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Chapter VII The Transfer <strong>and</strong> its Legal Aspects<br />

whom, in <strong>the</strong> hour <strong>of</strong> <strong>the</strong>ir success, <strong>the</strong>y<br />

openly approved <strong>and</strong> blindly obeyed.”<br />

The political principles agreed on<br />

included rules <strong>of</strong> <strong>the</strong> occupation regime<br />

<strong>and</strong> <strong>the</strong> role <strong>of</strong> <strong>the</strong> Control Council <strong>of</strong><br />

Control in Germany. The members <strong>of</strong><br />

<strong>the</strong> Council exercised supreme authority<br />

in Germany each in his own zone <strong>of</strong><br />

occupation, <strong>and</strong> also jointly. All political<br />

<strong>and</strong> military groups were to be abolished<br />

in order to prevent a resurgence <strong>of</strong><br />

German militarism <strong>and</strong> Nazism. In<br />

addition to individual responsibilities,<br />

<strong>the</strong> established political aims included:<br />

“To convince <strong>the</strong> German people that<br />

<strong>the</strong>y have suffered a total military defeat<br />

<strong>and</strong> that <strong>the</strong>y cannot escape<br />

responsibility for what <strong>the</strong>y have brought<br />

upon <strong>the</strong>mselves, since <strong>the</strong>ir own<br />

ruthless warfare <strong>and</strong> <strong>the</strong> fanatical Nazi<br />

resistance have destroyed German<br />

economy <strong>and</strong> made chaos <strong>and</strong> suffering<br />

inevitable.”<br />

It was also decided to control German<br />

education : “so as completely to eliminate<br />

Nazi <strong>and</strong> militarist doctrines <strong>and</strong> to<br />

make possible <strong>the</strong> successful<br />

development <strong>of</strong> democratic ideas.”<br />

The Allies were convinced that it was<br />

necessary to eradicate not only Nazism,<br />

but also <strong>the</strong> militaristic <strong>and</strong> o<strong>the</strong>r<br />

<strong>the</strong>ories that led to <strong>the</strong> development <strong>of</strong><br />

Nazism, in order to prevent a resurgence<br />

<strong>of</strong> German aggressiveness which had<br />

already exposed <strong>the</strong> world several times<br />

to great danger.<br />

As to reparations, aside from Pol<strong>and</strong><br />

whose reparation dem<strong>and</strong>s were to be<br />

satisfied from its own share by <strong>the</strong> Soviet<br />

Union, <strong>the</strong> reparation dem<strong>and</strong>s <strong>of</strong> <strong>the</strong><br />

United States, Great Britain <strong>and</strong> o<strong>the</strong>r<br />

countries were to be satisfied from <strong>the</strong><br />

Western zones <strong>of</strong> occupation <strong>and</strong><br />

through <strong>the</strong> confiscation <strong>of</strong> German<br />

foreign property. States who had claims<br />

to this share met in December, 1945, at a<br />

Reparation Conference in Paris. The<br />

confiscation <strong>of</strong> German property in<br />

Czechoslovakia was in accord with <strong>the</strong><br />

conclusions <strong>of</strong> <strong>the</strong> Paris conference <strong>and</strong><br />

with preceding documents issued by <strong>the</strong><br />

Allies.<br />

The rules for <strong>the</strong> forced transfer <strong>of</strong> <strong>the</strong><br />

German population <strong>of</strong> Czechoslovakia<br />

272<br />

were set at <strong>the</strong> Potsdam Conference,<br />

taking <strong>all</strong> this into account. The<br />

legitimacy <strong>of</strong> <strong>the</strong> transfer was never<br />

questioned. The delaying <strong>of</strong> fur<strong>the</strong>r<br />

transfers was justified by <strong>the</strong> enormous<br />

workload <strong>of</strong> <strong>the</strong> occupation authorities at<br />

that time. The Control Council was to<br />

evaluate fur<strong>the</strong>r transfers to ensure: “that<br />

those Germans were shared fairly among<br />

<strong>the</strong> individual occupation zones.” From<br />

<strong>the</strong> speeches <strong>of</strong> Churchill <strong>and</strong> Stalin, as<br />

well as from o<strong>the</strong>r materials, it is clear<br />

that <strong>the</strong> legitimacy <strong>of</strong> <strong>the</strong> transfer was<br />

never doubted. While Stalin claimed at<br />

first that <strong>the</strong> transfers were already<br />

concluded, Churchill was saying that in<br />

reality <strong>the</strong>y had not yet started, <strong>and</strong> <strong>the</strong><br />

US Secretary <strong>of</strong> State Byrnes dem<strong>and</strong>ed<br />

a halt to <strong>the</strong> forced transfers, requesting<br />

closer co-operation during fur<strong>the</strong>r<br />

transfers in order to distribute <strong>the</strong><br />

burden equ<strong>all</strong>y among <strong>the</strong> occupying<br />

powers, <strong>all</strong> <strong>the</strong> occupation zones. After<br />

<strong>the</strong> Potsdam Conference, <strong>the</strong> transfer <strong>of</strong><br />

<strong>the</strong> German population <strong>of</strong><br />

Czechoslovakia proceeded in accordance<br />

with <strong>the</strong> above-mentioned note <strong>of</strong> <strong>the</strong><br />

Three Powers.<br />

It was up to <strong>the</strong> states from which <strong>the</strong><br />

forced transfers took place to set <strong>the</strong>ir<br />

own criteria for <strong>the</strong> selection <strong>of</strong> groups <strong>of</strong><br />

<strong>the</strong>ir German population that would be<br />

subject to transfer, <strong>and</strong> <strong>the</strong> groups that<br />

would be <strong>all</strong>owed to remain.<br />

Czechoslovakia selected as one <strong>of</strong> its<br />

criteria <strong>the</strong> previous attitude <strong>of</strong> each<br />

individual towards <strong>the</strong> democratic<br />

Czechoslovak state, <strong>and</strong> expressed this<br />

criterion in <strong>the</strong> Constitutional Decree<br />

No. 33 Coll., <strong>of</strong> August 2, 1945,<br />

concerning <strong>the</strong> withdrawal <strong>of</strong><br />

Czechoslovak state citizenship from<br />

persons <strong>of</strong> German <strong>and</strong> Hungarian<br />

<strong>nationality</strong>, based on <strong>the</strong> government<br />

proposal <strong>and</strong> issued by <strong>the</strong> President <strong>of</strong><br />

<strong>the</strong> Republic with <strong>the</strong> agreement <strong>of</strong> <strong>the</strong><br />

Slovak National Council.<br />

Constitutional Decree No. 33/1945<br />

Coll., took into account <strong>all</strong> previous<br />

unilateral <strong>and</strong> bilateral acts pertaining to<br />

state citizenship, including <strong>the</strong><br />

Czechoslovak-German agreement on<br />

state citizenship <strong>and</strong> options <strong>of</strong><br />

November 20, 1938, <strong>and</strong> considered

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