Chapter XIII: Part I: for the moment—the document books which have been handed to the

Counsel for the Defense are in exactly the same order, except that they are bound in one and not in six separate covers, in which the Tribunal’s documents are bound for convenience.

The German-Polish Arbitration Treaty, the subject matter of Section 10 of Appendix C, is Document TC-15 and appears the one but end document in the book. It has already been put in under the Number GB-16.

My Lord, I would quote the preamble and Articles 1 and 2 from that treaty:

“The President of the German Empire and the President of 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 become
the cause of division between states;

“Have decided. . . .”

Then, go on to 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.”

I go straight to 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.”

My Lord, thereafter the treaty goes on to lay down the procedure for arbitration and for conciliation.

THE PRESIDENT: It is in the same terms, is it not, as the arbitration treaty between Germany and Czechoslovakia, and Germany and Belgium?

LT. COL. GRIFFITH-JONES: Well—yes, it is, My Lord, both signed at Locarno.

THE PRESIDENT: Yes.

LT. COL. GRIFFITH-JONES: The words of the charge in Section 10, will be noted particularly in that Germany did, on or about the 1st of September 1939, unlawfully attack and invade Poland without first having attempted to settle its dispute with Poland by peaceful means.

The only other treaty to which I refer, the German-Polish Declaration of the 26th of January 1934, will be found as the last document in Part I of the Tribunal’s document book, which is the subject of Section 10 of Appendix C:

“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 PRESIDENT: Do you think it is necessary to read all this? We are taking judicial notice of it.

LT. COL. GRIFFITH-JONES: I am very much obliged; I am only too anxious to shorten this, if I can.

In view of what is later alleged by the Nazi Government, I would particularly draw attention to the last paragraph in that declaration.

“The declaration shall remain in effect for a period of 10 years
counting from the day of exchange of instruments of
ratification. In case it is not denounced by one of the two
governments 6 months before the expiration of that period of
time, it shall continue in effect but can then be denounced by
either Government at any time 6 months in advance.”

My Lord, I pass then from the breach of treaties to present to the Court the evidence upon the planning and preparation of these wars and in support of the allegations that they were wars of aggression. For convenience, as I say, the documents have been divided into separate parts and if the Tribunal would look at the index, the total index to their document, which is a separate book, on the front page it will be seen how these documents have been divided. Part I is the “Treaties”;