Alderney Concentration Camp: Official Government Inquiry

Announced a few days ago.

‘No more cover-up’: Nazi concentration camps on Channel Island finally to be officially investigated

The United Nations War Crimes Commission Research Office received a report in September 1945.

https://www.legal-tools.org/doc/b63dd5/pdf

 

British bureaucracy at it's worst on display. It will be interesting to see how long it takes to publish a report.

 

Interesting.

Tons of pictures from the other islands here: Bundesarchiv - Bilddatenbank

Alderney - just two: Bundesarchiv - Bilddatenbank

All the best

Andreas

 

Russian archives had a document, according to an article in the Daily Mail: witness statements from 3,000 individuals, apparently. For comparison, the Judge Advocate General obtained about 2,400 affidavits in all from returning allied PoWs from the Far East, although a sworn statement takes much more effort to draft than a brief statement.

How hundreds of prisoners were killed by the Nazis in Channel Islands concentration camps | Daily Mail Online


"By HARRY HOWARD FOR MAILONLINE
PUBLISHED: 14:34, 30 May 2021 | UPDATED: 22:56, 30 May 2021"

"A shocking report reveals how hundreds of Jews and political prisoners were starved or beaten to death by the Nazis' during their occupation of the Channel Islands in the Second World War.

The memo, titled Report on Atrocities Committed in Alderney, 1942-1945, was written by intelligence officer Captain Theodore Pantcheff for the British Government after the island was liberated in 1945 following Nazi Germany's defeat.

It has come to light after the Sunday Times obtained a rare copy which was being held in the Russian archives.

Pantcheff obtained the testimonies of 3,000 witnesses, including former prisoners of war, German soldiers and civilians."

Kew has these documents, including one Treasury Solicitor and two Judge Advocate General files:

WO 208/3728/27 War Office: Directorate of Military Operations and Intelligence, and Directorate of Military Intelligence; Ministry of Defence, Defence Intelligence Staff : Files. PRISONERS OF WAR SECTION. Royal Patriotic School: interrogation of civilians arriving in UK from abroad. Royal Patriotic School: interrogation of civilians arriving in UK from abroad: reports MI19 (RPS) 2106-2154.... | Channel Islands - Alderney | Channel Islands - Alderney. | Held by: The National Archives, Kew 03/05/1944 03/05/1944 Former Reference Dep: 2141A

WO 222/508 War Office: Medical Historians' Papers: First and Second World Wars. REPORTS AND RETURNS. Senior Medical Officers. | Guernsey and Alderney | Guernsey and Alderney. | Held by: The National Archives, Kew 01/06/1940 30/06/1940 -

WO 309/145 War Office: Judge Advocate General's Office, British Army of the Rhine War Crimes Group (North West Europe) and predecessors: Registered Files (BAOR and other series). | Alderney, Channel Islands: ill-treatment of allied nationals | Alderney, Channel Islands: ill-treatment of allied nationals. | Held by: The National Archives, Kew 01/05/1945 31/03/1947 Former Reference Dep: BAOR/WCG 15228/2/C1455

WO 106/4176 War Office: Directorate of Military Operations and Military Intelligence, and predecessors: Correspondence and Papers. WAR OF 1939-1945. NORTH WEST EUROPE. | "Blazing": outline plan to raid island of Alderney | "Blazing": outline plan to raid island of Alderney. | Held by: The National Archives, Kew 01/04/1942 31/05/1942 -

WO 311/106 Judge Advocate General's Office, Military Deputy's Department, and War Office, Directorates of Army Legal Services and Personal Services: War Crimes Files (MD/JAG/FS and other series). | Alderney, Channel Islands: ill-treatment of Russian forced labourers | Alderney, Channel Islands: ill-treatment of Russian forced labourers. | Held by: The National Archives, Kew 01/06/1945 31/05/1947 Former Reference Dep: MD/JAG/FS 9/2

WO 252/56 Admiralty, Inter-service Topographical Department, and Ministry of Defence, Joint Intelligence Bureau Library: Surveys, Maps and Reports. INTER-SERVICE TOPOGRAPHICAL DEPARTMENT. Channel Islands. | Special report on the Island of Guernsey: Island of Alderney | Special report on the Island of Guernsey: Island of Alderney. | Held by: The National Archives, Kew 01/08/1942 31/08/1942 -

TS 26/90 Treasury Solicitor and HM Procurator General: War Crimes Papers. WORLD WAR II, 1939-1945. Description available at other catalogue level. | Channel Islands Refugee Committee and Alderney Relief Committee: Report on the Work of the Two... | Channel Islands Refugee Committee and Alderney Relief Committee: Report on the Work of the Two Committees for the year 1942. | Printed Held by: The National Archives, Kew 01/01/1943 31/12/1943 -

WO 32/19163 War Office and successors: Registered Files (General Series). | Transfer of property owned by Ministry of Defence, Army, to States of Alderney | Transfer of property owned by Ministry of Defence, Army, to States of Alderney. | Held by: The National Archives, Kew 01/01/1948 31/12/1968 Former Reference Dep: 118/CI/393"

 

How bizarre that the daily Mail relied on a copy of a UK investigation held in the Russian Archives.

 

Circa 2015 I attended a talk by a lady from Staffordshire University about Alderney.
It seems that things have moved on since then.

