Special Courts
Encyclopedia
Special Courts were the underground court
s organized by the Polish Government in Exile
during World War II
in occupied Poland
. The courts determined punishment
s for the citizens of Poland
who were subject to the Polish law before the war.
. the German authorities of the General Gouvernment
mobilized all the pre-war Polish police
men to the German service. The so-called Navy-Blue Police
(Policja granatowa, nicknamed after the colour of their uniforms) were used as an auxiliary unit of the Gestapo
and Kripo, yet they had no means of executing law and order in the occupied country. At the same time, the German police forces and courts were more interested in persecution of Jews and members of Polish intelligentsia
and underground
rather than common criminals.
First underground, ad hoc courts were created alongside some of the first Polish resistance organizations as early as in 1939. At first, they were purely military, concerned only with the cases that would fall under military law (such as treason
). On April 16, 1940, the Polish Government in Exile
in London
decided that the underground Polish courts be created for prosecution of criminals, traitors
, informant
s and collaborators
. The structure and law regulating those courts were mostly finalized around 1942.
The Special Courts tried only the pre-war citizens of Poland who were legally subjects of the Polish law. No citizens of other states (including members of the occupying forces of Germany
and USSR) were ever sentenced by the Special Courts. However, at times such claims were made by the Bureau of Information and Propaganda
for propaganda
reasons; nevertheless, executions of members of the SS and Gestapo
were treated as elements of partisan
warfare. The reason for such policy was a belief that the agendas of the Polish Underground State should act as if the occupation and dismemberment of Poland never happened.
Polish special underground courts reviewed about 10,000 to 17,000 cases of collaboration, sentenced over 3,500 individuals to death (2,500 executions were carried out; many others were sentenced to punishments like beatings or fines, or with a recommendation for review of the case after the war).
s. According to the historians working for the Institute of National Remembrance
the courts fulfilled the five basic conditions:
However, some German historians claim that after 1939 Poland did not exist, and the execution of Polish law on German-held territory was therefore against international law. These claims remain controversial, since the annexation of Poland in 1939
was unilateral and acknowledged only by the Axis Powers
and the USSR (which later declared its pact with Germany null and void).
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
s organized by the Polish Government in Exile
Polish government in Exile
The Polish government-in-exile, formally known as the Government of the Republic of Poland in Exile , was the government in exile of Poland formed in the aftermath of the Invasion of Poland of September 1939, and the subsequent occupation of Poland by Nazi Germany and the Soviet Union, which...
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...
in occupied Poland
Poland
Poland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north...
. The courts determined punishment
Punishment
Punishment is the authoritative imposition of something negative or unpleasant on a person or animal in response to behavior deemed wrong by an individual or group....
s for the citizens of Poland
Poles
thumb|right|180px|The state flag of [[Poland]] as used by Polish government and diplomatic authoritiesThe Polish people, or Poles , are a nation indigenous to Poland. They are united by the Polish language, which belongs to the historical Lechitic subgroup of West Slavic languages of Central Europe...
who were subject to the Polish law before the war.
History
After the Polish Defense War of 1939Invasion of Poland (1939)
The Invasion of Poland, also known as the September Campaign or 1939 Defensive War in Poland and the Poland Campaign in Germany, was an invasion of Poland by Germany, the Soviet Union, and a small Slovak contingent that marked the start of World War II in Europe...
. the German authorities of the General Gouvernment
General Government
The General Government was an area of Second Republic of Poland under Nazi German rule during World War II; designated as a separate region of the Third Reich between 1939–1945...
mobilized all the pre-war Polish police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
men to the German service. The so-called Navy-Blue Police
Blue Police
The Blue Police, more correctly translated as The Navy-Blue Police was the popular name of the collaborationist police in the German occupied area of the Second Polish Republic, known as General Government during the Second World War...
(Policja granatowa, nicknamed after the colour of their uniforms) were used as an auxiliary unit 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...
and Kripo, yet they had no means of executing law and order in the occupied country. At the same time, the German police forces and courts were more interested in persecution of Jews and members of Polish intelligentsia
Intelligentsia
The intelligentsia is a social class of people engaged in complex, mental and creative labor directed to the development and dissemination of culture, encompassing intellectuals and social groups close to them...
and underground
Underground resistance
Underground resistance may refer to*Underground Resistance , a musical collective from Detroit, Michigan*Underground resistance during World War II, the inhabitants of various locales resisting the rule of the Nazis, the Empire of Japan, and Mussolini...
rather than common criminals.
First underground, ad hoc courts were created alongside some of the first Polish resistance organizations as early as in 1939. At first, they were purely military, concerned only with the cases that would fall under military law (such as 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...
). On April 16, 1940, the Polish Government in Exile
Polish government in Exile
The Polish government-in-exile, formally known as the Government of the Republic of Poland in Exile , was the government in exile of Poland formed in the aftermath of the Invasion of Poland of September 1939, and the subsequent occupation of Poland by Nazi Germany and the Soviet Union, which...
in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
decided that the underground Polish courts be created for prosecution of criminals, traitors
High treason
High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...
