A Spanish Genocide? Reflections on the Francoist Repression after the Spanish Civil War

In: Contemporary European history, Band 14, Heft 2, S. 171-191

Abstract

This article considers whether the Franco regime pursued a genocidal policy against Republicans after the formal ending of hostilities on 1 April 1939. In post-war Spain, the primary mechanism for punishing Republicans was military tribunals. Francoist military justice was based on the assumption that responsibility for the civil war lay with the Republic: defendants were tried for the crime of 'military rebellion'. This was, as Ramón Serrano Suñer admitted his memoirs, 'turning justice on its head'. But although it was extremely harsh, post-war military justice was never exterminatory. The article stresses that the institutionalisation of military justice from 1937, following the arbitrary murders of 1936, contributed to a relative decline in executions. Although the regime's determination to punish Republicans for 'military rebellion' inevitably led to the initiation of tens of thousands of post-war military investigations, only a minority of cases ended in execution. This was especially the case from January 1940, when the higher military authorities ended the autonomy of military tribunals over sentencing. This reassertion of central control in January 1940 was part of a wider policy to ease the self-inflicted problem of prison overcrowding; successive parole decrees led to a substantial and permanent decrease in the number of inmates by 1945. Allied victory in the Second World War did not mark the beginning but the end of the process of bringing to a close mass military justice.