West Berlin (German: Berlin (West) or West-Berlin, German pronunciation: [ˈvɛstbɛʁˌliːn] ) was a political enclave which comprised the western part of Berlin from 1948 until 1990, during the Cold War. Although West Berlin was de jure not part of West Germany, lacked any sovereignty, and was under military occupation until German reunification in 1990, the territory was claimed by the Federal Republic of Germany (FRG). The legality of this claim was contested by the Soviet Union and other Eastern Bloc countries, although West Berlin de facto aligned itself politically with the FRG from May 1949, was thereafter directly or indirectly represented in its federal institutions, and most of its residents were citizens of the FRG.
West Berlin was formally controlled by the Western Allies and entirely surrounded by East Berlin and East Germany. West Berlin had great symbolic significance during the Cold War, as it was widely considered by westerners an "island of freedom". It was heavily subsidized by West Germany as a "showcase of the West". A wealthy city, West Berlin was noted for its distinctly cosmopolitan character, and as a centre of education, research and culture. With about two million inhabitants, West Berlin had the largest population of any city in Germany during the Cold War era.
West Berlin was 160 km (100 mi) east and north of the inner German border and only accessible by land from West Germany by narrow rail and highway corridors. It consisted of the American, British, and French occupation sectors established in 1945. The Berlin Wall, built in 1961, physically separated West Berlin from both the eastern half of the city and its hinterland in Brandenburg, until it fell in 1989. On 3 October 1990, the day Germany was officially reunified, East and West Berlin united, joined the Federal Republic as a Stadtstaat (city-state) and eventually became the capital of Germany again.
The London Protocol of 1944 and the Potsdam Agreement established the legal framework for the occupation of Germany in the wake of World War II. According to these agreements, Germany would be formally under the administration of four Allies (the United States, the United Kingdom, the Soviet Union, and France) until a German government "acceptable to all parties" could be established. The territory of Germany, as it existed in 1937, would be reduced by most of Eastern Germany thus creating the former eastern territories of Germany. The remaining territory would be divided into four zones, each administered by one of the four allied countries. Berlin, which was surrounded by the Soviet zone of occupation—newly established in most of Middle Germany—would be similarly divided, with the Western Allies occupying an enclave consisting of the western parts of the city. According to the agreement, the occupation of Berlin could end only as a result of a quadripartite agreement. The Western Allies were guaranteed three air corridors to their sectors of Berlin, and the Soviets also informally allowed road and rail access between West Berlin and the western parts of Germany.
At first, this arrangement was intended to be of a temporary administrative nature, with all parties declaring that Germany and Berlin would soon be reunited. However, as the relations between the Western Allies and the Soviet Union soured and the Cold War began, the joint administration of Germany and Berlin broke down. Soon, Soviet-occupied Berlin and western-occupied Berlin had separate city administrations. In 1948, the Soviets tried to force the Western Allies out of Berlin by imposing a land blockade on the western sectors—the Berlin Blockade. The West responded by using its air corridors for supplying their part of the city with food and other goods through the Berlin Airlift. In May 1949, the Soviets lifted the blockade, and West Berlin as a separate city with its own jurisdiction was maintained.
Following the Berlin Blockade, normal contacts between East and West Berlin resumed. This was temporary until talks were resumed. In 1952, the East German government began sealing its borders, further isolating West Berlin. As a direct result, electrical grids were separated and phone lines were cut. The Volkspolizei and Soviet military personnel also continued the process of blocking all the roads leading away from the city, resulting in several armed standoffs and at least one skirmish with the French Gendarmerie and the Bundesgrenzschutz that June. However, the culmination of the schism did not occur until 1961 with the construction of the Berlin Wall.
From the legal theory followed by the Western Allies, the occupation of most of Germany ended in 1949 with the establishment of the Federal Republic of Germany (West Germany) on 23 May and of the German Democratic Republic (East Germany) on 7 October. Under Article 127 of the Basic Law (or constitution) of the Federal Republic, provision was made for federal laws to be extended to Greater Berlin (as Berlin was called during the 1920 expansion of its municipal boundaries) as well as Baden, Rhineland-Palatinate and Württemberg-Hohenzollern within one year of its promulgation. However, because the occupation of Berlin could be ended only by a quadripartite agreement, Berlin remained an occupied territory under the formal sovereignty of the allies. Hence, the Basic Law was not fully applicable to West Berlin.
On 4 August 1950, the House of Representatives, the city's legislature, passed a new constitution, declaring Berlin to be a state of the Federal Republic and the provisions of the Basic Law as binding law superior to Berlin state law (Article 1, clauses 2 and 3). However, that became statutory law only on 1 September and only with the inclusion of the western Allied provision according to which Art. 1, clauses 2 and 3, were deferred for the time being; the clauses became valid law only on 3 October 1990 (the day of Germany's unification). It stated:
Article 87 is interpreted as meaning that during the transitional period Berlin shall possess none of the attributes of a twelfth Land. The provision of this Article concerning the Basic Law will only apply to the extent necessary to prevent a conflict between this Law and the Berlin Constitution....
Thus, civic liberties and personal rights (except for the privacy of telecommunications) guaranteed by the Basic Law were also valid in West Berlin.
In addition, West German federal statutes could only take effect in West Berlin with the approval of the city's legislature.
The ambiguous legal status of the city, then still legally styled as Greater Berlin (although technically only comprising the western sectors), meant that West Berliners were not eligible to vote in federal elections. In their notification of permission of 12 May 1949 the three western military governors for Germany explained their proviso in No. 4, as follows:
A third reservation concerns the participation of Greater Berlin in the Federation. We interpret the effect of Articles 23 and 144 (2) of the Basic Law as constituting acceptance of our previous request that while Berlin may not be accorded voting membership in the Bundestag or Bundesrat nor be governed by the Federation she may, nevertheless, designate a small number of representatives to the meetings of those legislative bodies.
Consequently, West Berliners were indirectly represented in the Bundestag in Bonn by 22 non-voting delegates chosen by the House of Representatives. Similarly, the Senate (the city's executive) sent four non-voting delegates to the Bundesrat. In addition, when the first direct elections to the European Parliament were held in 1979, West Berlin's three members were instead indirectly elected by the House of Representatives.
However, as West German citizens, West Berliners were able to stand for election in West Germany. For example, Social Democrat Willy Brandt, who eventually became Chancellor, was elected via his party's list of candidates. The West German government considered all West Berliners as well as all citizens of the GDR to be citizens of West Germany. Male residents of West Berlin were exempt from the Federal Republic's compulsory military service. This exemption made the city a popular destination for West German young people, which resulted in a flourishing counterculture, which in turn became one of the defining features of the city.