German military law
Encyclopedia
History
In 1900 the German EmpireGerman Empire
The German Empire refers to Germany during the "Second Reich" period from the unification of Germany and proclamation of Wilhelm I as German Emperor on 18 January 1871, to 1918, when it became a federal republic after defeat in World War I and the abdication of the Emperor, Wilhelm II.The German...
established a single jurisdiction to try soldiers, with the Reichsmilitärgericht as the supreme court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
. During the First World War, German military law enabled military courts to try not only soldiers but also civilians held to have violated the military law. Especially well-known is the case of Edith Cavell
Edith Cavell
Edith Louisa Cavell was a British nurse and spy. She is celebrated for saving the lives of soldiers from all sides without distinction and in helping some 200 Allied soldiers escape from German-occupied Belgium during World War I, for which she was arrested...
, the English nurse court-martialled and executed in occupied Brussels in 1915 for having helped POW's escape - which was indeed a capital offence under the German military law of the time.
In the Weimar Republic
Weimar Republic
The Weimar Republic is the name given by historians to the parliamentary republic established in 1919 in Germany to replace the imperial form of government...
(1919-1933), separate courts-martial
Court-martial
A court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of...
did not exist - but they were revived in the Third Reich by a special directive of May 12, 1933. The Reichskriegsgericht was established as the high court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
by another directive of September 5, 1936 on the following October 1. In World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
the court convicted not only Wehrmacht
Wehrmacht
The Wehrmacht – from , to defend and , the might/power) were the unified armed forces of Nazi Germany from 1935 to 1945. It consisted of the Heer , the Kriegsmarine and the Luftwaffe .-Origin and use of the term:...
members but also civilian
Civilian
A civilian under international humanitarian law is a person who is not a member of his or her country's armed forces or other militia. Civilians are distinct from combatants. They are afforded a degree of legal protection from the effects of war and military occupation...
s as the first and last resort for the crimes of:
- High treasonHigh treasonHigh treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...
(Hochverrat), - State treason (Landesverrat), primarily espionageEspionageEspionage or spying involves an individual obtaining information that is considered secret or confidential without the permission of the holder of the information. Espionage is inherently clandestine, lest the legitimate holder of the information change plans or take other countermeasures once it...
- War treason (Kriegsverrat), a diffuse term applied to all kind of actions that may affect the military strength like
- Subversion of military strength (WehrkraftzersetzungWehrkraftzersetzungWehrkraftzersetzung is a term from German military law during the Third Reich. In 1938, with Adolf Hitler moving Germany closer to war, the Nazi government issued a decree for the purpose of suppressing any expression or activity opposed to the Nazi regime or the Wehrmacht...
), which encompassed even critical statements - Conscientious objectionConscientious objectorA conscientious objector is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of thought, conscience, and/or religion....
(Kriegsdienstverweigerung) and desertionDesertionIn military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning...
(Fahnenflucht).
Between 1939 and 1945 the Reichskriegsgericht was responsible for over 1,400 executions, including those of the Red Orchestra.
From 1910 until 1919 the Reichsmilitärgericht and from 1936 on the Reichskriegsgericht was based in a building on Witzlebenstraße in the Charlottenburg
Charlottenburg
Charlottenburg is a locality of Berlin within the borough of Charlottenburg-Wilmersdorf, named after Queen consort Sophia Charlotte...
district of Berlin
Berlin
Berlin is the capital city of Germany and is one of the 16 states of Germany. With a population of 3.45 million people, Berlin is Germany's largest city. It is the second most populous city proper and the seventh most populous urban area in the European Union...
. In 1943 the court was transferred to Torgau
Torgau
Torgau is a town on the banks of the Elbe in northwestern Saxony, Germany. It is the capital of the district Nordsachsen.Outside Germany, the town is most well known as the place where during the Second World War, United States Army forces coming from the west met with forces of the Soviet Union...
, where it was based until the end of the war. In 1951 the building became the temporarily base of the Berlin Kammergericht
Kammergericht
The Kammergericht is the Oberlandesgericht for the state of Berlin. Its name differs from Germany's other state courts for historic reasons. There are no other courts called Kammergericht in Germany.-Overview:...
(appellate court), since 2005 it is a private estate.
Current situation
Since 1949, the Federal Republic of GermanyGermany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
has no special military courts. Criminal acts committed by soldiers are tried in ordinary criminal courts by civilian judges.
Art. 96 para. 2 Basic Law
Basic Law for the Federal Republic of Germany
The Basic Law for the Federal Republic of Germany is the constitution of Germany. It was formally approved on 8 May 1949, and, with the signature of the Allies of World War II on 12 May, came into effect on 23 May, as the constitution of those states of West Germany that were initially included...
(Grundgesetz) allows for the creation of specialised military courts in case of war and for soldiers sent abroad, subject to a federal law. Such a law has not been passed.
Smaller offences are being handled by disciplinary courts which are attached to the administrative court system. They may only pronounce disciplinary punishments, but no criminal sentences (e.g. no imprisonment, except 21 days of detention in the watch room).
See also
- Military lawMilitary lawMilitary justice is the body of laws and procedures governing members of the armed forces. Many states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use...
- Court martial
- Command and obedience in the BundeswehrCommand and obedience in the BundeswehrThe principle of command and obedience in the Bundeswehr , along with the concept of "citizens in uniform" , was central to the 1953 idea of "leadership development and civic education"...
- Franz JägerstätterFranz JägerstätterBlessed Franz Jägerstätter, O.F.S., was an Austrian conscientious objector during World War II. Jägerstätter was sentenced to death and executed...
- Karl SackKarl SackKarl Sack was a German jurist and member of the resistance movement during World War II....
- WehrmachtWehrmachtThe Wehrmacht – from , to defend and , the might/power) were the unified armed forces of Nazi Germany from 1935 to 1945. It consisted of the Heer , the Kriegsmarine and the Luftwaffe .-Origin and use of the term:...