German Instrument of Surrender

The German Instrument of Surrender was a legal document effecting the unconditional surrender of the remaining German armed forces to the Allies, ending World War II in Europe. It was signed at 22:43 CET on 8 May 1945 and took effect at 23:01 CET on the same day.

The day before, Germany had signed another surrender document with the Allies in Reims in France, but it was not recognized by the Soviet Union, which demanded among other things that the act of surrender should take place at the seat of government of Nazi Germany from where German aggression had been initiated. Therefore, another document needed to be signed. In addition, immediately after signing the first document, the German forces were ordered to cease fire in the west and continue fighting in the east. Germany under the Flensburg Government led by the head of state, Grand-Admiral Karl Dönitz, also accepted the Allied suggestion to sign a new document. The document was signed at the seat of the Soviet Military Administration in Germany (Karlshorst, Berlin) by representatives from the German Oberkommando der Wehrmacht (OKW), the Allied Expeditionary Force represented by the British, and the Supreme High Command of the Soviet Red Army, with further French and American representatives signing as witnesses. This time, Field-Marshal Wilhelm Keitel was the highest ranking representative of Germany at the signing ceremony. This surrender document also led to the de facto fall of Nazi Germany. As one result of the German downfall, the Allies had de facto occupied Germany since the German defeat – which was later confirmed via the Berlin Declaration by the four countries of Allies as the common representative of new Germany (France, USSR, UK and the US), on 5 June 1945.

There were three versions of the surrender document – English, Russian, and German – with the English and Russian versions proclaimed in the document itself as the only authoritative ones.

On 30 April 1945, Adolf Hitler committed suicide inside his Führerbunker under the Reich Chancellery, after drawing up a testament in which Admiral Karl Dönitz succeeded him as next head of state of Germany, with the title of Reichspräsident, a vacant position dating back to the Weimar Republic. With the fall of Berlin two days later, and American and Soviet forces having linked up at Torgau on the Elbe, the area of Germany still under German military control was split in two. Moreover, the speed of the final Allied advances of March 1945, together with Hitler's insistent orders to stand and fight to the last, left the bulk of surviving German forces in isolated pockets and occupied territories mostly outside the boundaries of pre-Nazi Germany. Dönitz attempted to form a government at Flensburg on the Danish border. He was joined there on 2 May 1945 by the Oberkommando der Wehrmacht (OKW) (English: "High Command of the Armed Forces") under Wilhelm Keitel, which had previously relocated to Krampnitz near Potsdam, and then to Rheinsberg during the Battle of Berlin. Dönitz sought to present his government as 'unpolitical.’ However, there was no repudiation of Nazism, the Nazi Party was not banned, leading Nazis were not detained, and the symbols of Nazism remained in place. Because of these shortcomings, neither the Soviets nor the Americans recognized Dönitz or the Flensburg Government as capable of representing the German state.^{[citation needed]}

At Hitler's death, German armies remained in the Atlantic pockets of La Rochelle, St Nazaire, Lorient, Dunkirk and the Channel Islands; the Greek islands of Crete, Rhodes and the Dodecanese; most of Norway; Denmark; the northwestern Netherlands; northern Croatia; northern Italy; Austria; Bohemia and Moravia; the Courland peninsula in Latvia; the Hel Peninsula in Poland and in Germany towards Hamburg, facing British and Canadian forces; in Mecklenburg, Pomerania and the besieged city of Breslau, facing Soviet forces; and in southern Bavaria towards Berchtesgaden, facing American and French forces.

Representatives of the Soviet Union, the United States, and the United Kingdom working through the European Advisory Commission (EAC) throughout 1944 sought to prepare an agreed surrender document to be used in the potential circumstances of Nazi power being overthrown within Germany either by military or civil authorities, and a post-Nazi government then seeking an armistice. By 3 January 1944, the Working Security Committee in the EAC proposed:

that the capitulation of Germany should be recorded in a single document of unconditional surrender.

The committee further suggested that the instrument of surrender be signed by representatives of the German High Command. The considerations behind this recommendation were to prevent the repetition of the so-called stab-in-the-back myth, where extremists in Germany claimed that since the Armistice of 11 November 1918 had been signed only by civilians, the High Command of the Army carried no responsibility for the instrument of defeat or for the defeat itself.^{[citation needed]}