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Canadian History

Volume 2 Issue 1 Article 8

1993

Victims of Circumstance: the Execution of German Deserters by Surrendered German Troops Under Canadian Control in Amsterdam, May 1945

Chris Madsen University of Victoria

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Recommended Citation Madsen, Chris "Victims of Circumstance: the Execution of German Deserters by Surrendered German Troops Under Canadian Control in Amsterdam, May 1945." Canadian Military History 2, 1 (1993)

This Article is brought to you for free and open access by Scholars Commons @ Laurier. It has been accepted for inclusion in Canadian Military History by an authorized editor of Scholars Commons @ Laurier. For more information, please contact [email protected]. Madsen: Victims of Circumstance: the Execution of German Deserters by Sur

Victims of Circumstance:

The Execution of German Deserters by Surrendered German Troops Under Canadian Control in Amsterdam, May 1945

Chris Madsen

Introduction German commanders and military judges continued to apply an irregular military law n the morning of 13 May 1945, five days against deserters; and Canadian restrictions Oafter the formal capitulation of Hitler's on these actions remained limited and hesitant. , a German military court delivered In this situation, larger political and strategic death sentences on two German naval considerations worked against deserters like deserters, Bruno Dorfer and Rainer Beck. The Dorfer and Beck. Canadian reactions, during trial occurred in an abandoned Ford assembly and twenty-one years after the execution, plant on the outskirts of Amsterdam, a site reflected a sad record of indifference and used by the for the callousness for these unfortunate victims of concentration of German naval personneL Later latent Nazism. that same day, a German firing , supplied with captured German rifles and a three-ton Background truck from the Seaforth Highlanders of and escorted by Canadian Robert K. he strategic situation in North-West Swinton, executed the two German prisoners T became quite curious at the end of of war a short distance outside the enclosure. 1 the Second World War. Canadian and British Dorfer and Beck were among the last victims of advances into the and a military legal system distorted by the Nazi effectively cut off German military forces in state. At the time no one, Canadian or German, Western Holland.2 The Twenty-Fifth German questioned the justice of the event. Army, under the command of Generaloberst Johannes von Blaskowitz. retreated into a This tragic incident demonstrated a fortified area between the Maas and Waal disturbing degree of cooperation between Rivers in the south and the Grebbe Line in the Canadian military units and the defeated east. This "Festung Holland" contained German military. Why did German deserters approximately 150,000 German soldiers.3 A like Dorfer and Beck continue to die after the composite garrison of and naval end of the war? The executions were a matter formations awaited the final collapse of the of convenience. The Canadian military allowed German armed forces. The German military's the German military structure to function after threat to destroy Holland's extensive dyke the capitulation. Under this questionable systems and flood the fertile countryside arrangement, the German armed forces in prevented further advances of Canadian Holland disarmed, concentrated, and evacuated military units.4 Consequently, -lines in themselves. To accomplish this gigantic task the Netherlands remained relatively constant. in an orderly and disciplined way, Canadian These conditions provided a basis for agreement military authorities mistakenly relied on the between Canadian and German military vanquished German military leadership. leadership. On 28 April 1945. -

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The surrender of German forces in the Netherlands, I Canadian HQ, 5 May 1945. (Photo: Alex M. Stirton, NAC PA 133321)

General Charles Foulkes, of I Crerar, through Foulkes, issued detailed , and Blaskowitz concluded a instructions to Blaskowitz for implementation makeshift armistice for feeding the Dutch of this surrender in the Netherlands. The civilian population. Under Operation "Faust," document made the German Canadian truck convoys drove through German responsible "for all GERMAN Armed Forces lines, merchant ships sailed for Dutch (including , Army, Air Forces), ports, and Allied bombers dropped food rations. 5 and civilians"7 within Blaskowitz's In this way, the , under sphere of control. Meanwhile, the signing of General , began an enduring the unconditional surrender by German working relationship with the German military plenipotentiaries at Rheims on 7 May 1945, to administration in Holland. On 5 May 1945, take effect the next day, formally ended the Field Marshal Bernard L. Montgomery, Third Reich. commander of the 21st British , accepted from Generaladmiral Hans Georg von By the time of the final capitulation, Friedeburg "the surrender of all German forces Canadian military forces were not yet inside in Holland, in northwest Germany including German-occupied Holland. At 2300 hours on the Frisian Islands, and Heligoland and all 7 May 1945, the Seaforth Highlanders of other islands, in Schleswig-Holstein, and in Canada, a regiment of the 1st Canadian . "6 At the small town ofWageningen, , received orders to proceed forward:

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"Instead of going to HAARLEM we are now to go Nevertheless, the German military remained to AMSTERDAM and will be the first unit to a potent force within Holland. The Germans travel into the newly liberated area. "8 During still controlled large sections of the Dutch the next few days, Canadian military units administrative, communication, and slowly moved towards designated occupation transportation infrastructures. Many Dutch zones within Holland. Enthusiastic Dutch civilians "could not understand, during the crowds swamped Canadian columns at every first few days, a situation where armed crossroad along inward routes. Lieutenant­ Canadian soldiers were going up one side of the H.P. Bell-Irving, the commander of the road and armed Germans going down the other Seaforth Highlanders, described the Canadian side, neither interfering with the other. "10 entry into Amsterdam: German military formations carried on with regular duties under the surrender agreement. The universal happiness amounted to an ecstasy Until further Canadian instructions, which I have never seen even approached in any Blaskowitz's headquarters remained crowd before. Before this, few of our men could have "responsible for the maintenance and discipline given a clear reason why they came ... But here in 11 Amsterdam, in one day, all that was changed ... ofallGermantroopsinWESTERNHOLLAND." Every life lost. every long day away from home, had At times, the vengeful activities of Nederlandse been spent in a good and necessary endeavour.9 Binnenlandse Strydkrachten (NBS), or Dutch Interior Forces, impinged on this practical The Dutch population greeted Canadian arrangement. The found "a country soldiers as liberators; Holland was once again whose friendly people and resistance forces are a free country. The arrival of Canadian military lusting to see the last of the Germans."12 forces officially ended five long years of German Anything German became a target; the NBS rule.

Disarmed German soldiers move towards concentration areas. (Piwto: Alex M. Stirton/NAC PA 151928)

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declared open season on German soldiers found However, the cooperation and organization alone on Amsterdam streets. Thus, the of the German military greatly aided Canadian Germans gained safety in numbers, and efforts. For the most part, German military retained weapons for protection: "There was formations remained intact and functional. At some trouble in the "D" sector of the Julianadorp, the Germans "marched in fully town-some Dutch got into a boat and armed, wheeled into the airfield along one road attempted to shoot up a German concentration and halted."18 Canadian soldiers merely area. The fire was returned by the Germans. "13 collected and stacked German weapons. Sporadic outbursts ofviolence erupted between German war material was sorted, stored, and the two heavily armed groups. The German guarded, pending final destruction or military structure therefore represented an distribution to Allied military and civil sources. 19 element of order in a potentially explosive and In many instances, German military formations chaotic situation. disarmed themselves, and moved unescorted towards selected Canadian prison camps and concentration areas. Canadian military units Concentration and the NBS secured ammunition dumps and munitions storage areas left behind by German major priority of Canadian military units military forces inAmsterdam.20 Thus, German A in Amsterdam was the disarming and assistance became indispensable in disarming concentration of German military personnel. and concentrating German troops. Canadian On 11 May 1945, "D" Company of the Seaforth military authorities directly benefitted from Highlanders "moved from the MONTESSORI the continuation of German military structures. School, MRE041205 to the Ford Factory at MRE013286 to control the concentration of An unprecedented Allied alteration in the German Marines."14 The Canadian company application of international law allowed this established an administrative headquarters at peculiar state of affairs. The Canadian military this large abandoned factory across from the held surrendered German soldiers, not as town ofZaandam. The location was well suited prisoners of war, but as capitulated troops for gathering extensive German naval forces in under the designation "Surrendered Enemy the area. However, Field Marshal Montgomery, Personnel [SEP]": in his memoirs, articulated the dilemma confronting many Canadian and British soldiers in view of the very large numbers of GERMAN troops under his command: "I was a soldier and I had now surrendering ARMY COMMANDS are authorized not been trained to handle anything of this to place such troops in the status of "Disarmed GERMAN Forces" as contemplated by paragraph 15 nature." Canadian combat units, who had 2"C" and other pertinent paragraphs of ECLIPSE fought and killed German soldiers on memorandum No 1 7. Under provisions ofthe foregoing battlefields only a week previously, now fulfilled memorandum these GERMAN forces will NOT be a very different role. Men of the Seaforth characterized as "PRISONERS OF WAR". After Highlanders, veterans of the Italian campaign disarmament these surrendered German units may be kept organizationally intact and to the extent and the drive into the Netherlands, embarked deemed advisable and practicable by ALLIED on temporary wartime careers as prison camp COMMANDERS required to administer and maintain wardens. 16 The work was tedious and themselves.21 exceedingly unpopular. A Canadian commented on the enormity of the task: "Here The First Canadian Army implemented they were, one Canadian set down in Operation "Eclipse," a pre-arranged plan for the midst ofthousands of Germans whom they the occupation of Germany and demobilization had to locate, guard, escort, and disarm."17 ofthe German armed forces. The scheme made Initially, the sheer scale of surrender appeared the vanquished German military completely overwhelming. Canadian military units, self-sufficient and reliant on existing German handicapped by limited occupation experience food stocks.22 Thus, theWestemAllieswithheld and finite resources, coped with a complicated status because the enormous situation. number of surrendered German soldiers exceeded Allied food and manpower resources.

