He declared it to be an ineffective means of suppressing resistance. Hitler believed that the process of managing resistance and sabotage through the system of military justice was far too cumbersome and often too lenient. In addition to a large number of death sentences, these courts also handed down many prison sentences. This in turn meant an increased number of trials by overburdened military courts. In response, German counter-intelligence redoubled its efforts, capturing large numbers of resistance members and saboteurs. Consequently, the number of efforts aimed against occupation units and, in particular, acts of sabotage to destroy communication lines, steadily increased. At the same time, the entry of the Soviet Union into the war generated increased Communist resistance activity throughout German-occupied Europe, including France. The code name stemmed from Germany's most acclaimed poet and playwright, Johann Wolfgang von Goethe (1749–1832), who used the phrase to describe clandestine actions often concealed by fog and the darkness of night.ĭuring the summer of 1941, a large number of German troops withdrew from occupied France to participate in the invasion of the Soviet Union. This circumvented military procedure and various conventions governing the treatment of prisoners. They were, upon capture, to be brought to Germany "by night and fog" for trial by special courts. The "Night and Fog" decree was directed against persons in occupied territories engaging in activities intended to undermine the security of German troops.
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