Chapter 2 which deals with armament, provides that up till the time at

which Germany is admitted as a member of the League of Nations, the armaments shall not be greater than the amount fixed in Table Number 11. In other words, Germany agrees that after she has become a member of the League of Nations, the armaments fixed in the said table shall remain in force until they are modified by the Council of the League of Nations. Furthermore, she hereby agrees strictly to observe the decisions of the Council of the League on this subject. (_TC-10_)

Article 168 reads:

“The manufacture of arms, munitions or any war material shall only be carried out in factories or works, the location of which shall be communicated to and approved by the governments of the Principal Allied and Associated Powers, and the number of which they retain the right to restrict. * * *” (_TC-10_)

Article 173, under the heading “Recruiting and Military Training”, deals with one matter, the breach of which is of great importance:

“Universal compulsory military service shall be abolished in Germany. The German Army may only be reconstituted and recruited by means of voluntary enlistment.” (_TC-10_)

The succeeding articles deal with the method of enlistment in order to prevent a quick rush through the army of men enlisted for a short time.

Article 180 provides:

“All fortified works, fortresses and field works situated in German territory to the west of a line drawn 50 kilometers to the east of the Rhine shall be disarmed and dismantled. * * *” (_TC-10_)

Article 181 contains naval limitations:

“After a period of two months from the coming into force of the present Treaty the German naval forces in commission must not exceed:

Six battleships of the Deutschland or Lothringen type

Six light cruisers

Twelve destroyers

Twelve torpedo boats

or an equal number of ships constructed to replace them as provided in Article 190.

“No submarines are to be included.

“All other warships, except where there is provision to the contrary in the present Treaty, must be placed in reserve or devoted to commercial purposes.” (_TC-10_)

Article 183 limits naval personnel to fifteen thousand, including officers and men of all grades and corps.

Article 191 provides:

“The construction or acquisition of any submarines, even for commercial purposes, shall be forbidden in Germany.” (_TC-10_)

Article 198, the first of the Air Clauses, commences:

“The armed forces of Germany must not include any military or naval air forces.” (_TC-10_)

The formal statement made at the German Air Ministry about the reinauguration of the Air Corps is reproduced in _TC-44_. The public proclamation of compulsory military service is contained in _TC-45_.

F. _Treaty between the United States and Germany Restoring Friendly Relations._

The purpose of this treaty (_TC-11_) was to complete the official cessation of hostilities between the United States of America and Germany; it also incorporated certain parts of the Treaty of Versailles. The relevant portion is Part 5, which repeats the clauses of the Treaty of Versailles which have been discussed immediately above.

G. _Treaty of Mutual Guarantee between Germany, Belgium, France, Great Britain, and Italy, done at Locarno, 16 October 1925._

Several treaties were negotiated at Locarno; they all go together and are to a certain extent mutually dependent. At Locarno, Germany negotiated five treaties: (_a_) the Treaty of Mutual Guarantee between Germany, Belgium, France, Great Britain, and Italy (_TC-12_); (_b_) the Arbitration Convention between Germany and France; (_c_) the Arbitration Convention between Germany and Belgium; (_d_) the Arbitration Treaty between Germany and Poland; and (_e_) an Arbitration Treaty between Germany and Czechoslovakia.

Article 10 of the Treaty of Mutual Guarantee (_TC-12_) provided that it should come into force as soon as ratifications were deposited at Geneva in the archives of the League of Nations, and as soon as Germany became a member of the League of Nations. The ratifications were deposited on 14 September 1926, and Germany became a member of the League of Nations.

The two arbitration conventions and the two arbitration treaties provided that they shall enter into force under the same conditions as the Treaty of Mutual Guarantee. (Article 21 of the arbitration conventions and Article 22 of the arbitration treaties.)

The most important of the five agreements is the Treaty of Mutual Guarantee (_TC-12_). One of the purposes was to establish in perpetuity the borders between Germany and Belgium, and Germany and France. It contains no provision for denunciation or withdrawal therefrom and provides that it shall remain in force until the Council of the League of Nations decides that the League of Nations ensures sufficient protection to the parties to the Treaty—an event which never happened in which case the Treaty of Mutual Guarantee shall expire one year later.

