Term and Definition: Allied Powers
The term Allied Powers, also known as the “Allies” or “Allied Forces,” refers in international law to coalitions of states that join together to carry out military and political operations against one or more common adversaries during wartime. This term is particularly significant in connection with the First and Second World Wars, with the legal foundations and consequences of their actions being established in numerous international agreements, treaties, and resolutions.
Legal Historical Background
The origins of the Allied Powers as a legal term can already be identified in the 19th century, but it was particularly defined and formalized in the 20th century in the course of the World Wars. The legal recognition and categorization of the Allied Powers occurred through international bodies, intergovernmental treaties, as well as resolutions by the League of Nations and later the United Nations. The significance and powers of the Allies were primarily regulated by international agreements.
Legal Foundations and Aspects of International Law
Legal Status of the Allies
Allied Powers obtained their legal status through coalition treaties, cooperation agreements, and formal alliances. Under international law, the formation of coalitions among states to defend common interests is legally permissible, provided their actions are in accordance with existing international norms and treaties.
Examples of Significant Treaties and Agreements:
- Atlantic Charter (1941)
- London Protocol (1944)
- Yalta and Potsdam Agreements (1945)
These documents governed, among other things, cooperation, responsibilities, decision-making mechanisms, and the approach towards defeated states.
Rights and Obligations of the Allies
Legally significant were the rights and obligations arising from the alliance. These included:
- Acts of war under the Hague Convention on Land Warfare
- Protection of human rights in accordance with the Geneva Conventions
- Exercise of occupation rights in defeated states
- Supervision of disarmament, denazification, and democratization
Such obligations and competencies arose directly from international treaties or were subsequently legitimized by international courts.
The Allies in the Context of World War II
Formation and Composition
The Allies in World War II consisted primarily of the “Four Powers”—France, Great Britain, the USA, and the Soviet Union—as well as other states. The legal relations among them were mainly regulated by the “United Nations Declaration” of 1942.
Occupation Law and Control Council
After the war, the principal Allied powers assumed administrative and control authority over Germany and other defeated states. The legal basis of this “occupation law” was established in the “London Agreement” and in the statutes of the Allied Control Council. The Allies enacted laws and regulations with immediate legislative force and administrative authority, for example in the area of demilitarization, reparations, or political reorganization.
Legal Effect of Allied Authority:
- Primacy of Allied orders over national law in the occupied territories
- Assumption of full executive, legislative, and judicial power by Allied command posts and administrative offices
- Creation of the foundations for subsequent, independent constitutions and state institutions according to the will of the Allies
Nuremberg Trials and International Legal Instruments
A key legal instrument of the Allied Powers was the creation and implementation of the Nuremberg Trials, which for the first time established and enforced individual criminal responsibility for war crimes, crimes against humanity, and other violations of international law.
Postwar Order and Continuation of Allied Rights
Continued Validity of Allied Reserved Rights
With the founding of the Federal Republic of Germany and the GDR, certain Allied rights and reservations continued to exist until they were repealed or restricted by international treaties, particularly the Two Plus Four Treaty (Treaty on the Final Settlement with Respect to Germany, 1990). Examples include:
- Stationing rights
- Residual control rights during German reunification
- Interventions in sovereign rights to protect Allied interests
Effects on Current Law
Although specific Allied rights were largely repealed after the conclusion of the Two Plus Four Treaty and the restoration of German sovereignty, numerous regulations and precedents have had a lasting impact on international and national law. They still provide the foundations for enforcing international humanitarian law or procedures in military conflicts and international coalitions today.
Summary
The term “Allied Powers” refers, in international law, to state coalitions that, particularly in times of war, joined together to pursue military, political, and administrative interests jointly. Their rights, obligations, and competencies were comprehensively governed by international treaties, agreements, and conventions. The legal consequences of their actions continue to have an effect today and are significant in the areas of occupation law, postwar orders, and the development of international law.
Frequently Asked Questions
How did Allied authority manifest itself legally on German territory after 1945?
