dtufail/nuremberg-trials-corpus huggingface dataset:
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 Treaty
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 Treaty of 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 repeated verbatim in 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." (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
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 3 supra.) (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 of East 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 Oberpraesident Erich 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 Prussian Regierungsbezirk of 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
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 of Czechoslovakia 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
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 to-day resolved to allow German troops to march 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
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) 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) (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
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) 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 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
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
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
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