21/08/2026
70 Years Ago: The Ban on the Communist Party of Germany (KPD)
This time, we commemorate the ban on the KPD issued on August 17, 1956, by the highest court of the Federal Republic of Germany (FRG)—a move that was unprecedented among Western European nations at the time, though it was influenced by the Cold War and political repression in the United States (the McCarthy era).
But first, it is important to recall that the Communists and their supporters—as in most European countries—were among the most important forces in the anti-fascist struggle and among the activists opposing the advance of the NSDAP and its street-fighting organization, the SA. Although German fascism brutally persecuted all organizations of the labor movement, the Communists managed to organize an anti-fascist struggle even within the German Reich during the 12 years of N**i barbarism. In this struggle, which also had to hold its ground against the German “Volksgemeinschaft,” at least 30,000 Communists lost their lives, and a total of 150,000 fell victim to fascist persecution. Given this stance, it was entirely understandable that the liberated and surviving supporters of the KPD became key players in the anti-fascist and democratic renewal following liberation 1945.
However, this social recognition was incompatible with the political objectives of the political restoration in the Federal Republic of Germany (FRG), founded in 1949, as pursued by the Western Allies and the federal government of the time. Although the KPD won only a few seats in the German Bundestag during those years, communists and their allied forces were active in the extra-parliamentary movement against renazification and remilitarization. As a result, the Adenauer government began to outlaw the KPD. As early as 1950, efforts began to remove supporters of “KPD-affiliated organizations” from public service. Distinguished anti-fascists lost their positions in government agencies and the judiciary. This was followed in 1951 by the banning of the “Referendum against Remilitarization” and, in June, of the Free German Youth (FDJ). Even regional organizations of the Association of Victims of the N**i Regime (VVN) were banned. In August 1951, criminal provisions against high treason, endangering the state, and treason were introduced, and special political criminal chambers were established; through these, over 200,000 investigations were initiated between 1951 and 1958, and approximately 10,000 West Germans were sentenced to prison terms. In November 1951, the federal government filed a motion to ban the KPD.
Former N**i lawyers, such as Willi Geiger, served on the Federal Constitutional Court. Geiger was a member of the SA and the NSDAP; from 1941 to 1943, he worked as a prosecutor at the Bamberg Special Court, where he was responsible for several death sentences. After 1945, he was classified as “exonerated” and, beginning in 1951, was among the first judges at the newly established Federal Constitutional Court. It later came to light how this judge continuously informed the Adenauer government about internal decision-making processes at the Federal Court of Justice and the Federal Constitutional Court.
Hans Ritter von Lex, State Secretary in the Federal Ministry of the Interior, acted as the federal government’s representative for this motion to ban the party. From 1933 to 1945, he had served as a senior government official in the fascist Ministry of the Interior. Since he was not, nominally, a member of the NSDAP, nothing stood in the way of his career after 1945. At the opening of the court proceedings in 1954, he described the KPD in N**i-style rhetoric as a “dangerous source of infection within the body of our people, sending toxins into the bloodstream of the state and social life of the Federal Republic.” The proceedings yielded the desired result—despite public criticism from both within Germany and abroad. The KPD was banned on August 17, 1956.
On the same day, over 3,000 offices and apartments were searched, KPD officials were arrested, and printing shops, publishing houses, and editorial offices were shut down. The party’s assets, including real estate, printing presses, and cars, were confiscated by the state. A particularly cynical consequence of this ban was the retroactive withdrawal of compensation payments for periods of detention under fascist rule from numerous principled anti-fascists who remained true to their political convictions. At the time, the FIR and many of its member organizations protested against this ideological conviction in the Federal Republic of Germany.
To this day, the ban on the KPD has not been lifted, even though a legal Communist Party has existed in the Federal Republic of Germany again since 1968. Like the Sword of Damocles—which, among other things, provided the basis for the policy of professional bans („Berufsverbote“) and other state reprisals—the ban still exists in reunified Germany and appears to serve as a “bad example” for reprisals against communist parties in Central and Eastern European countries in particular.