After the unconditional surrender of Germany in May 1945, the four Allied Powers—the United States, Great Britain, France, and the Soviet Union—formally and administratively assumed supreme governmental authority over the territory of Germany. This so-called “Supreme Authority” was legally manifested through the Berlin Declaration of June 5, 1945. All German state authority was declared terminated, and all legislative, executive, and judicial powers were transferred to the Allied military governments. This meant that the Allies were not only de facto, but also under international law, regarded as the sole sovereigns over German territory. Legal acts were governed by Control Council laws, orders, and directives, which were immediately effective and had overriding legal force. The legal foundations of occupation power included the repeal of Nazi laws, fundamental decisions on democratization and the reorganization of political structures, as well as measures for the control and expropriation of key industries. The Control Council in Berlin acted as the legislative body for all of Germany, until its work ended de facto in 1948 and formally in 1955.
To what extent did the Allies influence German legislation in a legally binding manner after 1945?
The Allied Powers intervened directly and with binding legal force in the German legal system by suspending, modifying, or introducing new laws. After the surrender of Germany, every legal act passed by the Allies was considered applicable law either directly (in the form of orders or directives) or via Control Council law. The military governments of the various occupation zones issued independent ordinances and laws, sometimes at the joint Control Council level, sometimes within their own jurisdiction. German law generally remained in force, as long as it was not expressly repealed or amended by Allied instructions, particularly with regard to denazification, the dissolution of Nazi organizations, reorganization of the police, formation of federal structures, and the settlement of the Nazi war economy. The Allies had the right to bypass German courts and establish their own military tribunals, such as for war crimes trials.
What was the legal status of the Allied Control Council’s decisions compared to German law?
The decisions and laws of the Allied Control Council ranked above all German legal norms and were strictly binding for the entire German administration and judiciary. The legal basis for this was the occupation power of the Allies under international law, which derived from Germany’s unconditional surrender and the Berlin Declaration. Control Council laws had the force of law and were either directly applicable or had to be incorporated into German law. Even after the establishment of the Federal Republic of Germany and the GDR, many of these laws continued to exist until they were revised or repealed, such as Control Council Law No. 10 on the prosecution of war crimes.
To what extent could the Allies revise or take over court decisions in Germany?
The Allied occupying powers reserved the right to intervene in all judicial matters, especially where issues of security, denazification, or reparations were concerned. Allied military courts ruled independently of the German court system over serious Nazi crimes, war criminals, and collaborators. They also had the authority to revoke, amend, or mandate new proceedings for German court verdicts. The jurisdiction of German courts was in many areas limited or suspended, particularly for political and military crimes. Only gradually, and following the promulgation of occupation statutes as well as the entry into force of the Basic Law, did German courts regain more authority.
What legal role did the Occupation Statute play for German sovereignty?
The Occupation Statute, which entered into force with the founding of the Federal Republic of Germany in 1949, marked the first partial transfer of state powers to German authorities, but did not grant full sovereignty. Legally, the Allies remained the supreme authority holders, with extensive reserved and intervention rights. The validity of German laws was subject at all times to Allied approval or control rights. Questions of foreign policy, military potential, arms control, and occupation cost administration remained exclusively in Allied hands. Only with the Paris Treaties (1955) and entry into force of the Germany Treaty did the Federal Republic and, shortly thereafter, the GDR obtain more comprehensive sovereign rights.
Within what legal framework did Allied-initiated denazification measures affect German institutions?
The legal basis for denazification was Control Council Law No. 1 (Repeal of the law of the NSDAP) and numerous directives that required the removal of implicated persons from all public offices, businesses, the judiciary, and the educational system. For this purpose, special courts and tribunals were established whose decisions were based on Allied specifications. The implementation and oversight of judgments was initially entirely the responsibility of the Allies before being gradually transferred to German agencies in the western zones. The binding nature of these measures was at all times ensured by Allied control mechanisms, until the general cessation of the denazification process in the early 1950s.
How did Allied occupation authority in Germany legally come to an end?
The legal termination of Allied occupation authority occurred gradually. With the entry into force of the Paris Treaties in May 1955, the Federal Republic formally gained broad sovereignty, though subject to the unresolved issue of Germany and certain Allied rights regarding Berlin and the security of Germany. The so-called Two Plus Four Treaty of 1990 ultimately marked the legal end of all remaining Allied prerogatives relating to all of Germany. With the ratification of this treaty, all Allied powers ceased, rendering Germany, also formally, a fully sovereign state once again.