More about the Alderney Archaeology and Heritage Project

‘Adolf Island’: The Nazi Occupation of Alderney

 

Coincidentally on Holocaust Day 2023 I discovered this site: Mr Mason's Boys- German Jewish refugee boys at Buxton College in the 1930s - robertspublications
Whilst not Jewish Lt Bill Beadle was one of Mr Masons Boys attending school alongside some of them.
Mr Mason wrote an Obituary to Lt H N (Bill) Beadle).
One Jewish lad was killed in the US Airforce in Italy August 1944 (his story appears in this blog).
Just before the death of Lt Bill Beadle.

 

The opening of Russian archives saved John Demjanjuk, although an Israeli court had condemned him to death. He wasn't "Ivan the Terrible" but that is another story.

I did try searching for "Alderney" at the Russian archives but got:
"Попробуйте другие параметры поиска." Google Translate: "Nothing found. Try other search options."

I wasn't trying very hard.

Letter about Russian archives:

Russia’s archives still open for business.

 

Said lady, Caroline Sturdy Colls, fronted an excellent programme that was shown on UK television three or four years ago. At that time she was very much being given the old "yes you can no you can't" two-step by the States of Alderney govt. folks regarding digging.
States of Alderney were probably having their chain pulled by the Home Office. There's been a dark spookish hand behind this for years.

Thanks to the work of this lady (and others) the truth will out.

Always remember, never forget,

Jim.

Adolf Island | Smithsonian Channel

 

Some light reading. Much of it grist to the mill.

Kind regards, always,

Jim.

Search - States of Alderney

 

The references on the document referred to at #1 are the UNWCC's R/G/13/9/C and the other reference is "PWIS (H) KP/702."

Hopefully the United Nations Archive, which was a "closed archive" from the early 1950's to about 2013, still has R/G/13/9/C.

Searching at Kew for "PWIS" gives these files. It may be that the (H) means "home." "N"| means Norway. KP/702 is not known. This is not a Judge Advocate General reference: those began FS/.



"WO 165/61 War Office: Directorates (Various): War Diaries, Second World War. Imperial Prisoners of War Committee. | P.W.I. | P.W.I. | Held by: The National Archives, Kew 01/11/1941 30/06/1947 -

WO 165/62 War Office: Directorates (Various): War Diaries, Second World War. Imperial Prisoners of War Committee. | P.W.I.(c) | P.W.I.(c). | Held by: The National Archives, Kew 01/11/1941 30/09/1944 -

WO 165/63 War Office: Directorates (Various): War Diaries, Second World War. Imperial Prisoners of War Committee. | P.W.I.(d) | P.W.I.(d). | Held by: The National Archives, Kew 01/01/1943 31/12/1946 -

WO 165/64 War Office: Directorates (Various): War Diaries, Second World War. Imperial Prisoners of War Committee. | P.W.I.(m) | P.W.I.(m). | Held by: The National Archives, Kew 01/11/1941 30/06/1947 -

WO 208/3458 War Office: Directorate of Military Operations and Intelligence, and Directorate of Military Intelligence; Ministry of Defence, Defence Intelligence Staff : Files. PRISONERS OF WAR SECTION. | CSDIC's and PWIS's: general policy | CSDIC's and PWIS's: general policy. | Held by: The National Archives, Kew 01/01/1943 31/12/1943 -

WO 208/3621 War Office: Directorate of Military Operations and Intelligence, and Directorate of Military Intelligence; Ministry of Defence, Defence Intelligence Staff : Files. PRISONERS OF WAR SECTION. Prisoner of War Interrogation Section (Home). | Prisoner of War Interrogation Section (Home): interrogation reports, P.W.I.S.(H) 1 - 100 | Prisoner of War Interrogation Section (Home): interrogation reports, P.W.I.S.(H) 1 - 100. | Held by: The National Archives, Kew 01/06/1944 30/06/1944 -

WO 208/3622 War Office: Directorate of Military Operations and Intelligence, and Directorate of Military Intelligence; Ministry of Defence, Defence Intelligence Staff : Files. PRISONERS OF WAR SECTION. Prisoner of War Interrogation Section (Home). | Prisoner of War Interrogation Section (Home): interrogation reports, P.W.I.S.(H) 101 - 225 | Prisoner of War Interrogation Section (Home): interrogation reports, P.W.I.S.(H) 101 - 225. | Held by: The National Archives, Kew 01/06/1944 31/03/1945 -

WO 208/5494 War Office: Directorate of Military Operations and Intelligence, and Directorate of Military Intelligence; Ministry of Defence, Defence Intelligence Staff : Files. MI 19 INTERROGATION REPORTS: ALIEN REFUGEES. | MI 19 PWIS: information obtained from POW's | MI 19 PWIS: information obtained from POW's. | Held by: The National Archives, Kew 30/07/1943 28/07/1945 -

WO 311/736 Judge Advocate General's Office, Military Deputy's Department, and War Office, Directorates of Army Legal Services and Personal Services: War Crimes Files (MD/JAG/FS and other series). | War crimes investigation: reports, Norway | War crimes investigation: reports, Norway. | Held by: The National Archives, Kew 01/11/1945 31/01/1946 Former Reference Dep: PWIS(N)/33; 35 and 36"

 

A long report, citing various people and authors. I noted these linked passages:

Link: ‘The Holocaust happened on British soil’: Inquiry into Nazi camps creates bitter divide on Alderney

