Legal purge in Norway after World War II
Encyclopedia
When the occupation of Norway ended in May 1945, several thousand Norwegians and foreign citizens were tried and convicted for various acts that the occupying powers sanctioned. The scope, legal basis, and fairness of these trials has since been a matter of some debate.
of Norway
during World War II
created a number of constitutional issues, chiefly related to what was the legitimate Norwegian government, and whether the constitution and Norwegian code of law remained in effect during the occupation
. Although the occupying power, under Reichskommissar
Josef Terboven
and the puppet Norwegian regime
under Vidkun Quisling
claimed that the Norwegian government had abandoned its authority in the spring of 1940, the Norwegian government claimed that it had merely capitulated the military struggle for the homeland, while the executive branch had been given special powers by the Norwegian parliament through the Elverum Authorization
. The Norwegian government's claim was upheld both by parliament and the Norwegian Supreme Court after the war, which in turn led to an extensive set of indictments and convictions against Norwegian citizens for treason, and German citizens for war crimes.
As early as 1941 and 1942, the Norwegian government in exile put into effect a number of decrees regarding treasonous acts. Capital punishment
was reinstituted as an option, prison sentences under hard labor were approved, higher upper limits for financial penalties, and a new controversial measure known as "loss of public confidence," (tap av almenn tillit), effectively depriving those convicted of various civil privileges. These decrees reached a final, workable form on 15 December 1944, the so-called Landssvikanordning. Crimes defined in these decrees notably included membership in Nasjonal Samling, the Norwegian fascist party that collaborated with the Nazis.
The government in exile saw things differently, viewing the German government as an enemy of war. Anything that aided and encouraged the German occupation was therefore in principle considered treason
, including the mere membership in Nasjonal Samling. More obvious acts in support of Nasjonal Samling and/or the Nazi regime were also considered criminal, including economic support for the war effort and other financial crimes.
Norwegians who had volunteered for military service with the German
military
, and especially Germanic-SS
were subject to criminal prosecution; as were police officer
s in Sikkerhetspolitiet and Norwegian members of the Gestapo
. War crimes included torture, executions, and other mistreatment of prisoners.
) and the Norwegian police forces that had been trained in Sweden, were well briefed and prepared ahead of the official liberation on 8 May 1945. The government viewed it as paramount to avoid lynching
or other extrajudicial punishment. Though this was largely avoided, 28,750 individuals were arrested the first few days. Most of these were released quickly, but by August 1946, between 5,000 and 6,000 were still detained.
The Norwegian attorney general (the highest prosecuting authority in Norway) was responsible for the prosecution, in this case Sven Arntzen
. Considerable public and internal debate accompanied the trials from beginning to end, with Arntzen himself playing a highly public role in establishing the principles that should drive the trials.
, who later rose to fame as a socialist politician. Finally, although a number of Norwegians had served in the Waffen-SS
on the Eastern Front, these were only charged and tried for treason, never for war crimes
In total, 28,750 individuals were arrested as part of the purge; they were subject to various kinds of penalties, including fines, prison sentences, and in a small number of cases, death.
Altogether, prosecutors called for the death penalty in 200 cases of treason; of these, 30 were condemned, and 25 were carried out. From the beginning the practice was controversial, in part because the government instituted the death penalty before the parliament had convened after the war.
During the summer of 1945, there was a fierce debate in Norwegian newspapers about the prosecution and punishment of war criminals and traitors. Many spoke openly of retaliation, but others argued that death penalty was a "drawback for a civilized community". As tensions hardened, those fighting against the death penalty for humanitarian reasons were stigmatized as "the silk front". Those who favored harsh penalties were known as "the ice front". The editorial pages of Norwegian newspapers (Dagbladet
being one of the most prominent) demanded harsh penalties reminiscent of a witch-hunt
. In later years, studies and inquiries have shown that justice was administered unevenly and – by today's standards – harshly. Those who had sided with Nasjonal Samling were often publicly shamed beyond the fines they paid and time they served.
