Wehrkraftzersetzung

Wehrkraftzersetzung death sentence issued by the People's Court on 8 September 1943 against Dr. Alois Geiger for defeatism

Wehrkraftzersetzung or Zersetzung der Wehrkraft (German for "undermining defence force") was a sedition offence in German military law during the Nazi Germany era from 1938 to 1945.

Wehrkraftzersetzung was enacted in 1938 by decree as Germany moved closer to World War II to suppress criticism of the Nazi Party and Wehrmacht leadership in the military, and in 1939, a second decree was issued extending the law to civilians.[note 1][1] Wehrkraftzersetzung consolidated and redefined paragraphs already in the military penal code to punish "seditious" acts such as conscientious objection, defeatist statements, self-mutilation, and questioning the Endsieg. Convictions were punishable by the death penalty, heavy sentences in military prisons, concentration camps, or Strafbataillons.[note 2]

Wehrkraftzersetzung was de facto abolished in 1945 after Nazi Germany's defeat, but text from the penal code continued to be used by the Federal Republic of Germany. On 25 August 1998 and 23 July 2002, after lengthy debate, the Bundestag removed the Nazi-era sentences from the German criminal justice system, and all Nazi military sentencing for conscientious objection, desertion, and all other forms of Wehrkraftzersetzung were repealed as unjust. Current German military law neither contains the term "undermining the military" nor its extensive rules, but a few offences included under the umbrella of Wehrkraftzersetzung remain on the statute books in a vague form.


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