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Despite these practical justifications, the from all or any of the personnel of the German SEP classification possessed a very doubtful armed forces the status of Prisoners ofWar."26 existence under international law. General Such arbitrary power on the part of a detaining Dwight D. Eisenhower, the Supreme Allied power contradicted the entire humanitarian Commander in Europe, informed Canadian spirit and purpose behind the 1929 Geneva officials that "there should be no, repeat no, Convention. Moreover, the Allied claim that a public declaration regarding status of German legitimate German government no longer armed forces or of disarmed troops."23 As existed seemed equally tenuous. The Allies Eisenhower knew, the SEP label stretched the dissolved the acting government of bounds of international law pertaining to Grossadmiral Karl D6nitz on 23 May 1945.27 prisoners of war. Article 1 of the 1929 Geneva Germany, as a signatory to the 1929 Geneva

Gennan and Canadian sentries guard the entrance to the .ijmuiden Concentration area. (NAC PA 134396) Convention clearly conferred prisoner of war Convention, still benefitted from the dictates of status on "all persons belonging to the armed international law until at least this later date. forces of belligerent parties, captured by the Thus, Canadian military authorities assigned enemy in the course of military operations."24 a questionab 2le legal status to surrendered Hence, the Allied distinction between the words German troops in Holland. "captured" and "surrendered" in application of the convention represented a very weak legal Nonetheless, the arrangement between the argument. Protection under the 1929 Geneva Canadian army and the German armed forces Convention was not limitable.25 In the eyes of worked exceedingly well. For the most part, international law, surrendered German troops the Canadians operated directly through the were prisoners of war. Nevertheless, the First existing German military hierarchy. The First Canadian Army in Holland maintained Canadian Corps established a control "unfettered discretion to impose on or withhold within the compound of the Twenty-Fifth

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German Army Headquarters "to act as the filter persuasion. A propaganda leaflet, dropped through which the German Army Commander behind German lines by Allied planes in late passes his orders to his subordinate 1944 and early 1945, bore the clever caption: formations."28 The efficient staff work of the "Attacked from the front. Cut off from behind. Germans impressed many Canadian observers. Written off by Hitler. "33 Canada, Great Britain, Additionally, Canadian military authorities left and the United States promised safe conduct the German military in control of their own and good treatment to any potential German signals and communication network. 29 Direct deserters. These Allied appeals openly incited telephone links kept various Canadian and . German headquarters informed. The telephone allowed the quick and easy passage of orders; Nevertheless, the number of if needed, written orders were translated into from the German armed forces, although on a both English and German. Periodically, the steady increase until the end of the war, Canadians reminded the German military who remained relatively modest. For February was in charge: 1944, the last month of accurate German military legal records, the German military GO 500 Restricted. From Lt. General Foulkes for tried only 2,098 German soldiers or Colonel-General Blaskowitz. Colonel-General approximately 19.6 soldiers per 100,000 men BLASKOWITZ will not repeat not visit formation Headquarters or units of German army, or for desertion in the entire German armed 34 navy without permission of the General officer forces. Statistics reveal that German military commanding 1 Canadian Corps. The request of institutions retained a cohesive character. Most Colonel-General Blaskowitz to visit formations 11 German deserters left their units for a mixture May is NOT repeat NOT granted all information.30 of social and personal reasons. 35

Despite minor restrictions and limitations, Paradoxically, the Canadian army, which the German military retained an amazing degree had promoted disintegration during the war, of authority for a defeated army. Each now took a dimmer view towards German concentration area or camp possessed a deserters. The act of desertion suffered from a German commander in contact with higher double-standard; armies actively sought German authorities. At the factory occupied desertion in enemy armed forces, but frowned by the Seaforth Highlanders, Fregattenkapitan upon desertion among troops under their own Alexander Stein, the German harbour control.36 Disciplined German military units commander in Amsterdam, managed now played an integral part in Canadian 31 incarcerated naval personnel. A parallel concentration and occupation activities within German leadership existed beside the Canadian Holland. Thus, deserters threatened helpful military hierarchy. German troops in Holland and necessary cohesion. maintained, with Canadian approval, allegiance to the larger German armed forces. On 12 May 1945, an NBS detachment issued a typed receipt for the transfer of six Canadian military units, however, German deserters to Canadian military frequently encountered a different kind of authorities.37 Dutch administrators, militia German soldier. Concentration sweeps forces, and police often found German deserters discovered a growing number of deserters from hiding within the large city of Amsterdam. the German armed forces. Sometime in the However, a war diary entry from 1st Canadian past, these men had rejected German uniforms Infantry Division disclosed the ultimate fate of and the cause oftheThird Reich. The Western these men and other deserters: Allies were partly responsible for the German desertion problem. During the course of the With the sanction of our Headquarters the Germans war, a Psychological Warfare Division within shot a half dozen of their deserters who had been SHAEF had actively sought the disintegration tried by German Court Martial. 2 Canadian Infantry and collapse of the German armed forces.32 reported that NBS have picked up 12 more German deserters in the jails of Rotterdam. They Special Allied propaganda teams undermined were turned over to German Commander in the Wehrmacht morale through various means of concentration area at Ijmuiden. 38

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had left the Ninth Mine-Sweeping Flotilla during the last days of the war. 40 Beck perhaps maintained the strongest reasons for rejecting German military institutions. From Hitler's ascendency to power in 1933, the Nazi regime had persecuted his family. The reasons were obvious: Beck's mother was Jewish, and his father, Max Emil Beck, a decorated veteran, was compromised by a position as Social Democratic police president of Gleiwitz during the Weimar RepublicY When Beck was drafted into the in 1940, he already possessed an overt hostility and contempt for the National Socialist state. Upon meeting his fugitive sister in 1941, the young man despondently declared: "If I wear the German uniform I am a bastard. Ifl don't wear it, I am a bastard just the same."42 Strong anti­ Nazi views dictated Beck's eventual departure from the German armed forces. The arrival of Canadian soldiers in Amsterdam seemingly BmnoDorjer (Der Spiegel) promised a new beginning from a dreadful past. Beck and Dorfer, wearing civilian clothes, sought out nearby Canadian military units. Canadian military authorities, although clearly able to assign or withhold prisoner of However, the pair met an unexpected war status for any German soldier, chose an reception. On 12 May 1945, the Dutch easier course. Canadian military units underground brought Dorfer and Beck to the repatriated deserters back to the German Seaforth Highlanders' detention camp. Major military. Punishment for repudiation of German Oliver Mace, acting commanding officer of the military discipline awaited many unfortunate men. 39 Desertion remained a concern for German commanders; Canadian military authorities adopted a strict policy of non­ interference in German affairs. This pattern decided the final destiny of Bruno Dorfer and Rainer Beck.

