THE PRESIDENT: Did the Tribunal allow Lord Rothermere’s book?
DR. HORN: The Tribunal has granted it to me and even put at my disposal an English copy, which I herewith hand to the Court.
THE PRESIDENT: Dr. Horn, the question of admissibility was to be finally determined when each book is offered in evidence, and I think you will remember that the Tribunal stated in one of its orders that the opinions of particular authors upon matters of ethics, history, and events would not be admitted.
Lord Rothermere is apparently an author and was not a member of the British Government; and therefore, unless there is some very particular reason, it would not appear that his books—or statements in his books—are in any way evidence.
DR. HORN: The paragraphs to be presented are concerned entirely with matters of fact; and I therefore request that the Tribunal take judicial notice of these facts. There is no question of any polemic discussions.
THE PRESIDENT: The distinction which exists is this: The Tribunal under Article 21 is directed to take judicial notice of official government documents, reports, et cetera. This is not an official government document. Therefore—you say it is factual evidence—it is not evidence, for the purpose of this Tribunal, of any facts stated in it. So far as it is facts, it is not evidence of the facts, and so far as it is opinion, it is Lord Rothermere’s opinion.
Well, Dr. Horn, can you tell me what you want to prove by it?
DR. HORN: I should like to prove by it, first, a few historical facts; secondly that the difficulties of a state composed of many nationalities, of which Czechoslovakia is an example, led to this conflict with the German minority and consequently with the German Government. I want to provide you with the reasons and motives that led to the incorporation of the Sudetenland into Germany.
MR. DODD: If Your Honor pleases, on behalf of the United States I wish to object very strongly to this offer for the reason given by Dr. Horn—the first reason—and for the reason given secondly. If I understood the translation correctly, I understood him to say in the first place it was offered to prove that there was no such thing as a Czech people. I don’t think that is a matter that can properly be raised certainly here before this Court. We object that it is out of place to offer such proof. We object furthermore for the reason given in the second explanation by Dr. Horn.
DR. HORN: May I again point out that I wish to demonstrate by this means, the motives that led to the separation of the Sudetenland in the year 1938?