German–American Intelligence Relations, 1945–1956: New Evidence on the Origins of the BND

Under the 1998 Nazi War Crimes Disclosure Act, the Central Intelligence Agency (CIA) released a certain amount of documents relating to a German–American intelligence co-operation that began almost immediately after the German surrender of May 1945; it lasted until 1956 when the Bundesnachrichtendienst (BND) was founded, today's German foreign and military intelligence service. The Americans assembled, supervised, and largely financed what is often referred to as the “Gehlen organisation,” named after its leader, former Wehrmacht general, Reinhard Gehlen, who was chief of the BND until his retirement in 1968. Whilst the existence of this co-operation had been known since the 1940s, largely due to Soviet subversion and propaganda, very little reliable information and virtually no original source material was available before the release of this, somewhat redacted, material in 2002 and 2007. This article provides a sketch of how former Wehrmacht officers, and even a number with an ominous SS past, who might well have been war criminals, came to work, first for United States military intelligence and, from 1949, for the CIA. It looks at some of their operations during those turbulent post-war years, which include the Berlin airlift and German rearmament in response to the Korean War. The potential of those newly declassified documents, unfortunately, cannot be corroborated from other sources as long as German and Russian archives remain closed. Despite its manifold limitations, this material provides an exciting window into transatlantic intelligence history.     

Reforming the Rules of the Parliamentary Game: Measuring and Explaining Changes in Parliamentary Rules in Austria,Germany, and Switzerland, 1945–2010

Questions of institutional change have recently received increased attention in comparative politics. Even though comparative legislative research has identified important effects of parliamentary rules on processes and outputs as well as large variation across countries, we know very little about changes in these rules. This article takes several steps towards mapping and explaining rule changes in European parliaments. Theoretically, it sketches a model explaining such changes based on the rational choice notion of institutions as endogenous equilibria. Methodologically, it proposes two complementary approaches to measure rule changes. In combination, these measures allow us to identify the content, relevance, and effects of changes in parliamentary rules. Empirically, the article provides the first systematic analysis of all changes in the parliamentary standing orders of Austria, Germany, and Switzerland since 1945. This analysis demonstrates that parliamentary rules are changed frequently and massively. It also identifies differences across countries and content areas that are largely in line with theoretical expectations.     

German Intelligence History: A Field in Search of Scholars

German historians have so far shown little interest in the history of intelligence services and in the role the craft of intelligence played in national and international politics. The sole exception is found in the historical writings on East Germany between 1945 and 1990, where the Ministry for State Security - or Stasi - has become the subject of dozens of highly valuable studies. This neglect cannot be explained simply by pointing to the difficulties in getting access to relevant source materials. A more plausible explanation is found in the reluctance on the part of most German intellectuals to study the broader questions of war and peace in international politics. Military history has been marginalised in post-1945 German universities. The same is largely true of international security studies, defence studies, studies of insurgency, terrorism and various related subjects. Peace and conflict studies, a discipline established sometime in the 1970s, has mostly avoided both war or intelligence. The deeper reasons for this neglect lie both in Germany's psychological atmosphere and in academic politics. Spy novels and spy movies are as popular in Germany as anywhere but their heroes almost never are Germans. Even those German intelligence officers and spies who worked against Hitler and might therefore be regarded as heroes are barely known in present-day Germany. Those few scholars who are now trying to build up the field of intelligence studies get little help from their government or from private funders. While East Germany publicly revered communist spies like Richard Sorge and Klaus Fuchs, the West German Bundesnachrichtendienst did and does nothing to publicise its achievements.     

German Idiosyncracies: Revisiting the finanzausgleich debate

Finanzausgleich. Die Verteilung der Aufgaben, Ausgaben und Einnahmen im Recht der Bundesrepublik Deutschland und der Europäischen Union. By ULRICH HÄDE. Tübingen: J.C.B. Mohr (Paul Siebeck), 1996, pp.619, DM 218.

Rechtliche und finanzwissenschaftliche Probleme der Neuordnung der Finanzbeziehungen von Bund und Ldndern im vereinten Deutschland. By KLAUS‐DIRK HENKE and GUNNER FOLKE SCHUPPERT. 1. Aufl., Baden‐Baden: Nomos Verlagsgesellschaft, 1993, pp.119, DM 41.

Der bundesstaatliche Finanzausgleich in Deutschland. Geschichtliche und staatsrechtliche Grundlagen. By JÜRGEN W HIDIEN, 1 Aufl., Baden‐Baden: Nomos Verlagsgesellschaft, 1999, pp.885, DM 198.

Die Verteilung der Umsatzsteuer zwischen Bund und Ldndern. By JÜRGEN W. HIDIEN. 1. Aufl., Baden‐Baden: Nomos Verlagsgesellschaft, 1998, pp.463, DM 98.

Handbuch Länderfinanzaugleich. By JÜRGEN W HIDIEN. 1. Aufl., Baden‐Baden: Nomos Verlagsgesellschaft 1999, pp.710, DM 178.