Trial

wenty-year old Dorfer and twenty-eight­ T year old Beck felt deceptively safe after the final German surrender. The welcome news ended long periods of concealment and fears of discovery. On 5 , Maschinenmaat Beck had deserted from a harbour defence unit at Ijmuiden, and entered into hiding with his sister, Fredegund, in Amsterdam; similarly, Funk- Dorfer, sheltered by an aunt, Johanna Timmermanns, Rainer Beck (Der Spiegel)

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Canadian regiment, ordered Major J. Dennis then Beck, on conditions of service, on Pierce, the company commander in charge of circumstances and events behind the the former factory, to place the two deserters desertions, and about any resistance activities inside the compound because "they were since the initial offenses. Oberleutnantlnginieur certainly Germans and we had no other place Frank Trmal, a young German officer present to put them."43 Initially, Stein and the internal at the fifteen-minute trial, remembered Beck's German military leadership refused acceptance defence: of Dorfer and Beck. The Germans argued that the camp was no place for deserters and traitors. For some reason Beck. who was older decided to Pierce, after an argument with the German defend himself and told the court that we (the Germans) all knew several weeks ago the war was all interpreter, a Kapitdnleutnant and former E­ over for us and that it was a matter of time before we boat officer named Hoslinger, "finally put the surrendered. He told the captain and the court that two youngsters in the office of the plant manager any further fighting by us against the Canadians under guard of a German non-commissioned would be senseless bloodshed. With this the captain officer. "44 Canadian soldiers fed Dorfer and jumped to his feet in a rage, screaming at Beck that he was calling all of us, his comrades, and his Beck, and periodically checked on the pair's officers, murderers. It is something that I will never safety during the night. Pierce's decision forget. 48 apparently offered a compromise solution to the impasse. Any hopes of restraint and moderation faded as the mood of the court turned uglier. In the morning, Fregattenkapitdn Stein The defence lawyer's final plea of leniency fell proposed a very different settlement. At 1005 on deaf ears. After a short discussion, the hours on 13 May 1945, Pierce informed 2 three military judges delivered death sentences Canadian Infantry Brigade of the intended on Dorfer and Beck. German course of action: "German Marine deserters being tried this morning. German The operation and outcome of this court Commander intends [to] shoot them."45 The martial was consistent with the development German camp leadership established a of German military law during the National Standgericht or a court martial within the Socialist years and the Second World War. The camp. This judicial body would determine trial represented a "kangaroo court" only in the guilt or innocence. Nevertheless, as mentioned context that the entire German military legal in the above message, Pierce and the Canadian system had evolved into a tyrannical camp staff believed that Stein had already instrument. 49 According to German historian decided on a verdict before the trial began. Manfred Messerschmidt, German military judges, convinced by"stab in the back" illusions Consequently, the court martial adopted a from World War I and influenced by Nazi mixture of exhibition and formality. The ideology, turned away from accepted liberal German camp leadership brought Dorfer and concepts of law and justice. The idea of a Beck before three officers, a team of military Volksgemeinschcift, a unity of the German lawyers "whom Pierce himself had "put in the people under the Nazi state, increasingly took bag" in the streets of Amsterdam earlier in the precedence over notions of personal guilt and week."46 Stein regarded the proceedings as a individual responsibility. 50 As a result, German show trial for his authority. At the insistence military law elevated offenses, previously of the German naval commander, the entire considered infractions against military camp population witnessed the event. A parade discipline, to the status of political crimes. state, taken earlier that morning, counted 1,817 Desertion and the unique charge of German marines inside the camp. 47 The two Wehrkrciftzersetzung (attempting to subvert accused, represented by a German military the will of the people to fight) became two major lawyer, underwent rigorous cross-examination offenses in the Wehrmacht. 51 German military before this large staring crowd. Marineober­ judges, mimicking the FUhrer, stressed stabsrichters der Reserve Wilhelm Kahn, a solidarity, fighting effectiveness, morale, and presiding judge, questioned first Dorfer, and the common good of the German people.

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German soldiers guarding food dump established to feed the Dutch population. (Photo by Alex M. Stirton. NAC PA 134415)

The application of German military law 2. If the offence is committed in the field or in an against cases of desertion reflected this especially difficult case, the death penalty or lifetime emphasis. The Militdrstrajgesetzbuch (MStGB), imprisonment in a penitentiary is to be imposed. a revised military criminal code introduced on 3. If the offender continues his military service within four weeks - in the field within one week - after the 10 , established stronger fact, imprisonment under article 1 can be imposed: punishments for desertion: in the case of article 2, imprisonment not less than six months is to be imposed. 52

§ 70 These articles allowed harsher penalties, and Punishment for Desertion gave capital punishment more consideration. The Kriegssonderstrafrechts-verordnung 1. The punishment for desertion is imprisonment not less than six months. (KSSVO). a special code of procedure in force

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during the war, further reinforced the latter. pardons or remissions for naval desertion The greatest change, however, came with convictions, a policy previously endorsed by interpretation ofthe new regulations. German his predecessor, Gross Erich Raeder. 54 military judges, at the behest of superiors, The German navy, perhaps the closest of the consistently chose maximum penalties in three armed services to the Nazi state, thereby decisions on desertion. During the last months demonstrated an institutional inclination of the war, most convictions for desertion and towards enforcement of death penalties. 3 related offenses resulted in death sentences. 5 Lenient verdicts were the exception in German Death, viewed by the German military as a naval courts. Seen in this perspective, the deterrent, clearly became the norm for desertion Dorfer and Beck judgement was almost in the dying gasps of the Third Reich. inevitable. German military courts, based in a perversion of military law and legal practice, This trend was even more pronounced in would certainly deliver death sentences on the conduct of different service branches. deserters if given the opportunity. Kriegsmarine judges and commanders enthusiastically surpassed and Heer An indifferent and perhaps naive Canadian counterparts in distributing death sentences. military provided the opportunities. Formal On27 Aprill943, D6nitz, thenewcommander­ German military tribunals were unthinkable in-chief of the Kriegsmarine, had forsworn any without Canadian sanction. The war was over,

Stacked German rifles. (Photo: Alex M. Stirton/NAC PA 151196}

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Nazi Germany was defeated, and the Canadians received from 21 Army Group but understood occupied Holland. Why then did German to be enroute."60 Throughout this time, military courts exist and function after Canadian military units operated without clear Germany's surrender? International law clearly guidance or instruction from above on the prohibited these judicial proceedings. Article matter of German military courts. Finally, on 44 of the 1929 made 17 May 1945, the headquarters of the First prisoners of war "subject to the laws, Canadian Army issued Allied Military Standing regulations, and orders in force in the armies Order No. 153 and a revised Twenty-FirstArmy of the detaining Power. "55 Under this provision, Group Administrative Instruction No. 97.61 German prisoners of war were no longer The two directives established comprehensive accountable to German military law, but rather guidelines for the maintenance of discipline responsible to Canadian military law. The field and application of justice among surrendered court martial of the Canadian army, comprised German troops. Although steps in the right of not fewer than three officers, paralleled direction, both documents contained German courts in structure and organization. 56 limitations. German field courts still However, Canadian courts were very different maintained "internal discipline within their in approach. Canadian military law remained own forces under the supervision and control firmly entrenched in inherited English of the Allied Military Authorities."62 Thus, constitutional suppositions: Order No. 153 and Instruction No. 97 did not suspend German military courts, but rather At the outset of their deliberations the court must placed restrictions on these proceedings. remember that it is the principle of English law that Henceforth, German military judges and the accused is presumed to be innocent until he is commanders required written permission from proved to be guilty, and that the burden of proof rests upon the prosecution. Unless, therefore. the guilt of Canadian corps district commanders for any the accused has been established beyond reasonable sentence over two years imprisonment. doubt, the accused must be acquitted. 57 Additionally, German military courts possessed no jurisdiction, except with special In this regard, soldiers retained the rights authorization from the Canadian military and responsibilities of citizens. Moreover, the government, "in respect of offences [sic] against treated military the [German] Military Criminal Code committed offenses, with the exception of murder, as in the course of military operations. "63 The matters of discipline. Under Canadian military Canadian military, interested in occupation law, punishment for desertion usually and control, instead emphasized offenses comprised three-ten years imprisonment; the committed after the German capitulation. British and Canadian governments chose to Under article 27 of Instruction No. 97, the abandon most military death penalties a decade death penalty remained in place: "Sentences before the outbreak of the Second World War. 58 of death will be referred, through Military Thus, the survival of German deserters hinged Government channels, to HQ 21 Army Group, on the will of the Canadian military leadership for confirmation."64 In the Canadian view, to apply accepted Canadian military law. German military courts and military law still Foulkes, claiming ignorance of German military served useful purposes. The two Allied edicts, courts in Holland at the time, later quipped: "I however restricted in scope, proved too late for personally was much more concerned then Dorfer and Beck. with the safety of Canadian soldiers and the welfare of Dutch civilians than with Germans. "59 The determination was simply not there. Execution

The Canadian military belatedly attempted he final outcome of the factory court martial a remedy of the situation through legal means. T highlighted the vacuum of Canadian On 15May 1945, 1stCanadianinfantryDivision decision-making. Stein, upon the military informed 2 Canadian Infantry Brigade that court's closing verdict, immediately appealed "detailed instructions on discipline NOT yet to the Seaforth Highlanders for means to carry

