Expert opinion on reparation claims

The Basic Law for the Federal Republic of Germany is not a treaty under international law, but a declaration of self-commitment by the nationals of the German Reich, which has fallen under international law. It defines the Federal Republic of Germany.

 

The definition of Germans within the meaning of the Basic Law for the Federal Republic of Germany is defined in Article 116: German within the meaning of the Basic Law is ...

 

2.7.1 Article 116

(1) Unless otherwise provided by a law, a German within the meaning of this Basic Law is a person who possesses German nationality or who has been admitted to the territory of the German Reich within the boundaries of 31 December 1937 as a refugee or expellee of German ethnic origin or as the spouse or descendant of such person.

 

If the German Reich were not listed here as of December 31, 1937, one could say that: "... who possesses German nationality ...." refers to the nationality of the German Reich. But then a German within the meaning of the Basic Law would also be a Russian national of German descent in Kaliningrad (Königsberg).

What should German mean within the meaning of Article 116 of the Basic Law?

 

Nationality defines the law to which the national is subject. This right shall also be granted to a national in the case of occupation under Article 43 of the Hague IV. Convention, ordre public. The law of the German Reich, however, was ultimately the arbitrary law of the National Socialists.

This laws was expressly prohibited by the Potsdam Agreement and subsequent proclamations and Control Council Laws.

 

What law within the meaning of Article 116 of the Basic Law is meant?

German law is governed by international law in Article 116 of the Free City of Danzig Constitution, with the Permanent International Court of Justice as the supreme court above. Article 116 of the Basic Law thus refers to Article 116 of the Danzig Constitution. Accordingly, it is in the possession of German nationality, who is in possession of German law under Article 116 of the Danzig Constitution.

Refugees and displaced persons of German ethnicity, who have been admitted to the territory of the German Reich, are therefore the nationals of the extinct German Reich. The German Reich no longer exists under international law. The nationals of a state which has perished under international law are nothing other than refugees under international law.

In addition, there is Article 116 of the Basic Law subsection 2

 

(2) Former German citizens who between 30 January 1933 and 8 May 1945 were deprived of their citizenship on political, racial or religious grounds, and their descendants, shall on application have their citizenship restored. They shall be deemed never to have been deprived of their citizenship if they have established their domicile in Germany after 8 May 1945 and have not expressed a contrary intention.

 

2.7.2 The „Gleichschaltungsgesetze“ (forcing into line laws)

With the "Gleichschaltungsgesetzen", especially with the law of January 30, 1934, the Reichstag passed the law on the rebuilding of the Reich. Thus the sovereignty, and the nationality of the countries of the German Reich were abolished. There was only the nationality of the German Reich. This was done with reference to the Reich and Nationality Law of 1913.

 

2.7.3 The Reich and Nationality Law of 1913

However, the Reich's nationality referred to the German colonies and was not a nationality in terms of international law. The German colonies became no country, no state of the German Reich. For example, the Courts Constitution Act or the Civil Code has not become binding.

 

2.7.4 Summary "German within the meaning of the Basic Law is ..."

Article 116, subsection 1 who is in possession of German nationality, i. e. who is in possession of German law within the meaning of the Basic Law. These are the nationals of the Free City of Danzig to whom German law is guaranteed at the time of Jan. 1920. That is the right here Civil Code, and so on, of the German Reich at the time of 1920

or

was admitted as a refugee or displaced person of German ethnic origin on the territory of the German Reich on Dec. 31, 1937.

 

Article 116 (2)

Former German nationals, who between the 30th of January 1933 ...

It is thus stated that a German within the meaning of the Basic Law is anyone who possessed German nationality before January 30, 1933 and was thus in possession of German law at that time. This is essentially the same law, here for example the Civil Code at the time of Jan. 1920.

The „Gleichschaltungsgesetze“ abolished the nationality of the German Länder and thus withdrawing German nationality for political reasons. Thus, the right to, for example, the legal provisions of the Civil Code - for example, the right to receive a judgment in according with the legal provisions of §§ 125, 126 Civil Code with the original signature of the judge - was withdrawn.

This abolition of nationality of the Länder was not for organizational reasons, but political.

 

Under Article 116 of the Basic Law, the "nationals of German Reich", as displaced persons and refugees became Germans within the meaning of the Basic Law, unless they didn´t express an opposing will - Private law/personnel statute/personnel sovereignty takes precedence over state law.

