. However, they are not to be considered legislative acts and are therefore not binding on the population of Germany as a whole, but rather affect only those to whom they apply:—German governmental bodies, persons, or agencies.

17 Above, note 16. See also Control Council Directive No. 13, MGR 23–161.13.

18 Above, note 5, p. 31.