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Chapter 30

THE ARMY REBUILDS; CIVIL AFFAIRS AND

MILITARY GOVERNMENT

The term "civil affairs and military government" is subject to various interpretations. However, certain working definitions can be formulated.

"Civil affairs," as commonly understood, deals with the relationship between our military forces in a friendly country (or area) and its civil authorities and population, either before, during, or after a period of hostilities or other emergency. In such a situation the military forces will usually perform certain functions, and exercise certain authority, normally pertaining to the civil government. The relationship is likely to be covered by a treaty or other agreement, expressed or implied.

"Military government" is the machinery by which an occupying Power exercises authority (executive, legislative, and judicial) over an occupied area. In international law, territory is considered to be occupied when it is actually placed under the authority of an invading army. When this occurs, the local civil government may not be able to exercise its normal authority; or

alternatively, the invader, in his own interest, may not allow it to do so. In either case the necessity arises for military government. Whether such government is in fact a military, civil, or mixed administration, its character and the source of its authority are the same. It is imposed by force, and the legality of its acts is determined by the rules of war.

However, experience has shown that either a "civil affairs" or a "military government" situation may be changed to become the other as military or political circumstances may dictate. A sharp line between the two is often hard to draw, since they have a common military nature and are both concerned with political, economic, and sociological matters, as affecting the accomplishment of our military mission. It is better not to attempt to distinguish between them, but to consider "Civil Affairs/Military Government" (CAMG), as it is commonly written, as a general and inclusive term applicable to varying conditions.

OBJECTIVES OF CAMG

The basic objectives of CAMG are the following

SUPPORT OF OUR MILITARY OPERATIONS. This involves such measures as the control of civil movement, the operation of camps for refugees and displaced persons, the organization of local civil defense agencies, the control of disease and improvement of health conditions, the mobilization of local labor, and the procurement of local supplies and facilities for military

use.

FULFILLMENT OF OBLIGATIONS. A commander has certain obligations to the population, government, and economy of the area affected, arising either from a treaty or civil affairs agreement (as is usual in friendly territory) or from the provisions of international law. Since it is the policy of the United States to discharge its responsibilities in an exemplary manner, faithful observance of international legal obligations is required of its agents and representatives. CAMG must

make provision for the discharge of these responsibilities.

SUPPORT AND IMPLEMENTATION OF NATIONAL POLICIES. National policies are established at the highest level of our Government. Within their framework, foreign and other policies pertaining to the CAMG field are developed by the Department of State, the Department of Defense, and other Federal agencies. CAMG must implement these policies within its area.

TRANSFER OF POWERS. On the cessation of hostilities, or as soon thereafter as the military situation permits, responsibility for the conduct of CAMG

MILITARY OCCUPATIONS

Prior to 1941 we had participated in twenty-one occupations of foreign soil. The most important were in connection with the Mexican War, the SpanishAmerican War, and World War I.

MEXICAN WAR. The military occupation of Mexico in 1847 was our first large-scale experience in military government. Many of the policies and techniques then formulated are still valid.

Major General Winfield Scott commanded the American "task force" which was sent to take Mexico City and force the surrender of the Mexican Government. He had a threefold task-military, diplomatic, and civil. His troops were limited, and the lines of communication with Vera Cruz, the port of invasion, were long and vulnerable. It was vital to keep this route open. He had to gain and maintain the good will of the leading citizens of Mexico. Finally, the dealings of his command with the people and public agencies of Mexico must be in consonance with American traditions and ideals, and also such as to promote the success of our military effort.

At that time there was no written international law governing the conduct of war or the treatment of the inhabitants of occupied territory. General Scott therefore issued a code of law, which he called "martial law." It provided a legal basis for two things: first, military government; and second, the trial of both civilians and troops by a military commission. This code is one source of our present-day concept of

operations is transferred from the military commander to a designated civil agency. The latter may be a reestablished local government or an agency of the United States or its allies. Detailed prior planning is needed to insure continuity of policies. While our forces remain in the area, their commander must deal with the civil government; for this purpose a staff agency is needed. United States or local agencies may be employed to furnish logistical support to our forces, and so permit the withdrawal of military administrative commands and technical service units.

BEFORE WORLD WAR II

military government.

During our occupation of central Mexico, Scott also issued a number of orders to the population. Mexican nationals were promised protection from wanton requisition and actions by the military. Cash was to be paid for all Army purchases and requisitions. Civilians were urged to bring in their livestock, grain, and vegetables for sale. Other activities of the occupation encompassed the fields of what are now known as specialized functions of military government: public safety, public finance, economic rehabilitation, and education. Proper respect was shown for the customs, laws, and religious usages of the country. Scott emphasized, in his proclamations, that he was fighting the Mexican government of Santa Anna, and not the Mexican people.

Scott made use of our existing military organization, instead of creating a special structure. He established areas of government which he placed under civil and military governors. They in turn made use of Mexican personnel, and of existing agencies of the Mexican Government, in performing their tasks.