To this day, there is great sensitivity on this subject in Norwegian society.
Background
The German invasionOperation Weserübung
Operation Weserübung was the code name for Germany's assault on Denmark and Norway during the Second World War and the opening operation of the Norwegian Campaign...
of Norway
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
created a number of constitutional issues, chiefly related to what was the legitimate Norwegian government, and whether the constitution and Norwegian code of law remained in effect during the occupation
Occupation of Norway by Nazi Germany
The occupation of Norway by Nazi Germany started with the German invasion of Norway on April 9, 1940, and ended on May 8, 1945, after the capitulation of German forces in Europe. Throughout this period, Norway was continuously occupied by the Wehrmacht...
. Although the occupying power, under Reichskommissar
Reichskommissar
Reichskommissar , in German history, was an official gubernatorial title used for various public offices during the period of the German Empire and the Nazi Third Reich....
Josef Terboven
Josef Terboven
Josef Antonius Heinrich Terboven was a Nazi leader, best known as the Reichskommissar during the German occupation of Norway.-Early life:...
and the puppet Norwegian regime
Quisling regime
The Quisling regime, or the Quisling government are common names used to refer to the collaborationist government led by Vidkun Quisling in occupied Norway during the Second World War. The official name of the regime from 1 February 1942 until its dissolution in May 1945 was Nasjonale regjering...
under Vidkun Quisling
Vidkun Quisling
Vidkun Abraham Lauritz Jonssøn Quisling was a Norwegian politician. On 9 April 1940, with the German invasion of Norway in progress, he seized power in a Nazi-backed coup d'etat that garnered him international infamy. From 1942 to 1945 he served as Minister-President, working with the occupying...
claimed that the Norwegian government had abandoned its authority in the spring of 1940, the Norwegian government claimed that it had merely capitulated the military struggle for the homeland, while the executive branch had been given special powers by the Norwegian parliament through the Elverum Authorization
Elverum Authorization
The Elverum Authorization allowed the Norwegian executive branch to temporarily and legitimately assert absolute authority while removed from the capitol, Oslo...
. The Norwegian government's claim was upheld both by parliament and the Norwegian Supreme Court after the war, which in turn led to an extensive set of indictments and convictions against Norwegian citizens for treason, and German citizens for war crimes.
As early as 1941 and 1942, the Norwegian government in exile put into effect a number of decrees regarding treasonous acts. Capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
was reinstituted as an option, prison sentences under hard labor were approved, higher upper limits for financial penalties, and a new controversial measure known as "loss of public confidence," (tap av almenn tillit), effectively depriving those convicted of various civil privileges. These decrees reached a final, workable form on 15 December 1944, the so-called Landssvikanordning. Crimes defined in these decrees notably included membership in Nasjonal Samling, the Norwegian fascist party that collaborated with the Nazis.
Culpable acts during the occupation
Nasjonal Samling, the Norwegian fascist party that supported the Nazi regime, and was made the only legal party in Norway in the fall of 1940, never achieved any level of support that could justify a claim to legitimacy for its government. Quisling's claim to the government was based on the premise that the existing parties had abdicated their responsibilities by leaving Norway, and that Nasjonal Samling had taken the responsible course by assuming the mantle of governorship.The government in exile saw things differently, viewing the German government as an enemy of war. Anything that aided and encouraged the German occupation was therefore in principle considered treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
, including the mere membership in Nasjonal Samling. More obvious acts in support of Nasjonal Samling and/or the Nazi regime were also considered criminal, including economic support for the war effort and other financial crimes.
Norwegians who had volunteered for military service with the German
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
military
Military
A military is an organization authorized by its greater society to use lethal force, usually including use of weapons, in defending its country by combating actual or perceived threats. The military may have additional functions of use to its greater society, such as advancing a political agenda e.g...
