Control Council Directive No. 38: The Arrest and Punishment of War Criminals, Nazis, and Militarists and the Internment, Control, and Surveillance of Potentially Dangerous Germans.
The Control Council directs as follows: —
The object of this paper is to establish a common policy for Germany covering:
(a) The punishment of war criminals, Nazis, Militarists, and industrialists who encouraged and supported the Nazi Regime.
(b) The complete and lasting destruction of Nazism and Militarism by imprisoning and restricting the activities of important participants or adherents to these creeds.
(c) The internment of Germans, who, though not guilty of specific crimes are considered to be dangerous to Allied purposes, and the control and surveillance of others considered potentially so dangerous.
(a) Potsdam Agreement, Sec. III, Para. 3, I(a);
(b) Potsdam Agreement, Sec. III, Para. 3, III;
(c) Potsdam Agreement, Sec. III, Para. 5;
(d) Control Council Directive No. 24;
(e) Control Council Law No. 10, Article II, Para 3 and Article III, Paras. 1 and 2.
3. The Problem and General Principles
It is considered that in order to carry out the principles established at Potsdam, it will be necessary to classify war criminals and potentially dangerous persons into five main categories and to establish punishments and sanctions appropriate to each category. We consider that the composition of categories and the nature of penalties and sanctions should be agreed in some detail but without limiting in any way the full discretion conferred by Control Council Law No. 10 upon Zone Commanders.