The general scheme of the Treaty of Mutual Guarantee is that Article 1 provides that the parties guarantee three things: the border between Germany and France, the border between Germany and Belgium, and the demilitarization of the Rhineland.

Article 2 provides that Germany and France, and Germany and Belgium agree that they will not attack or invade each other, with certain inapplicable exceptions; and Article 3 provides that Germany and France, and Germany and Belgium agree to settle all disputes between them by peaceful means. (_TC-12_)

The first important violation of the Treaty of Mutual Guarantee appears to have been the entry of German troops into the Rhineland on 7 March 1936. The day after, France and Belgium asked the League of Nations Council to consider the question of the German reoccupation of the Rhineland and the purported repudiation of the treaty. On 12 March, after a protest from the British Secretary for Foreign Affairs, Belgium, France, Great Britain, and Italy recognized unanimously that the reoccupation was a violation of this treaty. On 14 March, the League Council duly and properly decided that reoccupation was not permissible and that the Rhineland clauses of the pact were not voidable by Germany because of the alleged violation by France in the Franco-Soviet Mutual Assistance Pact.

That is the background to the treaty. The relevant articles are 1, 2, and 3, already mentioned; 4, which provides for the bringing of violations before the Council of the League, as was done; and 5, which deals with the clauses of the Versailles Treaty already mentioned. It provides:

“The provisions of Article 3 of the present Treaty are placed under the guarantee of the High Contracting Parties as provided by the following stipulations:

“If one of the Powers referred to in Article 3 refuses to submit a dispute to peaceful settlement or to comply with an arbitral or judicial decision and commits a violation of Article 2 of the present Treaty or a breach of Article 42 or 43 of the Treaty of Versailles, the provisions of Article 4 of the present Treaty shall apply.” (_TC-12_)

That is the procedure requiring reference to the League in the case of a flagrant breach or of more stringent action.

It may be recalled that Hitler had promised that the German Government would scrupulously maintain their treaties voluntarily signed, even though they were concluded before Hitler’s accession to power. No one has ever argued that Stresemann was in any way acting involuntarily when he signed this Locarno Pact on behalf of Germany, along with the other representatives. (The signature is not in Stresemann’s name, but by Herr Hans Luther.) This treaty, which repeats the violated provisions of the Versailles Treaty, was freely entered into and binds Germany in that regard. Article 8 deals with the preliminary enforcement of the Treaty by the League:

“The present Treaty shall be registered at the League of Nations in accordance with the Covenant of the League. It shall remain in force until the Council, acting on a request of one or other of the High Contracting Parties notified to the other signatory Powers three months in advance, and voting at least by a two-thirds majority, decides that the League of Nations ensures sufficient protection to the High Contracting Parties; the Treaty shall cease to have effect on the expiration of a period of one year from such decision.” (_TC-12_)

Thus, in signing this Treaty, the German representative clearly placed the question of repudiation or violation of the Treaty in the hands of others. Germany was at the time a member of the League, and a member in the Council of the League. Germany left the question of repudiation or violations to the decision of the League.

H. _Arbitration Treaty between Germany and Czechoslovakia, signed at Locarno in October 1925._

Article I is the governing clause of this treaty (_TC-14_). It provides:

“All disputes of every kind between Germany and Czechoslovakia with regard to which the Parties are in conflict as to their respective rights, and which it may not be possible to settle amicably by the normal methods of diplomacy, shall be submitted for decision either to an arbitral tribunal, or to the Permanent Court of International Justice as laid down hereafter. It is agreed that the disputes referred to above include, in particular, those mentioned in Article 13 of the Covenant of the League of Nations. This provision does not apply to disputes arising out of or prior to the present Treaty and belonging to the past. Disputes for the settlement of which a special procedure is laid down on other conventions in force between the High Contracting Parties, shall be settled in conformity with the provisions of those Conventions.”

This treaty was registered with the Secretariat of the League in accordance with Article 22, the second sentence of which shows that the Treaty was entered into and its terms in force under the same conditions as the Treaty of Mutual Guarantee. (_TC-12_)

This is the Treaty to which President Benes unsuccessfully appealed during the crisis in the Autumn of 1938.

I. _Arbitration Convention Between Germany and Belgium, signed at Locarno, October 1925._

(This treaty, _TC-13_, is discussed in Section 10 of this chapter dealing with the invasion of Belgium, Netherlands and Luxembourg.)

