The Nizkor Project: Remembering the Holocaust (Shoah)

First Day: Tuesday, 20th November, 1945
(Part 10 of 10)


SIR DAVID MAXWELL FYFE (continuing the reading of the Indictment):

APPENDIX C

CHARGES AND PARTICULARS OF VIOLATIONS OF INTERNATIONAL TREATIES, AGREEMENTS AND ASSURANCES CAUSED BY THE DEFENDANTS IN THE COURSE OF PLANNING, PREPARING AND INITIATING THE WARS

I

Charge: Violation of the Convention for the Pacific Settlement of International Disputes signed at The Hague, 29th July, 1899.

Particulars: In that Germany did, by force and arms, on the dates specified in Column I, invade the territory of the sovereigns specified in Column 2, respectively, without first having attempted to settle its disputes with said sovereigns by pacific means.

Column 1........................................Column 2

6th April, I941....................Kingdom of Greece
6th April,1941....................Kingdom of Yugoslavia

II

Charge : Violation of the Convention for the Pacific Settlement of International Disputes signed at The Hague, 18th October, 1907.

Particulars : In that Germany did, on or about the dates specified in Column 1, by force of arms invade the territory of the sovereigns specified in Column 2, respectively, without having first attempted to settle its disputes with said sovereigns by pacific means.

Column 1........................................Column 2

1st September, 1939....................Republic of Poland
9th April, 1940................................Kingdom of Norway
9th April,1940.................................Kingdom of Denmark
10th May, 1940...............................Grand-Duchy of Luxembourg
10th May, 1940...............................Kingdom of Belgium
10th May, 1940...............................Kingdom of the Netherlands
22nd June, 1941............................Union of Soviet Socialist Republics

[Page 42]

III

Charge: Violation of Hague Convention III Relative to the Opening of Hostilities, signed 18th October, 1907.

Particulars: In that Germany did, on or about the dates specified in Column 1, commence hostilities against the countries specified in Column 2, respectively, without previous warning in the form of a reasoned declaration of war or an ultimatum with conditional declaration of war.

Column 1........................................Column 2

1st September, 1939....................Republic of Poland
9th April, 1940................................Kingdom of Norway
9th April, 1940................................Kingdom of Denmark
10th May, 1940...............................Kingdom of Belgium
10th May, 1940...............................Kingdom of the Netherlands
10th May, 1940...............................Grand-Duchy of Luxembourg
22nd June, 1941............................Union of Soviet Socialist Republics

IV

Charge: Violation of Hague Convention V Respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land, signed 18th October, 1907.

Particulars: In that Germany did, on or about the dates specified in Column 1, by force and arms of its military forces, cross into, invade, and occupy the territories of the sovereigns specified in Column 2, respectively, then and thereby violating the neutrality of said sovereigns.

Column 1........................................Column 2

9th April, 1940................................Kingdom of Norway
9th April, 1940................................Kingdom of Denmark
10th May, 1940..............................Grand-Duchy of Luxembourg
10th May, 1940..............................Kingdom of Belgium
10th May, 1940..............................Kingdom of the Netherlands
22nd June, 1941...........................Union of Soviet Socialist Republics

V

Charge: Violation of the Treaty of Peace between the Allied and Associated Powers and Germany, signed at Versailles, 28th June, 1919, known as the Versailles Treaty.

Particulars:

(1) In that Germany did, on and after 7th March, 1936, maintain and assemble armed forces and maintain and construct military fortifications in the demilitarised zone of the Rhineland in violation of the provisions of Articles 42 to 44 of the Treaty of Versailles.

(2) In that Germany did, on or about 13th March, I938, annex Austria into the German Reich in violation of the provisions of Article 80 of the Treaty of Versailles.

(3) In that Germany did, on or about 22nd March, 1939, incorporate the district of Memel into the German Reich in violation of the provisions of Article 99 of the Treaty of Versailles.

(4) In that Germany did, on or about 1st September, I939, incorporate the Free City of Danzig into the German Reich in violation of the provisions of Article 100 of the Treaty of Versailles.

(5) In that Germany did, on or about 16th March, I939, incorporate the provinces of Bohemia and Moravia, formerly part of Czechoslovakia, into the German Reich in violation of the provisions of Article 81 of the Treaty of Versailles.

[Page 43]

(6) In that Germany did, at various times in March, I935, and thereafter, repudiate various parts of Part V, Military, Naval and Air Clauses of the Treaty of Versailles, by creating an air force, by use of compulsory military service, by increasing the size of the army beyond treaty limits, and by increasing the size of the navy beyond treaty limits.

VI

Charge: Violation of the Treaty between the United States and Germany Restoring Friendly Relations, signed at Berlin, 25th August, 1921.

Particulars: In that Germany did, at various times in March, 1935, and thereafter, repudiate various parts of Part V, Military, Naval and Air Clauses of the Treaty between the United States and Germany Restoring Friendly Relations by creating an air force, by use of compulsory military service, by increasing the size of the army beyond treaty limits, and by increasing the size of the navy beyond treaty limits.