 

A declaration of will also comes about through action. Anyone who submits to a judge who is not determined under Article 101 of the Basic Law does not submit to a judge of the Basic Law and thus to a judge of the Federal Republic of Germany, but to a judge outside the Federal Republic of Germany. Someone who accepts a court ruling that is not signed with the original signature of the judge, acknowledges that he is not subject to the law, for example, the Civil Code and thus is not a German within the meaning of the Basic Law.

 

The self-commitments in the Basic Law are essentially:

Articles 116, 16, 25, 79, 120, 133 but of course others such as Article 101 and Article 97.

Article 116 defines as applicable law, the right under Article 116 of the Danzig Constitution, in accordance with Article 43 of the Hague IV. Convention towards the nationals of the Free City of Danzig.

Since they are in the possession of German nationality within the meaning of Article 116, the following applies to them: Article 16 of the Basic Law: No German may be deprived of his nationality, therefore his right.

This obligation applies to every inhabitant of the Federal Republic of Germany.

Article 25 The general rules of international law shall be an integral part of federal law. They shall take precedence over the laws and directly create rights and duties for the inhabitants of the federal territory.

Article 79 by analogy, stipulates that the Basic Law can not be amended insofar as it concerns questions of peace, occupation law or defense law.

Article 120 obliges to: The federal government bears the costs of war and occupation.

In Article 133, the nationals of the extinct German Reich have accepted the obligations of the Allies towards the nationals of the Free City of Danzig.

This also includes the provisions of Article 101 for the determination of legal judges and Article 97 on the independence of judges.

 

The London Debt Agreement of 1953 clarifies that reparations can still be made by all Germans - see quotation.

 

London Dept Agreement:

Article 25 Procedure for the reunification of Germany.

The term "Germany" defines the German Reich.

 

The German Reich is defined according to the Gleichschaltungsgesetz / Reich´s nationality law of 1934 and the subsequent laws, the arbitrary law of the German Reich.

 

Again: The free will decision also by action goes before the state law and thus the personnel statute, the personal sovereignty goes before the territorial principle. The reunification of Germany is therefore not meant in the territorial sense, but in reunification under arbitrary law.

 

 

2.7.5 The Law of Renouncement of the German Reich Nationality of Febr. 22, 1955.

It was only allowed to make use of it for those who had previously been granted German nationality by force, such as the nationals of the Free City of Danzig.

 

According to Art. 5.2 of the London Debt Agreement, the Free City of Danzig and its nationals are among the states that still have to receive reparations.

By contrast, Article 25 of that agreement provides that all inhabitants of the Federal Republic of Germany are to be used for reparations. However, the obligations and rights, especially the Hague IV. Convention, were directly imposed on them by Article 25 Basic Law - here as a reminder of the violation of Article 25 of the Hague IV. Convention on the Free City of Danzig.

 

Nationals of the Free City of Danzig are in possession of German nationality within the meaning of Article 116 and are thus in the possession of German law within the meaning of Article 116. Anyone who possesses a nationality may violate the law of the state, but thereby lose it not his nationality and related rights.

 

Mr Tom Adalbert von Prince, a national of the Free City of Danzig, made use of the Law of Renouncement of the German (Reich)  Nationality and filed damages at the United Nations in New York amounting to approximately 10.000.000,-Shs. In keeping with the London Debt Agreement, he has received a partial compensation of approximately 275.000,-Shs from the United Kingdom of Great Britain and Northern Ireland.

 

Logically, he may not be forced to pay for reparations under the London Debt Agreement. Mr. Tom Adalbert von Prince, was sent to Germany after the outbreak of World War II and was forced to join the Wehrmacht. He has eluded from this and has at risk of death „Wehrkraftzersetzung“ (activities affecting armed forces) operated. He has been tortured, has lost all his teeth and suffered further health problems. He never got compensation for it. On the other hand, the nationals of the German Reich and the Austrians have received pensions for their acts of war.

 

Despite the use of the Law of Renouncement of the German Reich Nationality, Mr. von Prince remained in possession of German nationality within the meaning of the Basic Law. What then do those possess who were not allowed to make use of this law?

 

According to the electoral laws of the Federal Republic of Germany, those who made use of the Law of the Renouncement of German Nationality have obtained the legal status / privilege of not being allowed to become representative of the Federal Republic of Germany. They have no responsibility for the legal development. Danzig could change their law anyway only with the express consent of the League of Nations / legal successor United Nations.

 

The London Debt Agreement was a prerequisite for the partial sovereignty of the Federal Republic of Germany and the State Treaty with Austria of May 15, 1955.