HMG has announced the inquiry will have a website: Launch of Alderney Occupied website

The actual website itself: Occupied Alderney: The German Occupation of 1940-1945

 

Now The Guardian has a 32m podcast and the text - cited in part:

Link: Uncovering the truth of the Nazi occupation of the Channel Islands - podcast

 

Update:

From: Himmler ordered mass execution of prisoners in Britain’s only Nazi camp, documents reveal

 

On November 22nd 1949 a French court imprisoned two Germans: Heinrich Adler received a sentence of 10 years imprisonment and Adam Evers received a sentence of 7 years imprisonment for cruelty. They ran the concentration camp on Alderney. Witnesses included a leading French pianist, Leon Kartun, and a Dr. Dreyfus. The reports I have read in Australian newspapers do not specify the court, which may have sat in Paris. ( Search "Trove" for "Alderney" for 1949.)

In May 1945 Scotland Yard detectives had been involved in the case, ( report in newspaper found in Trove).

In September 1945 the UNWCC received a dossier with 150 pages of depositions regarding Alderney. ( This was rather unusual for the time in that the case was given such prominence compared with a legion of others.) See ICC website here:


https://www.legal-tools.org/doc/b63dd5/pdf

"Research Office number: R/G/13/9 C File No B - 1a
Report on Atrocities in Alderney 1942-1945: Results of official investigations by British authorities after the liberation of the Channel Islands: deals with crimes against :
(a) foreign workers in the Todt Organisation;
(b) prisoners in the SS. Concentration Camps;
(c) prisoners in the Island gaol.

Attached are depositions covering 150 pages.

Document received fron J.A.G’s Office
(PWIS (H) KP/702)."

CROWCASS later issued the names of Germans wanted by Czech authorities in connection with crimes committed on Alderney.

Only the French seemed to have done anything to bring the perpetrators to justice.

 

A report is due to be published next week.

Another article is here:

Inquiry into Nazi camps on Alderney to examine if there was British cover-up

The following rules taken from Chapter XIV of the Manual of Military Law { January 1936 edition )( which I have thanks to the late Alistair AB64, who scanned over 160 pages for me ) may be mentioned:


" VIII - OCCUPATION OF ENEMY TERRITORY

(i) Establishment of Occupation.

340. The military occupation of enemy territory initiates a special relationship between the occupant and the population {3} involving on each side certain rights and duties. It affects the general administration of the territory, the persons of the inhabitants, both private and public property, and has various other grave consequences. The subject is legislated for in the Hague Rules, Articles
42 to 56.

341. According to these Rules, "Territory is considered occupied when actually placed under the authority of the hostile army. The occupation extends only to the territories where such authority has been established and is in a position to assert itself {4}."

342. This definition is not precise, but it is as precise as a legal definition of such a kind of fact can be, and there should, in practice, be no great difficulty in understanding it.

------------------

{1} See para. 110g.

{2} The word "cartel" has been used for the ship itself, as in the following extract from the Times of 17th November, 1807, reprinted on the 17th November, 1907 : -
"After the recent declaration in the Paris papers that no further intercourse with England could be on any account permitted, and that even the sailing of the Cartels between Morlaix and Plymouth would be prohibited, the town was somewhat astonished yesterday by the report of the arrival of a French Flag of Truce in the Downs. A schooner, bearing the National flag, was said to have passed by Dover at three o'clock on Sunday, under a press of sail, and came into the Downs soon after accompanied by the "Calypso" sloop of war. The Deal letters of yesterday afford no satisfactory information upon this subject."

{3} That is, persons who do not take an active part in the military operations, and are not attached to the army, in particular women and children, the aged, workmen, and cultivators of the soil.

{4} Hague Rules, 42.

--------------------------

^Page 66

343. Invasion is not necessarily occupation, although as a rule occupation will be co-incident with invasion {1}. Reconnoitring parties, flank guards, raiding or flying columns, and similar bodies which move on or retire after carrying out their special mission, cannot, however, be said to occupy the country which they have traversed. They certainly occupy every locality of which they are in possession and where they set up a temporary administration, but such occupation ceases the moment they move on or retire {2}.

344. Occupation must be actual and effective, that is, there must be more than a mere declaration or proclamation that possession has been taken {3}, or that there is the intention of taking possession. It does not take effect merely because the principal forces of the country have been defeated. On the other hand, to occupy a district it is not necessary to keep troops permanently stationed in every isolated house, village, or town. It is sufficient that the national forces should not be in possession, that the inhabitants have been disarmed, that measures have been taken to protect life and property and to secure the prevalence of order, and that, should it be necessary, troops can within reasonable time be sent to make the authority of the occupying army felt. It is a matter of indifference by what means and in what ways the authority is exercised, whether by fixed garrisons or flying columns, by large forces or by small. The manner would usually vary with the density of the population.

345. The fact that there is a fortress or defended zone still in possession of the national forces within an occupied district does not make the occupation of the remainder invalid, provided such fortress is invested {4}. The consent of the inhabitants is in no case necessary ; it suffices that they have not risen in arms, but have passively submitted.

346. It has been proposed as a test of occupation {5} that two conditions should be satisfied: firstly, that the legitimate Government should, by the act of the invader, be rendered of publicly exercising its authority ; secondly, that the invader should be in a position to substitute his own authority for that of the legitimate Government. These conditions afford in most cases a useful guide, but it must not be forgotten that Article 42 of the Hague Rules stipulates distinctly that the authority of the occupant must actually have been established.

