Debellatio

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File:Field Marshall Keitel signs German surrender terms in Berlin 8 May 1945 - Restoration.jpg
Field Marshal Wilhelm Keitel signing the unconditional surrender of the German Wehrmacht.

The term Script error: No such module "Lang". or "debellation" (Latin 'defeating, or the act of conquering or subduing', literally, 'warring (the enemy) down', from Latin Script error: No such module "Lang". 'war') designates the end of war caused by complete destruction of a hostile state. Israeli law-school professor Eyal Benvenisti defines it as "a situation in which a party to a conflict has been totally defeated in war, its national institutions have disintegrated, and none of its allies continue to challenge the enemy militarily on its behalf."[1]

Examples

Carthage

In some cases debellation ends with a complete dissolution and annexation of the defeated state into the victor's national territory, as happened at the end of the Third Punic War with the defeat of Carthage by Rome in the 2nd century BC.[2]

Nazi Germany

The unconditional surrender of Nazi Germany, in the strict sense only the German Armed Forces, at the end of World War II was at the time accepted by most authorities as a case of debellatio as:

Other authorities, supported in the judgements of the German Federal Constitutional Court, have argued that a German state remained in existence from 1945 to 1949, albeit dormant and without any institutional or organisational component, on the basis that:

  • Most of the territory that made up Germany before the Anschluss was not annexed.
  • A German population still existed and was recognised as having German nationality.
  • German institutions such as courts never ceased to exist even though the Allied Control Council governed the territory.
  • Eventually, a German government regained full sovereignty over all German territory that had not been annexed (see German reunification).
  • The Federal Republic of Germany sees itself as the legal continuation of the German Reich.[3][9][10]

The official position of the Allied-occupied government as well all subsequent German governments since has been and remains that the Nazi regime was "illegal"; with laws and verdicts imposed during the Third Reich regularly being declared facially invalid. The Allies did not consider the German people and the Nazis indistinguishable, rather the opposite.[11][12][13] Following the surrender, the Nazi party was and remains to this day outlawed; various restrictions were imposed on former Nazi party members including bans on running for or holding public office, though these laws were later scaled back. Following the end of the Allied occupation, West Germany assumed a certain degree of responsibility for the atrocities committed by Nazi Germany and agreed to make major reparation payments to its victims.[14][15]

Others

See also

References

Template:Reflist

Further reading

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  • ICRC Commentary on Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977. Commenting on the term "The general close of military operations" in Article 3.b of Protocol I the ICRC states in their commentary in footnote 5 "Some of the literature refers to this situation ['The general close of military operations' when the occupation of the whole territory of a Party is completed, accompanied by the effective cessation of all hostilities, without the necessity of a legal instrument of any kind] as 'debellatio', but this is a narrower interpretation of the term than other publicists ascribe to it. On the concept of 'debellatio' and the various definitions of this term, cf. K.U. Meyn, 'Debellatio', in R. Bernhardt (ed.) [Encyclopaedia of Public International Law], Instalment 3, p. 145;"
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External links

  1. ↑ Script error: No such module "citation/CS1".
  2. ↑ "No European state had come to an end, as Germany had, with a 'debellatio', with the dissolution of the enemy state by the victor, a term familiar from Roman history: after three terrible wars, Rome completely annihilated Carthage by means of a 'debellatio'." (Script error: No such module "citation/CS1".)
  3. ↑ a b Eyal Benvenisti, The international law of occupation, Princeton University Press, 2004, Template:ISBN, pp. 92–95
  4. ↑ Breven C. Parsons, (2009), Moving the law of occupation into the twenty-first century, Naval Law Review, published by U.S. Naval Justice School, the pp. 21, 28–30 (PDF pp. 26, 33–35)
  5. ↑ ICRC Commentaries on the Convention (III) relative to the Treatment of Prisoners of War Article 5 "The German capitulation was both political, involving the dissolution of the Government, and military, whereas the Japanese capitulation was only military".
  6. ↑ United Nations War Crimes Commission, Law reports of trials of war criminals: United Nations War Crimes Commission, Wm. S. Hein, 1997, Template:ISBN. p. 13
  7. ↑ The human rights dimensions of population (p. 2, para. 138) UNHCR web site
  8. ↑ Yearbook of the International Law Commission 1993 Volume II Part Two Template:Webarchive pp. 48, last paragraph p. 295
  9. ↑ Detlef Junker et al. (2004). The United States and Germany in the Era of the Cold War, 1945–1990: A Handbook (Vol 2), Cambridge University Press and (Vol. 2) co-published with German Historical Institute, Washington, D.C., Template:ISBN p. 104
  10. ↑ Script error: No such module "citation/CS1".
  11. ↑ Script error: No such module "citation/CS1".
  12. ↑ Script error: No such module "citation/CS1".
  13. ↑ Balfour, p. 263
  14. ↑ Script error: No such module "citation/CS1".
  15. ↑ Script error: No such module "citation/CS1".
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