## Concept and Definition of Occupation Authorities
Occupation authorities are institutions or state organs of one or more foreign powers which, in the context of a military occupation, exercise sovereign authority over an occupied territory. They assume executive, legislative, and sometimes also judicial functions and replace the existing state structures. The jurisdiction and powers of the occupation authorities generally arise from international legal provisions, in particular from the relevant rules of humanitarian international law.
## Legal Basis of Occupation Authorities
### International Legal Provisions
The key international legal bases for the activities of occupation authorities are found especially in:
– the Hague Regulations of Land Warfare of 1899 and 1907,
– the Geneva Conventions, especially the Fourth Geneva Convention of 1949,
– other relevant international treaties, and
– general customary international law.
#### Specific Provisions of the Hague Regulations
The Hague Regulations obligate occupation authorities in particular to respect the existing laws of the occupied territory and to protect its population, unless doing so would endanger the security of the occupying power or impede the proper administration of the occupied territory (Art. 43 HRL).
#### Rules of the Geneva Conventions
The Fourth Geneva Convention concerns the protection of civilians in times of war. It establishes numerous obligations for occupation authorities, particularly regarding humane treatment, provision of food, medical care, and the protection of family life.
### National Legal Provisions
During an occupation, occupation authorities may suspend existing legal systems in whole or in part and replace them with their own ordinances, orders, or legislative acts. These legal acts generally take precedence over national laws of the occupied territory. Examples include the legislative acts of the Allied occupying powers in Germany after 1945 (laws, directives, orders).
## Functions and Areas of Responsibility of the Occupation Authorities
### Executive Functions
Occupation authorities administer the occupied territory. This includes, among other things:
– Maintaining peace and order,
– Organizing public safety and supply,
– Controlling and directing media and information,
– Issuing passports, visas, and permits.
### Legislative Measures
A central task of occupation authorities is the creation and adaptation of legal regulations, where deemed necessary. For this purpose, occupation administrations issue legal ordinances, orders, and implementation provisions.
### Judicial Influence
Occupation authorities usually establish their own systems of justice or supervise existing courts to ensure their compatibility with the requirements of the occupying power. They may also restrict the jurisdiction of national courts or assign certain offenses to special occupation courts.
## Legal Effects and Binding Force
### Relationship to Existing Law
The law of the occupied territory remains in force unless it is repealed or amended by the occupation authorities. New legal acts of the occupation authorities always take precedence over previous norms, unless their continued validity is expressly provided for.
### Legal Protection and Remedies
In principle, residents of the occupied territory have access to legal protection systems established or confirmed by the occupation authorities. However, access to independent courts may be restricted, depending on the organizational structure and orders of the occupation authorities.
## Example: Occupation Authorities in Germany after 1945
After the end of the Second World War, the Allies (USA, Soviet Union, Great Britain, France) as occupying powers assumed sovereign authority over Germany. They established occupation authorities that:
– enacted the Control Council Law,
– determined administrative structures,
– introduced the Occupation Statute (from 1949 in the western zones),
– implemented denazification and democratization, and
– regulated reparations.
The legislative power of the occupation authorities in Germany was gradually lifted with the entry into force of the sovereignty of the Federal Republic of Germany (1955).
## Limits of the Powers of Occupation Authorities
Due to binding international law, the powers of occupation authorities are limited. According to common international legal opinion, the occupying power is required to respect the fundamental rights and interests of protection of the population. Disproportionate interventions or expulsions of persons are inadmissible unless they are justified by compelling military necessities.
## Aftereffects of Measures by Occupation Authorities
The law continuing from the occupation period generally remains effective unless later repealed by the legislation of the restored or newly established state. Numerous laws, ordinances, and decisions of the occupation authorities continue to have effect today, especially in the area of restitution and compensation.
## Summary
Occupation authorities are entities that, in the context of a military occupation, exercise executive, legislative, and judicial powers over an occupied territory. Their activity is governed by international law, including the Hague Regulations, the Geneva Conventions, and subsequent rules. The legal acts of occupation authorities take precedence over the national laws of the occupied territory insofar as they are necessary to fulfill the purposes of the occupation. The legitimacy, binding force, and aftereffects of such measures must be assessed in light of international law and are particularly important criteria for legal continuity during the transition to national self-administration.
Frequently Asked Questions
Who were the main occupation authorities in Germany after the Second World War?
