7. TREATY VIOLATIONS

“If in its historical development the German people had possessed the unity of herd instinct by which other people have so much benefited, then the German Reich would probably be mistress of the globe today. World history would have taken another course, and in this case no man can tell if what many blinded pacifists hope to attain by petitioning, whining and crying may not have been reached in this way; namely, a peace which would not be based upon the waving of olive branches and tearful misery-mongering of pacifist old women, but a peace that would be guaranteed by the triumphant sword of a people endowed with the power to master the world and administer it in the service of a higher civilization.”

These passages emphasize clearly Hitler’s love of war and scorn of those whom he described as pacifists. The underlying message of this book, which appears again and again, is, firstly, that the struggle for existence requires the organization and use of force; secondly, that the Aryan-German is superior to other races and has the right to conquer and rule them; thirdly, that all doctrines which preach peaceable solutions of international problems represent a disastrous weakness in a nation that adopts them. Implicit in the whole of the argument is a fundamental and arrogant denial of the possibility of any rule of law in international affairs.

It is in the light of these general doctrines ofMein Kampfthat the more definite passages should be considered, in which Hitler deals with specific problems of German foreign policy. The very first page of the book contains a remarkable forecast of Nazi policy:

“German-Austria must be restored to the great German Motherland. And not, indeed on any grounds of economic calculation whatsoever. No, no. Even if the union were a matter of economic indifference, and even if it were to be disadvantageous from the economic standpoint, still it oughtto take place. People of the same blood should be in the same Reich. The German people will have no right to engage in a colonial policy until they shall have brought all their children together in one State. When the territory of the Reich embraces all the Germans and finds itself unable to assure them a livelihood, only then can the moral right arise, from the need of the people, to acquire foreign territory. The plough is then the sword; and the tears of war will produce the daily bread for the generations to come.”

Hitler, at page 553, declares that the mere restoration of Germany’s frontiers as they were in 1914 would be wholly insufficient for his purposes:

“In regard to this point I should like to make the following statement: To demand that the 1914 frontiers should be restored is a glaring political absurdity that is fraught with such consequences as to make the claim itself appear criminal. The confines of the Reich as they existed in 1914 were thoroughly illogical; because they were not really complete, in the sense of including all the members of the German nation. Nor were they reasonable, in view of the geographical exigencies of military defense. They were not the consequence of a political plan which had been well considered and carried out, but they were temporary frontiers established in virtue of a political struggle that had not been brought to a finish; and indeed, they were partly the chance result of circumstances.”

In further elaboration of Nazi policy, Hitler does not merely denounce the Treaty of Versailles; he desires to see a Germany which is a world power with territory sufficient for a future German people of a magnitude which he does not define. On page 554 he declares:

“For the future of the German nation the 1914 frontiers are of no significance * * *”* * * * * *“We National Socialists must stick firmly to the aim that we have set for our foreign policy, namely, that the German people must be assured the territorial area which is necessary for it to exist on this earth. And only for such action as is undertaken to secure those ends can it be lawful in the eyes of God and our German posterity to allow the blood of our people to be shed once again. Before God, because we are sent into this world with the commission to struggle for our daily bread, as creatures to whom nothing is donated and who must be able to win and hold their position as lordof the earth only through their own intelligence and courage. “And this justification must be established also before our German posterity, on the grounds that for each one who has shed his blood the life of a thousand others will be guaranteed to posterity. The territory on which one day our German peasants will be able to bring forth and nourish their sturdy sons will justify the blood of the sons of the peasants that has to be shed today. And the statesmen who will have decreed this sacrifice may be persecuted by their contemporaries, but posterity will absolve them from all guilt for having demanded this offering from their people.”