Finanzverfassung und Föderalismus in Deutschland und der Schweiz. By ALEXANDER JÖRG, 1. Aufl., Baden‐Baden: Nomos Verlagsgesellschaft 1998, pp.336, DM 88.

Bundesstaatliche Finanzordnung. Grundlagen, Bestand, Reform. By IRENE KESPER. 1. Aufl., Nomos Verlagsgesellschaft Baden‐Baden 1998, pp.430, DM 98.

Der Finanzausgleich zwischen Bund und Landern. By Stefan Korioth. Tubingen: J.C.B. Mohr (Paul Siebeck), 1997, pp.733, DM 228.

Grundlagen des Finanzverfassungsrechts (Sonderausgabe des Bonner Kommentars zum Grundgesetz ‐ Vorbemerkung zu Art. 104a bis 115 GG). By KLAUS VOGEL and CHRISTIAN WALDHOFF 1. Aufl., C.F. Müller Verlag, Hüthig GmbH Heidelberg 1999, pp.617, DM 178.     

Democracy through War?

This article brings together three strands of democracy research which have thus far seldom been informed by one another: the empirical research associated with the ‘democratic peace’ thesis, the juridical-normative questions of legality, and moral-philosophical reasoning about just war. Linking the statistical analysis of the democratic peace to the findings of comparative research on democratization and to the normative debates occurring in law and philosophy on just and legitimized wars, there is an inescapable conclusion that: jus ad bellum and jus post bellum criteria must be closely tied. The protection of people threatened by mass murder and brutal violations of human rights requires not only a short-term military intervention, but also the intensive support to establish sustainable rule of law and democracy. External actors intervening for humanitarian reasons equally have a duty to contribute to long-term sustainable state- and democracy-building. Forced regime change and an international trusteeship protectorate can become legitimate and necessary means to guarantee justice after war and to reconcile jus ad bellum principles with duties post bellum. A premature withdrawal of intervening forces, for example in Afghanistan or in Iraq, would amount to a flagrant violation of external actors' post-war duties.     

Age determination of blood spots in forensic medicine by force spectroscopy

We present a new tool for the estimation of the age of bloodstains, which could probably be used during forensic casework. For this, we used atomic force microscopy (AFM) for high-resolution imaging of erythrocytes in a blood sample and the detection of elasticity changes on a nanometer scale. For the analytic procedure we applied a fresh blood spot on a glass slide and started the AFM detection after drying of the blood drop. In a first step, an overview image was generated showing the presence of several red blood cells, which could easily be detected due to their typical "doughnut-like" appearance. The consecutively morphological investigations in a timeframe of 4 weeks could not show any alterations. Secondly, AFM was used to test the elasticity by recording force-distance curves. The measurements were performed immediately after drying, 1.5 h, 30 h and 31 days. The conditions were kept constant at room temperature (20 degrees C) and a humidity of 30%. The obtained elasticity parameters were plotted against a timeline and repeated several times. The elasticity pattern showed a decrease over time, which are most probably influenced by the alteration of the blood spot during the drying and coagulation process. The preliminary data demonstrates the capacity of this method to use it for development of calibration curves, which can be used for estimation of bloodstain ages during forensic investigations.     

The Concealed Information Test is Susceptible to Misleading Information

An approach toward detecting hidden knowledge is the Concealed Information Test (CIT). It relies on the memory of crime‐relevant information. This study investigated whether its validity is susceptible to memory distortion by misleading information. A misleading information paradigm was employed to distort memory prior to an interrogation with a CIT. Forty‐one participants watched a video with specific crime‐related information. After a 1‐week retention interval, misleading information was introduced. Afterward, a CIT was performed, followed by a threefold memory test. When misleading information was presented, memory performance was reduced, and no physiological response differences between crime‐relevant and crime‐irrelevant information were found. Without presenting misleading information, physiological responses differed between responses to crime‐relevant and crime‐irrelevant information. However, responses in all physiological measures also differed between misleading and irrelevant information. The results indicate that the CIT is susceptible to misleading information, which reduces its validity in specific constellations.     

Towards parliamentarisation of foreign and security policy?

Abstract

It is customary to argue that foreign policy is very much dominated by the executive, with parliaments wielding limited influence. However, with the exception of the US Congress, legislative?executive relations in the realm of foreign and security policy have attracted remarkably little scholarly attention. Drawing on a principal?agent framework, this collection scrutinises the conventional wisdom of ‘executive autonomy’ in foreign affairs, indicating that even though parliaments have arguably become more involved in foreign and security policy over time, any notions of parliamentarisation need to be treated with caution. While expectations of consensus in the name of the national interest continue to play an important role in foreign policy decision-making, the papers highlight the role of party-political contestation structuring parliamentary debates and votes in this increasingly politicised issue area. This introductory paper introduces the analytical framework and hypotheses guiding the contributions in this collection, summarises their main findings and suggests avenues for future research.