, and especially Germanic-SS
Germanic-SS
The Germanic SS was the collective name given to SS groups which arose in Occupied Europe between 1939 and 1945.The units were modeled on the Allgemeine-SS in Nazi Germany...
were subject to criminal prosecution; as were police officer
Police officer
A police officer is a warranted employee of a police force...
s in Sikkerhetspolitiet and Norwegian members of the Gestapo
Gestapo
The Gestapo was the official secret police of Nazi Germany. Beginning on 20 April 1934, it was under the administration of the SS leader Heinrich Himmler in his position as Chief of German Police...
. War crimes included torture, executions, and other mistreatment of prisoners.
Process
Both the Norwegian paramilitary forces within the kingdom (MilorgMilorg
Milorg was the main Norwegian resistance movement in World War II....
) and the Norwegian police forces that had been trained in Sweden, were well briefed and prepared ahead of the official liberation on 8 May 1945. The government viewed it as paramount to avoid lynching
Lynching
Lynching is an extrajudicial execution carried out by a mob, often by hanging, but also by burning at the stake or shooting, in order to punish an alleged transgressor, or to intimidate, control, or otherwise manipulate a population of people. It is related to other means of social control that...
or other extrajudicial punishment. Though this was largely avoided, 28,750 individuals were arrested the first few days. Most of these were released quickly, but by August 1946, between 5,000 and 6,000 were still detained.
The Norwegian attorney general (the highest prosecuting authority in Norway) was responsible for the prosecution, in this case Sven Arntzen
Sven Arntzen
Sven Arntzen was a Norwegian barrister. He was also the acting director general of the Norwegian Prosecuting Authority from 1945 ot 1946, and played an important role in the legal purge in Norway after World War II....
. Considerable public and internal debate accompanied the trials from beginning to end, with Arntzen himself playing a highly public role in establishing the principles that should drive the trials.
Controversy
The prosecution of individuals who had served with the German Red Cross was questioned, among them Hanna KvanmoHanna Kvanmo
Hanna Kristine Kvanmo was a Norwegian politician for the Socialist Left Party...
, who later rose to fame as a socialist politician. Finally, although a number of Norwegians had served in the Waffen-SS
Waffen-SS
The Waffen-SS was a multi-ethnic and multi-national military force of the Third Reich. It constituted the armed wing of the Schutzstaffel or SS, an organ of the Nazi Party. The Waffen-SS saw action throughout World War II and grew from three regiments to over 38 divisions, and served alongside...
on the Eastern Front, these were only charged and tried for treason, never for war crimes
In total, 28,750 individuals were arrested as part of the purge; they were subject to various kinds of penalties, including fines, prison sentences, and in a small number of cases, death.
Altogether, prosecutors called for the death penalty in 200 cases of treason; of these, 30 were condemned, and 25 were carried out. From the beginning the practice was controversial, in part because the government instituted the death penalty before the parliament had convened after the war.
During the summer of 1945, there was a fierce debate in Norwegian newspapers about the prosecution and punishment of war criminals and traitors. Many spoke openly of retaliation, but others argued that death penalty was a "drawback for a civilized community". As tensions hardened, those fighting against the death penalty for humanitarian reasons were stigmatized as "the silk front". Those who favored harsh penalties were known as "the ice front". The editorial pages of Norwegian newspapers (Dagbladet
Dagbladet
Dagbladet is Norway's second largest tabloid newspaper, and the third largest newspaper overall with a circulation of 105,255 copies in 2009, 18,128 papers less than in 2008. The editor in chief is Lars Helle....
being one of the most prominent) demanded harsh penalties reminiscent of a witch-hunt
Witch-hunt
A witch-hunt is a search for witches or evidence of witchcraft, often involving moral panic, mass hysteria and lynching, but in historical instances also legally sanctioned and involving official witchcraft trials...
. In later years, studies and inquiries have shown that justice was administered unevenly and – by today's standards – harshly. Those who had sided with Nasjonal Samling were often publicly shamed beyond the fines they paid and time they served.
To this day, there is great sensitivity on this subject in Norwegian society.