“For the future of the German nation the 1914 frontiers are of no significance * * *”

* * * * * *

“We National Socialists must stick firmly to the aim that we have set for our foreign policy, namely, that the German people must be assured the territorial area which is necessary for it to exist on this earth. And only for such action as is undertaken to secure those ends can it be lawful in the eyes of God and our German posterity to allow the blood of our people to be shed once again. Before God, because we are sent into this world with the commission to struggle for our daily bread, as creatures to whom nothing is donated and who must be able to win and hold their position as lordof the earth only through their own intelligence and courage. “And this justification must be established also before our German posterity, on the grounds that for each one who has shed his blood the life of a thousand others will be guaranteed to posterity. The territory on which one day our German peasants will be able to bring forth and nourish their sturdy sons will justify the blood of the sons of the peasants that has to be shed today. And the statesmen who will have decreed this sacrifice may be persecuted by their contemporaries, but posterity will absolve them from all guilt for having demanded this offering from their people.”

At page 557 Hitler writes:

“Germany will either become a world power or will not continue to exist at all. But in order to become a world power, it needs that territorial magnitude which gives it the necessary importance today and assures the existence of its citizens.”* * * * * *“We must take our stand on the principles already mentioned in regard to foreign policy, namely, the necessity of bringing our territorial area into just proportion with the number of our population. From the past we can learn only one lesson, and that is that the aim which is to be pursued in our political conduct must be twofold, namely: (1) the acquisition of territory as the objective of our foreign policy and (2) the establishment of a new and uniform foundation as the objective of our political activities at home, in accordance with our doctrine of nationhood.”

* * * * * *

“We must take our stand on the principles already mentioned in regard to foreign policy, namely, the necessity of bringing our territorial area into just proportion with the number of our population. From the past we can learn only one lesson, and that is that the aim which is to be pursued in our political conduct must be twofold, namely: (1) the acquisition of territory as the objective of our foreign policy and (2) the establishment of a new and uniform foundation as the objective of our political activities at home, in accordance with our doctrine of nationhood.”

Now, these passages fromMein Kampfraise the question, where did Hitler expect to find the increased territory beyond the 1914 boundaries of Germany? To this Hitler’s answer is sufficiently explicit. Reviewing the history of the German Empire from 1871 to 1918, he wrote, on page 132:

“Therefore, the only possibility which Germany had of carrying a sound territorial policy into effect was that of acquiring new territory in Europe itself. Colonies cannot serve this purpose so long as they are not suited for settlement by Europeans on a large scale. In the nineteenth century it was no longer possible to acquire such colonies by peaceful means. Therefore, any attempt at such colonial expansion would have meant an enormous military struggle. Consequently it would have been more practical to undertake that military struggle for new territory in Europe, rather than to wage war for the acquisition of possessions abroad.“Such a decision naturally demanded that the nation’s undivided energies should be devoted to it. A policy of that kind, which requires for its fulfillment every ounce of available energy on the part of everybody concerned, cannot be carried into effect by half measures or in a hesitant manner. The political leadership of the German Empire should then have been directed exclusively to this goal. No political step should have been taken in response to other considerations than this task and the means of accomplishing it. Germany should have been alive to the fact that such a goal could have been reached only by war, and the prospect of war should have been faced with calm and collected determination. The whole system of alliances should have been envisaged and valued from that standpoint.“If new territory were to be acquired in Europe it must have been mainly at Russia’s cost, and once again the new German Empire should have set out on its march along the same road as was formerly trodden by the Teutonic Knights, this time to acquire soil for the German plough by means of the German sword and thus provide the nation with its daily bread.”

“Such a decision naturally demanded that the nation’s undivided energies should be devoted to it. A policy of that kind, which requires for its fulfillment every ounce of available energy on the part of everybody concerned, cannot be carried into effect by half measures or in a hesitant manner. The political leadership of the German Empire should then have been directed exclusively to this goal. No political step should have been taken in response to other considerations than this task and the means of accomplishing it. Germany should have been alive to the fact that such a goal could have been reached only by war, and the prospect of war should have been faced with calm and collected determination. The whole system of alliances should have been envisaged and valued from that standpoint.

“If new territory were to be acquired in Europe it must have been mainly at Russia’s cost, and once again the new German Empire should have set out on its march along the same road as was formerly trodden by the Teutonic Knights, this time to acquire soil for the German plough by means of the German sword and thus provide the nation with its daily bread.”