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Operation "Eclipse" in Action- Gennan troops march back to Gennany. (Photo: Alex M. Stirton/NAC PA 134287)

out the prescribed death sentences. A eventual fate of Dorfer and Beck from his flabbergasted Pierce telephoned higher German headquarters. At 1315 hours, the authorities for direction. At 1030 hours on 13 XXX German Army Corps responded directly May 1945, 2 Canadian Infantry Brigade to 1st Canadian Infantry Division: forwarded information to 1st Canadian Infantry Division: Reference message about German MARINE deserters to be shot. We thank-you for advising us and Chief German marines in Amsterdam have picked up some of Staff approves the sentence. We shall advise our of their own deserters. They have been tried by Commander in Amsterdam accordingly. 2 [Canadian military law and sentenced to be shot. May they do Infantry] Brigade Information. 67 this. Passed to XXX Corps. Chief of Staff German Corps will make decision - passed to 2 Canadian The German military, encouraged by Canadian Infantry Brigade.65 apathy, seized a chance to exercise its rapidly declining authority. After advising the The question travelled no farther up the Canadians, the German staff informed Stein of Canadian military hierarchy. Major-General Blaskowitz's approval through the German Harry W. Foster, commanding officer of 1st communication network. The process Canadian Infantry Division, or a member of his demonstrated the smooth cooperation staff declined responsibility for the entire established between Germans and Canadians 66 affair. Incredibly, Blaskowitz decided the in Holland.

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The actual execution of Dorfer and Beck locked room, eight German rifles with sixteen followed a similar pattern. At 1335 hours on 13 rounds of ammunition for the German firing May 1945, 2 Canadian Infantry Brigade advised squad. In these actions, the Canadian officer Mace and Pierce of the German decision by disregarded the moral imperative of telephone: "German deserters will be shot, disobedience. 70 Distribution of weapons approved by German Chief of Staff. Have FSS bestowed informal Canadian permission for personnel showed up yet? Answer: No."68 A the execution. German officers, detailed by written order from brigade headquarters later Stein, would choose the execution spot, and confirmed this verbal directive. The Germans implement the death sentences. Fearful of and Canadians wanted the execution performed trouble with the NBS, Pierce sent Swinton, his the same day of the trial although article 66 of second-in-command, and a Sergeant-Major the 1929 Geneva Convention insisted that all named Webster "to make sure that the Germans death sentences "shall not be executed before got back safely."71 At 1740 hours, the German the expiration of a period of at least three firing squad shot Dorfer and Beck on the wall months"9 after communication to the protecting of an air raid shelter near the factory. When Power. Pierce, ignorant of international law Pierce asked how the Germans could kill these and blindly following faulty superior orders, two men on a beautiful day after the end of the arranged truck transport, and issued, from a war, Hoslinger replied: 'These boys have been

(Photo: Atex M. Stirton/NAC PA 183227)

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deserters, and if they were allowed to go home All the Germans who deserted after the armistice, and have children the minds of the children were turned over to their respective units for 72 disciplining. Germans who deserted some time ago, would be dirty, too." Despite defeat, codes of but were picked up after the armistice, were sent to loyalty and honour persisted in the German the Corps PW Cage and passed back through the military. Canadian officer and German officer usual channels. A German who had deserted many stubbornly clung to common standards of months ago, who had got into civilian clothes and military discipline. had done good work for the Dutch Underground must still be treated as a PW. 76 As stated previously, the execution ofDorfer Canadian military authorities, liberally granting and Beck was far from an exception. Later on prisoner of war status, assessed German 13 May 1945, 2 Canadian Infantry Brigade deserters in terms of situation and usefulness asked 1st Canadian Infantry Division for to the Allies. The German military now received instructions on more German deserters: only a select number of deserters. On 22 May 1945, the Seaforth Highlanders, the same NBS have 12 more deserters found in jails in Rotterdam. What does German Chief of Staff want regiment which had participated in the done with them. Are they to be shot as were others execution of Dorfer and Beck, showed a much this morning. ANSWER: put in concentration camp more humane and realistic approach: Ijmuiden and turn over to camp commander General Huttner. 73 During the morning, the NBS brought in another German deserter in civilian clothes and he was sent The Canadians promptly repatriated these men down to FSS to be dealt with through their channels. to the German military. This action brought Nearly every day now for the last week we had been receiving and dispatching German deserters picked almost certain death. Lieutenant-Colonel A. up in civilian clothes.77 Powis, the commander of a temporary Canadian occupation formation, revealed the end for Thus, time and attitudes worked against Dorfer some deserters: "A German sea commander and Beck; ironically, only a few days later, the came down to ask for ten rifles. He had some Seaforth Highlanders regularly spared men he wanted to shoot. (The rifles were deserters. The ongoing departure of the 74 supplied [to] him.)" Unquestioning Canadian Germans partly accounted for this change. officers repeatedly acquiesced to German demands. Order and discipline overrode claims Under the timetable of Operation "Eclipse," to justice. the evacuation of the German armed forces began in the latter half of May. At 0830 hours Nevertheless, general Canadian policy on 15 May 1945, "D" Company of the Seaforth towards German deserters soon changed. On Highlanders "started the movement ofthe 1800 18 May 1945, 2 Canadian Infantry Brigade odd Marines from their camp to IJMUIDEN."78 reported "a Russian deserter from the German This local movement was preparatory for an Army who had then apparently joined the NBS even larger movement of the German armed ... whom they were loathe to give up to the forces from the Netherlands. On 19 May 1945, 75 Germans." Canadian units increasingly Blaskowitz, at the request ofFoulkes, submitted questioned repatriation of deserters who had a detailed order of march for this purpose clearly worked actively for the Allied cause in which concluded with an admonition for all conjunction with resistance forces. In the view German troops: "I expect every man to set up of many Canadian soldiers, surrender of these a model of discipline on the march and strictly men to a loathsome German military demand to keep roads and transit camps establishment hardly seemed fair. The late ruthlessly clean."79 Under the direction of implementation of Standing Order No. 153 and Blaskowitz, the German military completely Instruction No. 97 salved many Canadian planned the march of German military consciences. Eventually, the Canadian military formations out ofWestern Holland. Canadian followed a graduated policy towards deserters: military authorities, fulfilling the role of

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overseer, merely rubber-stamped German normal everyday lives. Thus, the rapid removal proposals.80 Not surprisingly, the tremendous of German troops remained a necessary German effort proved a model of efficiency and precursor for an equally rapid departure of the organization. The Germans moved "in five Canadian army. large groups from the five concentration areas, mainly by land and on foot up to DEN HELDER Secondly, key British figures maintained Z0089 from thence by LCTs, barges, etc, across secret plans for the enormous number of the ZUIDER ZEE to 2 Canadian corps area. "81 German prisoners of war. On 1 December Advance parties prepared transit camps for 1954, Prime Minister large staggered marching groups. At the same clarified, in the British House of Commons, the time, Canadian military authorities approved situation at the end of the war: "No trouble retention of a four-man court martial for a could in any case have arisen with the Soviets German brigade kept in the unless they had continued their advance to a Netherlands.82 This court continued to apply point at which they forced the breaking out of German military law, albeit limited by Canadian a new war between and her Western restrictions, among remaining German troops. allies ... we should certainly in that case rearm Thus, the maintained German military the German prisoners in our hands."86 structure and the unusual courts martial Churchill and other important officials in the contributed to the larger goal of evacuation. British govemment remained distrustful of The Canadians wanted the Germans out of the Soviet intentions; again and again, the Russians Netherlands as quickly as possible. appeared to disregard the terms of the Yalta Agreement. Thus, in Churchill's view, In this sense, Dorfer and Beck were surrendered German troops, kept in existing expendable pawns for larger political and German military formations, represented a strategic concerns. Canadian and British safe card for the British position. In the event military authorities intended "to place all of new hostilities, vanquished German units capitulated troops in 2 Canadian Corps area and British military forces would have combined ... NORTHoftheJADE-EMScanalwhichruns against an offensive RedArmy.87 Thus, the two between WILHELMSHAVEN and EMDEN. and half million German prisoners of war in Commencing 25 May, all capitulated troops in Commonwealth hands represented a huge Holland will be moved into this area. "83 strategic reserve. Montgomery, directed by Churchill, gave "a "stand still" order regarding In this coastal region of North-West the destruction of German weapons and Germany, Blaskowitz's formations joined equipment, in case they might be needed by recently arrived German troops from Denmark the Western Allies for any reason. "88 Canadian and . Why were the Canadians and military formations, under the strategic British so anxious to collect surrendered command of Montgomery, shared in these German troops in this area? The answer was arrangements. On 4 , the First largely twofold. Firstly, Allied victory over Nazi Canadian Army directed Blaskowitz to Germany produced rising Canadian public reorganize and consolidate units within the pressure to bring the boys home. Canadian Twenty-Fifth German Army.89 Nevertheless, political and military leaders desired a speedy as fears of a Russian advance receded and the withdrawal of the First Canadian Army from Western Allies settled with Stalin at Europe. Already at the end of May, small drafts in July 1945, the days of the maintained from the Seaforth Highlanders began leaving German military were numbered. Beginning for England, and then Canada. 84 Larger groups in 1946, the Control Commission for Germany, followed in the coming months. At the same British Element (CCG, BE) gradually time, Canadian troops increasingly wore out demobilized the German armed forces in the their welcome in the Netherlands. Some Dutch British occupation zone.90 German soldiers people looked forward to a time "when the returned to shattered homes and broken Canadians have disappeared back to Canada. "85 dreams in post-war Germany. However, two A friendly liberation army still constituted an sailors, buried in shallow graves on the outskirts occupation army which prevented a return to of Amsterdam, never returned home.