J. _Arbitration Treaty Between Germany and Poland, signed at Locarno, 16 October 1925._

(This treaty, _TC-15_, is discussed in Section 8 of this chapter dealing with the invasion of Poland.)

K. _Declaration of the Assembly of the League of Nations of 24 September 1927._

Germany had become a member of the League of Nations on 10 September 1926, a year before this Declaration was made.

The importance of this Declaration is not only its effect on International Law, but to the fact that it was unanimously adopted by the Assembly of the League of Nations, of which Germany was a free and active member at the time. Referring to the unanimous adoption of the Declaration, M. Sokal, the Polish Rapporteur, had this to say:

“The Committee was of opinion that, at the present juncture, a solemn resolution passed by the Assembly, declaring that wars of aggression must never be employed as a means of settling disputes between States, and that such wars constitute an international crime, would have a salutary effect on public opinion, and would help to create an atmosphere favorable to the League’s future work in the matter of security and disarmament.

“While recognizing that the draft resolution does not constitute a regular legal instrument, which would be adequate in itself and represent a concrete contribution towards security, the Third Committee unanimously agreed as to its great moral and educative value.” (_TC-18_)

M. Sokal then asked the Assembly to adopt the draft resolution, the terms of which show what so many nations, including Germany, had in mind at that time. The resolution recited that the Assembly—

“* * * recognizing the solidarity which unites the community of nations, being inspired by a firm desire for the maintenance of general peace, being convinced that a war of aggression can never serve as a means of settling international disputes, and in consequence an international crime; considering that the solemn renunciation of all wars of aggression would tend to create an atmosphere of general confidence calculated to facilitate the progress of the work undertaken with a view to disarmament:

“Declares: 1. That all wars of aggression are and shall always be prohibited.

“2. That every pacific means must be employed to settle disputes of every description, which may arise between States.

“That the Assembly declares that the States Members of the League are under an obligation to conform to these principles.” (_TC-18_)

The fact of the solemn renunciation of war was taken in the form of a roll call, and the President announced that:

“All the delegations having pronounced in favour of the declaration submitted by the Third Committee, I declare it unanimously adopted.” (_TC-18_)

L. _The Kellogg-Briand Pact of 1928._

(This treaty, _TC-19_, is discussed in Sir Hartley Shawcross’s opening address for Great Britain, to be found in Section 5, _supra_.)

M. _Assurances._

(1) _Austria._ On 21 May 1935 Hitler made a speech containing this assurance:

“Germany neither intends nor wishes to interfere in the domestic affairs of Austria, to annex Austria, or to attach that country to her. The German people and the German Government have, however, the very comprehensible desire, arising out of the simple feeling of solidarity due to a common national descent, that the right to self-determination should be guaranteed not only to foreign nations, but to the German people everywhere.

“I myself believe that no regime which is not anchored in the people, supported by the people, and desired by the people, can exist permanently.” (_TC-26_)

Similarly, in the Agreement between the German Government and the Government of the Federal State of Austria, on July 11, 1936, paragraph one stated as follows:

“The German Government recognizes the full sovereignty of the Federal State of Austria in the sense of the pronouncements of the German Leader and Chancellor of the 21st May, 1935.” (_TC-22_)

(2) _Czechoslovakia._ The German Assurance to Czechoslovakia is contained in the letter from M. Jan Masaryk to Viscount Halifax on the date of 12 March 1938 (_TC-27_). The first paragraph shows that Field Marshall Goering used the expression “_Ich gebe Ihnen Mein Ehrenwort_.” That means, “I give my word of honor.” The third paragraph shows that Goering had asked that there would not be a mobilization of the Czechoslovak Army. The fourth paragraph reads:

“M. Mastny was in a position to give him definite and binding assurances on this subject, and today he spoke with Baron von Neurath, who, among other things, assured him on behalf of Herr Hitler that Germany still considers herself bound by the German-Czechoslovak Arbitration Convention concluded at Locarno in October 1925.” (_TC-27_)

So that in 1935 Baron von Neurath was speaking on behalf of Germany on an agreement voluntarily concluded. Had there been the slightest doubt of that question, von Neurath gave the assurance on behalf of Hitler that Germany still considered itself bound by the German-Czechoslovakia Arbitration Convention on the 12 March 1938, six months before Dr. Benes made a hopeless appeal to it before the crisis in the Army in 1938.

