The British Summary Court At Wiesbaden, 1926–1929
| Date | 01 November 1944 |
| DOI | http://doi.org/10.1111/j.1468-2230.1944.tb00986.x |
| Author | F. L. Carsten |
| Published date | 01 November 1944 |
BRITISH
SUMMARY COURT
AT
WIESBADEN
215
THE
BRITISH SUMMARY COURT
AT WIESBADEN,
1926-1929
N view of the impending occupation of Germany by Allied
military
forces, the institutions and experiences of the first Allied Occupation
are of renewed interest. In many ways the occupation of 1918-1930,
which was only a partial occupation confined to the Rhineland, and
was
not concerned with “internal” German politics, such
as
the problems
emanating from National Socialism, differs greatly from the coming
occupation: according to recent announcements, the whole of Germany
will
be occupied this time, and the occupation forces
will
intervene very
considerablyin “internal
”
German affairs
:
for example, Nazi organisations
will
be
dissolved and Nazi legislation abrogated. On the other hand,
Germany
as
a whole will be divided into an American, a British, and
a
Russian zone
(as
last time the Rhineland was divided into a British, a
French, a Belgian, and-up to 1g23-an American zone of occupation);
it seems likely that again the various occupying powers will, to a very
large extent, decide on the policy to
be
adopted towards the inhabitants
of their respective zones.
According to the Rhineland Agreement, which was signed with the
Treaty of Versailles on 28th June, 1919, the Inter-Allied Rhineland High
Commission was empowered to ensure, by any means, the security and
satisfaction of
all
the needs of the Armies of Occupation.1 Under these
terms, Military and Police Courts were set up in the four zones of occupa-
tion by the army in question, These worked parallel with the ordinary
German courts; but only the Allied courts were allowed to try infringe-
ments of the ordinances of the High Commission, and all criminal cases
in which any of the following categories were involved: members of the
Arnlies of Occupation
;
their families if issued with a permit of the military
authorities; and all persons employed by the Allied armies,
unless
they
were German.P Offences had to be punishable according to the law of the
occupying nation in question. In addition, the High Commission could
transfer a case, whether civil or criminal, from a German to an Allied
Court,
if
this was considered necessary in the interests of the Forces of
Occupation.* Each occupying power was left to establish
its
own
courts
within its zone of occupation.
The British Summary Court sat at Cologne from 1919 to 1925 and, after
the evacuation
of
Cologne, at Wiesbaden from 1926 to 1929. when the
British Army was finally withdrawn from the Rhineland. The Court was
usually presided over by an experienced British banister holding tempor-
ary military rank. In all cases of minor importance, he sat
as
sole judge
of law and fact, and only when a sentence of more than two years’ imprison-
ment was likely to be imposed, were there from two to five other officers
sitting with him. Another barrister, also of military rank, acted
as
prose-
cutor. He was supplied with evidence by a number of detectives working
I
Article 3
of
the Rhineland Agreement:
M.
AlEhaut,
Les
Libertds
duns
les
Pays
Rhdnans pendant l’Occupation.
Paris,
1925,
p.
151.
*
Article
3
of
the
Rhineland Agreement
:
ibid.
8
Dr.
A.
Kobelt, “Die interalliierte Verwaltung der besetzten Rheinlande,
1918-1930.”
Reich-Volksordnung-Lebensraum,
iv, Darmstadt, 1943,
pp.
460-63
;
Major
N.
Parkes, “The British Summary
Court
in
the Rhineland,”
The
Nine-
teenth Century,
cvii, 1930.
p.
526;
M.
AlMhaut,
@.
cit.,
pp.
41-42.
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