Denazification in Austria

Denazification was a legal process aimed at removing former Nazis from public life and clarifying their personal responsibility for crimes committed during the Nazi era. However, the implementation of this process is controversial to this day and is considered incomplete by historians such as Dieter Stiefel.

Definition

The term "denazification" is very broad, if one looks only at its linguistic content: In linguistic usage, it can be understood as the eradication of Nazi ideas from various areas of life by various means, such as literature, art, philosophical approaches, social or moral trends, or religion. However, the original concept of denazification is about a legal process carried out in Austria and other countries occupied by the Nazi regime after the end of the Second World War. The main goal of denazification was to remove the Nazi ideology and all its adherents from all political, economic, social, and cultural structures by means of laws and other constitutional methods. As a result, a thorough democratization and reorganization of these societies was to be made possible. The driving forces behind the process of denazification were primarily the Socialist Party (SPÖ), People’s Party (ÖVP) and Communist Party (KPÖ) on the one hand, and the Allied occupying powers Great Britain, France, the USA and the Soviet Union on the other. Four laws in particular form the legal basis for denazification: the Prohibition Act (Verbotsgesetz), the War Criminals Act (Kriegsverbrechergesetz), the National Socialist Act (Nationalsozialistengesetz) and the Federal Constitutional Law on Nazi Amnesty (Bundesverfassungsgesetz zur NS-Amnestie).

The Prohibition Act

The 1945 Prohibition Act was enacted as a constitutional law in Austria and was primarily intended to ban the NSDAP and its branches. It also ensured the criminal prosecution of former National Socialists. Anyone who belonged to the NSDAP or supported its goals under this law could be punished with death and the loss of their property. A central element was the obligation to register: all persons who were members of the NSDAP or its military associations (e.g. SS, SA, NSKK, NSFK) between 1933 and 1945 or who had applied for membership had to register themselves. False information or failure to report was punished. Former National Socialists who had reported themselves were liable to a prison sentence of at least five years if they did so again. The law also contained a general clause that allowed the government to order general prosecution in the event of extensive National Socialist activity - in order to effectively prevent re-activation. The Prohibition Act was supplemented by the War Crimes Act. Both laws together formed the basis for denazification in Austria.

War Criminals Act

This law was the legal extension of the Prohibition Act. It was a special law aimed at punishing all those who:

- committed crimes based on political ideals and above all through the exercise of violence,
- committed atrocious acts in foreign countries,
- tortured, degraded and also killed people, above all in concentration camps and as part of the state police.

National Socialist Act

The Prohibition Act, which came into force on May 8, 1945, was amended several times due to implementation issues. A major loophole was the use of so-called "white-washing certificates" ("Persilscheine") — statements of exoneration, often even from victims or former opponents of the Nazi regime, which helped suspected Nazis restore their reputation. The Allied powers also pressured the provisional Austrian government to implement a uniform denazification process across the country. As a result, the "National Socialist Act" was introduced as a major amendment to the Prohibition Act. It redefined the group of people to be registered: instead of focusing on formal criteria (like the date of joining the NSDAP), it emphasized actual involvement in the Nazi Party. The expanded list of people required to register included for example: Members of the Nazi Soldiers’ League and Officers' League, High-ranking Nazi functionaries, Members of the Gestapo and the SD, Authors of prohibited propaganda (texts or films) and collaborators who had actively supported the Nazi regime. At the same time, the law narrowed the registration requirements within certain Nazi organizations (like the NSKK and NSFK), and many individuals were exempted from the registration obligation. The law introduced a distinction between "offenders" ("Belastete") and "lesser offenders" ("Minderbelastete"):

- Offenders were seen as active supporters and faced harsher consequences.
- Lesser offenders were considered followers or passive participants and were treated more leniently.

They were subject to atonement obligations, which could include the following:

- Tax penalties,
- Employment restrictions,
- Political and personal limitations,
- Housing restrictions.

Lesser offenders regained their right to vote immediately, but were barred from standing for office or serving as jurors until April 30, 1950. This restriction was lifted early by the 1948 Amnesty Act.

People’s Court

According to State Secretary (Minister of Justice) Josef Gerö, the Austrian government needed to demonstrate to the public that it was not simply waiting for foreign countries to judge Nazi crimes under their own wartime laws. Instead, Austria aimed to take responsibility and restore order domestically. Although the Prohibition Act of 1945 had already provided for the punishment of Nazi crimes, it primarily applied to those who were members of the Nazi party illegally. Initially, the People's Courts operated as both first and final instance, with no option for appeals. This was seen as important to ensure that a large number of suspects could be tried quickly, but it also gave these courts significant power. To address concerns about possible judicial errors, the Review Act (BGBl 1946/4) allowed the President of the Supreme Court to suspend enforcement and have the case reviewed by a three-judge panel if doubts about the verdict arose. If serious concerns existed, new trials could be requested, or the case could be transferred to a different People's Court.

The time of the Nazi amnesties

Following an initial period of strict and unforgiving denazification, Austria began to ease restrictions and penalties. This shift was influenced by a broad amnesty in postwar Germany. If Austria had applied a similar level of amnesty, it would have essentially nullified its Nazi legislation. Many Austrians found the unequal treatment between Germany and Austria difficult to accept — especially given the Allies’ earlier declaration that Austria was the first victim of Nazi Germany. From mid-1947 onwards, the Austrian government attempted to persuade the Allies to grant amnesty to former Nazis, particularly those who had joined the Nazi Party in their youth. However, these efforts were rejected. Public dissatisfaction grew, as many Austrians could no longer understand or support the ongoing denazification measures. It's important to note that the situation in Austria was fundamentally different from Germany. In Germany, denazification varied between occupation zones, while in Austria, a centralized approach was taken. Although Austria regained local government authority as early as 1945/46, the Allied occupying powers still held ultimate power, meaning all changes — like ending denazification — required unanimous Allied agreement.

Conclusion

Whether the process of denazification in Austria was sufficient to eradicate National Socialist ideology — and with it, antisemitism — from society must be seriously questioned. In 1946, Chancellor Leopold Figl stated in an interview with the daily newspaper Kurier that denazification was "more or less completed." From September 1946 to February 1948, the Austrian population was surveyed about National Socialism. In December 1947, 51.0 percent of respondents stated that National Socialism was fundamentally a good idea, but had only failed in its implementation. This leads to the conclusion that denazification by legal means was only superficially successful in Austria.