SPANISH-AMERICAN WAR; THE OCCUPATION OF CUBA. During that war we invaded Cuba. In the treaty of peace Spain gave up all claim to sovereignty over Cuba. This left the island with no government. Accordingly President McKinley, by executive order, established a Division of Cuba, resulting in a reorganization of the territory under a de facto government adminis

tered by the War Department. It was intended, and had been made clear from the beginning, that Cuba was to become an independent nation, and that our military occupation would be temporary and brief.

The functioning of military government actually began with our occupation of the city of Santiago, which surrendered after a protracted siege. Major General Leonard Wood became military governor of the city. The population was suffering badly as a result of the siege. Within twenty-four hours Wood had organized the distribution of Army rations to the starving people. He requisitioned gangs of laborers and all the carts and draft animals he could find. Then he put the people to work cleaning up the city and removing the dead. He reorganized the local constabulary and put them on duty to maintain law and order. He issued large amounts of food, clothing, and medicine from captured Spanish, local Cuban, and existing Army stocks. He fixed food prices to avoid what are today called "black market" activities. Engineers were immediately directed to overhaul, repair, and modernize the water supply systems.

Three months after he had entered the city of Santiago, Wood became governor of the province of the same name. In this capacity he continued the work that he had begun in the city. Later, in December of 1899, he took over the entire Division of Cuba.

Almost from the beginning Wood made it a policy to encourage Cuban initiative and sense of responsibility. He began using Cubans in Government jobs which only Spaniards had held before, and started a Cuban civil service, in spite of protests that the Cubans were not prepared for self-government. The event fully justified his action.

Toward the end of his term, in line with our promise of freedom for Cuba, Wood ordered elections held to select the future officials of the Republic. His term ended when, on orders from President Roosevelt, he delivered the government into the hands of Presidentelect Palma in May of 1901.

WORLD WAR I. Our military occupation of Germany after World War I had three phases.

The Tactical Phase. On 1 December 1918 our Third Army entered Germany and began the occupation and govern ment of that country according to proclamations previously issued by Marshal Foch and General Pershing. Pershing's proclamation laid out the areas of Germany which were to be subject to military government, called on all Germans to resume their normal life while obeying all orders, and promised protection of their persons, homes, property, and religion. It was stated that offenders against Army orders would be punished, but that the American Army would follow the laws of civilized warfare. The Burgomeistern (Mayors) were oriented regarding the objectives of military government. Civilian officials were informed that they could continue in office if they consented to serve.

The original plan was to begin with minor variations in tactical military government; proceed to an occupationtype; and finally, utilizing militarygovernment officers who were already serving with tactical units, arrive at a separate government command. In the period 1 December 1918-30 May 1919, Advance GHQ of the AEF got as far as setting up five subdivisions for the support of military government: Public Works and Utilities, Fiscal Affairs, Sanitation, Schools and Charitable Institutions, and a Legal Department.

The Mixed Phase of Military Government. This began when Advance GHQ was dissolved on 1 June 1919. The Commanding General, Third Army, then became military governor. As our troops left for the United States, personnel who had become familiar with military government activities were retained in Germany.

Eventually the German territorial unit known as a Kreis (county) became the CAMG control unit. In charge of each Kreis was an American Army officer with the title "Kreis Officer in Charge of Civil Affairs." His permanent staff included a superior provost court and a chief medical and sanitation officer. The Kreis Officer, in turn, was responsible to the Officer in Charge of Civil Affairs, Third Army.

The Final Period. In this period, which began with the sharp reduction of our forces in Germany, our almost

uniform policy was to exercise control by means of subordinate military

governors in each Kreis, working under a supreme military governor.

WORLD WAR II, PREPARATIONS AND PROCEDURES

When we entered the war in December 1941, our Army's only trained CAMG officers were a few who had gained some experience in World War I. On the basis of the "Hunt Report" the War Department decided to start advance training for CAMG responsibilities. A School of Military Government at the University of Virginia was opened in May of 1942, and selected officers with appropriate civil backgrounds were sent there for 4-month courses. In addition, Civil Affairs Training Schools were established under contract with several universities, and continued in operation until April of 1946. They emphasized training for field operations, and included area training, language studies, and the application of professional and technical knowledge to CAMG situations. In May 1946 a School of Government for Occupied Areas was established at Carlisle Barracks (Pa.).

These advance preparations, which were unique in our history, were invaluable in the postwar occupation period. In spite of all the training and organizing, however, there was a

shortage of personnel. It became necessary to give direct commissions for employment in CAMG operations, and to form CAMG units from personnel of inactivated combat units.

