According to International Law, German Governments have
been illegal since the occupying forces overthrew the legitimate government of
Germany in 1945.
On May 1st 1945, according to Adolf Hitler's last will and testament,
Grossadmiral Karl Donitz became the legitimate head of state and supreme
commander if its armed forces.
He alone had the absolute authority to negotiate an armistice with the Allies.
His written power of attorney was absolutely essential for
Generalfeldmarschall Keitel, Generaloberst Stumpff and General-Admiral von
Friedeburg to sign the document of surrender. This act was carried out on May
In doing so the allies clearly accepted that he was the only legal authority
empowered under international law to do so. After the surrender Admiral
Doenitz immediately formed a cabinet, which took full responsibility for
dealing with the problems faced by defeated Germany.
This included emergency measures, the rebuilding of the transport system, the
maintenance of law of law and order, and to secure food supplies. He also
ensured that alleged war crimes would be investigated and brought before
All of these plans were submitted to the Allies for their approval but his
having served his purpose in signing the surrender he was then ignored.
His first thought was to resign but the Reichsprasident and his cabinet
expressed the unity of the Reich. It was pointed out that the surrender
affected only the armed forces and not the German State. Had Donitz resigned
the allies would have got what they really wanted - the excuse to step in with
their own state apparatus.
Gross Admiral Donitz wrote afterwards: "I am convinced that my voluntary
abdication would have been the political mistake which I could have made after
the surrender (Memoirs p.463).
Over three weeks later, when the allies realised that the legal German leader
was not to be so foolish as to surrender the German state to them, they
embarked on a course of action which violated international law and convention.
On May 23rd 1945, the German leader and the German cabinet were ordered aboard
the liner Patria. Once on board the American Chief of Protocol, Rooks accosted
them. (He obviously knew little of protocol). Also present were British
Brigadier Ford and Soviet Major General Truskow, and in tandem a gloating
'American' interpreter by the name of Herbert Cohen. (Surprise, surprise!)
Their statement was read out: "By order of General Eisenhower, I called you
here to have to inform you that the German Government and the Command of the
German Forces with all its members shall be arrested as prisoners-of-war. The
temporary German cabinet is hereby dissolved." British soldiers summarily
arrested and imprisoned the German government.
Thirteen days later the allies had the effrontery to declare: "There is no
central government or authority in Germany capable of accepting responsibility
for the maintenance of order, the administration of the country and compliance
with the requirements of the victorious powers."
Well of course there wasn't a central government. They had just kidnapped,
arrested them and thrown them in gaol. Little matter that in doing so they had
impudently violated the first principle of international law on which they had
declared the war. It was on this basis that the alles seized power.
According to Article. 43 of the Hague Convention, to which the allies were
signatories: 'it is never permitted that the occupying forces change the
system of legislation, jurisdiction or administration. That never under even
military necessities must the aims of the war be executed by military
The biggest irony of all was that the legitimate elected government of Germany,
as recognised under international law, was overthrown by the allies, and a
dictatorship imposed in its place. You doubt me?
Would you believe then the British Commander-in-Chief who put it this way:
"The present occupation in Germany has no precedent and such a situation was
never envisaged by the authors of the Hague Convention. There is no German
Government: the four commanders-in-chief exercises Supreme authority, each in
his own zone of occupation, and also jointly in matters affecting Germany as a
whole. In view of the supreme authority invested in them, there is no limit in
their powers save these, which they choose to adopt.'
Indeed confirmation of the illegal seizure of Germany was provided by the
Supreme Constitutional Court of the Federal Republic of Germany, in a
judgement of July 31st 1973. This emphatically states that 'the state survived
the collapse of 1945, and the founding of the Federal Republic was not the
creation of a new West German state but only the temporary arrangement of a
part of the Reich.'
So there you are, Tommy and Hank, they never told you that when you fought and
died in their war did they?
YOU COULDN'T MAKE IT UP DEPARTMENT
Monday, 25th May 2005. A German politician takes the German Government to
court. He is challenging the constitutional ruling that uniquely (in Europe)
forbids the German people from using referendum to decide on important issues
of state. The ruling was imposed in 1945 by the victor nation leaders –
because referenda in Germany had been abused during the National Socialist
How had it been abused? Because Hitler's Government had given the German
people the power and the right to vote on issues of national importance.
HMAS SYDNEY WAS FIRST. PEARL HARBOR CAME SECOND
Not surprisingly and largely due to the Government's reluctance to release
pertinent documents, * the sinking of the Australian battle cruiser HMAS
Sydney with the loss of 645 crew on November 19, 1941 was credited to the
German raider Kormoran. This would have made her the only warship to succumb
to a raider in the whole course of the war.
The evidence however points to her being sunk by a Japanese submarine in an
action for which the Kormoran's commander was eternally grateful. Five days
later the Australian Navy was still denying all knowledge of the Sydney's fate
whilst the Admiral Commanding was recording in his diary the Naval Board's
findings that she had in fact been sunk by a submarine.
The question being asked is, was the sinking of the HMAS Sydney deliberately
set up to convince Roosevelt that Japan, goaded beyond endurance by an oil
blockade, was intent on fighting a defensive war? Such was Churchill's
desperation to bring America in to the war that the sacrifice of 645 crewmen
would have been a small price to pay. He (and Roosevelt) got their wish when a
fortnight later Pearl Harbor was attacked.
* Churchill wartime correspondence file PREM 3 252/5 and PREM 3 252/6B are
closed 'in the national interest' and may be released in 2011.
THE GENTLE GIANT
It is often asked why the USA didn't get involved in the war much earlier. The
simple fact is that they were in no position to do so. Not only was there
strong domestic resistance to American involvement, it was also militarily
weak. Ranking only 19th among the world's armed forces the U.S. armed forces
in strength and capability were just behind Portugal and a little ahead of