As Great Britain and France entered the war within 2 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.
I do not want the time of the Tribunal to be occupied by an argument on that point when there are so many more important treaties to be considered. Therefore, I do not press that as a charge of a breach of treaty. I merely call the attention of the Tribunal to the terms of Article 1 as showing the state of international opinion at that time and as an element in the aggressive character of the war which we are considering.
THE PRESIDENT: Perhaps this would be a good time to break off.
[A recess was taken until 1400 hours.]
Afternoon Session
SIR DAVID MAXWELL-FYFE: As the Tribunal adjourned I had come to the fifth treaty, the Treaty of Peace between the Allied and Associated Powers and Germany, signed at Versailles the 28th of June 1919. I again ask the Tribunal to take judicial cognizance of this treaty, and I again hand in for convenience Exhibit GB-3, which is a copy of the treaty, including the British documents TC-5 to TC-10 inclusive. The reference in Appendix C is to Charge 5.
Before I deal with the relevant portions, may I explain very briefly the layout of the treaty.
Part I contains the Covenant of the League of Nations, and Part II sets the boundaries of Germany in Europe. These boundaries are described in detail but Part II makes no provision for guaranteeing these boundaries.
Part III, Articles 31 to 117, with which the Tribunal is concerned, contains the political clauses for Europe. In it, Germany guarantees certain territorial boundaries in Belgium, Luxembourg, Austria, Czechoslovakia, France, Poland, Memel, Danzig, and so forth.