After the Second World War, Germany was divided by the Allies into four occupation zones, each controlled by the United States, Great Britain, France, and the Soviet Union respectively. In every zone, the respective power established its own military government, which acted as the highest authority of administration and command. The main occupation authorities included the American ‘Office of Military Government, United States’ (OMGUS), the British ‘Control Commission for Germany – British Element’ (CCG/BE), the French ‘Haut Commissariat de la République française en Allemagne,’ and the Soviet ‘Soviet Military Administration in Germany’ (SMAD). There were also joint bodies such as the Allied Control Council, which was intended to coordinate actions between the different zones, but due to political tensions, ceased its operations in practice from 1947. On the legal level, the occupation powers had extensive legislative, executive, and judicial authority, through which they enacted laws, appointed authorities, and controlled the judiciary and police.
What legal foundations governed the work of occupation authorities?
The legal authority of the occupation authorities was primarily based on the Berlin Declaration of 5 June 1945 by which the Allies assumed supreme governmental power over Germany. The exercise of this power took place through military governments acting by means of proclamations, directives, orders, and laws. Germany’s sovereignty was de facto suspended. Within the zones, the military governments set out detailed provisions regarding administration, jurisprudence, denazification, economy, and infrastructure. In the western zones, the so-called ‘Occupation Statutes’ from 1949 governed the relationship between German authorities and the Allied powers, particularly in regard to the limited leeway of the newly founded federal states and later the federal government. Only with the signing of the Germany Treaty and later the entry into force of the Two Plus Four Treaty was the power of occupation finally ended.
In which areas did the occupation authorities exercise direct control?
The occupation authorities exercised control over nearly all areas of public law and social life. They governed matters of legislation, such as in criminal, regulatory, and civil law, and had the right to amend, repeal, or introduce new German laws. The authorities controlled the police forces, the judiciary, the education system, the media, and economic activity. They placed a special emphasis on denazification and democratization of German society, which led to extensive interventions in administration and justice. Additionally, the Allies were entitled, for reasons of their own security and political aims, to annul or revise decisions of German self-governing bodies.
What legal remedies were available to German citizens against measures taken by the occupation authorities?
The legal remedies available to German citizens against measures of the occupation authorities were extremely limited in their effect. As a rule, decisions of the military governments and Allied commandants were binding and not subject to German review. In some cases, the occupation powers allowed complaints or petitions, for example in denazification proceedings or administrative decisions, but the final decision always lay with the respective occupation authority. German judiciary was obliged to implement Allied orders and could not oppose them. Only later, as more competencies were transferred to German authorities, did limited judicial review become possible in individual areas of law.
How was the transition from occupation authority to German sovereignty legally structured?
The transition from Allied occupation authority to German sovereignty was a gradual legal process governed mainly by numerous international treaties, protocols, and agreements. With the entry into force of the Basic Law in May 1949, the Federal Republic of Germany was established; however, occupation authority remained based on the Occupation Statute for the time being. It was not until the Germany Treaty (‘Treaty on the Relations between the Federal Republic of Germany and the Three Powers’) of 26 May 1952, which entered into force in 1955, that substantial sovereignty of the Federal Republic was restored domestically, although with restrictions as to occupation rights (the so-called ‘reserved rights’). The final conclusion came with the Two Plus Four Treaty of 1990, which confirmed Germany’s full sovereignty.
What role did the occupation authorities play in legislation in the respective zones?
The occupation authorities played a central role in legislation, particularly in the immediate postwar period. They were able to revoke, modify, or replace German provisions and to enact new laws themselves. In many cases, they ordered the restoration of legal certainty, for instance by returning civil laws to the status prior to 1933. With the progress of reconstruction, the Allies gradually transferred responsibility for specific areas of law to German institutions, while initially reserving extensive control and veto rights. The Allied influence was especially significant in the drafting of state constitutions and the Basic Law for the Federal Republic of Germany.
Were there differences in the exercise of occupation authority among the various zones?
Yes, the exercise of occupation authority and the legal handling of Germany differed significantly between the four occupation zones. The American and British military governments tended toward rapid democratization and economic recovery and permitted a degree of self-administration relatively early. In contrast, the Soviet zone focused on a comprehensive transformation of society along socialist lines, resulting in profound changes in administrative, judicial, and economic law. The French zone was marked by distinct security interests and a comparatively restrictive approach. These differences shaped the legal frameworks valid in each zone until the entry into force of the Occupation Statute and the Germany Treaty.
