Legal Treatment of Norwegian Patriots after WW2
Treatment of Norwegian Patriots after WW2 p1
Norwegian WW2 History
Volume 2
2000

Dear Aryan Kindred

To-day's story
 

During WW2 the exile Norwegian Government bowed to the Jews and introduced a new set of paragraphs regarding traditors. I have written a letter, The 16 of Mai Agreement, on this topic which can be read at my web-side.
 

Before you read further you should remember that after 7 December 1940 Norway had no legal King and consequently not a legal government. Why? Because the king could according to the Norwegian Constitution not be outside the Norwegian boarders unless he was at war. The king and his government left Norway for Great Britain on June 7, 1940. Norway capitulated for Germany on June 10, 1940. For those who are interested please read the Norwegian/German capitulation agreement at my web-side. The Government on her side was not legal since she had refused to write out an election during the autumn of 1939.
 

Laws as the war started
 

The Paragraphs regarding treason in force as the war started said it was high treason to assist an enemy during a war. These paragraphs are listed in chapter 8 and 9 in the Norwegian penal code.
Before reading this you should know that the Norwegian Constitution only allows the King to give new paragraphs/decrees related to Trade, Customs, Industry and Police. Such decrees would only be in power until the parliament had her next meeting. This is paragraph 17 in the Norwegian Constitution.
New Laws made up in London during WW2
 

New Laws in Norway have to be printed in a news-paper called Rettstidene, a newspaper (these are called White Papers in Anglo Saxon countries) issued by the Government, before it can be an official law. Even if new laws are printed in this paper it takes three weeks before they can be used.
On October 3, 1941 the exile Government made changes to chapter 8 and 9 of Norwegian penal code. They allowed for death penalty in cases were the penalty would be life imprisonment. This was issued in London as a temporary decree, to be official when/if England won the war.
 

On January 22, 1942 the exile government wrote two new amendments - temporary decrees. These temporary decrees were also intended to be official if/when England won the war. These temporary decree said that any person could be sentenced to loss of general trust if they broke any of the Norwegian laws or worked for the Germans. If convicted a person could also lose work if the person worked for the state or in an official position, he could even lose his money and be made liability for the loss Norway would have as a consequence of the German occupation of Norway. The loss of general trust could even be given to members of Nasjonal Samling. (Nasjonal Samling, NS, was a legal political party - the party had participated in all pre-war elections both to the parliament as well as the local elections. The party was represented in many local councils before the war.)
 

On September 3, 1943 a new temporary decree was written. This temporary decrees lifted the limitation on fines which Norwegian could be given if they were found guilty of a crime. This temporary decree said it was no limit to the fine a Norwegian could be sentenced to pay!
 

On December 15, 1944 - some seven months after the exile government had singed the May 16, 1944 Agreement - a new temporary decrees were written, not in London, but in Norway. This temporary decrees were signed in January 1945 in London, but first made official as law after approval in parliament in 1949. But they were used in all trials against the Norwegian patriots from July 1945.
 

Before we look at the temporary decrees, let us read the main part of the May 16, 1844 Agreement signed in London between Norway, USA, UK and Soviet Union - Norway signed three identical agreement, I have copy of the whole agreement between Norway and USA, but only part of the other agreements.
 

The May 16, 1944-agreement
 

The Norwegian authorities will be responsible for taking such measures as they deem proper in respect of those matters usually classified as civil administration matters. CAOs, Civil Administration Officer, charged with civil administration duties will work in close conjunction with CIC, Commander-in-Chief, and other branches, to assist, or arrange with appropriate specialist COAs to assist, the Norwegian authorities when and as requested by them in measures instituted by those authorities in respect of the following matters:
a) Removal and Replacement of Officials.- The removal from office
and if necessary, the arrest of persons who wilfully collaborated with the enemy or who deliberately acted in a manner hostile to the Allied cause.
b) Restoration and Preservation of Civil Rights.
(i) The dissolution of all Nazi inspired organizations and all
laws which discriminate on basis of race, colour, creed, or political opinion which have been imposed upon the Norwegians by the Germans.
(ii) The non-interference with civil rights of individuals and
the permitting of religious worship and such freedom of speech and assembly, consistent with military necessity.
c) Dissolution and Control of Pro-Enemy Factions
(i) The dissolution of political parties and organizations which have collaborated with the enemy
(ii) The arrest and internment of the leaders of the parties and organizations referred to in sub- paras. (b) (i) and (c) (i) above and of any other persons whose detention is considered necessary in the interest of the Allied cause and for the maintenance of order. All such persons who are Norwegian citizens will be turned over as soon as possible to the competent Norwegian authorities.
(You can read all about the May 16, 1944-agreement on my web-side)
 

The December 15, 1944 the temporary Decrees
 

As you understand I can not translate all the temporary decrees of December 15. I will give you the most important ones:
 

Paragraph 2:
1) Those who after this decree it is illegal to have been member or asked for membership after April 8, 1940 in:
a) Nasjonal Samling or organisation connected to this
b) Any organisation which have been acting in discord with this decree
2) Those who after April 8, 1940 have supported such organisation as mentioned under 1, above.
3) Those who after April 8, 1940 have worked for the enemy in such a way which can be deemed un-national.
 

