German Instrument of Surrender - Background

Background

Preparations of the text of the instrument of surrender began by US, Soviet and British representatives at the European Advisory Commission (EAC) throughout 1944. By 3 January 1944, the Working Security Committee in the EAC proposed

that the capitulation of Germany should be recorded in a single document of unconditional surrender.

The committee further suggested that the instrument of surrender be signed by representatives of the German High Command. The considerations behind this recommendation were to prevent the repetition of the stab-in-the-back legend, created in Germany following defeat in the First World War, since the act of surrender in November 1918 was signed by representatives of the German government and the militarist circles later claimed that the High Command was not responsible for that defeat.

Not everyone agreed with the Working Security Committee's predictions regarding the war's end. William Strang, 1st Baron Strang, British representative at the EAC, claimed as follows:

It is impossible at present to foresee in what circumstances hostilities with Germany may in the end be suspended. We cannot tell, therefore, what mode of procedure would be most suitable; whether, for example, it will be found best to have a full and detailed armistice; or a shorter armistice conferring general powers; or possibly no armistice at all, but a series of local capitulations by enemy commanders.

The surrender terms for Germany were first discussed at the first EAC meeting on 14th January 1944.

On 14 March 1945, the EAC held a meeting with the representatives of Czechoslovakia, the Netherlands, Belgium, Luxembourg, Norway, Yugoslavia and Greece on the issue of the instrument of surrender. The Czechoslovakian government proposed the document shall include a paragraph against acquisition of territories by force and would mention the responsibility of the German state to the war. The governments of Belgium, Netherlands and Luxembourg, concerned with their positions as small Allied nations, recommended that the instrument of surrender shall include a specific acknowledgement of the part to be played by the small countries in the control of Germany. The Norwegian government requested the document to include specific reference to the demand of surrender of the German troops in Norway. The Yugoslav government declared its intention to refrain from any specific recommendations until an agreement on unity government was reached between Josip Broz Tito and Prime Minister Ivan Šubašić. The Greek government requested to include in the document a demand to all German forces that may remain on Greek territory at the moment of surrender to surrender their military equipment to the Greek Royal government.

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