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The Present Status of Denazification (December 31, 1950)

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It cannot be denied that some guilty persons have escaped detection and punishment. It was impossible in dealing with a régime so long existent and so widespread in its ramifications as National Socialism to bring to the bar of justice all who were guilty of participation or collaboration in the misdeeds of the Nazi régime. But a serious effort was made to ascertain guilt and to punish the guilty, while assuring that every individual charged would receive a fair trial in accordance with law.

By the end of 1950 the process of denazification within the Federal Republic was nearing its formal end. The German authorities had by then enacted measures modifying the provisions of the law to exclude from its application nominal Nazis, while leaving the law in operation with respect to active and criminal elements of the party. The various state parliaments had under consideration draft laws for terminating denazification procedures within the respective states. On December 15 the Lower House approved a resolution requesting that the Federal Government recommend to the states the adoption of uniform legislation governing the liquidation of the denazification program. This recommendation did not contemplate the annulment of all denazification decisions but suggested dates to be incorporated into state laws which would assure simultaneous action in the termination of proceedings. Specific criteria were set up to guide the actions of the states. In general, these involved a broad relaxation of restrictions, particularly as applied to categories III, IV, and V. The recommendation emphasizes, however, that prosecutions for any crime committed by Nazis are to be continued.

These recommendations, if carried into effect, would bring about the termination of virtually all denazification operations by April 1, 1951. It was proposed that the Federal Government and the states work out a plan to abandon Nazi classifications III, IV and V by January 1, 1951; to lift all reemployment restrictions, with the exception of those involving categories I and II, by March 31 and to lower all property barriers and restore election rights to all classifications by April 1. Thus it would appear that formal denazification will come to an end early in 1951.

Final evaluation of the denazification program is a task for the historian. It is even too soon to determine whether its implementation by the German authorities since it was turned over to them can be called a success or must be adjudged a failure.

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