To this program of expansion in the East Hitler returns again, at the end ofMein Kampf. After discussing the insufficiency of Germany’s pre-war frontiers, he again points the path to the East and declares that theDrang nach Osten, the drive to the East, must be resumed:

“Therefore we National Socialists have purposely drawn a line through the line of conduct followed by pre-war Germany in foreign policy. We put an end to the perpetual Germanic march towards the South and West of Europe and turn our eyes towards the lands of the East. We finally put a stop to the colonial and trade policy of pre-war times and pass over to the territorial policy of the future. But when we speak of new territory in Europe today we must principally think of Russia and the border states subject to her.”

Hitler was shrewd enough to see that his aggressive designs in the East might be endangered by a defensive alliance between Russia, France, and perhaps England. His foreign policy, as outlined inMein Kampf, was to detach England and Italy from France and Russia and to change the attitude of Germany towards France from the defensive to the offensive.

On page 570 ofMein Kampfhe wrote:

“As long as the eternal conflict between France and Germany is waged only in the form of a German defense against the French attack, that conflict can never be decided, and fromcentury to century Germany will lose one position after another. If we study the changes that have taken place, from the twelfth century up to our day, in the frontiers within which the German language is spoken, we can hardly hope for a successful issue to result from the acceptance and development of a line of conduct which has hitherto been so detrimental for us.“Only when the Germans have taken all this fully into account will they cease from allowing the national will-to-live to wear itself out in merely passive defense; but they will rally together for a last decisive contest with France. And in this contest the essential objective of the German nation will be fought for. Only then will it be possible to put an end to the eternal Franco-German conflict which has hitherto proved so sterile.“Of course it is here presumed that Germany sees in the suppression of France nothing more than a means which will make it possible for our people finally to expand in another quarter. Today there are eighty million Germans in Europe. And our foreign policy will be recognized as rightly conducted only when, after barely a hundred years, there will be 250 million Germans living on this Continent, not packed together as the coolies in the factories of another Continent but as tillers of the soil and workers whose labour will be a mutual assurance for their existence.”

“Only when the Germans have taken all this fully into account will they cease from allowing the national will-to-live to wear itself out in merely passive defense; but they will rally together for a last decisive contest with France. And in this contest the essential objective of the German nation will be fought for. Only then will it be possible to put an end to the eternal Franco-German conflict which has hitherto proved so sterile.

“Of course it is here presumed that Germany sees in the suppression of France nothing more than a means which will make it possible for our people finally to expand in another quarter. Today there are eighty million Germans in Europe. And our foreign policy will be recognized as rightly conducted only when, after barely a hundred years, there will be 250 million Germans living on this Continent, not packed together as the coolies in the factories of another Continent but as tillers of the soil and workers whose labour will be a mutual assurance for their existence.”

Mein Kampf, taken in conjunction with the facts of Nazi Germany’s subsequent behavior towards other countries, shows that from the very first moment that they attained power, and indeed long before that time, Hitler and his confederates were engaged in planning and fomenting aggressive war.

Events have proved thatMein Kampfwas no mere literary exercise to be treated with easy indifference, as unfortunately it was treated for so long. It was the expression of a fanatical faith in force and fraud as the means to Nazi dominance in Europe, if not in the whole world. In accepting and propagating the jungle philosophy ofMein Kampf, the Nazi conspirators deliberately set about to push civilization over the precipice of war.

It might be thought, from the melancholy story of broken treaties and violated assurances, that Hitler and the Nazi Government did not even profess that it is necessary or desirable to keep the pledged word. Outwardly, however, the professions were very different. With regard to treaties, on the 18 October1933, Hitler said, “Whatever we have signed we will fulfill to the best of our ability.”

The reservation is significant—“Whatever we have signed.”

But, on 21 May 1935, Hitler said, “The German Government will scrupulously maintain every treaty voluntarily signed, even though it was concluded before their accession to power and office.”