Czechoslovakia’s difficult position is set out in the pregnant last paragraph:

“They can not however fail to view with great apprehension the sequel of events in Austria between the date of the bi-lateral agreement between Germany and Austria, 11 July 1936, and yesterday, 11 March 1938.” (_TC-27_)

On 26 September 1938, Hitler made an assurance to Czechoslovakia which contains important points as to the alleged German policy of getting Germans together in the Reich, for which the Nazi conspirators had purported to request a considerable time:

“I have a little to explain. I am grateful to Mr. Chamberlain for all his efforts, and I have assured him that the German people want nothing but peace; but I have also told him that I can not go back beyond the limits of our patience.” (_TC-28_)

(This occurred between the Godesberg Treaty and the Munich Pact).

“I assured him, moreover, and I repeat it here, that when this problem is solved there will be no more territorial problems for Germany in Europe. And I further assured him that from the moment when Czechoslovakia solves its other problems, that is to say, when the Czechs have come to an arrangement with their other minorities peacefully, and without oppression, I will no longer be interested in the Czech State. And that, as far as I am concerned, I will guarantee it. We don’t want any Czechs. But I must also declare before the German people that in the Sudeten-German problem my patience is now at an end. I made an offer to Herr Benes which was no more than the realization of what he had already promised. He now has peace or war in his hands. Either he will accept this offer and at length give the Germans their freedom, or we will get this freedom for ourselves.” (_TC-28_)

The Munich Agreement of 29 September 1938 (_TC-23_) was signed by Hitler, later by Mr. Chamberlain, Mr. Daladier, and Mussolini. It is largely a procedural agreement by which the entry of German troops into Sudeten-Deutsche territory is regulated. That is shown by the preliminary clause:

“Germany, the United Kingdom, France and Italy, taking into consideration the agreement which has been already reached in principle for the cession to Germany of the Sudeten-German territory have agreed on the following terms and conditions governing the said cession and the measures consequent thereon, and by this agreement they each hold themselves responsible for the steps necessary to secure fulfillment.” (_TC-23_)

Article 4 states that “The occupation by stages of the predominantly German territory by German troops will begin on 1 October.” The four territories are marked on the attached map. Article 6 provides that “The final determination of the frontiers will be carried out by the international commission.” (_TC-23_)

The agreement provides also for various rights of option and release from the Czech forces of Sudeten-Germans (TC-23). That was what Hitler was asking for in the somewhat rhetorical passage previously referred to (_TC-28_).

There is an annex to the Munich Agreement which is most significant:

“Annex to the Agreement:

“His Majesty’s Government in the United Kingdom and the French Government have entered into the above Agreement on the basis that they stand by the offer contained in Paragraph 6 of the Anglo-French Proposal of the 19th September, relating to an international guarantee of the new boundaries of the Czechoslovak State against unprovoked aggression.

“When the question of the Polish and Hungarian minorities in Czechoslovakia has been settled Germany and Italy, for their part, will give a guarantee to Czechoslovakia.” (_TC-23_)

The provision concerns “the Polish and Hungarian minorities,” not the question of Slovakia. That is why that the German action of the 15th of March was a flagrant violation of the letter and spirit of that Agreement. (For fuller discussion see Section 4 of this Chapter relating to aggression against Czechoslovakia.)

