Redesignation of Prisoners of War to avoid Geneva Convention responsibilities
Disarmed Enemy Forces (DEF, less commonly,[1]Surrendered Enemy Forces) is a US designation for soldiers who surrender to an adversary after hostilities end, and for those POWs who had already surrendered and were held in camps in occupied German territory at the time.[2] It was General Dwight D. Eisenhower's designation of German prisoners in post–World War II occupied Germany.[3]
Because of the logistical difficulties of feeding all of the nearly two million of surrendered German soldiers at the levels required by the Geneva Convention during the food crisis of 1945,[4] the purpose of the designation, along with the British designation of Surrendered Enemy Personnel (SEP), was to prevent categorization of the prisoners as Prisoners of War (POW) under the 1929 Geneva Convention.
^Note: it is said for German troops in Northern Italy, not to be confused with its British equivalent, "Surrendered Enemy Personnel".
^In April, the War Department approved treating all members of the German armed forces captured after the declaration of ECLIPSE conditions or the cessation of hostilities, and all prisoners of war not evacuated from Germany immediately after the conclusion of hostilities, as "disarmed enemy forces", and specified that such captives would be responsible for feeding and maintaining themselves. The ruling did not apply to war criminals, wanted individuals, and security suspects, who were to be imprisoned, fed, and controlled by Allied forces. The War Department further directed that no public declaration was to be made on the status of the German armed forces. (Smith p. 93)
^ICRC Commentaries on the Convention (III) relative to the Treatment of Prisoners of War Article 5 "One category of military personnel which was refused the advantages of the Convention in the course of the Second World War comprised German and Japanese troops who fell into enemy hands on the capitulation of their countries in 1945 (6). The German capitulation was both political, involving the dissolution of the Government, and military whereas the Japanese capitulation was only military. Moreover, the situation was different since Germany was a party to the 1929 Convention and Japan was not. Nevertheless, the German and Japanese troops were considered as surrendered enemy personnel and were deprived of the protection provided by the 1929 Convention relative to the Treatment of Prisoners of War. The Allied authorities took the view that unconditional surrender amounted to giving a free hand to the Detaining Powers as to the treatment they might give to military personnel who fell into their hands following the capitulation. In fact, these men were frequently in a very different situation from that of their comrades who had been taken prisoner during the hostilities, since very often they had not even gone into [p.76] action against the enemy. Although on the whole the treatment given to surrendered enemy personnel was fairly favourable, it presented certain disadvantages: prisoners in this category had their personal property impounded without any receipt being given; they had no spokesman to represent them before the Detaining Power; officers received no pay and other ranks, although compelled to work, got no wages; in any penal proceedings they had the benefit of none of the guarantees provided by the Convention. Most important of all, these men had no legal status and were at the entire mercy of the victor. Fortunately, they were well treated but this is no reason to overlook the fact that they were deprived of any status and all guarantees."
^Cite error: The named reference bischamb9 was invoked but never defined (see the help page).
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