On assurances Hitler was even more emphatic. In the same speech, the Reichstag Speech of 21 May 1935, Hitler accepted assurances as being of equal obligation, and the world at that time could not know that that meant of no obligation at all. What he actually said was,

“And when I now hear from the lips of a British statesman that such assurances are nothing and that the only proof of sincerity is the signature appended to collective pacts, I must ask Mr. Eden to be good enough to remember that it is a question of assurance in any case. It is sometimes much easier to sign treaties with the mental reservations that one will consider one’s attitude at the decisive hour than to declare before an entire nation and with full opportunity one’s adherence to a policy which serves the course of peace because it rejects anything which leads to war.”

And then he proceeded with the illustration of his assurance to France.

In this connection the position of a treaty in German law should not be forgotten. The appearance of a treaty in theReichsgesetzblattmakes it part of the statute law of Germany, so that a breach thereof is also a violation of German domestic law.

(This section deals with fifteen only of the treaties which Hitler and the Nazis broke. The remainder of the 69 treaties which the German Reich violated between 1933 and 1941 are dealt with in other sections of this chapter.)

A.Convention for the Pacific Settlement of International Disputes, signed at the Hague on the 29th of July, 1899.

The Hague Conventions are of course only the first gropings towards the rejection of the inevitability of war. They do not render the making of aggressive war a crime, but their milder terms were as readily broken as more severe agreements.

On 29 July, 1899, Germany, Greece, Serbia, and 25 other nations signed a convention (TC-1). Germany ratified the convention on 4 September 1900, Serbia on the 11 May 1901, Greece on the 4 April 1901.

By Article 12 of the treaty between the Principal Allied and Associated Powers and the Serb-Croat-Slovene State, signed at the St. Germaine-en-Laye on 10 September 1919, the new Kingdom succeeded to all the old Serbian treaties, and later changed its name to Yugoslavia.

The first two articles of this Hague Convention read:

“Article 1: With a view to obviating as far as possible recourse to force in the relations between states, the signatory powers agree to use their best efforts to insure the pacific settlement of International differences.“Article 2: In case of serious disagreement or conflict, before an appeal to arms the signatory powers agree to have recourse, as far as circumstances allow, to the good offices or mediation of one or more friendly powers.” (TC-1)

“Article 2: In case of serious disagreement or conflict, before an appeal to arms the signatory powers agree to have recourse, as far as circumstances allow, to the good offices or mediation of one or more friendly powers.” (TC-1)

B.Convention for the Pacific Settlement of International Disputes, signed at the Hague on 18 October 1907.

This Convention (TC-2) was signed at the Hague by 44 nations, and it is in effect as to 31 nations, 28 signatories, and three adherents. For present purposes it is in force as to the United States, Belgium, Czechoslovakia, Denmark, France, Germany, Luxembourg, Japan, Netherlands, Norway, Poland, and Russia.

By the provisions of Article 91 it replaces the 1899 Convention as between the contracting powers. As Greece and Yugoslavia are parties to the 1899 convention and not to the 1907, the 1899 Convention is in effect with regard to them, and that explains the division of countries in Appendix C.

The first article of this treaty reads:

“1: With a view to obviating as far as possible recourse to force in the relations between States, the contracting powers agree to use their best efforts to insure the pacific settlement of international differences.” (TC-2)

C.Convention Relative to the Opening of Hostilities, signed at the Hague on 18 October 1907.

This Convention (TC-3) applies to Germany, Poland, Norway, Denmark, Belgium, the Netherlands, Luxembourg, and Russia. It relates to a procedural step in notifying one’s prospective opponent before opening hostilities against him. It appears, to have had its immediate origin in the Russo-Japanese war of 1904, when Japan attacked Russia without any previous warning. It will be noted that it does not fix any particular lapse of time between the giving of notice and the commencement ofhostilities, but it does seek to maintain an absolutely minimum standard of International decency before the outbreak of war.

The first article of this treaty reads:

“The contracting powers recognize that hostilities between them must not commence without a previous and explicit warning in the form of either a declaration of war, giving reasons, or an ultimatum with a conditional declaration of war.” (TC-3)

D.Convention 5, Respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land, signed at the Hague on 18 October 1907.

Germany was an original signatory to this Convention (TC-4), and the treaty is in force as a result of ratification or adherence between Germany and Norway, Denmark, Belgium, Luxembourg, The Netherlands, the USSR, and the United States.

