In the first place, of course, Hitler’s denunciation was per se ineffectual. The text of the agreement made no provision for its denunciation by either party until a period of 10 years had come to an end. No denunciation could be legally effective until June or July of 1943, and here was Hitler speaking in April of 1939, rather more than 5 years too soon.
In the second place, Hitler’s actual attack upon Poland, when it came on 1 September was made before the expiration of the 6 months’ period after denunciation required by the agreement before any denunciation could be operative. And in the third place, the grounds for the denunciation stated by Hitler in his speech to the Reichstag were entirely specious. However one reads its terms, it is impossible to take the view that the Anglo-Polish guarantee of mutual assistance against aggression could render the German-Polish Pact null and void, as Hitler sought to suggest. If that had been the effect of the Anglo-Polish assurances, then certainly the pacts which had already been entered into by Hitler himself with Italy and with Japan had already invalidated the treaty with Poland. Hitler might have spared his breath. The truth is, of course, that the text of the English-Polish communiqué, the text of the assurances, contains nothing whatever to support the contention that the German-Polish Pact was in any way interfered with.
One asks: Why then did Hitler make this trebly invalid attempt to denounce his own pet diplomatic child? Is there any other possible answer but this:
That the agreement having served its purpose, the grounds which he chose for its denunciation were chosen merely in an effort to provide Germany with some kind of justification—at least for the German people—for the aggression on which the German leaders were intent.
And, of course, Hitler sorely needed some kind of justification, some apparently decent excuse, since nothing had happened, and nothing seemed likely to happen, from the Polish side, to provide him with any kind of pretext for invading Poland. So far he had made demands upon his treaty partner which Poland, as a sovereign state, had every right to refuse. If dissatisfied with that refusal, Hitler was bound, under the terms of the agreement itself, “To seek a settlement”—I am reading the words of the pact:
“To seek a settlement through other peaceful means, without prejudice to the possibility of applying those methods of procedure, in case of necessity, which are provided for such a case in the other agreements between them that are in force.”
And that presumably was a reference to the German-Polish Arbitration Treaty, signed at Locarno in 1925.
The very facts, therefore, that as soon as the Nazi leaders cannot get what they want but are not entitled to from Poland by merely asking for it and that, on their side, they made no further attempt to settle the dispute “by peaceful means”—in accordance with the terms of the agreement and of the Kellogg Pact, to which the agreement pledged both parties—in themselves constitute a strong presumption of aggressive intentions against Hitler and his associates. That presumption becomes a certainty when the documents to which I am about to call the attention of the Tribunal are studied.
On the 10th of May Hitler issued an order for the capture of economic installations in Poland. On the 16th of May the Defendant Raeder, as Commander-in-Chief of the Navy, issued a memorandum setting out the Führer’s instructions to prepare for the operation Fall Weiss at any time from the 1st of September.
But the decisive document is the record of the conference held by Hitler on the 23rd of May 1939, in conference with many high-ranking officers, including the Defendants Göring, Raeder, and Keitel. The details of the whole document will have to be read to the Tribunal later and I am merely summarizing the substantial effect of this part of it now. Hitler stated that the solution of the economic problems with which Germany was beset at first, could not be found without invasion of foreign states and attacks on foreign property. “Danzig”—and I am quoting: