The Belgian Court of Cassation in the Turmoil of the Second Occupation

‘Die Vormachtstellung der Justiz ist gebrochen’ (‘The Predominance of Justice is Broken’) ¹

This chapter looks back at the policy of the lesser evil adopted by the Belgian authorities during the Second World War, namely the fact that they remained in place under the supervision of the Occupier. This policy allowed the national institutions, including justice, to be safeguarded. But this preservation had a price: the institutions were required, in accordance with international law, to compromise with the occupier and adopt a loyal attitude towards him. The Court of Cassation thus continued its role as guardian of the law. But the German ordinance of 14 May 1942, which prohibited the judges from examining the legality of the orders of the secretaries general, placed the Belgian high court before the most difficult decision in its history.