GERMANY, LEGAL STATUS AFTER WORLD WAR II

1987 ◽  
pp. 191-206
Author(s):  
GEORG RESS
Keyword(s):  
World War Ii ◽  
Legal Status ◽  
World War

Orgány vyšetřování protistátní trestné činnosti vojenských osob po roce 1948

2021 ◽  
Author(s):  
Stanislav Polnar
Keyword(s):  
World War Ii ◽  
Military Personnel ◽  
Legal Status ◽  
Legal Regulation ◽  
The Political ◽  
National Defense ◽  
World War ◽  
Criminal Proceedings ◽  
The Military ◽  
Military Units

Since the end of World War II, the investigation of anti-state delinquency of military personnel was realised by the military intelligence. It originated with Czechoslovak military units in the USSR and were influenced by Soviet security authorities. After 1945 and 1948 these bodies remained in the structure of the Ministry of National Defense, but from the beginning of the 1951 they moved to the structure of the Ministry of the Interior following the Soviet model. The legal status of these bodies was always unclear and did not correspond to the legal regulation. Another important article in the investigation of the political delinquency of soldiers was the military prosecutor’s office as part of the socialist-type prosecutor’s office, which was subjected to general trends in the regulation of criminal proceedings.

Children of State Police Offi cers and Soldiers of the Polish Army in NKVD Special Camps

2019 ◽  
Vol 10 (2) ◽  
pp. 197-213
Author(s):  
Maryla Fałdowska
Keyword(s):  
World War Ii ◽  
Soviet Union ◽  
Legal Status ◽  
Geneva Convention ◽  
International Standards ◽  
Armed Conflicts ◽  
Special Treatment ◽  
Humanitarian Law ◽  
World War ◽  
Protection Measures

The article presents issues concerning juvenile prisoners of three special camps in Kozielsk, Starobielsk and Ostashkov. The author draws attention to the lack of definition of the legal status of minors after 1918, and thus — the lack of provisions on ensuring the safety of children in the international standards governing the treatment of prisoners of war in force during World War II and internal legal acts of the Soviet Union. The article emphasizes that the participation of children in armed conflicts was regulated as late as ten years after the outbreak of World War II in international humanitarian law, adopting on 12 August 1949 “The Geneva Convention relative to the Protection of Civilian Persons in Time of War” (Fourth Geneva Convention), under which children are entitled to special treatment or protection measures. The provisions of conventions protecting children during the war included, among others, regulations concerning the creation of special zones and sanitary facilities, evacuation from the besieged zone, provision of necessary food and clothing, provision of medical and hospital care, education or transfer to a neutral country. The author notes that the Fourth Geneva Convention does not contain a provision on special protection and care for juveniles, and that children during warfare are classified exclusively as civilian population. The circumstances of the Soviet captivity of minors after September 17, 1939, their stay in and leaving the camps, the reasons for selection, after which they were left alive and not included in the “death transports”, described in the article, make it possible to determine the number of rescued and murdered.

scholarly journals Governing refugee space: the quasi-carceral regime of Amsterdam's Lloyd Hotel, a German-Jewish refugee camp in the prelude to World War II

2014 ◽  
Vol 69 (5) ◽  
pp. 365-375 ◽  
Author(s):  
M. Felder ◽  
C. Minca ◽  
C. E. Ong
Keyword(s):  
World War Ii ◽  
Legal Status ◽  
Refugee Camp ◽  
World War ◽  
Jewish Refugees ◽  
Jewish Refugee ◽  
The Status ◽  
German Jewish ◽  
Formed Part ◽  
Lived Spaces

Abstract. Through analysing the correspondence between key refugee camp commanders based at Amsterdam's Lloyd Hotel and different authorities involved in Dutch refugee matters, this paper examines how "the Dutch state" responded to German-Jewish refugees fleeing Nazi Germany in the prelude to World War II. Using a largely Foucauldian approach to discipline, power, security and governmentality to examine the bio-, macro- and micro-politics behind the management of these refugees and their lived spaces, we seek to illustrate how the Lloyd Hotel formed part of a quasi-carceral spatial regime implemented to segregate and contain those with an unclear legal status at a time of political confusion. The article also seeks to show how the involvement of different authorities at different scales brought serious implications for the status, spatial regimentation, mobilities and future of the refugees.

scholarly journals The Legal Status of Jewish Properties after the Second World War

2020 ◽  
Vol 9 (1) ◽  
pp. 141-150
Author(s):  
Camelia Moldoveanu
Keyword(s):  
World War Ii ◽  
Legal Status ◽  
Second World War ◽  
Communist Regime ◽  
World War ◽  
Post World War Ii ◽  
The Holocaust ◽  
Fascist Regime ◽  
Second World

The author examines the legislative means by which the Jewish minority in Romania was dispossesd of its assets prior to World War II by the Fascist regime, and in the wake if this war, by the Communist regime. The study examines how, the post World War II govermennt willfully hindered the restitution of unlawfully taken Jewish assets, and how it has allowed not only the perpetuation of the dispossession which took place during the Holocaust, but has also added measures for the nationalization of Jewish assets. The post 1989 restitution process is also examined briefly, to outline the successive failures of the Romanian Government to enact proper restitution.

