Justice, police and resistance. Policies and consequences 1940-1950

During the German occupation in 1940-1944, the existing Belgian judicial and policing institutions remained in function. In this different context, the traditional tasks of the judiciary and police (jurisdiction, law enforcement and maintaining order) took on a new meaning: they were not only in the interest of the state and population, but also in the interest of that of the occupiers. Remaining in office meant to collaborate with the occupiers to a certain extent, but it also provided opportunities to frustrate certain measures and protect the interests of the own institutions and population. The issue of the “lesser evil” with regard to the occupiers’ repression of the resistance was particularly problematic. The initial division of tasks – in which the German police forces and courts would prosecute acts aimed at the occupiers and the Belgian police forces and courts would prosecute violations of Belgian law – proved to be infeasible: very often, acts of resistance were not only directed at the occupiers, but also consisted of violations of Belgian law. Throughout the occupation, the question on who was competent in these matters was a source of conflict between the occupiers and the Belgian authorities. How did magistrates and members of the police forces react to this lack of clarity, and what did they do when confronted with German orders to co-operate in the repression of the resistance? This research will focus on the attitudes of individual magistrates and members of the police forces with regard to the resistance. Central themes will be their professional room for manoeuvre, the influence of their personal (political) views on their professional choices, the relationship with their superiors (and, if applicable, the occupiers) and the level on which the decision-making process took place.