In the theaters, although there were variations between commands, CAMG was generally a general staff (G5) function at corps, army, army group, and theater level, and either a general or a special staff function at division level. The CAMG operating units varied in size from one officer and one enlisted man to large detachments of more than 100 officers and 200 enlisted men. The size depended on the area for which the unit was responsible. The staff section remained with its headquarters as the troops advanced. Ordinarily the operating teams accompanied the forward elements of regimental combat teams, with support teams deployed behind them to relieve them of area responsibility; these generally shifting from division to corps and to army, as those headquarters successively assumed responsibility for the

areas.

MILITARY GOVERNMENT IN GERMANY

As a result of the Potsdam Agreement (August 1945), Germany's boundaries were established to include all of prewar (1936) Germany west of the Oder-Neisse line. German nationals, expelled from East Prussia, the area incorporated by Poland east of the OderNiesse, Hungary, and Czechoslovakia, moved into the present borders of Germany, significantly increasing its population density.

MILITARY GOVERNMENT STRUCTURE. There being no central government in Germany following VE-day. the commanders-in-chief (military governors) of the occupying powers were each vested with supreme authority in their respective zones and joint authority, through the Control Council, in matters affecting the coun

try as a whole. Immediately subordinate to the Control Council, and functioning as its executive arm, was the Coordinating Committee. Gen. Lucius D. Clay was the U.S. member for the Control Council; Maj. Gen. G. P. Hayes, for the Coordinating Committee.

Quadripartite discussions and negotiations in specific fields took place in the control staff, consisting of 10 directorates: political. legal, economic. finance, manpower, transport, internal affairs and communications, combined services (military, naval, air), reparations deliveries and restitution, and prisoners of war and displaced persons. The rule of unanimity required in the Control Authority frequently thwarted action, with the result that the zonal commanders practically functioned in

dependently.

Greater Berlin was under joint fourpower control, and divided for purposes of occupation into four sectors. The four commandants, approved by their four commanders-in-chief, served in rotation as chief commandant, but decisions required unanimity.

OFFICE OF MILITARY GOVERNMENT FOR GERMANY (UNITED STATES). This organization, known as OMGUS, was established on 1 October 1945, succeeding the United States Group Control Council. Gen. Joseph T. McNarney, who commanded United States forces in the European Theater, also served as Military Governor until March of 1947, when he was succeeded by Gen. Clay.

CAMG CONTROL MEASURES. OMGUS was responsible for carrying these out. Under the Potsdam Agreemen and a Joint Chiefs of Staff directive of May 1945, occupation forces were ordered to destroy Germany's military power and prevent its revival. German land, naval, and air forces were disbanded; more than eight million men were either discharged or transferred to the custody of the allied powers; and practically all military installations and war material were either destroyed or otherwise disposed of. The prevention of a recrudescence of German military power involved surveillance; prohibition of the planning or construction of military installations, and of the manufacture, import or transport of war materials; control of scientific research; capital reparations to countries which had suffered by Nazi aggression; and restrictions on industries easily convertible to military use.

The initial phase of denazification, handled principally by military government, was the destruction of Nazi organizations and the exclusion of active Nazis from positions of influence. Major responsibility for prosecuting certain cases was turned over to the Germans on 5 March 1946, under the Law of Liberation from National Socialism and Militarism. Quadripartite denazification policy was set forth on 12 October 1946 in Control Council Directive No. 38.

ECONOMIC REHABILITATION. The first actions of military government

were concerned with the immediate significance of physical devastation: lack of water, food, fuel, and transportation, and the maintenance of public health and safety. United States authorities then faced the broader economic implications of establishing a self-supporting economy, with physical controls designed to prevent a resurgent military-industrial machine.

Because of quadripartite failure to implement the Potsdam Agreement in treating Germany as a single economic unit, the United States proposed an economic fusion of its zone with any or all of the other zones. As a result we and Great Britain effected an economic union of our two zones on 1 January 1947. A quadripartite plan of March 1946 dealing with reparations and industry levels, which had set up rigid production limits, was modified in this bizonal area by a revised plan, the object of which was to make the area self-supporting, with production levels at about 75% of 1936 output.

Prewar Germany as a whole had produced about 80% of the food it consumed. The highly industrialized bizonal area had produced less than its proportionate share. As a result, in the immediate postwar years, and except for persons producing their own food, the daily ration was low. The 1945-46 average ration issued was 1,500 calories, and as late as 1947-48 it was estimated at only 1925 calories; to this could be added that obtained on the black market, estimated at 250 calories a day. However, the trend continued upward, and most communicable diseases were controlled.

Germany's prewar enonomy imported large quantities of food and raw materials, including agricultural products, textile fibers, hides and skins, and iron ore (11 million tons imported, against 3 million tons produced domestically). Exports consisted of industrial products such as machinery, chemicals, textiles, iron and steel, metal products, electric equipment, and coal. The four occupation zones remained economically interdependent. The bizonal area required seeds, food, feed, lumber, cellulose, newsprint, potash, and optical goods from the Soviet zone; and tobacco, lenses, steel, ammonia, pharmaceuticals,

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