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Postscript Professor Ernst Friesenhahan in Heidelberg, brought the Dorfer /Beck execution to the he aftermath of the Dorfer /Beck execution attention of , Minister of National T persisted beyond 1945. During 1948-49, Defence in the Lester Pearson government. 96 the Western Allies combined their three The timing was important for Hellyer; the occupation zones into the Federal Republic of besieged minister was receiving considerable .91 The new country adopted a criticism over a recent scrapping of nine constitutional government based on democratic Canadian warships and Liberal plans for a forms. Understandably, West German unification of the Canadian military. The governments distanced themselves from the Conservative opposition, led by John Nazi past. Yet, anamazingamountofcontinuity Diefenbaker, quickly seized upon the Dorfer j existed between the new Bundesrepublik and Beck controversy as a chip in this larger political the Third Reich. Embarrassing public game. On 7 October 1966, Hellyer, in an disclosures periodically plagued politicians, explanatory speech to the House of Commons, judges, civil servants, military officers and concluded that "allegations contained in Der other public figures of successive West German Spiegel are completely without foundation. "97 governments.92 The West German press, However, Hellyer's assurances remained short­ reflecting contemporary German public lived. opinion, zealously revealed former connections and involvement with the National Socialist Canadian newspapers, after interviews with regime. former Canadian officers and other witnesses, presented strong evidence of active Canadian In this way, the wartime execution ofDorfer participation in the execution. Consequently, and Beck became an object of public and legal William J. Lawson, then Judge controversy in West Germany. On 12 Advocate General, appointed September 1966, the investigative Hamburg J.H. Hollies to undertake a full departmental magazine Der Spiegel broke the story based on investigation. 98 This military legal officer several interviews and cursory research. 93 searched relevant Canadian documents, and Relatives of Dorfer and Beck finally discovered made a three-day whirlwind trip to West the cruel fate of their missing brethren. A short Germany. Based on Hollies' findings, an time later, Beck's surviving sister, Berthilde, embarrassed Hellyer confirmed, in the House launched a civil suit against Kahn, now a of Commons on 21 December 1966, Canadian supreme court judge in Cologne, for the murder involvement in the execution, but suggested of her brother; Kahn, in his defence, blamed "that in view of the fact it is now over 20 years unnamed Canadian military officers for the since the war ended, nothing is to be gained by execution. 94 The case, eventually unsuccessful carrying this matter further. "99 With this final for lack of witnesses, had months before statement, Canadian officials closed the public attracted the notice ofthe European press and file on Dorfer and Beck. Legal recommendations government officials. Richard Bower, the that the Canadian government accept at least Canadian ambassador in Bonn, dismissed the partial responsibility for the execution and entire controversy as a "tempest in a teacup."95 furnish all possible aid to West German Bower's cheeky comment, later retracted, prosecution efforts remained unfulfilled. In a reflected a poor beginning on the Canadian letter to McWhinney on 21 December 1966, side. Hellyer dismissed the notion "that I or any member of the [Canadian] Government may, The response of the Canadian government with propriety, suggest to another state what on the other side of the Atlantic was equally legal action it should take where no offence is disappointing. On 23 September 1966, Edward alleged to have been committed against a McWhinney, then director ofMcGill University's Canadian national. "100 After several months of Institute of Air and Space Law in contact with debate, the contentious execution fell from the public eye.

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Conclusion film. DHist 81/669, Documents released to the author under the Canadian Access to Information he execution of Bruno Dorfer and Rainer Act. 2. W.A.B. Douglas and Brereton Greenhous, Out of the Shadows: Canada in the Second World T Beck by surrendered German troops in War. Oxford University Press, 1977, p.216. Jeffery Canadian custody was a product of many Williams, The Long Left Flank: The Hard Fought Way factors. Under a dubious interpretation of to the Reich, 1944-1945, Leo Cooper. 1988, p.281. intemationallaw, Canadian military authorities C.P. Stacey. TheCanadianArmy 1939-1945, Edmond permitted a continuation of the German military Cloutier, King's Printer, 1948, p.269. 3. Erich Maschke, eds., Zur Geschichte der deutschen structure after the demise of the Third Reich. Kriegsgefangenen des Zweiten Weltkrieges, Verlag German assistance was indispensable in the Ernst und Werner Gieseking, 1974, Xl/1: Hermann disarmament, concentration, and evacuation Wolff. Die deutschen Kriegsgefangenen in britischer of the German armed forces within Holland. Hand. s.79. Unfortunately, disinterested Canadian military 4. Milton Shulman, De;.feat in the West. Ballantine Books, 1968 (1947), p.379. authorities also left the German military in 5. C.P. Stacey, The Victory Campaign, Volume III, Offtcial control of order and discipline. German History of the Canadian Army in the Second World commanders and military judges applied a War, Queen's Printer, 1960, p.608. Terry Copp and military law warped by National Socialism. Robert Vogel, Maple Leaf Route: Victory, Maple Leaf The Canadian military, distracted by larger Route. 1988, p.120. Norman Phillips and J. Nikerk, Holland and the Canadians, Contact Publishing Co .. political and strategic concerns, tardily [n.d.], p.16. instituted restrictions on these proceedings. 6. Bernard Law Montgomery, The Memoirs of Field­ Dorfer and Beck, seeking safety and friends, Marshal the Viscount Montgomery of Alamein, K.G., instead found indifference and enemies. Were Collins, 1958, p.339. John North, North-West Europe the deaths ofDorfer and Beck avoidable? Yes! 1944-5, HMSO, 1953, pp.237-239. Richard S. Malone, MissingfromtheRecorcL Collins, 1946, p.l23. Indeed, it is hard to understand why Canadian 7. NationalArchivesofCanada(NAC), RG24, Vol. 10799, military authorities did not follow, from their File 225C2.012 (D4), Directive, General Crerar to first arrival in Amsterdam, the graduated policy Blaskowitz, 6 May 1945. Fred Whitcombe and Blair eventually adopted towards German deserters. Gilmour, The Pictorial 's Army In the case ofDorfer and Beck, only one strong Overseas, 1939-1945, Whitcombe, Gilmour and Co .. 1947, pp.260-262. voice along the Canadian or German military 8. NAC, RG24, Vol. 15258, War Diary (WD), Seaforth hierarchies was needed to question the irony of Highlanders of Canada, 7 May 1945. the situation. Disappointingly, none was 9. Reginald H. Roy, The Seaforth Highlanders ofCanada present. 1919-1965, Evergreen Press. 1969, p.439. 10. NAC, RG24, Vol. 10895, File 235Cl.Oll (D2). "The Concentration, Disarming, and Evacuation of Germans in Western Holland, As Seen at Divisional Many of the original quotations in this article Level," Interview with Lt.-Col. W.S. Murdoch, 7 June contain abbreviations and acronyms which have 1945. David Kaufman and Michie! Horn, A Liberation been spelled- outfor this article. Album: Canadians in the Netherlands 1944-45, The Editor McGraw-Hill Ryerson, Ltd., 1980, p.92. 11. NAC, RG24, Vol. 10799, File 225C2.012 (D4), Surrender Order No. 2, Lt.-Gen. Foulkes to Blaskowitz, 6 May 1945. NOTES 12. NAC, RG24, Vol. 10896, File 235Cl.013 (D4), "Report 1st Canadian Infantry Division for Week Ending 12 1. Swinton died later in an accident in Germany. Toronto May 1945," Capt. T.J. Allan, 13 May 1945. Michie! Daily Star, 24 October 1966, p.92. The Italian­ Horn, "More than Cigarettes, Sex and Chocolate: The Yugoslav film Gott mit Uns (released in Canada on 24 Canadian Army in the Netherlands, 1944-1945," January 1974 as The Firing Squad) provides a Journal of Canadian Studies 16 (Fall-Winter 1981): dramatized and somewhat inaccurate portrayal of p.159. events. This movie, directed by Giuliano Montaldi. is 13. DHist 112.3Hl.003 (D31). Extract, WD 4th available on video under the title The Fifth Day of Reconnaissance Regiment (4 PLDG), 10 May 1945. Peace. Directorate of History, Department of National 14. NAC, RG24, Vol. 15258, WD, Seaforth Highlanders, Defence (DHist) 112.3Hl.003 (D31), Film Review: 11 May 1945. The Third Troop of the Fourth "The Firing Squad" by Philip Chaplin, 28 January Reconnaissance Regiment assisted "D" Company at 1974. Gott mit Uns debuted at the Cannes Film the Ford factory. DHist 112.3Hl.003 (D31), Extract, Festival between 2-16 May 1970. InApril1970, the WD, 4th Reconnaissance Regiment (4 PLDG). 11 May Canadian government considered suppressing the 1945.