VII

Charge: Violation of the Treaty of Mutual Guarantee between Germany, Belgium, France, Great Britain and Italy, done at Locarno, 16th October, 1925.

Particulars :

(1) In that Germany did, on or about 7th March, 1936, unlawfully send armed forces into the Rhineland demilitarised zone of Germany, in violation of Article 1 of the Treaty of Mutual Guarantee.

(2) In that Germany did, in or about March, 1936, and thereafter, unlawfully maintain armed forces in the Rhineland demilitarised zone of Germany, in violation of Article 1 of the Treaty of Mutual Guarantee.

(3) In that Germany did, on or about 7th March, 1936, and thereafter, unlawfully construct and maintain fortifications in the Rhineland demilitarised zone of Germany, in violation of Article I of the Treaty of Mutual Guarantee.

(4) In that Germany did, on or about 10th May, unlawfully attack and invade Belgium, in violation of Article 2 of the Treaty of Mutual Guarantee.

(5) In that Germany did, on or about 10th May, I940, unlawfully attack and invade Belgium, without first having attempted to settle its dispute with Belgium by peaceful means, in violation of Article 3 of the Treaty of Mutual Guarantee.

VIII

Charge: Violation of the Arbitration Treaty between Germany and Czechoslovakia, done at Locarno, 16th October, I925-

Particulars: In that Germany did, on or about 15th March, 1939, unlawfully by duress and threats of military might force Czechoslovakia to deliver the destiny of Czechoslovakia and its inhabitants into the hands of the Fuehrer and Reichschancellor of Germany without having attempted to settle its dispute with Czechoslovakia by peaceful means.

IX

Charge: Violation of the Arbitration Convention between Germany and Belgium, done at Locarno, 16th October, l955

Particulars: In that Germany did, on or about 10th May, 1940, unlawfully attack and invade Belgium without first having attempted to settle its dispute with Belgium by peaceful means.

X

Charge: Violation of the Arbitration Treaty between Germany and Poland, done at Locarno, 16th October, l925.

Particulars : In that Germany did, on or about 1st September, 1939, unlawfully attack and invade Poland without first having attempted to settle its dispute with Poland by peaceful means.

[Page 44]

XI

Charge : Violation of Convention of Arbitration and Conciliation entered into between Germany and the Netherlands on 20th May, 1926.

Particulars: In that Germany, without warning, and notwithstanding its solemn covenant to settle by peaceful means all disputes of any nature whatever which might arise between it and the Netherlands which were not capable of settlement by diplomacy and which had not been referred by mutual agreement to the Permanent Court of International Justice, did, on or about 10th May, 1940, with a military force, attack, invade, and occupy the Netherlands, thereby violating its neutrality and territorial integrity and destroying its sovereign independence.

XII

Charge: Violation of Convention of Arbitration and Conciliation entered into between Germany and Denmark on 2nd June, 1926.

Particulars: In that Germany, without warning, and notwithstanding its solemn covenant to settle by peaceful means all disputes of any nature whatever which might arise between it and Denmark which were not capable of settlement by diplomacy and which had not been referred by mutual agreement to the Permanent Court of International Justice, did, on or about 9th April, 1940, with a military force, attack, invade, and occupy Denmark, thereby violating its neutrality and territorial integrity and destroying its sovereign independence.

XIII

Charge : Violation of Treaty between Germany and other Powers providing for Renunciation of War as an Instrument of National Policy, signed at Paris 27th August, 1928, known as the Kellogg-Briand Pact.

Particulars: In that Germany did, on or about the dates specified in Column 1, with a military force, attack the sovereigns specified in Column 2, respectively, and resort to war against such sovereigns, in violation of its solemn declaration condemning recourse to war for the solution of international controversies, its solemn renunciation of war as an instrument of national policy in its relations with such sovereigns, and its solemn covenant that settlement or solution of all disputes or conflicts of whatever nature or origin arising between it and such sovereigns should never be sought except by pacific means.

Column 1........................................Column 2

1st September, 1939................................Republic of Poland
9th April, 1940............................................Kingdom of Norway
9th April, 1940............................................Kingdom of Denmark
10th May, 1940...........................................Kingdom of Belgium
10th May, 1940..........................................Grand-Duchy of Luxembourg
10th May, 1940..........................................Kingdom of the Netherlands
6th April, 1941............................................Kingdom of Greece
6th April, 1941............................................Kingdom of Yugoslavia
22nd June, 1941.......................................Union of Soviet Socialist Republics
11th December, 1941..............................United States of America

XIV

Charge: Violation of Treaty of Arbitration and Conciliation entered into between Germany and Luxembourg on 11th September, I929.

Particulars: In that Germany, without warning, and notwithstanding its solemn covenant to settle by peaceful means all disputes which might arise between it and Luxembourg which were not capable of settlement by diplomacy, did, on or about 10th May, 1940, with a military force, attack, invade, and occupy Luxembourg, thereby violating its neutrality and territorial integrity and destroying its sovereign independence.