* * * * *

LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO TREATY VIOLATIONS

Document │ Description │ Vol. │ Page │ │ │ │Charter of the International Military │ │ │ Tribunal, Article 6 (a). │ I │ 5 │ │ │ │International Military Tribunal, │ │ │ Indictment Number 1, Sections V; VI; │ │ 29, 30, │ Appendix C. │ I │ 73 │ ————— │ │ │Note: A single asterisk (*) before a │ │ │document indicates that the document was│ │ │received in evidence at the Nurnberg │ │ │trial. A double asterisk (**) before a │ │ │document number indicates that the │ │ │document was referred to during the │ │ │trial but was not formally received in │ │ │evidence, for the reason given in │ │ │parentheses following the description of│ │ │the document. The USA series number, │ │ │given in parentheses following the │ │ │description of the document, is the │ │ │official exhibit number assigned by the │ │ │court. │ │ │ ————— │ │ *2289-PS │Hitler’s speech in the Reichstag, 7 │ │ │March 1936, published in Voelkischer │ │ │Beobachter, Berlin Edition, No. 68, 8 │ │ │March 1936. (USA 56) │ IV │ 994 │ │ │ *2798-PS │German Foreign Office minutes of the │ │ │meeting between Hitler and President │ │ │Hacha of Czechoslovakia, 15 March 1939. │ │ │(USA 118; GB 5) │ V │ 433 │ │ │ *TC-1 │Hague Convention for Pacific Settlement │ │ │of International Disputes signed at The │ │ │Hague, 29 July 1899. (GB 1) │ VIII │ 273 │ │ │ *TC-2 │Hague Convention (1) for Pacific │ │ │Settlement of International │ │ │Disputes—1907. (GB 2) │ VIII │ 276 │ │ │ *TC-3 │Hague Convention (3) Relative to opening│ │ │of Hostilities. (GB 2) │ VIII │ 279 │ │ │ *TC-4 │Hague Convention (5) Respecting Rights │ │ │and Duties of Neutral Powers and Persons│ │ │in War on Land. (GB 2) │ VIII │ 282 │ │ │ *TC-5 │Versailles Treaty, Article 42-44. (GB 3)│ VIII │ 288 │ │ │ *TC-6 │Versailles Treaty, Section VI, Article │ │ │80, Austria. (GB 3) │ VIII │ 289 │ │ │ *TC-7 │Versailles Treaty, Section VII, Article │ │ │81, Czecho-Slovak State. (GB 3) │ VIII │ 289 │ │ │ *TC-8 │Versailles Treaty, Section X, Article │ │ │99, Memel. (GB 3) │ VIII │ 289 │ │ │ *TC-9 │Versailles Treaty, Section XI, Article │ │ │100, Free City of Danzig. (GB 3) │ VIII │ 290 │ │ │ *TC-10 │Versailles Treaty, Part V, Military, │ │ │Naval and Air Clauses. (GB 3) │ VIII │ 291 │ │ │ *TC-11 │Treaty between the United States and │ │ │Germany restoring friendly relations, 25│ │ │August 1921. (USA 12) │ VIII │ 308 │ │ │ *TC-12 │Treaty of Mutual Guarantee between │ │ │Germany, Belgium, France, Great Britain │ │ │and Italy, done at Locarno, 16 October │ │ │1925. (GB 13) │ VIII │ 313 │ │ │ *TC-13 │Arbitration Convention between Germany │ │ │and Belgium at Locarno, 16 October 1925.│ │ │(GB 15) │ VIII │ 320 │ │ │ *TC-14 │Arbitration Treaty between Germany and │ │ │Czechoslovakia, signed at Locarno, 16 │ │ │October 1925. (GB 14) │ VIII │ 325 │ │ │ *TC-15 │Arbitration. Treaty between Germany and │ │ │Poland at Locarno, 16 October 1925. (GB │ │ │16) │ VIII │ 331 │ │ │ *TC-18 │Declaration concerning wars of │ │ │aggression; resolution of 3rd Committee │ │ │of League of Nations, 24 September 1927.│ │ │(GB 17) │ VIII │ 357 │ │ │ *TC-19 │Kellogg-Briand Pact at Paris. 1929 │ │ │Reichsgesetzblatt, Part II, No. 9, pp. │ │ │97-101. (GB 18) │ VIII │ 359 │ │ │ *TC-21 │German-Polish Declaration, 26 January │ │ │1934. (GB 24) │ VIII │ 368 │ │ │ *TC-22 │Agreement between Austria and German │ │ │Government and Government of Federal │ │ │State of Austria, 11 July 1936. (GB 20) │ VIII │ 369 │ │ │ *TC-23 │Agreement between Germany, the United │ │ │Kingdom, France and Italy, 29 September │ │ │1938. (GB 23) │ VIII │ 370 │ │ │ *TC-25 │Non-aggression Treaty between Germany │ │ │and USSR and announcement of 25 │ │ │September 1939 relating to it. (GB 145) │ VIII │ 375 │ │ │ *TC-26 │German assurance to Austria, 21 May │ │ │1935, from Documents of German Politics,│ │ │Part III, p. 94. (GB 19) │ VIII │ 376 │ │ │ *TC-27 │German assurances to Czechoslovakia, 11 │ │ │and 12 March 1938, as reported by M. │ │ │Masaryk, the Czechoslovak Minister to │ │ │London to Viscount Halifax. (GB 21) │ VIII │ 377 │ │ │ *TC-28 │German assurance to Czechoslovakia, 26 │ │ │September 1938, from Documents of German│ │ │Politics, Part VI, pp. 345-346. (GB 22) │ VIII │ 378 │ │ │ *TC-44 │Notice by German government of existence│ │ │of German Air Force, 9 March 1935. (GB │ │ │11) │ VIII │ 386 │ │ │ TC-45 │Proclamation to German People of 16 │ │ │March 1935. │ VIII │ 388 │ │ │ TC-46 │German memorandum to Signatories of │ │ │Locarno Pact reasserting full German │ │ │sovereignty over Rhineland, 7 March │ │ │1936. │ VIII │ 394 │ │ │ TC-47 │Hitler’s Proclamation of Invasion of │ │ │Austria, 12 March 1938. │ VIII │ 398 │ │ │ *TC-49 │Agreement with Czechoslovakia, 15 March │ │ │1939, signed by Hitler, von Ribbentrop, │ │ │Hacha and Chvalkovsky, from Documents of│ │ │German Politics, Part VII, pp. 498-499. │ │ │(GB 6) │ VIII │ 402 │ │ │ *TC-50 │Proclamation of the Fuehrer to the │ │ │German people and Order of the Fuehrer │ │ │to the Wehrmacht, 15 March 1939, from │ │ │Documents of German Politics, Part VII, │ │ │pp. 499-501. (GB 7) │ VIII │ 402 │ │ │ *TC-51 │Decree establishing the Protectorate of │ │ │Bohemia and Moravia, 16 March 1939. (GB │ │ │8) │ VIII │ 404 │ │ │ *TC-52 │Formal British protest against the │ │ │annexation of Czechoslovakia in │ │ │violation of the Munich Agreement, 17 │ │ │March 1939. (GB 9) │ VIII │ 407 │ │ │ *TC-53 │Formal French protest against the │ │ │annexation of Bohemia and Moravia in │ │ │violation of the Munich Agreement, 17 │ │ │March 1939. (GB 10) │ VIII │ 407 │ │ │ *TC-53-A │Marginal note to decree of final │ │ │incorporation of Memel with German │ │ │Reich, 23 March 1939, from Documents of │ │ │German Politics, Part VII, p. 552. (GB │ │ │4) │ VIII │ 408 │ │ │ *TC-54 │Proclamation of the Fuehrer to German │ │ │Armed Forces, 1 September 1939. (GB 73) │ VIII │ 408 │ │ │ *TC-54-A │“Danzig’s return to the Reich”, from │ │ │Documents of German Politics, Part VII, │ │ │p. 575. (GB 73) │ VIII │ 409 │ │ │ TC-62 │German declaration of war on U.S.A., 11 │ │ │December 1941, from Documents of German │ │ │Politics, Part IV, p. 497. │ VIII │ 432 │ │ │ **Chart No. 13 │Violations of Treaties, Agreements and │ │ │Assurances. (Enlargement displayed to │ │ │Tribunal.) │ VIII │ 782