Article 1 reads:

“The territory of neutral powers is inviolable.” (TC-4)

A point arises on this Convention. Under Article 20, the provisions of the present Convention do not apply except between the contracting powers, and then only if all the belligerents are parties to the Convention.

As Great Britain and France entered the war within two days of the outbreak of the war between Germany and Poland, and one of these powers had not ratified the Convention, it is arguable that its provisions did not apply to the Second World War.

Since there are many more important treaties to be considered, the charge will not be pressed that this treaty was likewise breached. The terms of Article 1 are cited merely as showing the state of International opinion at the time, and as an element in the aggressive character of the war.

E.Treaty of Peace between the Allies and the Associated Powers of Germany, signed at Versailles on 28 June 1919.

Part I of this treaty (TC-5 thru TC-10) contains the Covenant of the League of Nations, and Part II sets the boundaries of Germany in Europe. These boundaries are described in detail. Part II makes no provision for guaranteeing these boundaries. Part III, Articles 31 to 117, contains the political clauses for Europe. In it, Germany guarantees certain territorial boundaries in Belgium, Luxembourg, Austria, Czechoslovakia, France, Poland, Memel, Danzig, etc.

This treaty is interwoven with the next, which is the Treatyof Restoration of Friendly Relations between the United States and Germany. Parts I, II, and III of the Versailles Treaty are not included in the United States Treaty. Parts IV, V, VI, VIII, IX, X, XI, XII, XIV, and XV are all repeatedverbatimin the United States Treaty from the Treaty of Versailles. This case is concerned with Part V, which are the military, naval, and air clauses. Parts VII and XIII are not included in the United States Treaty.

(1)Territorial Guarantees.

(a)The Rhineland.The first part with which this case is concerned is Articles 42 to 44 dealing with the Rhineland (TC-5). These are repeated in the Locarno Treaty. They read as follows:

“Article 42: Germany is forbidden to maintain or construct any fortifications either on the left bank of the Rhine or on the right bank to the west of a line drawn 50 kilometers to the east of the Rhine.“Article 43: In the area defined above the maintenance and the assembly of armed forces, either permanently or temporarily, and military maneuvers of any kind, as well as the upkeep of all permanent works for mobilization, are in the same way forbidden.“Article 44: In case Germany violates in any manner whatever the provisions of Articles 42 and 43, she shall be regarded as committing a hostile act against the powers signatory of the present treaty and as calculated to disturb the peace of the world.”

“Article 43: In the area defined above the maintenance and the assembly of armed forces, either permanently or temporarily, and military maneuvers of any kind, as well as the upkeep of all permanent works for mobilization, are in the same way forbidden.

“Article 44: In case Germany violates in any manner whatever the provisions of Articles 42 and 43, she shall be regarded as committing a hostile act against the powers signatory of the present treaty and as calculated to disturb the peace of the world.”

(The speech by Hitler on 7 March 1936, giving his account of the breach of this treaty (2289-PS), is discussed in Section 2,supra.)

(b)Austria.The next part of the Treaty deals with Austria:

“Article 80: Germany acknowledges and will respect strictly the independence of Austria within the frontiers which may be fixed in a treaty between that State and the principal Allied and Associated powers; she agrees that this independence shall be inalienable, except with the consent of the Council of the League of Nations.” (TC-6)

(The proclamation of Hitler dealing with Austria (TC-47), is discussed in Section 3supra.)

(c)Memel.Germany also gave guarantee with respect to Memel:

“Germany renounces, in favor of the principal Allied and Associated powers, all rights and title over the territories included between the Baltic, the Northeastern frontier ofEast Prussia as defined in Article 28 of Part II (Boundaries of Germany) of the present treaty, and the former frontier between Germany and Russia. Germany undertakes to accept the settlement made by principal Allied and Associated powers in regard to these territories, particularly insofar as concerns the nationality of inhabitants.” (TC-8)

The formal document by which Germany incorporated Memel into the Reich, reads as follows:

