The military courts were re-established in Germany through the ‘Act on the Re-introduction of Military Jurisdiction’ of May 12, 1933, and the Wehrmacht judiciary was expanded during the rearmament phase, in particular from when the war started in 1939. It is estimated that there were between 1,000 and 1,200 military courts, with each division having its own. A total of around 3,000 legal practitioners were employed as wartime judges and prosecutors: as the war progressed and more were hired, their level of qualification became increasingly low.
Military courts were responsible for proceedings conducted against members of the Wehrmacht but also against civilians, especially in occupied territories. During the occupation of the Soviet Union this only applied in exceptional cases, however. With the enactment of the Special Wartime Criminal Law Ordinance and the Wartime Criminal Procedure Code of 1938/39, the military courts held powers to proceed mercilessly. The Wehrmacht judiciary system saw itself as an organ of punishment under National Socialism, taking radical action both against alleged defeatism within its own ranks and against resistance on the part of foreigners. It is estimated that German military courts handed down a total of around 40,000 death sentences, of which a significant number were enforced.
During the war, military courts of the reserve army operated in Munich such as the army court on Artilleriestraße, which was also responsible for units in Garmisch and Mittenwald, and the air force court on Prinzregentenstraße. In addition to day-to-day crime in the reserve units, these courts imposed draconian sanctions for offenses against discipline. It has so far been possible to determine 32 convictions by Munich Wehrmacht courts on charges of desertion, unauthorized absence or self-mutilation, including 26 death sentences – all of which were enforced. In addition, at least 69 deserters from all over the Reich were executed in Munich and hundreds were imprisoned in the city.
There was also an SSand Police Court in Wagmüllerstraße in Munich which was primarily responsible for members of the Waffen-SS and the police, while the Supreme SS and Police Court was located at Karlstraße 10. At the end of the war, the SS and police set up summary courts that took draconian action against alleged defeatists. It was not until 2009 that those convicted on charges of ‘war treason’ were collectively rehabilitated.