8. AGGRESSION AGAINST POLAND, DANZIG, ENGLAND AND FRANCE

A. _Treaties Breached._

In addition to the general treaties involved—The Hague Convention in respect of the Pacific Settlement of International Disputes (_TC-2_); other Hague Conventions of 1907 (_TC-3_; _TC-4_); the Versailles Treaty (_TC-9_) in respect of the Free City of Danzig; and the Kellogg-Briand Pact (_TC-19_)—two specific agreements were violated by the German attack on Poland. These were the Arbitration Treaty between Germany and Poland, signed at Locarno on 16 October 1925, and the Declaration of Non-Aggression which was entered into between Germany and Poland on 26 January 1934.

The German-Polish Arbitration Treaty (_TC-15_) declares in the preamble and Articles 1 and 2:

“The President of the German Empire and the President of the Polish Republic:

“Equally resolved to maintain peace between Germany and Poland by assuring the peaceful settlement of differences which might arise between the two countries;

“Declaring that respect for the rights established by treaty or resulting from the law of nations is obligatory for international tribunals;

“Agreeing to recognize that the rights of a State cannot be modified save with its consent;

“And considering that sincere observance of the methods of peaceful settlement of international disputes permits of resolving, without recourse to force, questions which may become the cause of division between States;

“Have decided . . .”