347. In the interests of the inhabitants it is most desirable, though in strict law not necessary, that the invader should take measures to make known by proclamation the fact of the establishment of occupation and the area over which it extends. He

-----------------

{1} Early's invasion of Maryland, In July, 1864, is an instance of invasion without occupation.
After the armistices were signed with Germany, Austro-Hungary and Turkey in 1918, the Allied Powers occupied territories in those countries and administered them in accordance with the Hague Rules for a military occupation. These occupations were in many cases continued after peace was signed, the same conditions obtaining.

{2} Although the rules here discussed apply primarily in "occupied territory," they should be observed as far as possible in territories through which troops are passing and even on the battlefield.

{3} Thus it would not be sufficient to post a notice in one part of a district and declare that the whole district was thereby occupied.

{4} Thus when Alsace was declared occupied on the 14th August, 1870, the fortresses in that province were still uncaptured, but except for the sieges it had ceased to be the theatre of active operations.

{5} French Manual, 1893, p. 67.

-------------------------



^Page 67

should at the same time summarize the effects which result from the new state of affairs {1}.

348. It is also desirable, if the locality concerned is not held by an armed force after establishment of occupation, that the authority claimed should continue to be exhibited in some visible manner, for instance, by the presence of a commissioner, or of post or telegraph officials ; by the occasional visits of a few troops ; or by the enforcement of a system of passes.

349. The test of the commencement of occupation is the establishment of the occupant's authority by the presence of a sufficient force following on the cessation of local resistance in consequence of the surrender, defeat or withdrawal of the enemy's forces, and the submission of the inhabitants. In practice the moment may be difficult to determine, but considerable latitude should be allowed.

350. Occupation must not only be acquired but maintained. If the invader is driven out of a district by the enemy or voluntarily evacuates it, or if the district frees itself from the exercise of his authority by a levee en masse, so that the legitimate government is able to resume its authority, occupation at once ceases.

351. Occupation does not necessarily cease because the occupant, after having disarmed the inhabitants and made arrangements for the administration of the district, marches on to encounter the enemy, leaving only a few troops behind.

352. Occupation does not become invalid through the existence of rebellion on the part of the inhabitants, or through occasional successes of guerilla bands. Even a momentary triumphant rebellion is not sufficient to interrupt or terminate occupation, provided that the authority of the legitimate government is not effectively re-established, and further provided that the occupant takes at once such measures as immediately suppress the rebellion. If, however, the power of the occupant is effectively displaced for any length of time his position towards the inhabitants is the same as before occupation.

{ii} General Effects of Occupation.

353. The occupation of enemy territory during war creates a condition entirely different from subjugation through annexation of the territory. During the occupation by the enemy the sovereignty of the legitimate owner of the territory is only temporarily latent, but it still exists and in no way passes to the occupant. The latter's rights are merely transitory, and he should only exercise such power as is necessary for the purposes of the war, the maintenance of order and safety, and the proper administration of the country.

354. It is no longer considered permissible for him to work his will unhindered, altering the existing form of government {2}, upsetting the constitution and the domestic laws, and ignoring the rights of the inhabitants.

-------------

{1} The practice in this matter in past wars appears to have been variable. Frequently the inhabitants were only warned to behave peaceably, not to communicate with the enemy, and to comply with requisitions; as, for instance, when the British troops entered France in 1813 and 1815 (Wellington Despatches, VIII, p. 159, see App. 18 at the end of this chapter). In 1870, the Germans generally, but not always, proclaimed military jurisdiction directly they took possession of a locality by reading or posting a notice (sometimes only one notice in a caution) which gave a list of offences against the troops for which the penalty of death would be inflicted. (Brenet, p. 187).) In 1894, in China, the Japanese proclamations were similar to those issued by the Duke of Wellington. (Ariga, La Guerre Chino-Japanaise, ch. IV, p. 43.) For further examination of the subject see paras. 446 and 447.

{2} As the French armies did at the end of the 18th and commencement of the 19th century.

------------------




^Page 68

355. The occupant, therefore, must not treat the country as part of his own territory, nor consider the inhabitants as his lawful subjects. He may, however, demand and enforce such measure of obedience as is necessary for the security of his forces, the maintenance of order, and the proper administration of the country.

356. The victor is distinctly "forbidden to force the inhabitants of occupied territory to swear allegiance to him" {1}, for they remain the subjects of their sovereign and continue to have patriotic duties to their country.

357. The occupant can claim certain services from the inhabitants and may impose upon them such restrictions as he judges necessary. He can, under certain conditions, use, requisition, seize and destroy their property, and they may in various other ways have to suffer under the effects of the war {2}.

358. The authority of the power of the State having passed de facto into the hands of the occupant, the letter has the duty to do all in his power to restore and ensure, so far as possible, public order and safety {3}.


(iii) Administration of Occupied Territory.

359. The legislative, executive and administrative functions of the national government, whether of a general, provincial or local character, cease on occupation. The civil servants and other officials of the local government may, if the occupant tacitly or expressly consent, continue to perform their ordinary routine duties, but except in case of military necessity they cannot be compelled by force to do so.

360. In most cases the higher officials will have fled or, if still present, will refuse their assistance {4}, and an administration has therefore to be formed {5}; but officials of local authorities not

-----------------

{1} Hague Rules, 45. It is unnecessary to make them take an oath to abstain from hostilities, commonly called an oath of neutrality, for they can be punished, as will be seen, for any departure from the attitude of non-interference in the war.