, informant
Informant
An informant is a person who provides privileged information about a person or organization to an agency. The term is usually used within the law enforcement world, where they are officially known as confidential or criminal informants , and can often refer pejoratively to the supply of information...
s and collaborators
Collaboration
Collaboration is working together to achieve a goal. It is a recursive process where two or more people or organizations work together to realize shared goals, — for example, an intriguing endeavor that is creative in nature—by sharing...
. The structure and law regulating those courts were mostly finalized around 1942.
The Special Courts tried only the pre-war citizens of Poland who were legally subjects of the Polish law. No citizens of other states (including members of the occupying forces of Germany
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...
and USSR) were ever sentenced by the Special Courts. However, at times such claims were made by the Bureau of Information and Propaganda
Bureau of Information and Propaganda
The Bureau of Information and Propaganda of the Headquarters of Związek Walki Zbrojnej, later of Armia Krajowa - in short: BIP) a conspiracy department created in spring 1940 during the German occupation of Poland, inside the Związek Walki Zbrojnej, then of the Supreme Command of Armia Krajowa...
for propaganda
Propaganda
Propaganda is a form of communication that is aimed at influencing the attitude of a community toward some cause or position so as to benefit oneself or one's group....
reasons; nevertheless, executions of members of the SS and 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...
were treated as elements of partisan
Partisan (military)
A partisan is a member of an irregular military force formed to oppose control of an area by a foreign power or by an army of occupation by some kind of insurgent activity...
warfare. The reason for such policy was a belief that the agendas of the Polish Underground State should act as if the occupation and dismemberment of Poland never happened.
Polish special underground courts reviewed about 10,000 to 17,000 cases of collaboration, sentenced over 3,500 individuals to death (2,500 executions were carried out; many others were sentenced to punishments like beatings or fines, or with a recommendation for review of the case after the war).
Debate
There is an on-going debate whether the World War II Polish Special Courts were lawful and obeyed the elementary lawLaw
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
s. According to the historians working for the Institute of National Remembrance
Institute of National Remembrance
Institute of National Remembrance — Commission for the Prosecution of Crimes against the Polish Nation is a Polish government-affiliated research institute with lustration prerogatives and prosecution powers founded by specific legislation. It specialises in the legal and historical sciences and...
the courts fulfilled the five basic conditions:
- The courts operated in the name of the Polish State and were subject to both pre-war Polish law and the wartime legislationLegislationLegislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
. - The courts penalized mostly the misdeeds included in the pre-war Polish law. Most of the trials were related either to high treasonHigh treasonHigh treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...
or collaborationCollaborationCollaboration is working together to achieve a goal. It is a recursive process where two or more people or organizations work together to realize shared goals, — for example, an intriguing endeavor that is creative in nature—by sharing...
. - There are no sources that would claim that the Special Courts sentenced anyone without sufficient evidenceEvidence (law)The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
of guiltGuiltGuilt is the state of being responsible for the commission of an offense. It is also a cognitive or an emotional experience that occurs when a person realizes or believes—accurately or not—that he or she has violated a moral standard, and bears significant responsibility for that...
. - The Special Courts were always trying to reach the lawful verdict. 40% of all the judicial procedures ended up with the defendantDefendantA defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
s found not guilty. 25% of the verdicts were capital punishmentCapital punishmentCapital 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...
, while the rest included lashCorporal punishmentCorporal punishment is a form of physical punishment that involves the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming a wrongdoer, or to deter attitudes or behaviour deemed unacceptable...
, infamyInfamyInfamy, in common usage, is notoriety gained from a negative incident or reputation . The word stems from the Latin infamia, antonym of fama ....
, banishment or fines. In many cases, the prosecution was suspended until the final liberation. - All of the procedures of the Polish law were obeyed. The only exception to that rule was the case of the so-called preemptive liquidation, when a person known for being a German spy or collaborator had to be executed before he could denunciate the resistance net.
However, some German historians claim that after 1939 Poland did not exist, and the execution of Polish law on German-held territory was therefore against international law. These claims remain controversial, since the annexation of Poland in 1939
Administrative division of Polish territories during World War II
Administrative division of Polish territories during World War II can be divided into several phases, when territories of the Second Polish Republic were administered first by Nazi Germany and Soviet Union , then in their entirety by Nazi Germany and finally by the Soviet Union...
was unilateral and acknowledged only by the Axis Powers
Axis Powers
The Axis powers , also known as the Axis alliance, Axis nations, Axis countries, or just the Axis, was an alignment of great powers during the mid-20th century that fought World War II against the Allies. It began in 1936 with treaties of friendship between Germany and Italy and between Germany and...
and the USSR (which later declared its pact with Germany null and void).