“Article 1: All disputes of every kind between Germany and Poland with regard to which the Parties are in conflict as to their respective rights, and which it may not be possible to settle amicably by the normal methods of diplomacy, shall be submitted for decision either to an arbitral tribunal or to the Permanent Court of International Justice, as laid down hereafter.”

“Article 2: Before any resort is made to arbitral procedure before the Permanent Court of International Justice, the dispute may, by agreement between the Parties, be submitted, with a view to amicable settlement, to a permanent international commission, styled the Permanent Conciliation Commission, constituted in accordance with the present Treaty.” (_TC-15_)

Thereafter the treaty goes on to lay down the procedure for arbitration and for conciliation. Germany, however, in September 1939 attacked and invaded Poland without having first attempted to settle its disputes with Poland by peaceful means.

The second specific treaty, the German-Polish Declaration of 26 January 1934, reads in part:

“The German Government and the Polish Government consider that the time has come to introduce a new era in the political relations between Germany and Poland by a direct understanding between the States. They have therefore decided to establish by the present declaration a basis for the future shaping of those relations.

“The two Governments assume that the maintenance and assurance of a permanent peace between their countries is an essential condition for general peace in Europe.”

* * * * * *

“The declaration shall remain in effect for a period of ten years counting from the day of exchange of instruments of ratification. In case it is not denounced by one of the two governments six months before the expiration of that period of time, it shall continue in effect but can then be denounced by either government at a time of six months and at any time in advance.” (TC-21)

B. _German Intentions Before March 1939._

It has been previously shown that the actions against Austria and Czechoslovakia were in themselves part of the preparation for further aggression. Even at that time, before the Germans had seized the whole of Czechoslovakia, they were perfectly prepared to fight England, Poland, and France, if necessary, to achieve those aims. They appreciated the whole time that they might well have to do so. Furthermore, although not until after March 1939, did they commence upon their immediate and specific preparations for a specific war against Poland, nevertheless, they had for a considerable time before had it in mind specifically to attack Poland once Czechoslovakia was completely theirs.

During this period also—and this happens throughout the whole story of the Nazi regime in Germany—as afterwards, while they were making their preparations and carrying out their plans, they were giving to the outside world assurance after assurance so as to lull them out of any suspicion of their real object.

When the agreement with Poland was signed in January 1934, Hitler had this to say:

“When I took over the Government on the 30th of January, the relations between the two countries seemed to me more than unsatisfactory. There was a danger that the existing differences which were due to the Territorial Clauses of the Treaty of Versailles and the mutual tension resulting therefrom would gradually crystalize into a state of hostility which, if persisted, might too easily acquire the character of a dangerous traditional enmity.”

* * * * * *

“In the spirit of this Treaty the German Government is willing and prepared to cultivate economic relations with Poland in such a way that here, too, the state of unprofitable suspicion can be succeeded by a period of useful cooperation. It is a matter of particular satisfaction to us that in this same year the National Socialist Government of Danzig has been enabled to effect a similar clarification of its relations with its Polish neighbor.” (_TC-70_)

That was in 1934. Three years later, again on 30 January, speaking in the Reichstag, Hitler said:

“By a series of agreements we have eliminated existing tension and thereby contributed considerably to an improvement in the European atmosphere. I merely recall an agreement with Poland which has worked out to the advantage of both sides. True statesmanship will not overlook reality but consider them. The Italian nation and the new Italian state are realities. The German nation and the German Reich are equally realities, and to my own fellow citizens I would say that the Polish nation and the Polish state have also become a reality.” (_2868-PS_)

That was on 30 January 1937.

On 24 June 1937, a “Top Secret Order (_C-175_) was issued by the Reich Minister for War and Commander in Chief of the Armed Forces, signed “Von Blomberg”. There is the notation at the top, “Written by an Officer. Outgoing documents in connection with this matter and dealing with it in principle are to be written by an officer.” With it is enclosed a Directive for the Unified Preparation for War of the Armed Forces, to come into force on 1 August 1937. The enclosed directive is divided into