There were a lot of paragraphs on how the members of NS should lose their national pride, money and how they should pay fines, how the government should collect fines it a convict could not pay the fines. The government could even take away a person's farm to pay fines. To take a farm for such purposes is/was illegal according to the Norwegian Constitution, but that did not mater. Just see:
 

Paragraph 11:
Loss a general trust shall involve:
1) loss of right to participate in elections
2) Loss of right to serve in the national army/navy
3) Loss of all public positions which the convicted persons have
4) Loss of possibility to get public occupations
5) Loss of possibility to hold occupations which need public approval/authorization
6) Loss of the possibility to work as self-employed tradesman/woman
7) Loss of any leading position the convict might have had in societies, institutions, or association
8) Loss of right to own or buy:
a) farms, landed property
b) rights following landed property or any property which need licence to buy
c) Loss of right to register ship under Norwegian flag
d) Norwegian stocks or parts in Norwegian industry
 

Who wrote the decrees of December 1944?
 

Erik Solem. Before the war Mr Solem was a judge at the Supreme Court. During WW2 he joined the Homefront. After WW2 Solem stepped down as a judge at the Supreme Court to become presiding judge at Crown Court at Eidsiva, the district surrounding Oslo. Solem also wrote how the decrees of December 1944 should be interpreted.
 

Ferdinand Schjeldrup. Member of the Homefront and member of the Supreme Court both before and after WW2. Schjeldrup left Norway during spring 1944, but he read and corrected part of the decrees after they came to London from Norway
 

Paal Berg. Member of the Homefront and President of the Supreme Court before as well as after WW2. Mr Berg was guided by Mr Schjeldrup. Mr Berg signed a request written by the parliament during the summer of 1940 requestion the King to abdicate. This request was sent to the King as a consequence of negotiations between a committee appointed by the parliament to negotiate how the govern Norway during WW2. As President of the Supreme Court Mr Berg was the highest ranking official in Norway after the King and, Prime Minister and the President of the Storting (The Norwegian Parliament) had left for England. Berg had negotiations with Germany for a separate peace between Norway and Germany - these negotiations ended on June 17, 1940, ten days after Norway signed the capitulation agreement with Germany. On this day, June 17, Mr Berg contacted the Swedish embassy in Oslo to send a telegram to the King asking him to abdicate.
 

The first Trail
 

The first trail against a Norwegian patriot, Haaland, was finished in Supreme Court on August 9, 1945. Mr Haaland was sentenced to death for membership in NS and because he had been a volunteer in Waffen-SS and because he had worked for the German Gestapo in Norway. Haalzand was shot in August 1945.

The Trail against Haaland was later looked upon as the trail which proved the decrees of December 1944 and earlier decrees could be used and that they were legal according to Norwegian laws.
During the trail before the Crown Court at Eidsiva Haaland claimed Norway had after June 10, 1940 NOT been at war with Germany, since Norway had capitulated for Germany on that day. Solem as presiding judge said during passing of the sentence that Norway did not capitulate for Germany, only the Norwegian North Army did capitulate - Haaland should have known that. Consequently Haaland was guilty of treason.

Haaland appealed to the Supreme Court. Before the Supreme Court Haaland's lawyer claimed the paragraphs used was not Norwegian law since the exile government could not give such paragraphs. To this the Supreme Court answered that the Storting /Norwegian Parliament at Elverum on April 9, 1940 had given the government warrant of attorney to write new laws as they felt necessary - this warrant of attorney is called Elverumsfullmakten. Please read about this warrant of attorney at my web-page.
A consequence of the Haaland case was that ordinary membership in NS was illegal and all members of NS could/was judged and sentenced.

The Trondheimavtale and Narvikavtale were not presented during the Haaland-trail. No Norwegian court have ever commented on these two agreements because they were never during any trail presented to the courts. None of the NS-members was allowed by their lawyers to present the agreement, and the public prosecutors did not want to present them. The public prosecutors did not present the Trondheimavtale either. In only one lawsuit the Trondheimsavtale was presented to the court - consequence: the court said it only was an agreement between Germany and The Norwegian 6 Army.
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For those interested in reading about the German-Norwegian capitulation please read the letters I have written on that topic on my web-page. There you also will find a copy of the Capitulation Agreement between Germany and Norway of June 10, 1940, Trondheimsavtalen. You will also find a copy of the Narvikavtalen, capitulation agreement between the German North Army under command of General Dietl and the Norwegian 6. Army, dated June 10, 1940. Sorry but both these agreements are ONLY available in German. If anyone would like to translate the two agreements into English I will post the translation on my web-side.

Heil og sael

 

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