It should be borne in mind that the only changes in the Protocol subsequent to February 6, 1945, when it came into force, were the amendments relating to the French occupation rights. The French Zone of Occupation and French Sector of Berlin were carved out from the American and British Zones and Sectors so that the amendments did not effect any change as between the U.S.S.R. and the Western powers in the fundamental allocation of authority in Germany.
The relationship of the occupying powers in Germany was further clarified by the work of the European Advisory Commission in connection with the agreement on control machinery in Germany. On November 14, 1944, an agreement was reached in the Commission with regard to the organization of the allied control machinery in Germany in the period during which Germany would be carrying out the basic requirements of unconditional surrender. On May 1, 1945, agreement was reached to include the Provisional Government of the French Republic in the control agreement.
This agreement, in its final form, provides that:
Supreme authority in Germany will be exercised, on instructions from their respective Governments, by the Commanders-in-Chief of the armed forces of the United States of America, the United Kingdom and the Union of Soviet Socialist Republics, [and] the Provisional Government of the French Republic each in his own zone of occupation, and also jointly, in matters affecting Germany as a whole, in their capacity as members of the supreme organ of control constituted under the present Agreement.
It also provided, with respect to Berlin (article 7(a)):
An Inter-Allied Governing Authority (Komendatura) consisting of four Commandants, one from each Power, appointed by their respective Commanders-in-Chief, will be established to direct jointly the administration of the “Greater Berlin” area. Each of the Commandants will serve in rotation, in the position of Chief Commandant, as head of the Inter-Allied Governing Authority.
This agreement, unlike the Protocol on Zones of Occupation, contained a provision with respect to duration (article 10):
The allied organs for the control and administration of Germany outlined above will operate during the initial period of the occupation of Germany immediately following surrender, that is, the period when Germany is carrying out the basic requirements of unconditional surrender.
On May 7 and 8, 1945, the Acts of Military Surrender were signed, by which the German High Command surrendered “unconditionally to the Supreme Commander, Allied Expeditionary Force and simultaneously to the Supreme High Command of the Red Army,” all forces under German control.
At the time of the surrender of the German military forces, British and United States military forces held by force of arms all of Germany west of a line running from Wismar to Magdeburg to Torgau to Dresden. This area included practically all of the German territory which has been allotted to the Western powers under the Protocol of Zones of Occupation, and a very substantial portion of the territory allocated to the Soviet Zone. Of interest also is that the Western powers had, in the weeks prior to the German surrender, rejected German offers to surrender or withdraw German forces on the western front while holding on the east against the Soviet forces and thus permit the Western Allies to occupy all of Germany. Faithful to their agreements with the Soviet Union respecting the joint nature of the defeat of the Nazi regime and joint assumption of supreme authority in Germany, the Western powers repulsed these proposals.
print version
return to list
previous document