German military law

German military law has a long history.

History

In 1900 the German Empire established a single jurisdiction to try soldiers, with the "Reichsmilitärgericht" as the supreme court. Separate Court-martials ( _de. Militärgerichtsbarkeit) did not exist in the Weimar Republic (1919-1933), but were revived in the Third Reich by a special directive of May 12, 1933. The "Reichskriegsgericht" was established as the high court by another directive of September 5, 1936 on the following October 1. In World War II the court convicted not only Wehrmacht members but also civilians as the first and last resort for the crimes of:
*High treason ("Hochverrat"),
*State treason ("Landesverrat"), primarily espionage
*War treason ("Kriegsverrat"), a diffuse term applied to all kind of actions that may affect the military strength like
*"Wehrkraftzersetzung", that even encompassed critical statements
*Conscientious objection ("Kriegsdienstverweigerung") and desertion ("Fahnenflucht").

Between 1939 and 1945 the "Reichskriegsgericht" was responsible for over 1,400 executions, including those of the Red Orchestra.

From 1910 until 1919 the "Reichsmilitärgericht" and from 1936 on the "Reichskriegsgericht" was based in a building on Witzlebenstraße in the Charlottenburg district of Berlin. In 1943 the court was transferred to Torgau, where it was based until the end of the war. In 1951 the building became the temporarily base of the Berlin Kammergericht (appellate court), since 2005 it is a private estate.

Current situation

Since 1949, the Federal Republic of Germany has no special military courts. Criminal acts committed by soldiers are tried in ordinary criminal courts by civilian judges.

Art. 96 para. 2 Basic Law ("Grundgesetz") allows for the creation of specialised military courts in case of war and for soldiers sent abroad, subject to a federal law. Such a law has not been passed.

Smaller offences are being handled by disciplinary courts which are attached to the administrative court system. They may only pronounce disciplinary punishments, but no criminal sentences (e.g. no imprisonment).

Commemorative plaques

ee also

*Military law
*Court martial
*Franz Jägerstätter
*Karl Sack
*Wehrmacht

External links

*de icon [http://www.luise-berlin.de/Gedenktafeln/cha/o/opfer_des_reichskriegsgerichts.htm Luise Berlin] - Reichskriegsgericht (Gedenktafel, Geschichte, Literatur)
*de icon [http://www.berlin.de/ba-charlottenburg-wilmersdorf/bezirk/lexikon/reichskriegsgericht.html Berlin-Lexikon: Reichskriegsgericht]