Berlin Declaration (1945)

By the Berlin Declaration (German: Berliner Erklärung/Deklaration) of 5 June 1945, the four govermments of the United States, Soviet Union, United Kingdom and France, acting on behalf of the Allies of World War II, jointly assumed "supreme authority" over German territory; and asserted the legitimacy of their joint determination of issues regarding its administration and boundaries, prior to the forthcoming Potsdam Conference.

The preamble of the declaration confirmed the complete legal extinction of Nazi Germany, following the death of Adolf Hitler on 30 April 1945, but the continued subsequent existence of a German national territory which for the purpose of the Declaration was taken to be as defined on 31 December 1937, although subject to the four signatory powers also asserting their authority to determine the future boundaries of Germany; an authority that would shortly be exercised in the incorporation of eastern territories into Poland and the Soviet Union. The preamble also confirmed the four nominated representatives of the Governments of the United States of America, the Union of Soviet Socialist Republics and the United Kingdom, and the Provisional Government of the French Republic as the "Allied Representatives" who would from then on exercise supreme civil and military authority within German territory and over former German forces. Otherwise the text of the declaration was that prepared for, but not eventually used in, the German Instrument of Surrender of 8 May 1945, in the form previously agreed by the European Advisory Commission; but not including the 'dismemberment clause' proposed as being added to the agreed surrender instrument at Yalta.

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