{2} See, as regards inhabitants, para. 46 ; neutral persons resident in occupied territory, para. 502; and property, para. 405 et seq.

{3} Hague Rules, 43.

{4} For the duties of officials of occupied territory, see para. 393 et seq.

{5} In the Great War, 1914 - 1918, when the Germans invaded and occupied the greater part of Belgium, by a decree dated 26th August, 1914, Field-marshal Baron von der Goltz was appointed Governor-General of Belgium, and on the same date Herr von Sandt was made chief of the civil administration.
By an order of December 3rd, 1914, General von der Goltz was superseded by General von Bissing, who served until his death in 1916, when he was succeeded by General Falkenhausen, who filled the position until the withdrawal of the German armies in the autumn of 1918. Upon the Governor-General was conferred not only the executive but also the legislative power.
With the establishment of German authority in Belgium, many Belgian officials refused to continue at their posts, although there was no such general exodus as took place in France in 1870 - 1871.
The governmental organisation set up in Belgium was divided into two sections, the military section and civil section, both located in Brussels.
The military section was under the directions of the Chief of the General Staff and had charge of matters concerning the army and national safety, including the police, which embraced such matters as communications, surveillance of the Dutch frontier, measures against espionage, passports, military courts, and many others. The civil section was under the direction of a "Verwaltungschef." Its relations were mainly with the civil authorities of the Belgian Government. It exercised a certain supervision over matters of justice, public works, agriculture, finance, and the like. Belgian functionaries who continued in the exercise of their duties were largely under the direction of the chief of the civil section. Belgian legislation remained in force unless expressly modified by the German authorities.
By a decree dated 3rd March, 1917, Belgium was divided into two administrative districts, one embracing the Flemish part (the provinces of Antwerp, Limburg, East and West Flanders, and the districts of Brussels and Louvain ), the other the more distinctly Walloon portions ( the provinces of Hainault, Liege, Luxemburg, Namur, and the district Nivelles ). The former district was to be administered from Brussels, the latter from Namur, and over each a German director was appointed.
This measure was denounced by the Belgians as an attempt to divide the Belgian people, and many officials resigned their posts. ( Garner, Vol. II, 1920. )

-----------------------




^Page 69

directly depending on the central political power, such as those of counties, municipalities, boroughs, and parishes, will generally remain, and their services may conveniently be utilized as agents of order.

361. It is of little consequence whether the government imposed by the invader is called military or civil government {1}, for in either case it is a government imposed by the necessity of war and, so far as it concerns the inhabitants or the rest of the world, the laws of war alone determine the legality of its acts.

362. Political laws and constitutional privileges are as a matter of course suspended during occupation : for instance, the laws affecting recruitment {2} and those concerning suffrage, the right of assembly, the right to bear arms, and the freedom of the press. Special orders may, however, be necessary to make the suspension of the laws known to the population of the occupied territory, for example, an order forbidding able-bodied men of military age to quit the occupied territory {3}.

363. Neither the ordinary civil nor criminal jurisdiction in force in the home territory of the occupant is considered to extend over occupied territory {4}.

364. Therefore the civil and penal laws of the occupied country continue as a rule to be valid, the courts which administer them are permitted to sit, and all crimes of the inhabitants not of a military nature or not affecting the safety of the army are left to their jurisdiction.

365. The officers, men, and followers of the occupying force are not answerable to the jurisdiction of these courts; they are dealt with by the military law of their army {5}.

366. If demanded by the exigencies of war, it is within the power of the occupant to alter or suspend any of the existing laws {6}, or to promulgate new ones, but important changes can seldom be necessary and should be avoided as far as possible.

367. The commander of an occupying army is expressly prohibited from declaring, either in his own name or in that of his

---------------------

{1} It should be noted that by British practice, martial law is proclaimed in British territory, military government in an enemy's country. The regulations of the United States provide for martial law in an enemy's country.
In the Great War, 1914 - 1918, in Palestine, after the capture of Jerusalem by the British forces, a military administration was established to govern the territory under British occupation.
In 1918, after the final advance, the occupied enemy territory was divided into three administrative areas, each in charge of a chief administrator directly responsible to the Commander-in-Chief.
The system of administration was in accordance with the Laws and Usages of War as laid down in the Manual of Military Law, and no departure from the principles laid down was permitted.
In the occupied parts of Turkey, as far as possible the Turkish system of government was continued.

{2} The Germans in France, 1870-1, prevented conscription in the occupied districts.

{3} Hague Rules, 43.

{4} The German military code (Militarstrafgesetzbuch of 20th June, 1872, para.161) made the following provision for the punishment of offences in occupied territory : "A foreigner or a German who, in foreign territory occupied by German troops, commits an act punishable by the laws of the Empire against German troops or their followers, or against any authority established by order of the Emperor, shall be punished exactly as if he had committed it in federal territory."

{5} Thring, 1899, p. 315.

{6} He will naturally alter any laws, the application of which would be detrimental to his military interests.

--------------------




^Page 70

Government, extinguished, suspended, or unenforceable in a Court of Law, the rights and rights of action of enemy subjects {1}.

