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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 26 January 1934.

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

"The President of the German 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 be-come 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)

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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)

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