“The transfer Commissioner for the Memel territory,Gauleiter und OberpraesidentErich Koch, effected on 3 April 1939, during a conference at Memel, the final incorporation of the late Memel territory into the National Socialist Party Gau of East Prussia and into the state administration of the East PrussianRegierungsbezirkof Grunbinnen.” (TC-53-A)

(d)Danzig.Article 100 of the treaty relates to Danzig:

“Germany renounces, in favor of the principal Allied and Associated Powers, all rights and title over the territory comprised within the following limits * * * (The limits are set out and are described in a German map attached to the Treaty.) (TC-9)

(e)Czechoslovakia.In Article 81, Germany made pledges regarding Czechoslovakia:

“Germany, in conformity with the action already taken by the Allied and Associated Powers, recognizes the complete independence of the Czechoslovak State, which will include the autonomous territory of the Ruthenians to the South of the Carpathians. Germany hereby recognizes the frontiers of this State as determined by the principal Allied and Associated Powers and other interested states.” (TC-7)

Captured minutes of the German Foreign Office record in detail the conference between Hitler and President Hacha, and Foreign Minister Chvalkowsky of Czechoslovakia, at which Goering and Keitel were present (2798-PS). The agreement subsequently signed by Hitler and Ribbentrop for Germany, and by Dr. Hacha and Dr. Chvalkowsky for Czechoslovakia, reads as follows:

“Text of the Agreement between the Fuehrer and Reichs Chancellor Adolf Hitler and the President of the Czechoslovak State, Dr. Hacha.“The Fuehrer and Reichs Chancellor today received in Berlin, at their own request, the President of the Czechoslovak State, Dr. Hacha, and the Czechoslovak Foreign Minister, Dr. Chvalkowsky, in the presence of Herr Von Ribbentrop, the Foreign Minister of the Reich. At this meeting the serious situation which had arisen within the previous territory ofCzechoslovakia owing to the events of recent weeks, was subjected to a completely open examination. The conviction was unanimously expressed on both sides that the object of all their efforts must be to assure quiet, order and peace in this part of Central Europe. The President of the Czechoslovak State declared that, in order to serve this end and to reach a final pacification, he confidently placed the fate of the Czech people and of their country in the hands of the Fuehrer of the German Reich. The Fuehrer accepted this declaration and expressed his decision to assure to the Czech people, under the protection of the German Reich, the autonomous development of their national life in accordance with their special characteristics. In witness whereof this document is signed in duplicate.” (TC-49)

“Text of the Agreement between the Fuehrer and Reichs Chancellor Adolf Hitler and the President of the Czechoslovak State, Dr. Hacha.

“The Fuehrer and Reichs Chancellor today received in Berlin, at their own request, the President of the Czechoslovak State, Dr. Hacha, and the Czechoslovak Foreign Minister, Dr. Chvalkowsky, in the presence of Herr Von Ribbentrop, the Foreign Minister of the Reich. At this meeting the serious situation which had arisen within the previous territory ofCzechoslovakia owing to the events of recent weeks, was subjected to a completely open examination. The conviction was unanimously expressed on both sides that the object of all their efforts must be to assure quiet, order and peace in this part of Central Europe. The President of the Czechoslovak State declared that, in order to serve this end and to reach a final pacification, he confidently placed the fate of the Czech people and of their country in the hands of the Fuehrer of the German Reich. The Fuehrer accepted this declaration and expressed his decision to assure to the Czech people, under the protection of the German Reich, the autonomous development of their national life in accordance with their special characteristics. In witness whereof this document is signed in duplicate.” (TC-49)

Hitler’s proclamation to the German people, dated 15 March 1939, reads as follows:

“Proclamation of the Fuehrer to the German people, 15 March 1939.“To the German People:“Only a few months ago Germany was compelled to protect her fellow-countrymen, living in well-defined settlements, against the unbearable Czechoslovakian terror regime; and during the last weeks the same thing has happened on an ever-increasing scale. This is bound to create an intolerable state of affairs within an area inhabited by citizens of so many nationalities.“These national groups, to counteract the renewed attacks against their freedom and life, have now broken away from the Prague Government. Czechoslovakia has ceased to exist.“Since Sunday at many places wild excesses have broken out, amongst the victims of which are again many Germans. Hourly the number of oppressed and persecuted people crying for help is increasing. From areas thickly populated by German-speaking inhabitants, which last autumn Czechoslovakia was allowed by German generosity to retain, refugees robbed of their personal belongings are streaming into the Reich.“Continuation of such a state of affairs would lead to the destruction of every vestige of order in an area in which Germany is vitally interested particularly as for over one thousand years it formed a part of the German Reich.“In order definitely to remove this menace to peace and to create the conditions for a necessary new order in this living space, I have today resolved to allow German troops tomarch into Bohemia and Moravia. They will disarm the terror gangs and the Czechoslovakian forces supporting them, and protect the lives of all who are menaced. Thus they will lay the foundations for introducing a fundamental reordering of affairs which will be in accordance with the 1,000-year old history and will satisfy the practical needs of the German and Czech peoples”. (TC-50)

“Proclamation of the Fuehrer to the German people, 15 March 1939.

“To the German People:

“Only a few months ago Germany was compelled to protect her fellow-countrymen, living in well-defined settlements, against the unbearable Czechoslovakian terror regime; and during the last weeks the same thing has happened on an ever-increasing scale. This is bound to create an intolerable state of affairs within an area inhabited by citizens of so many nationalities.

“These national groups, to counteract the renewed attacks against their freedom and life, have now broken away from the Prague Government. Czechoslovakia has ceased to exist.

“Since Sunday at many places wild excesses have broken out, amongst the victims of which are again many Germans. Hourly the number of oppressed and persecuted people crying for help is increasing. From areas thickly populated by German-speaking inhabitants, which last autumn Czechoslovakia was allowed by German generosity to retain, refugees robbed of their personal belongings are streaming into the Reich.

“Continuation of such a state of affairs would lead to the destruction of every vestige of order in an area in which Germany is vitally interested particularly as for over one thousand years it formed a part of the German Reich.

“In order definitely to remove this menace to peace and to create the conditions for a necessary new order in this living space, I have today resolved to allow German troops tomarch into Bohemia and Moravia. They will disarm the terror gangs and the Czechoslovakian forces supporting them, and protect the lives of all who are menaced. Thus they will lay the foundations for introducing a fundamental reordering of affairs which will be in accordance with the 1,000-year old history and will satisfy the practical needs of the German and Czech peoples”. (TC-50)

A footnote contains an order of the Fuehrer to the German armed forces of the same date, in which they are told to march in to safeguard lives and property of all inhabitants and not to conduct themselves as enemies, but as an instrument for carrying out the German Reich Government’s decision. (TC-50)

Next came the decree establishing the Protectorate of Bohemia and Moravia. (TC-51)

In a communication from Foreign Minister Halifax to Sir Neville Henderson, British Ambassador in Berlin, the British Government protested against these actions:

“Foreign Office, March 17, 1939:“Please inform German Government that His Majesty’s Government desire to make it plain to them that they cannot but regard the events of the past few days as a complete repudiation of the Munich Agreement and a denial of the spirit in which the negotiators of that Agreement bound themselves to cooperate for a peaceful settlement.“His Majesty’s Government must also take this occasion to protest against the changes effected in Czechoslovakia by German military action, which are, in their view, devoid of any basis of legality.” (TC-52)

“Foreign Office, March 17, 1939:

“Please inform German Government that His Majesty’s Government desire to make it plain to them that they cannot but regard the events of the past few days as a complete repudiation of the Munich Agreement and a denial of the spirit in which the negotiators of that Agreement bound themselves to cooperate for a peaceful settlement.