368. The ordinary courts of justice and the laws they administer should be suspended only when the refusal of the judges and magistrates to act {2} or the behaviour of the inhabitants make it necessary. In such case the occupant must establish courts of his own and make this measure known to the inhabitants.

369. The financial administration passes into the hands of the occupant, but all fiscal laws remain operative. If he collects the taxes, dues, and tolls payable to the State, he is in consequence bound to defray the expenses of the administration of the occupied territory to the same extent as the national government, was liable {3}. The collection must be made, as far as is possible, in accordance with the rules in existence and the assessment in force. The occupant is entitled to appropriate to the use of the army any balance remaining over after the disbursement of these expenses. The occupant may use local rates only for the purposes for which they are raised.

370. The inhabitants of occupied territory expose themselves to the punishments for war treason in case they contribute to funds which enable their legitimate government to prosecute the war {4}.

371. The invader should not change the way of collecting taxes unless compelled to do so by the flight and ill-will of the officials. If a breakdown occurs for this reason {5}, it is a good practice to allot the total sum usually paid among the districts, towns, communities, and parishes, to impose a head tax designed to bring in the same amount, and to make the local authorities responsible for its collection, by imposing a fine upon them for delay, or by otherwise bringing pressure to bear on them {6}.

372. The occupant must not create new taxes, as that is the right of the legitimate Sovereign, and temporary possession does not confer it {6} ; but, as will be seen, he may raise money by contribution {7}.

373. The occupant may place such restrictions and conditions upon all commercial intercourse with the occupied territory as he may deem suitable for his military purpose. He may likewise remove existing restrictions, for instance, suspend the customs tariff in force {8}.

374. He may impose censorship, limit or prohibit telegraphic and postal correspondence, and need not give facilities in these matters to the inhabitants unless the exigencies of war permit it, and unless
the native officials render assistance {9}.

-----------------

{1} Hague Rules, 23 {h}.

{2} See para. 401, second footnote.

{3} Hague Rules, 48.

{4} See para. 441 et seq.

{5} For the duty of officials in occupied territory see para. 393 et seq.

{6} There is no reason why he should not suspend certain taxes. Thus in 1870 the Germans in France suspended the tobacco monopoly. ( Loening, 1872, p. 629.)

{7} See para. 423 below.

{8} The Germans in France, 1870-1, suspended the French custom tariff as between the occupied districts and Germany. ( Loening, 1872, p. 629. )

{9} The Germans in France, 1870-1, after the French postal officials refused assistance, took over the service and received letters but did not distribute them. Sometimes these were handed over en bloc to the Maire, who arranged for their delivery by the former postmen; in other cases it was necessary to call personally for them. The rate of postage was raised 50 per cent. (Brenet, 1902, p. 171.)

-------------------



^Page 71

375. Existing press laws need not be respected. The publication of newspapers may be prohibited, or permitted under restrictions {1}. The circulation of newspapers issued in unoccupied parts of
the country and in neutral countries may be stopped.

376. All means of transportation, public and private, come under the authority of the occupant, and, if he does not seize and utilize them, he may limit their operation {2}.

377. He may withdraw from individuals the right to change residence, restrict freedom of internal movement, forbid visits to certain districts, and immigration, and insist on all persons providing themselves with an identification pass.

378. Public worship must be permitted and religious convictions respected {3}. If the salaries of the clergy are paid by the State they must be continued {4}. The clergy must refrain from reference to politics, and if they use their position to incite the population to resistance or revolt they may be dealt with as war criminals {5}.

379. Similarly schools and educational establishments must be permitted to continue their ordinary activity, provided that the teachers refrain from references to politics and submit to inspection
and control by the authorities appointed. If these conditions are not complied with the establishments may be closed {6}.

380. Hospitals, asylums, and similar institutions must be kept open. All the usual sanitary measures must be continued and such additional precautions ordered as may be considered necessary, the inhabitants being compelled to carry them out. The use of water, fuel, and illuminants may, if necessary, be limited on account of their value as war supplies.

381. In case of necessity the inhabitants may be called on to do police duty, to assist the paid police force in the maintenance of public order, to aid in the extinction of fires or to do any other duty that may be required of citizens for the public good.

(iv) Effects of Occupation on the Population {7}.

382. It has already been stated that obedience to the occupant is one of the implied conditions of the special position accorded to the peaceful inhabitants. Practically they must give to his administration the same obedience, short of acknowledging his sovereignty, which they rendered to their own Government before the occupation. The claim to obedience is, however, limited by the three rules (i) that "a belligerent is forbidden to compel the subjects of the hostile party to take part in the operations of war directed against their own country even if they were in the service

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{1} The Germans in France, 1870-1, demanded that the names of the manager, editor, proprietor, and administrator should be reported at the prefecture, that two signed copies of the journal should be deposited before publication ; that no news about the operations, except that which was communicated by the General Staff, should be issued, and that German official notices should be inserted gratuitously. It was forbidden to publish articles of a hostile tendency or criticisms of the authorities.

{2} Hague Rules, 53. For further information as to transport see para. 415 below.

{3} Hague Rules, 46.

{4} Provided that the occupant collects the taxes, &c., payable to the State. Hague Rules, 48.

{5} See para. 441 below.

{6} The Germans in France, 1870-1, closed three lycees the heads of which refused to permit inspection.

{7} The case of neutral persons resident in occupied territory is dealt with in paras. 465 et seq.