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15. Montgomery, p.345. 1980, s.161. Marlis G. Steinert, "The Allied Decision 16. DHist 322.009 (Dl37), "Historical Summary, Seaforth to Arrest the Donitz Government," The Historical Highlanders, Canadian Army 1939-45," 8September Jouma131(1988): p.661. 1945. 28. NAC, RG24, Vol. 10799, File 225C2.012 (D4). 17. DHist 145.2H1011 (Dl), "AspectsinfantryBattallion's !Canadian Corps Operational Instruction No. 50, 10 Activities in Western Holland First Weeks of"Eclipse, "" May 1945. Interview with Lt.-Col. G.E.B. Renison, 2 June 1945. 29. DHist 144.131011 (D1). "Surrender May 1945, 1st 18. DHist 142.5M2011 (Dl), "Concentration and Canadian Infantry Division Signals," General Note Evacuation of Germans at Den Helder," 8 May-10 by Lt.-Col. B.W. Grover. DHist 142.1109 (D2). Lt.­ June 1945, Major J.G. Osler, 12 June 1945. Col. B.W. Grover to HQ German 30th Corps, 13 May 19. NAC, RG24, Vol. 10610, File 215Cl.009 (D20), DDOS 1945. First Canadian Army Eclipse Instruction No. 10, 30. NAC, RG24, Vol. 13732, WD, 1st Canadian Infantry Brig. D.G.J. Farquhrson, 17 May 1945. Canadian Division, Message 3706, I Canadian Corps to 1st military authorities allowed German officers and Canadian Infantry Division, 1000 hours, 11 May to retain personal weapons. DHist 1945. 142.1109 (D2). Message 071520, 1st Canadian 31. Walter Lohmann and Hans H. Hildebrand, Die Infantry Division to All Units, 7 May 1945. Deutsche Kriegsmarine 1939-1945, Band II, Podzun­ 20. NAC, RG24, Vol. 10611, File 215Cl.009 (23). "List Verlag, 1956-1964, 132, s.9. and Description of Enemy War Material Dumps in 32. M.I. Gurfein and Morris Janowitz, "Trends in 2nd Canadian Infantry Brigade Area," 15 May 1945. Wehrmacht Morale," Public Opinion Quarterly This job was sometimes hazardous. On 20 May 10(1946), p.78. Edward A. ShilsandMorrisJanowitz, 1945, an accidental explosion of250 tons of German "Cohesion and Disintegration in the Wehrmacht in ammunition on the island of Dutten killed seven World War II," Public Opinion Quarterly 12(1948): Canadian soldiers. DHist 142.31011 (D1). "CRA pp.312-313. Group in Surrender Operation, 8 May - 8 June 33. Johannes Steinhoff. Peter Pechel, and Dennis 1945," Interview with Capt. J.M. Church. Showalter, Voices from the Third Reich: An Oral 21. NAC, RG24, Vol. 10611, File215Cl.009 (D33). Memo. History, Regnery Gateway, 1989, p.254. James M. EXFOR Rear to Administrative HQ First Canadian Erdmann, Leajlet Operations in the Second World Army, 9 May 1945. War, Denver Instant Printing, 1969. 22. NAC, RG24, Vol. 10963, File 260C2.009 (D32). 34. Otto Hennicke, "Auszuge aus der "Quarterly Report 1st Canadian Infantry Division 1 Wehrmachtkriminal-statistik," Zeitschrift fur April/ 30 June 1945," ADMS 1st Canadian Infantry Militiirgeschichte 5(1966): s.449. Because records Division, p.1 7. DHist 145.2N 1009 (D2). "1st Canadian after this date are incomplete, the number of German Army and Instructions Operation soldiers sacrificed during the "Justice Terror" in the "Eclipse,"" April 1945. Alan Moorehead, Eclipse, last months of the war is unknown. Recent German Hamish Hamilton. 1945, p.230. research suggests 35,000 desertion convictions 23. NAC, RG24, Reel C-5342, Memo. Secretary of State (22,750 death sentences) during the entire war. Dominion Affairs to Secretary of State External Affairs, Manfred Messerschmidt and Fritz Wullner, Die 2 May 1945. James Bacque, Other Losses, Stoddart, Wehrmachtsjustiz imDienste des Nationalsozialismus 1989, p.28. The author does not agree with many of Zerstorung einer Legende, N amos Bacque's conclusions. Unfortunately, few books Verlagsgesellschaft, 1987, s.91. deal directly with the Allied use of "Surrendered 35. NAC, RG24, Vol. 10717, File 215Cl.98 (405). Lt.-Col. Enemy Personnel" and "Disarmed Enemy Personnel" H.V. Dicks, "THE GERMAN DESERTER: A labels for German prisoners of war in North-West Psychological Study," Director Army Psychological Europe after the Second World War. Department Memo., 9 . 24. Howard S. Levie, eds., Documents on Prisoners of 36. Clifton D. Bryant, Khaki-Collar Crime: Deviant War, Volume 60, International Law Studies, Naval Behaviour in the Military Context, Collier, 1979, p.163. War Press, 1979, p.1 78. Eleanor C. Flynn. 37. DHist 142.1109 (D2). Receipt 1st Canadian AGRA "The Geneva Convention on Treatment of Prisoners H.Q., 15 May 1945. of War," George Washington Law Review 11(1942- 38. NAC, RG24, Vol. 13732, WD, 1st Canadian Infantry 43): p.508. Division, 13 May 1945. An altered version of this 25. Canadian Red Cross Archives, Box ICRC-History­ extract is reproduced in Tony Foster, Meeting of WWII-POW- Medical Commission, Rene-Jean Generals, Methuen, 1986, p.445. Wilhelm, "Can the Status of Prisoners of War be 39. L.B. Schapiro, "Repatriation of Deserters," British Altered?" International Committee of the Red Cross, Yearbook of International Law 29(1952). p.31l. 1953, pp.5-8. R.C. Hingorani, Prisoners of War, Hingorani, pp.31-32. Oceana Publications, 1982, p.34. 40. "Kriegsgerichte: Menschlich bedruckend,2bonn" Der 26. NAC, RG24, Vol. 10799. File 225C2.012 (D4). Memo. Spiegel38 ( 12 September 1966): s. 58-61. In February Major-Gen. IC Administration 21st Army Group to 1935, Fredegund Beck, an active member of the GOC C. First Canadian Army, 8 March 1945. German Resistance Movement, and her fiance, Dr. 2 7. Peter Padfield, D6nitz: The Last FUhrer, Victor Gollancz Carl Richartz, had fled from the Gestapo in . Ltd., 1984, p.433. Walter Ludde-Neurath, Regierung: DHist 81/669, Memo, J.H. Hollies to Parliamentary die Letzten Tage des DrittenReiches, Druffel-Verlag, Returns, 16 June 1967.

