German Instrument of Surrender
The German Instrument of Surrender was a legal document effecting the unconditional surrender of the remaining German armed forces to the Allies, ending World War II in Europe. It was signed at 22:43 CET on 8 May 1945 and took effect at 23:01 CET on the same day.
The day before, Germany had signed another surrender document with the Allies in Reims in France, but it was not recognized by the Soviet Union, which demanded among other things that the act of surrender should take place at the seat of government of Nazi Germany from where German aggression had been initiated. Therefore, another document needed to be signed. In addition, immediately after signing the first document, the German forces were ordered to cease fire in the west and continue fighting in the east. Germany under the Flensburg Government led by the head of state, Grand-Admiral Karl Dönitz, also accepted the Allied suggestion to sign a new document. The document was signed at the seat of the Soviet Military Administration in Germany by representatives from the German Oberkommando der Wehrmacht, the Allied Expeditionary Force represented by the British, and the Supreme High Command of the Soviet Red Army, with further French and American representatives signing as witnesses. This time, Field-Marshal Wilhelm Keitel was the highest ranking representative of Germany at the signing ceremony. This surrender document also led to the de facto fall of Nazi Germany. As one result of the German downfall, the Allies had de facto occupied Germany since the German defeatwhich was later confirmed via the Berlin Declaration by the four countries of Allies as the common representative of new Germany, on 5 June 1945.
There were three versions of the surrender documentEnglish, Russian, and Germanwith the English and Russian versions proclaimed in the document itself as the only authoritative ones.
Background
On 30 April 1945, Adolf Hitler committed suicide inside his Führerbunker under the Reich Chancellery, after drawing up a testament in which Admiral Karl Dönitz succeeded him as next head of state of Germany, with the title of Reichspräsident, a vacant position dating back to the Weimar Republic. With the fall of Berlin two days later, and American and Soviet forces having linked up at Torgau on the Elbe, the area of Germany still under German military control was split in two. Moreover, the speed of the final Allied advances of March 1945, together with Hitler's insistent orders to stand and fight to the last, left the bulk of surviving German forces in isolated pockets and occupied territories mostly outside the boundaries of pre-Nazi Germany. Dönitz attempted to form a government at Flensburg on the Danish border. He was joined there on 2 May 1945 by the Oberkommando der Wehrmacht under Wilhelm Keitel, which had previously relocated to Krampnitz near Potsdam, and then to Rheinsberg during the Battle of Berlin. Dönitz sought to present his government as 'unpolitical.’ However, there was no repudiation of Nazism, the Nazi Party was not banned, leading Nazis were not detained, and the symbols of Nazism remained in place. Because of these shortcomings, neither the Soviets nor the Americans recognized Dönitz or the Flensburg Government as capable of representing the German state.At Hitler's death, German armies remained in the Atlantic pockets of La Rochelle, St Nazaire, Lorient, Dunkirk and the Channel Islands; the Greek islands of Crete, Rhodes and the Dodecanese; most of Norway; Denmark; the northwestern Netherlands; northern Croatia; northern Italy; Austria; Bohemia and Moravia; the Courland peninsula in Latvia; the Hel Peninsula in Poland and in Germany towards Hamburg, facing British and Canadian forces; in Mecklenburg, Pomerania and the besieged city of Breslau, facing Soviet forces; and in southern Bavaria towards Berchtesgaden, facing American and French forces.
Surrender document
Representatives of the Soviet Union, the United States, and the United Kingdom working through the European Advisory Commission throughout 1944 sought to prepare an agreed surrender document to be used in the potential circumstances of Nazi power being overthrown within Germany either by military or civil authorities, and a post-Nazi government then seeking an armistice. By 3 January 1944, the Working Security Committee in the EAC proposed: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 so-called stab-in-the-back myth, where extremists in Germany claimed that since the Armistice of 11 November 1918 had been signed only by civilians, the High Command of the Army carried no responsibility for the instrument of defeat or for the defeat itself.
Not everyone agreed with the committee's predictions. Ambassador Sir William Strang, the British representative at the EAC, claimed:
The surrender terms for Germany were initially discussed at the first EAC meeting on 14 January 1944. A definitive three-part text was agreed upon on 28 July 1944 and adopted by the three Allied Powers.
The first part consisted of a brief preamble: "The German Government and German High Command, recognizing and acknowledging the complete defeat of the German armed forces on land, at sea and in the air, hereby announce Germany's unconditional surrender".
The second part, articles 1–5, related to the military surrender by the German High Command of all forces on land, at sea, and in the air, to the surrender of their weapons, to their evacuation from any territory outside German boundaries as they stood on 31 December 1937, and to their liability to captivity as prisoners of war.
The third part, articles 6 to 12, related to the surrender by the German government to Allied representatives of almost all its powers and authority, the release and repatriation of prisoners and forced laborers, the cessation of radio broadcasts, the provision of intelligence and information, the maintenance of weapons and infrastructure, the yielding of Nazi leaders for war crimes trials, and the power of Allied Representatives to issue proclamations, orders, ordinances, and instructions covering "additional political, administrative, economic, financial, military and other requirements arising from the complete defeat of Germany". The key article in the third section was article 12, which provided that the German government and German High Command would comply fully with any proclamations, orders, ordinances, and instructions of the accredited Allied representatives. The Allies understood this as allowing unlimited scope to impose arrangements for the restitution and reparation of damages. Articles 13 and 14 specified the date of surrender and the languages of the definitive texts.
The Yalta Conference in February 1945 had led to further development of the terms of surrender, as it was agreed that the administration of post-war Germany would be split into four occupation zones for the Soviet Union, Britain, France, and the United States. It was also agreed at Yalta that an additional clause "12a," would be added to the July 1944 surrender text. It stated that the Allied representatives "will take such steps, including the complete disarmament, demilitarization and dismemberment of Germany as they deem requisite for future peace and security." The Provisional Government of the French Republic, however, was not a party to the Yalta agreement and refused to recognize it, which created a diplomatic problem as formal inclusion of the additional clause in the EAC text would inevitably create a French demand for equal representation in any dismemberment decisions. While this was unresolved, there were in effect two versions of the EAC text, one with the "dismemberment clause" and one without.
By the end of March 1945, the British government began to doubt whether, once Germany had been completely overpowered, there would be any post-Nazi German civil authority capable of signing the instrument of surrender or of putting its provisions into effect. They proposed that the EAC text should be redrafted as a unilateral declaration of German defeat by the Allied Powers, and of their assumption of supreme authority following the total dissolution of the German state. It was in this form that the text agreed by the EAC was finally effected as the Declaration Regarding the Defeat of Germany.
Meanwhile, the Combined Chiefs of Staff of the Western Allies agreed in August 1944 to general guidelines for the terms of local military surrenders to be concluded with any capitulating German forces. They mandated that capitulation had to be unconditional and restricted to the purely military aspects of a local surrender and that no commitments were to be given to the enemy. That surrender was to be without prejudice to any subsequent general instrument of surrender which might replace any document of partial surrender and which would be jointly imposed on Germany by the three primary Allied Powers. These guidelines formed the basis for the series of partial capitulations of German forces to the Western Allies in April and May 1945.
As the German surrender happened, the EAC text was substituted by a simplified, military-only version based on the wording of the partial surrender instrument of German forces in Italy signed at the surrender of Caserta. The reasons for the change are disputed but may have reflected awareness of the reservations being expressed as to the capability of the German signatories to agree the provisions of the full text or the continued uncertainty over communicating the "dismemberment clause" to the French.