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of the belligerent before the commencement of the war" {1}; (ii), that the services demanded of inhabitants shall be "of such nature as not to involve them in the obligation of taking part in military operations against their own country" {2} ; and (iii) that "a belligerent is forbidden to compel the inhabitants of territory occupied by him to furnish information about the army of the other belligerent, or about its means of defence" {3}.

383. It is the duty of the occupant to see that the lives of inhabitants are respected {4}, that their domestic peace and honour are not disturbed, that their religious convictions are not interfered with, and generally that duress, unlawful and criminal attacks on their persons, and felonious actions as regards their property are just as punishable as in times of peace.

384. In return for this considerate treatment it is the duty of the inhabitants to behave in an absolutely peaceful manner, to carry on their ordinary pursuits as far as is possible, to take part in no way in the hostilities, to refrain from every injury to the troops of the occupant, and from any act prejudicial to their operations, and to render obedience to the officials of the occupant. Any violation of this duty is punishable by the occupant {5}. "

385. No collective penalty,{6} pecuniary{7} or otherwise, may, however, be inflicted on the population on account of the acts of individuals for which it cannot be regarded as collectively responsible.

386. If, contrary to the duty of the inhabitants to remain peaceful, hostile acts are committed by individual inhabitants, a belligerent is justified in requiring the aid of the population to prevent their recurrence and, in serious and urgent cases in resorting to reprisals {8}.

387. An act of disobedience is not excusable because it is committed in consequence of the orders of the legitimate Government, and any attempt to keep up relations with that Government or to act in understanding with it, to the detriment of the occupant, is punishable as war treason.

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{1} Hague Rules, 23, last paragraph.

{2} Hague Rules, 52.

{3} Hague Rules, 44. This rule excludes the impressment of guides. (Hague Conference, 1907, Actes, Vol. III, pp. 123-126.) It is really a special case of Rule 23 (last paragraph); but because the means of acquiring information has thus been expressly limited, it is not to be understood that acts which have not been particularly specified are on that account permissible. Certain countries have made reserves in regard to this Article, and therefore adhere to the ancient right of forcing inhabitants to act as guides. In practice patrols will seek information as heretofore. It has long ceased to be the custom to extort information under threat of death, the value of intelligence supplied under compulsion being very small. (Hague Conference, 1907, Actes, Vol. III, pp. 136-141.)

{4} Hague Rules, 46. See also App. 22 (ii).The respect for their lives means that they must not be arbitrarily killed, and that they shall not be executed without trial.

{5} See para. 441 et seq.

{6} Hague Rules, 50. Yet this does not prejudice the question of reprisals. See para. 435 et seq.
The Japanese in Manchuria by proclamation ordered the inhabitants of a village to concert to prevent the destruction of a telegraph line and a railway within the limits of the village, and notified that the entire village would be liable to a fine in case of damage occurring. Professor Ariga, however, states that the Japanese went no further than menace, and that he knows of no case of a collective punishment being really executed. (Ariga, 1908, p. 388.) It would, of course, be contrary to the Hague Rules to inflict a collective punishment on a village because a bridge for which it had been made responsible, was destroyed by a raiding party of the belligerent forces; but if certain inhabitants concealed such a party on their property they might as individuals be punished.

{7} The levies imposed by Germany in the portions of France and Belgium which she occupied in the Great War, 1914 - 1918, were, therefore, illegal.

{8} See para. 452 et seq.

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388. The personal service of the inhabitants may be requisitioned for the needs of the army. Thus professional men and tradesmen, such as surgeons, physicians, pharmacists, electricians, coach builders, smiths, carpenters, butchers, bakers, etc., employees of gas, electric light, and water works, and of sanitary boards may be called on to render service in connection with their ordinary vocations. The officials and employees of railways, canals, river steamship companies, telegraphs, telephones, postal and similar services, and drivers of transport, whether employed by the State or private companies, may similarly be requisitioned to perform their professional work, provided the services required do not directly concern the operations of war against their own country {1}.

389. The occupant can requisition labour to restore the general condition of the country to that of peace, e.g., to repair roads, bridges, railways and to bury the dead and collect wounded. Inhabitants owe obedience when called on to carry out measures for the ordinary purposes of government, and, as already stated {2} to do police and similar work.

390. It is unusual and would be generally impolitic to requisition the services of inhabitants for the superintendence or organization of labour or work. Yet the authorities may be ordered to provide the number of labourers required for legitimate purposes.

391. The prohibition to compel inhabitants to take part in the operations of war against their own country excludes their being requisitioned to construct entrenchments and fortifications {3}, although nothing prevents their being offered payment to induce them to undertake such work voluntarily. It would, however, not be wise to use inhabitants indiscriminately for such purpose, since they might convey to the enemy information as to the nature of the works.

392. Services for legitimate purposes may, if necessary, be obtained by force, and the refusal to work may be met by punishment. As a rule, however, it will be more politic to offer good wages, because these frequently prove an irresistible attraction in time of war.

(v) The Situation and Duties of Officials in Occupied Territory.

393. Whether Government and local officials should voluntarily remain at their posts, and whether the occupant should continue them in their posts if they consent to stay, will depend on their particular functions and other circumstances. The occupant, except when forced by military necessity, must not compel such persons to remain in office against their will.

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{1} Hague Rules, 52. This would not exclude their being employed to remove wounded or to bring up baggage, supplies and stores.