People executed as part of the legal purge
In total, 45 individuals were condemned to death as a result of the legal purge – 30 for treason and 15 for war crimes. Of these, 37 were executed – the first on 17 August 1945 and the last on 28 August 1948. All were executed by an 11-member firing squad at five metres distance under the command of the local chief of police in one of the four cities (Oslo, Bergen, Trondheim, and Tromsø) designated for execution.Executed for treason
- Olav Aspheim, executed 19 March 1948, Akershus fortressAkershus FortressAkershus Fortress or Akershus Castle is a medieval castle that was built to protect Oslo, the capital of Norway. It has also been used as a prison.- Construction :...
, OsloOsloOslo is a municipality, as well as the capital and most populous city in Norway. As a municipality , it was established on 1 January 1838. Founded around 1048 by King Harald III of Norway, the city was largely destroyed by fire in 1624. The city was moved under the reign of Denmark–Norway's King... - Per Fredrik Bergeen, member of the Rinnan gang, executed 12 July 1947, Kristiansten FortressKristiansten FortressKristiansten Fortress is located on a hill east of the city of Trondheim in Sør-Trøndelag county, Norway. It was built after the city fire of Trondheim in 1681 to protect the city against attack from the east. Construction was finished in 1685. It fulfilled its purpose in 1718 when Swedish forces...
, TrondheimTrondheimTrondheim , historically, Nidaros and Trondhjem, is a city and municipality in Sør-Trøndelag county, Norway. With a population of 173,486, it is the third most populous municipality and city in the country, although the fourth largest metropolitan area. It is the administrative centre of... - Hermann Eduard Franz Dragass, executed 10 July 1948, Kristiansten
- Einar DønnumEinar DønnumEinar Olav Dønnum was a Norwegian Nazi collaborator who was executed during the legal purge in Norway after World War II.-World War II:...
, executed 22 April 1947, Akershus - Hans Birger Egeberg, Rinnan gang, executed 4 October 1945, Kristiansten
- Harald Grøtte, Rinnan gang, executed 12 July 1947, Kristiansten
- Alfred Josef Gärtner, executed 8 August 1946, Sverresborg fortressSverresborg (Bergen)Sverresborg is a fortress and former castle situated in the Norwegian city of Bergen.-History:It was built by king Sverre Sigurdsson in the mid 1180's, 250 meters northeast of Bergenhus fortress. King Sverre Sigurdsson also had a Sverresborg built in Trondheim...
, Bergen - Albert Viljam HagelinAlbert Viljam HagelinAlbert Viljam Hagelin was a Norwegian businessman and opera singer who became the Minister of Domestic Affairs in the Quisling regime, the puppet government headed by Vidkun Quisling during Germany's World War II occupation of Norway....
, executed 25 May 1946, Akershus - Olaus Salberg Peter Hamrun, Rinnan gang, 12 July 1947, Kristiansten
- Harry Arnfinn Hofstad, Rinnan gang, executed 12 July 1947, Kristiansten
- Reidar HaalandReidar HaalandReidar Haaland was a police officer and voluntary frontline soldier for the German forces.He hailed from Stavanger. He was a member of Nasjonal Samling from 6 December 1940, and on 20 June 1941 he joined Den Norske Legion. The legion became defunct in 1943, whereupon Haaland found work in...
, executed 17 August 1945, Akershus - Bjarne Konrad Jenshus, Rinnan gang, executed 12 July 1947, Kristiansten
- Johny Alf Larsen, executed 29 May 1947, Bremnes fortress, BodøBodøis a city and a municipality in Nordland county, Norway. It is part of the Salten region.The city of Bodø was established as a municipality on 1 January 1838 . Bodin was merged with Bodø on 1 January 1968. Skjerstad was merged with Bodø on 1 January 2005...