scholarly journals Jews or Germans? Nationality Legislation and the Restoration of Liberal Democracy in Western Europe after the Holocaust

2013 ◽  
Vol 31 (2) ◽  
pp. 391-422
Author(s):  
David Fraser ◽  
Frank Caestecker
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
World War I ◽  
Western Europe ◽  
Legal Status ◽  
The State ◽  
Legal Order ◽  
World War ◽  
International Convention ◽  
Paradoxical Situation

Statelessness continues to trouble today's international legal and political spheres. Despite the International Convention Relating to the Status of Stateless Persons, the stateless remain an unwelcome presence and awkward anomaly within an international human rights regime still fundamentally dominated by the nation state structure. In 1945, Marc Vishniak wrote that the stateless were “… restricted in their rights more than any other people and constitute the weakest chain in the link of human rights.” Hannah Arendt, who was herself a Jewish refugee from Germany, placed the enigma of the stateless in an even more central philosophical position. Whereas Visniak emphasized the problematic and marginalized legal status of the stateless within the dominant international paradigm, Arendt proposed a re-imagining of the international legal order, a vision that would prioritize a solution to the situation of the stateless, especially stateless Jews, by “somehow or other restoring to them the inalienable rights of man.” For Arendt, Jewish former citizens of Germany, stripped of their nationality by the Nazi regime, occupied a newly paradoxical situation as empowered and voluntaryHeimatlos,precisely because they now rejected the standard legal normativity of the state/citizen template. Arendt found historical support for her argument about statelessness as both abnormal within dominant international legal thinking, and at the same time strangely empowering, with regard to the situation of the mainly Jewish refugees displaced during World War I. They had fallen outside the protections offered by new succession countries at the end of that conflict, very often by their own decision to refuse incorporation as citizens of the emergent nation states. These Jewishapatridesdiscovered “privileges and juridical advantages in statelessness.” For Arendt, Jewish former citizens of Germany at the end of World War II further embodied a move toward conceptualizing a new international paradigm wherein rights could be sought beyond the traditional bounds of a state-based legal order, precisely because those bounds had been irrevocably shattered by the state itself.

Constraining Denaturalization

2020 ◽  
pp. 003232172096466
Author(s):  
Patti Tamara Lenard
Keyword(s):  
World War Ii ◽  
Democratic Theory ◽  
Legal Status ◽  
World War ◽  
Citizenship Status ◽  
Naturalized Citizens ◽  
Political Events

Citizenship has been treated, since World War II, as a robust political and legal status. Recent political events have prompted the reassessment of the conditions under which it can be justly removed, however. Using the lens of democratic theory, I consider one particular instance of denationalization, namely, the withdrawal of citizenship from naturalized citizens when the granting state believes that the applicant ‘misrepresented’ themselves, that is, engaged in some form of deception, during the process of naturalization. There is an intuitive plausibility to the thought that if an applicant for citizenship lies or fails to provide all of the requested information, she should be denied citizenship. It seems equally plausible that, if citizenship status is nevertheless granted under these conditions, it can be permissibly removed. However, I argue that this conclusion is too quick: to be permissible, denaturalization procedures must be significantly constrained, in the ways that I outline.

scholarly journals Całościowe badania społeczności językowych

LingVaria ◽  
2018 ◽  
Vol 13 (25) ◽  
pp. 227-241
Author(s):  
Michał Głuszkowski
Keyword(s):  
World War Ii ◽  
Legal Status ◽  
Interdisciplinary Approach ◽  
Structural Factors ◽  
Speech Community ◽  
World War ◽  
Contact Linguistics ◽  
Speech Communities ◽  
Depth Study ◽  
Polish Language

Comprehensive Research on Speech CommunitiesEinar Haugen’s theory of “ecology of language”, also known as ecolinguistics and linguistic ecology, is an interdisciplinary approach within linguistic studies. The description of language with its “environment”, i.e. speech community, its history, economic and political situation, legal status and other features, is an important part of many research reports in sociolinguistics and contact linguistics. Despite of the usefulness of non-structural factors in linguistic analysis, one has to admit that many scholars, not only representatives of social sciences but also linguists, tend to concentrate on the sociological or anthropological part of ecolinguistic studies and neglect the question of linguistic phenomena or significantly reduce their description. However, there are certain studies from the field of linguistic ecology which can be characterized as comprehensive approaches in the research on speech communities, where socio-cultural and linguistic questions are paid equal attention. One of the most detailed research reports in this field is Tadeusz Lewaszkiewicz’s monograph on the language of resettlers from Navahrudak and its surroundings after the World War II. This in-depth study of a speech community is a rare example of a multifaceted analysis of idiolectal and generational evolution of the Polish language of the Eastern Borderlands.

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