{2} See para. 386. The distinction between such requisition of personal services as is permitted or not, is a delicate question on which there is some difference of opinion. In order to prevent any misunderstanding it was proposed at the Hague Conference, 1907 (Actes, Vol. III, pp. 120-22) to insert the words "as combatants" after "take part" in Hague Rule, 23, leaving the belligerents free to demand any other service of inhabitants. The proposal, was, however, rejected. Professor Ariga considers an order to repair roads as "irreproachable in law." (Ariga, 1908, p. 463, footnote.)

{3} Hague Conference, Actes, Vol. III, pp. 120-22


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394. Usually such officials will receive instructions from their Government as to the course of action to be pursued {1}, but in the absence of such instructions they will use their own judgment. For the safety of life and property some should remain to hand over civil authority to the invader {2}.

395. In the past Government officials have usually withdrawn, whereas local municipal officials have often remained. It is recognized that they will at times best fulfil their moral duty towards their own people if they continue in office in the presence of the invader {3}. For if they withdraw there will be disorder and confusion ; while if they remain at their posts order and safety are better secured. They should not, however, be called on to act as intermediaries of the occupant, if by so doing they would forward military operations.

398. The general desertion of the officials must occasion the occupant great difficulties. He has to create new organs to execute his decisions, and, as his employees know neither the country nor the people, it will be only after a considerable lapse of time that they can familiarize themselves with their new charge. The inhabitants rather than the invader will suffer by the withdrawal of the judges, magistrates, sanitary and police authorities, and there would be no object in the staff of museums and libraries abandoning their posts. Railway, postal, telegraph, and telephone officials, whether State or otherwise, will, however, almost necessarily cease work.

397. Unless their own acts render their removal necessary, the occupant will in most cases invite officials to remain at their posts, promising to them their salaries.

398. The occupant may require such officials as continue at their posts to take an oath to perform their official duties conscientiously. As such an oath, however, might be objected to by the officials as well as by the population, it will, as a rule, be advisable not to require an oath but merely to ask for an assurance that they will loyally fulfil the service confided to them and will place no obstacle in the way of the occupying force {4}.

399. The occupant need not, enquire into the credentials of officials found in authority at the moment of occupation.

400. It is not a hostile act for an official to resign after having taken service under the occupant or having continued in it.

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{1} The Prussian regulations for the Landsturm, 1813, laid down, "If a town is occupied by the enemy the authorities will be considered suppressed and no one is bound to obey them." In 1886, when Prussia invaded Bohemia the Austrian Government ordered all functionaries, including the police, to abandon the territory.
In Alsace-Lorralne, in 1870, the higher functionaries left, but many of the subordinate ones remained, until a decree of Gambetta, lst November, 1870, ordered them to abandon their employment under penalty of losing of their pensions. Loening, 1872, p. 641.

{2} In particular the police, temporary or otherwise. The complete withdrawal of the Russian administration from Dalny, in 1904, before the arrival of the Japanese, resulted in the looting of the town by the Chinese inhabitants. (Ariga, 1908, p. 352.)

{c} Hague Conference, 1899, p. 148.

{d} The Germans in France, 1870-1, demanded the following declaration of the French postal officials : "I am ready to obey without opposition the orders of the postal authorities established in the French occupied territory by the German troops, and I promise to avoid all that can injure the interests of the German Powers and their armies." In consequence the French officials declined to assist. ( Brenet, 1902, p. 171. )

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401. The occupant being the administrator of the country can remove and instal officials {1}. Even judicial functionaries may be deposed if they refuse obedience to the occupant {2}.

402. The salaries of officials who continue to do duty must be paid by the occupant if he collects the taxes of the occupied territory {3}.

403. Such wrongful acts of officials as constitute ordinary crime are to be punished according to the law of the land, but any act to the disadvantage or damage of the occupying army may be dealt with as war treason {4}.

404. If an official is considered dangerous to the interests of the occupant, he may, according to the merits of the case, be removed, made a prisoner of war, or expelled from the occupied territory.

 

I watched the Adolf Island documentary… a very interesting programme the island’s officials reluctance in any cooperation or information sharing spoke volumes.

 

Hmmmmmm. What did any of us expect?

Time to whitewash those rocks around the flagpole again.

No evidence Alderney was 'mini-Auschwitz', inquiry finds

BBC story broke in Guernsey four hours ago. For me, that in itself speaks volumes.

"It said the Soviet Union had not followed up the  Alderney case and had thus been responsible for the failure to bring the perpetrators to justice, causing much anger among members of the British government."

That's the stuff. Blame those from a union that no longer exists for the lack of investigation as you know there can be no response forthcoming.

Always remember, never forget,

Jim.

 

The French did prosecute one case on Alderney, and did suggest at the UNWCC that Allied authorities follow a joint approach in prosecuting cases involving a single concentration camp, instead of the "national office" approach, or piecemeal prosecutions. { The Russians did not join the UNWCC at the outset in 1943 because the USSR wanted each of the USSR "satellite" nations to have a seat on the Commission. } See also this thread for an event or events in France connected to removals of individuals from Alderney:
Train loaded with prisoners N° 13.251 will divide beyond TOUL: July 27 1944

Later Edit: link to today's publication:

https://assets.publishing.service.g...4/The_Lord_Pickles-Alderney_expert_review.pdf

 

Well there's no surprise.

Inquiry into Nazi camp in Alderney finds succession of cover-ups

Jim.