- Aksel Julius Mære, Rinnan gang, executed 12 July 1947, Kristiansten festning
- Hans Jakob Skaar Pedersen, executed 30 March 1946, Sverresborg
- Eilif Rye Pisani, executed 2 April 1947, Kvarven FortressKvarven fortKvarven Fort is a mountain fort strategically located by the coastal entry to Bergen, Norway.- Construction :In the late 1800s, relations between the two countries in the union between Sweden and Norway had gradually worsened; Norwegians were discontent and wanted independence. To account for the...
, Bergen - Vidkun QuislingVidkun QuislingVidkun Abraham Lauritz Jonssøn Quisling was a Norwegian politician. On 9 April 1940, with the German invasion of Norway in progress, he seized power in a Nazi-backed coup d'etat that garnered him international infamy. From 1942 to 1945 he served as Minister-President, working with the occupying...
, executed 24 October 1945, Akershus - Kristian Johan Randal, Rinnan gang, executed 12 July 1947, Kristiansten
- Henry Rinnan, leader of the Rinnan gang, executed 1 February 1947, Kristiansten
- Max Emil Gustav Rook, executed 5 June 1947, Sverresborg
- Harry Aleksander Rønning, Rinnan gang, executed 12 July 1947, Kristiansten
- Arne Braa Saatvedt, executed 20 October 1945, Akershus
- Ragnar SkanckeRagnar SkanckeRagnar Sigvald Skancke was the Norwegian Minister of Labour and Minister for Church and Educational Affairs in Vidkun Quisling's government of the Nasjonal Samling party during World War II.Before the war, Skancke was a highly respected professor of electrical engineering at the Norwegian...
, executed 28 August 1948, Akershus, the last person to be executed in Norway. - Holger Tou, executed 30 January 1947, Sverresborg
- Ole Wehus, executed 20 October 1945, Akershus
Executed for war crimes
- Richard Wilhelm Hermann Bruns, executed 20 September 1947, Akershus
- Siegfried Wolfgang FehmerSiegfried Wolfgang FehmerSiegfried Wolfgang Fehmer was a German Gestapo officer during World War II. He was stationed in Norway during the occupation of Norway by Nazi Germany, and at the end of the war he was a Kriminalrat, the police investigator heading the infamous Abteilung IV from its headquarter in Victoria...
, executed 16 March 1948, Akershus - Gerhard Friedrich Ernst FleschGerhard FleschGerhard Friedrich Ernst Flesch was a German Nazi executed for war crimes, specifically the torture and murder of members of the Norwegian resistance movement....
, executed 28 February 1948, Kristiansten - Nils Peter Bernhard Hjelmberg, executed 8 August 1946, Sverresborg
- Willi August Kesting, executed 8 August 1946, Sverresborg
- Karl-Hans Hermann Klinge, executed 28 March 1946, Akershus.
- Emil Hugo Friedrich Koeber, executed 22 March 1947, Kristiansten
- Julius Hans Christian Nielson, executed 10 July 1948, Kristiansten
- Ludwig Runzheimer, executed 6 July 1946, Sverresborg
- Rudolf Theodor Adolf Schubert, executed 20 September 1947, Akershus
- August Stuckmann, executed 28 March 1947, Akershus
- Otto Wilhelm Albert Suhr, executed 10 January 1948, Akershus
Persons sentenced for war crimes by allied law in Oslo 13 December 1945
- Hans Wilhelm Blomberg, executed 10 January 1946, Akershus fortress, Oslo
- Erich Hoffman, executed by hanging 15 May 1946, Hamelin prison, Hamburg
- Werner Seeling, executed 10 January 1946, Akershus fortress, Oslo
Persons sentenced for war crimes in Norway by Poland (Police and Gendarmerie Kaldvatten and Lappelv)
- George Koenig , executed 14 September 1947, Lodz, Poland
- Willi Mueckler, executed 14 September 1947, Lodz, Poland
- Fritz Gustaw Weidemann, executed 14 September 1947, Lodz, Poland
- Heinrich August Ossenkopp, executed 1949, Lodz, Poland
- Friedrich Ferdinand Schlette, executed 1949, Lodz, Poland