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41. A sympathetic Gestapo officer, who had served under E.P.DuttonandCo., 1949, pp.l56-159. Raederand the elder Beck as a young policeman, prevented Elsa D6nitz, shaken by their experiences at Nuremburg Beck's shipment to Auschwitz by delaying an official and Spandau, characteristically ignored the subject summons. DHist 81/669, Memo, J.H. Hollies to in post-war memoirs. Erich Raeder, My Life, United Parliamentary Returns, 16 June 1967. States Naval Institute, 1960. Karl Donitz, Memoirs: 42. DHist 81/669, Memo, J.H. Hollies to Parliamentary Ten years and Twenty days, Weidenfeld and Nicolson, Returns, 16 June 1967. 1959. 43. Toronto Daily Star, 22 October 1966, p.9. 55. Levie, Documents, p.187. A.J. Barker, "Number, 44. Toronto Daily Star, 25 October 1966, p.7. Rank and Name!" Military Review 55(1975): p.46. 45. DHist 112.3Hl.009 (D182), "Notes on questions by Howard S. Levie, Prisoners of War in International German magazine DER SPIEGEL from Military Armed Conflict, Volume 59, International Law Studies, Attache Bonn," 30 August 1966. 1978, p.336ff. W.J. Fenrick, "The Prosecution ofWar 46. Toronto Daily Star, 25 October 1966, p.7. Criminals in Canada," Dalhousie Law Journal 47. NAC, RG24, Vol. 15258, WD, Seaforth Highlanders, 12(1989): p.286. 13 May 1945. 56. Burrell M. Singer and R.J.S. Langford, Handbook of 48. The Globe and Mail, 28 October 1966, p.29. In 1967, Canadian Military Law, The Copp Clark Co. Ltd., an unremorseful Stein defended his actions: "Beck 1941, p.76. DHist lB. Lt.-Col. T.M. Hunter, "Report would never have been a credit to Germany anyway. No.9l: Some Aspects of Disciplinary Policy in the Deserters only turn into criminals in civil life too." Canadian Services, 1914-1946," l5July 1960, pp.72- DHist 81/669, Memo, J.H. Hollies to Parliamentary 73. Returns, 16 June 1967. 57. Great Britain, Extracts from Manual of Military Law 49. Leslie C. Green, Essays on the Modern , 1929: reprintedfor use in the Canadian Army, Edmond Transnational Publishers, 1985, p.266. "Der Kerl Cloutier, King's Printer, 1943, p.58. DHist 89/446, gehartgehangt!" DerSpiegel28(10July 1978): s.36- Brooke Claxton, Notes on Military Law and Discipline 49. "Ein Menschenleben gilt fiir nix," Der Spiegel for Canadian Soldiers, 6 November 1939. Bernard 43(19 October 1987): s.ll2-128. Ironically, the Starkman, "Canadian Military Law: The Citizen as German armed forces always considered itself a very Soldier," Canadian Bar Review 43(1965): p.414. law-abiding institution. Geoffrey Best, "World War II 58. Clarence Richard Young, Notes on Elementary Military and the law of war," Review of International Studies Law for Canadian Officers, University of Toronto 7(1981): p.73. Press, 1939, p.56. NAC, RG24, Vol. 10825, File 50. Manfred Messerschmidt, 'TheWehrmachtandVolks­ 229.C1 (D4), "Discipline, Canadian-Desertion," Lt.­ gemeinschaft," Journal of Contemporary History Gen. Foulkes, 4 April 1945. DHist 81/166, Digest 18(1983): p.734. Manfred Messerschmidt, "German Opinions and Rulings, , 31 - Military Law in the Second World War," Wilhelm compiled records OfficeJudgeAdvocate-General DND Deist, eds., The German Military in the Age of Total HQ. William Moore, TheThinYellowLine, Leo Cooper War, Berg, 1985, p.327. Ltd., 1974, p.225. C.P. Stacey, Arms, Men and 51. Messerschmidt and Wiillner, s.90. Messerschmidt, Governments: The War Policies of Canada, 1939- "German Military Law," p.325. Otto Peter Schweling, 1945, Queen's Printer, 1970, p.25l. Die deutsche Militcirjustiz in der Zeit des 59. Toronto Daily Star, 22 October 1966, p.9. Nationalsozialismus, N.G. Elwert Verlag Marburg, 60. NAC, RG24, Vol. 13743, WD,AQBranch 1st Canadian 1977, s.129. Infantry Division, 15 May 1945. 52. Translation by the author. Franz W. Seidler, "Die 61. NAC, RG24, Vol. 10611, File 215.Cl009 (D33), Fahnenflucht in der deutschen Wehrmacht wahrend "Discipline Disarmed Wehrmacht (excl.PW)." des Zweiten Weltkrieges," Militcirgeschichtliche Adminstrative HQ First Canadian Army, 17 May Mitteilungen 2(1977): s.24. Schweling, s.28. 1945. 53. Otto Hennicke, "Uber den Justizterror in der 62. NAC, RG24, Vol. 10611, File215.Cl.009 (D33), 21st deutschen Wehrmacht am Ende des Zweiten Army Group Administrative Instruction No.97, 17 Weltkrieges," Zeitschrift Fiir Militcirgeschichte4( 1965): May 1945. s. 720. Joachim Philipp, "Der Gerichtsherr in der 63. NAC, RG24, Vol. 10611, File 215Cl.009 (D33), deutschen MiliUi.rgerichtsbarkeit bis 1945," "Standing Orders Breaches of Discipline," Militcirgeschichte 27(1988): s.546. Heinz Hiirten, Administrative HQ First Canadian Army, 25 May "Im Umbruch der Normen: Dokumente iiber die 1945. deutsche Militarjustiz nach der Kapitulation der 64. NAC, RG24, Vol. 10611, File 215.Cl009 (D33), 21st Wehrmacht," Militcirgeschichtliche Mitteilungen Army Group Administrative Instruction No.97, 17 2(1980): s.l37-l56 provides a good collection of May 1945. documents on the operation of German military 65. NAC, RG24, Vol. 13732, WD, lst Canadian Infantry courts in Norway after the capitulation. Division, Message 3873, 2 Canadian Infantry Brigade 54. Lothar Gruchmann, "Ausgewahlte Documente zur to lst Canadian Infantry Division, 1030 hours, 13 deutschen Marinejustiz im Zweiten Weltkrieg," May 1945. Stein also sent a staff officer to Mace and Vierteijahrsheftefiir Zeitgeschichte 26(1978): s.469. Bell-Irving with a formal request for rifles. Bell­ Seidler, s.33. "So etwas unterschreibt man nicht Irving, leaving for England that morning, answered: einfach," DerSpeigel43(3 November 1965): s.69-79. "No - Don't be a damn fool -The war is over! Please Anthony K. Martienssen, Hitler and His Admirals, convey those sentiments to your Commander." Letter, H.P. Bell-Irving to author, 26 June 1992.