“His Majesty’s Government must also take this occasion to protest against the changes effected in Czechoslovakia by German military action, which are, in their view, devoid of any basis of legality.” (TC-52)

The French Government also made a protest on the same date:

“* * * The French Ambassador has the honor to inform the Minister for Foreign Affairs of the Reich of the formal protest made by the Government of the French Republic against the measures which the communication of Count de Welzeck records.“The Government of the Republic consider, in fact, that in face of the action directed by the German Government against Czechoslovakia, they are confronted with a flagrant violation of the letter and the spirit of the agreement signed at Munich on September 9, 1938.“The circumstances in which the agreements of March 15 have been imposed on the leaders of the Czechoslovak Republic do not, in the eyes of the Government of the Republic, legalize the situation registered in that agreement.“The French Ambassador has the honor to inform His Excellency,the Minister for Foreign Affairs of the Reich, that the Government of the Republic can not recognize under these conditions the legality of the new situation created in Czechoslovakia by the action of the German Reich.” (TC-53)

“The Government of the Republic consider, in fact, that in face of the action directed by the German Government against Czechoslovakia, they are confronted with a flagrant violation of the letter and the spirit of the agreement signed at Munich on September 9, 1938.

“The circumstances in which the agreements of March 15 have been imposed on the leaders of the Czechoslovak Republic do not, in the eyes of the Government of the Republic, legalize the situation registered in that agreement.

“The French Ambassador has the honor to inform His Excellency,the Minister for Foreign Affairs of the Reich, that the Government of the Republic can not recognize under these conditions the legality of the new situation created in Czechoslovakia by the action of the German Reich.” (TC-53)

(2)Armament Limitations.Part V of the Treaty, containing Military, Naval and Air Clauses reads as follows:

“In order to render possible the initiation of a general limitation of the armaments of all nations, Germany undertakes strictly to observe the military, naval and air clauses which follow.“Section 1. Military Clauses. Effectives and Cadres of the German Army * * *”* * * * * *“Article 159. The German military forces shall be demobilized and reduced as prescribed hereinafter.“Article 160. By a date which must not be later than March 31, 1920, the German Army must not comprise more than seven divisions of infantry and three divisions of cavalry.“After that date, the total number of effectives in the army of the States constituting Germany must not exceed 100,000 men, including officers and establishments of depots. The army shall be devoted exclusively to the maintenance of order within the territory and to the control of the frontier.“The total effective strength of officers, including the personnel of staffs, whatever their composition, must not exceed 4,000.”* * * * * *(2) “Divisions and Army Corps headquarters staffs, shall be organized in accordance with Table Number 1 annexed to this Section. The number and strength of units of infantry, artillery, engineers, technical services and troops laid down in the aforesaid table constitute maxima which must not be exceeded.”* * * * * *“The maintenance or formation of forces differently grouped or of other organizations for the command of troops or for preparation for war is forbidden.“The great German General Staff and all similar organizations shall be dissolved and may not be reconstituted in any form.” (TC-10)

“In order to render possible the initiation of a general limitation of the armaments of all nations, Germany undertakes strictly to observe the military, naval and air clauses which follow.

“Section 1. Military Clauses. Effectives and Cadres of the German Army * * *”

* * * * * *

“Article 159. The German military forces shall be demobilized and reduced as prescribed hereinafter.

“Article 160. By a date which must not be later than March 31, 1920, the German Army must not comprise more than seven divisions of infantry and three divisions of cavalry.

“After that date, the total number of effectives in the army of the States constituting Germany must not exceed 100,000 men, including officers and establishments of depots. The army shall be devoted exclusively to the maintenance of order within the territory and to the control of the frontier.

“The total effective strength of officers, including the personnel of staffs, whatever their composition, must not exceed 4,000.”

* * * * * *

(2) “Divisions and Army Corps headquarters staffs, shall be organized in accordance with Table Number 1 annexed to this Section. The number and strength of units of infantry, artillery, engineers, technical services and troops laid down in the aforesaid table constitute maxima which must not be exceeded.”

* * * * * *

“The maintenance or formation of forces differently grouped or of other organizations for the command of troops or for preparation for war is forbidden.

“The great German General Staff and all similar organizations shall be dissolved and may not be reconstituted in any form.” (TC-10)

Article 163 provides the steps by which the reduction will take place. Chapter 2 which deals with armament, provides that up till the time at which Germany is admitted as a member of the Leagueof 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 typeSix light cruisersTwelve destroyersTwelve torpedo boatsor 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)

“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 inTC-44. The public proclamation of compulsory military service is contained inTC-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)

“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:

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