[Page 45]

XV

Charge: Violation of the Declaration of Non-Aggression entered into between Germany and Poland on 26th January, 1934.

Particulars: In that Germany proceeding to the application of force for the purpose of reaching a decision did, on or about 13th September, 1939, at various places along the German-Polish frontier, employ military forces to attack, invade and commit other acts of aggression against Poland.

XVI

Charge: Violation of German Assurance given on 21st May, 1935, that the Inviolability and Integrity of the Federal State of Austria would be Recognised.

Particulars: In that Germany did, on or about 12th March, 1938, at various points, and places along the German- Austrian frontier, with a military force and in violation of its solemn declaration and assurance, invade and annex to Germany the territory of the Federal State of Austria.

XVII

Charge: Violation of Austro-German Agreement of 11th July, 1936.

Particulars: In that Germany during the period from 11th February, 1938 to 13th March, 1938, did by duress and various aggressive acts, including the use of military force, cause the Federal State of Austria to yield up its sovereignty to the German State in violation of Germany's agreement to recognise the full sovereignty of the Federal State of Austria.

XVIII

Charge: Violation of German Assurances given on 30th January, I937, 28th April, 1939, 26th August, 1939 and 6th October, 1939, to Respect the Neutrality and Territorial Inviolability of the Netherlands.

Particulars: In that Germany, without warning, and without recourse to peaceful means of settling any considered differences did, on or about 10th May, I940, with a military force and in violation of its solemn assurances, invade, occupy, and attempt to subjugate the sovereign territory of the Netherlands.

XIX

Charge : Violation of German Assurances given on 30th January, 1937, 13th October, 1937, 28th April, 1939, 26th August, 1939, and 6th October, 1939, to Respect the Neutrality and Territorial Integrity and Inviolability of Belgium.

Particulars: In that Germany, without warning, did on or about 10th May, 1940, with a military force and in violation of its solemn assurances and declarations, attack, invade, and occupy the sovereign territory of Belgium.

XX

Charge : Violation of Assurances given on 11th March, 1938, and 26th September, 1938, to Czechoslovakia.

Particulars: In that Germany, on or about 15th March, 1939, did, by establishing a Protectorate of Bohemia and Moravia under duress and by the threat of force, violate the assurance given on 11th March, 1938, to respect the territorial integrity of the Czechoslovak Republic and the assurance given on 26th September, 1938, that, if the so- called Sudeten territories were ceded to Germany, no further German territorial claims on Czechoslovakia would be made.

XXI

Charge: Violation of the Munich Agreement and Annexes of 29th September, 1938.

[Page 46]

Particulars :

(1) In that Germany on or about 15th March, 1939, did by duress and the threat of military intervention force the Republic of Czechoslovakia to deliver the destiny of the Czech people and country into the hands of the Fuehrer of the German Reich.

(2) In that Germany refused and failed to join in an international guarantee of the new boundaries of the Czechoslovakian State as provided for in Annex No. I to the Munich Agreement.

XXII

Charge: Violation of the Solemn Assurances of Germany given On 3rd September, 1939, 28th April, I939, and 6th October, 1939, that they would not Violate the Independence or Sovereignty of the Kingdom of Norway.

Particulars: In that Germany, without warning did, on or about 9th April, I940, with its military and naval forces attack, invade and commit other acts of aggression against the Kingdom of Norway.

XXIII

Charge : Violation of German Assurances given on 28th April, 1939, and 26th August, 1939, to Respect the Neutrality and Territorial Inviolability of Luxembourg.

Particulars : In that Germany, without warning, and without recourse to peaceful means of settling any considered differences, did, on or about 10th May, 1940, with a military force and in violation of the solemn assurances, invade, occupy, and absorb into Germany the sovereign territory of Luxembourg.

XXIV

Charge: Violation of the Treaty of Non-Aggression between Germany and Denmark signed at Berlin, 31st May, 1939.

Particulars: In that Germany without prior warning, did, on or about 9th April, 1940, with its military forces, attack, invade and commit other acts of aggression against the Kingdom of Denmark.

XXV

Charge: Violation of Treaty of Non-Aggression entered into between Germany and U.S.S.R. on 23rd August, 1939.

Particulars:

(1) In that Germany did, on or about 22nd June, I941, employ military forces to attack and commit acts of aggression against the U.S.S.R.

(2) In that Germany without warning or recourse to a friendly exchange of views or arbitration did, on or about 22nd June, I941, employ military forces to attack and commit acts of aggression against the U.S.S.R.

XXVI

Charge: Violation of German Assurance given on 6th October, 1939, to Respect the Neutrality and Territorial Integrity of Yugoslavia.

Particulars: In that Germany without prior warning did, on or about 6th April, 1941, with its military forces attack, invade and commit other acts of aggression against the Kingdom of Yugoslavia.

THE PRESIDENT: The Tribunal will now adjourn until 10 o'clock to-morrow morning.

(The Tribunal adjourned to 21st November, 1945, at I0.00 hours.)


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