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66. DHist 000.9 (Dl43), "List Commanders and 75. NAC, RG24, Vol. 13732, WD, lst Canadian Infantry Commanding Officers Canadian Army Units Division, 18 May 1945. Canadian military authorities Liberation of Netherlands, to May later refrained from despatching this deserter, a 1945." person named Urmanow, back to Germany. NAC, 67. NAC, RG24, Vol. 13732, WD, lst Canadian Infantry RG24, Vol. 10967, File 260C3.009 (D6). Memo., Division, Message 3890, German XXX Corps to lst Major J.M. Gray, 9 June 1945. Canadian Infantry Division, 1315 hours, 13 May 76. NAC, RG24, Vol. 10895, File 235Cl.Oll (Dl). 1945. Blaskowitz, one of Hitler's fanatic defence "Surrender Arrangements, 5 May-8 June 1945, generals, held a consistent dislike for deserters. On Divisional Point of View," Interview with Capt. D.G.E. 5 March 1945, during the retreat from the Western Molnar, 8 June 1945. Arthur Bessel, a Allies, an unsympathetic Blaskowitz ordered death German deserter originally from the Sudetenland, for all stragglers: "As from midday 10 March, all fell into the second category. DHist 142.11009 (D2), soldiers in all branches of the Wehrmacht who may Memo., lst Canadian AGRA, 17 May 1945. be encountered away from their units on roads or in 77. NAC, RG24, Vol. 15258, WD, Seaforth Highlanders, villages, in supply columns or among groups of 22 May 1945. civilian refugees, or in dressing-stations when not 78. NAC, RG24, Vol. 15258, WD, Seaforth Highlanders, wounded, and who announce that they are stragglers 15 May 1945. looking for their units, will be summarily tried and 79. NAC, RG24, Vol. 10611, File 215Cl.009 (D44). shot." Shulman, pp.349-350. "Approval Order of March," Lt. -Gen. Foulkes to 68. DHist ll2.3Hl.009 (Dl82). "Notes on questions by Blaskowitz. 21 May 1945. German magazine DER SPIEGEL from Military 80. Sir Francis De Guingand, Operation Victory, Hodder Attache, Bonn, through DGI/FLO," 30August 1966. and Stoughton, 1963, p.367. Stacey, Victory 69. Levie, Documents, p.l9l. Campaign, p.615. 70. Leslie C. Green, International Law: A Canadian 81. NAC,RG24,Vol.l0896,File235Cl.Ol3(D4). "Report. Perspective, Carswell, 1984, pp.279-280. The l st Canadian Infantry Division Week Ending 26 May Nuremburg War Crimes Tribunal dismissed the 1945," Prepared by Capt. T.J. Allen, 27 May 1945. defence of superior orders: "A soldier is a reasoning 82. NAC, RG24, Vol. 10967, File 260C3.009 (D6), Request, agent. He does not respond, and is not expected to XXX German Army Corps to lst Canadian Infantry respond like a piece of machinery ... To plead superior Division, Initialled by 3rd Canadian Infantry Brigade, orders one must show an excusable ignorance of 24 May 1945. German pioneer and engineering units their illegality." George F.G. Stanley, "Obedience To performed reconstruction work and cleared minefields Whom? To What?" Edgar Denton III, eds., Limits of in the Netherlands after the departure of the main Loyalty, Wilfrid Laurier University Press, 1980, p.l 0. German body. Maschke, XII: Hermann Jung, Die David Hughes-Morgan, "Disobedience to a Lawful deutschen Kriegsgejangenenen im Gewahrsam Military Command," MilitaryReview57(1977): p.74. Belgiens, der Niederlande und Luxemburgs, s.l83. 71. Toronto Daily Star, 25 October 1966, p.7. Webster Gerhard von Ledebur, "Die Raumung in den was "said to have been sick at his stomach from Gewassern von Nord-, West- und Osteuropa nach having seen the execution take place." DHist 81/ 1945," Marine Rundschau 67(1970): s.273-282. 669, Memo, J.H. Hollies to Brig. W.J. Lawson, 26 83. NAC, RG24, Vol. 10611, File 215Cl.009 (D33), 2nd October 1966. Canadian Infantry Division, Eclipse Instruction No.1, 72. DHist ll2.3Hl.003 (D3l), Interview with Dennis l5May 1945. NAC, RG24, Vol. 10610, File215Cl.009 Pierce by Group Captain J.H. Hollies, 9 October (Dl5), "lst Canadian Army- Holland, Situational 1966. Jay Baird, To Die for Germany: Heroes in the Maps- "Eclipse," May 1945. NaziPantheon, Indiana University Press, 1990, p.228. 84. Roy. p.442. Geoffrey Best, Honour Among Men and Nations, 85. Horn, p.l68. University ofToronto Press, 1981, p.65. In 1966, an 86. RobertRhodesJames, eds., WinstonS. Churchill: His apologetic Pierce also justified the event: "We tried to Complete Speeches 1897-1963, Volume VIII, Chelsea stop it, believe me, but there was nothing we could do House Publishers, 1974, p.8619. ... they were soldiers- we all were." The Vancouver 87. Arthur L. Smith, Jr., Churchill's German Army: Sun, 22 October 1966, pp.l-2. Wartime Strategy and Politics, 1943-1947, 73. NAC, RG24, Vol. 13732, WD, lst Canadian Infantry Volume 54, Sage Library of Social Research, Sage, Division, Message 3943, 2 Canadian Infantry Brigade 1977, p. 79. Arthur L. Smith, Jr., "Churchill et to lst Canadian Infantry Division, 2355 hours, 13 L'Armee Allemande (1945)." Revue d'Histoire de la May 1945. deuxieme Guerre 93(January 1974): p.72. 74. DHist l42.5M20ll (Dl), "Commander"PowisForce" 88. Montgomery, p.359. Winston S. Churchill, Triumph first month of "Eclipse,'"' Interview with Lt.-Col. A. and Tragedy, Houghton Mifflin Co., 1953, p.574. Powis, 12 June 1945. A war diary entry described 89. NAC, RG24, Vol. 10611, File 215Cl.009 (D33). Order, similar actions in the Eleventh Armoured Regiment First Canadian Army to Commander Twenty-Fifth (The Regiment): "Several German deserters German Army, 4 June 1945. Although Canada showed up at 1400 hours. All deserters from the participated (perhaps unwittingly) in British German Army are handled by the Germans preparations, the likelihood of Canada actually going themselves." DHist8l/669, Memo, S.F. Wise toJ.H. to war with the , an erstwhile ally, was Hollies, 16 November 1966. very remote. During this time, Canada increasingly

112 https://scholars.wlu.ca/cmh/vol2/iss1/8 20 Madsen: Victims of Circumstance: the Execution of German Deserters by Sur

sided with the more moderate Americans in political 100.DHist 81/669, Letter, Hellyer to McWhinney, 21 and diplomatic discussions. Denis Smith. Diplomacy December 1966. On 8 March 1967, the German of Fear: Canada and the Cold War 1941-1948, Embassy formally requested, through a diplomatic University of Toronto Press, 1988, p.84. Donald note to the Department ofExtemalAffairs, information Page, "Getting to Know the Russians- 1943-1948," for Cologne Public Prosecutor Christoph Vonderbank. Aloysius Balawyder, eds., Canada-Soviet Relations DHist 81/669, Letter, Group Captain William M. Lee 1939-1980, Mosaic Press, 1981, p.23. to McWhinney, 11 July 1967. The West Germans 90. Arthur Lee Smith, Jr., Heimkehr aus dem Zweiten only interviewed one Canadian witness. On 24 Weltkrieg: die Entlassung der deutschen November 1967, Pierce provided evidence at the Kriegsgefangenen, Nummer 51, Schriftenreihe der German Consulate in Vancouver. DHist 81/669, Vierte!jahrsheftefrlr Zeitgeschichte, Deutsche Verlags­ Memo, W.J. Lawson, 21 November 1967. Anstalt, 1985, s.4l-42. 91. V.R. Berghahn, Modem Germany: Society, economy and politics in the twentieth century, Cambridge University Press, 1982, p.199. 92. Globe and Mail, 18 October 1966, p.7. Skeletons in the closet haunted many personages in West German governments. "Zwei W orter," Der Spiegel5(24 J anuar Chris Madsen is a doctoral student at the 1966): s.41-42. "Das ist es, was mich plagt," Der University of Victoria. Spiegel40(26 September 1966): s.38-4l. "Er hat die Manneszuchtzersetzt," DerSpiegel11(10Aprill972): s.49. "Idee vom Eckpfeiler," Der Spiegel32(3l Juli 1972): s.40-4l. "Letzte Lektion," Der Spiegel39(24 September 1979): s.5l-52. 93. "Kriegsgerichte: Menschlich bednlckend," Der Spiegel 38(12 September 1966): s.58-61. The Canadian Department of National Defence knew of the incident before the article was published. In July 1966, Der Spiegel had requested information on the execution from Colonel A.S.A Galloway. the Canadian Military Attache in Bonn. DHist ll2.3H1.003 (D3l). Letter, Col. A.S.A. Galloway to Director General of Intelligence, Ottawa, 18 July 1966. 94. Toronto Daily Star, 24 October 1966, p.92. The Globe and Mail, 24 October 1966, p.l2. DHist 81/669, Memo, DND to Parliamentary Returns, 12 October 1966. 95. The Globe and Mail, 4 November 1966, p. 7. Captain John Bewis, the senior legal officer of the Canadian armed forces in Europe, agreed with Bower's appraisal. The Vancouver Sun, 27 October 1966, p.4l. 96. Interview with Professor Edward McWhinney, Simon Fraser University, Burnaby, , 14 May 1992. DHist 81/669, Letter, McWhinney to Hellyer, 23 September 1966. 97. Canada, Parliament, House of Commons, Debates, 1966, Volume VIII, lst Session, 27th Parliament, 7 October 1966, p.8510. 98. The Globe and Mail, 26 October 1966, p.lO. The Globe and Mail, 28 October 1966, p.l. DHist 181.009 (D30), "Judge Advocate General." R.A. McDonald, "The Law Firm of the Canadian Forces," Canadian Forces JAG Joumal2(1987): p.3. 99. Canada, Parliament, House of Commons, Debates, 1966, Volume XI, lst Session, 27th Parliament, 21 December 1966, p.11446. International Law Association, eds., The Canadian Yearbook of International Law, The University of British Columbia, 1968, p.325.

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