Military Occupation and the Rule of Law; Occupation Government in the Rhineland, 1918--1923

New York: Oxford University Press, 1944. Presumed First U. S. Edition, First printing. Hardcover. Good. xi, [1], 267, [1] pages. Some wear and page soiling noted. Includes Preface by James T. Shotwell and Adolph Lowe, Introduction; Part I. The Armistice Period: Institutions of the Occupying Powers, Relations with the Occupied Country, and Prosecution of War Criminals; Part II: The Peace Period; Part II: The Rhineland Agreement, Institutions of the Occupying Powers, Relations with the Occupied Country, Administration of Justice, Jurisdiction of the Occupying Powers, Judicial Review by Courts of the Occupied Country, and Conclusions; Appendixes I: Text of the Rhineland Agreement; Appendixes II: Selected Ordinances of the High Commission; Bibliography, Table of Cases, and Index. Ernst Fraenkel (26 December 1898 - 28 March 1975) was a German-Jewish lawyer and political scientist. Prior to World War II, Fraenkel served as a criminal defense lawyer for Jews who were targeted by the Nazi regime. He subsequently became one of the founding fathers of German political science. In 1939 he immigrated to the United States where he began to develop his respect for the politics of that country, especially its pluralism and its checks and balances. Fraenkel moved to Chicago, where he studied at the University of Chicago Law School, graduating in 1941. In The Dual State, for Fraenkel, there coexisted in the Nazi government a "normative state", which secured the continuation of capitalist society for those Germans not threatened by Nazism, and a "prerogative state", which used legal sanctions as well as brutal violence against people considered to be enemies of Nazism and Nazi Germany. The Occupation of the Rhineland from 1 December 1918 until 30 June 1930 was a consequence of the collapse of the Imperial German Army in 1918, after which Germany's provisional government was obliged to agree to the terms of the 1918 armistice. This included accepting that the troops of the victorious powers occupied the left bank of the Rhine and four right bank "bridgeheads" with a 30-kilometre (19 mi) radius around Cologne, Koblenz, Mainz and a 10-kilometre (6.2 mi) radius around Kehl. Furthermore, the left bank of the Rhine and a 50-kilometre-wide (31 mi) strip east of the Rhine was declared a demilitarized zone. The Treaty of Versailles repeated these provisions, but limited the presence of the foreign troops to fifteen years after the signing of the treaty (until 1934). The purpose of the occupation was on the one hand to give France security against a renewed German attack, and on the other to serve as a guarantee for reparations obligations. After this was apparently achieved with the Young Plan, the occupation of the Rhineland was prematurely ended on 30 June 1930. The administration of occupied Rhineland was under the jurisdiction of the Inter-Allied Rhineland High Commission with its seat at the Upper Presidium of the Rhine Province in Koblenz. In July 1919, the Third Army was disbanded and replaced by the American Forces in Germany (AFG) under the command of Major General Henry Tureman Allen. After a constant troop withdrawal, the AFG comprised some 20,000 men in a reduced territory in late 1919. Compared to the French occupation zone, the Americans got along with the German population much better, including a number of love affairs. General Allen even took part in saving Ehrenbreitstein Fortress from destruction by the Allied forces in 1922. After more than four years of occupation, the Harding administration decided to bring the troops back home. Finally, the last Americans left their headquarters in Koblenz in January 1923. The American occupation zone was consequently handed over to the French, who from that moment on controlled the major portion of the occupied Rhineland.