The Nizkor Project: Remembering the Holocaust (Shoah)

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SIR DAVID MAXWELL FYFE (continuing the reading of the
Indictment):

APPENDIX C

CHARGES AND PARTICULARS OF VIOLATIONS OF INTERNATIONAL
TREATIES, AGREEMENTS AND ASSURANCES CAUSED BY THE DEFENDANTS
IN THE COURSE OF PLANNING, PREPARING AND INITIATING THE WARS

I

Charge: Violation of the Convention for the Pacific
Settlement of International Disputes signed at The Hague,
29th July, 1899.

Particulars: In that Germany did, by force and arms, on the
dates specified in Column I,
invade the territory of the sovereigns specified in Column
2, respectively, without first
having attempted to settle its disputes with said sovereigns
by pacific means.

Column 1                      Column 2
6th April, I941               Kingdom of Greece
6th April, 1941              Kingdom of Yugoslavia

II

Charge : Violation of the Convention for the  Pacific
Settlement of International Disputes signed at The Hague,
18th October, 1907.

Particulars : In that Germany did, on or about the dates
specified in Column 1, by force of
arms invade the territory of the sovereigns specified in
Column 2, respectively, without
having first attempted to settle its disputes with said
sovereigns by pacific means.

Column 1                                 Column 2
1st September, 1939                Republic of Poland
9th April, I940                         Kingdom of Norway
9th April, 1940                        Kingdom of Denmark
10th May, 1940                        Grand-Duchy of
Luxembourg
10th May, I940                         Kingdom of Belgium
10th May, 1940                        Kingdom of the
Netherlands
22nd June, 1941                        Union of Soviet
Socialist Republics

                                                   [Page 42]
III
Charge: Violation of Hague Convention III Relative to the
Opening of Hostilities, signed 18th October, 1907.

Particulars: In that Germany did, on or about the dates
specified in Column 1, commence hostilities against the
countries specified in Column 2, respectively, without
previous warning in the form of a reasoned declaration of
war or an ultimatum with conditional declaration of war.

Column 1                              Column 2

1st September, 1939             Republic of Poland
9th April, 1940                      Kingdom of Norway
9th April, I940                       Kingdom of Denmark
10th May, I940                       Kingdom of Belgium
10th May, 1940                      Kingdom of the
Netherlands
10th May, 1940                      Grand-Duchy of
Luxembourg
22nd June, 1941                    Union of Soviet Socialist
Republics

IV

Charge: Violation of Hague Convention V Respecting the
Rights and Duties of Neutral Powers and Persons in Case of
War on Land, signed 18th October, 1907.

Particulars: In that Germany did, on or about the dates
specified in Column 1, by force and arms of its military
forces, cross into, invade, and occupy the territories of
the sovereigns specified in Column 2, respectively, then and
thereby violating the neutrality of said sovereigns.

Column 1                         Column 2
9th April, 1940             Kingdom of Norway
9th April, I 940             Kingdom of Denmark
10th May, 1940             Grand-Duchy of Luxembourg
10th May, I940              Kingdom of Belgium
10th May, 1940             Kingdom of the Netherlands
22nd June, 194I            Union of Soviet Socialist
Republics

V

Charge: Violation of the Treaty of Peace between the Allied
and Associated Powers and Germany, signed at Versailles,
28th June, 1919, known as the Versailles Treaty.

Particulars:

(1) In that Germany did, on and after 7th March, 1936,
maintain and assemble armed forces and maintain and
construct military fortifications in the demilitarised zone
of the Rhineland in violation of the provisions of Articles
42 to 44 of the Treaty of Versailles.

(2) In that Germany did, on or about 13th March, I938, annex
Austria into the German Reich in violation of the provisions
of Article 80 of the Treaty of Versailles.

(3) In that Germany did, on or about 22nd March, 1939,
incorporate the district of Memel into the German Reich in
violation of the provisions of Article 99 of the Treaty of
Versailles.

(4) In that Germany did, on or about 1st September, I939,
incorporate the Free City of Danzig into the German Reich in
violation of the provisions of Article 100 of the Treaty of
Versailles.

(5) In that Germany did, on or about 16th March, I939,
incorporate the provinces of Bohemia and Moravia, formerly
part of Czechoslovakia, into the German Reich in violation
of the provisions of Article 81 of the Treaty of Versailles.

                                                   [Page 43]

(6) In that Germany did, at various times in March, I935,
and thereafter, repudiate various parts of Part V, Military,
Naval and Air Clauses of the Treaty of Versailles, by
creating an air force, by use of compulsory military
service, by increasing the size of the army beyond treaty
limits, and by increasing the size of the navy beyond treaty
limits.

VI
Charge: Violation of the Treaty between the United States
and Germany Restoring Friendly Relations, signed at Berlin,
25th August, 1921.

Particulars: In that Germany did, at various times in March,
1935, and thereafter, repudiate various parts of Part V,
Military, Naval and Air Clauses of the Treaty between the
United States and Germany Restoring Friendly Relations by
creating an air force, by use of compulsory military
service, by increasing the size of the army beyond treaty
limits, and by increasing the size of the navy beyond treaty
limits.

VII

Charge: Violation of the Treaty of Mutual Guarantee between
Germany, Belgium, France, Great Britain and Italy, done at
Locarno, 16th October, 1925.

Particulars :

(1) In that Germany did, on or about 7th March, 1936,
unlawfully send armed forces into the Rhineland
demilitarised zone of Germany, in violation of Article 1 of
the Treaty of Mutual Guarantee.

(2) In that Germany did, in or about March, 1936, and
thereafter, unlawfully maintain armed forces in the
Rhineland demilitarised zone of Germany, in violation of
Article 1 of the Treaty of Mutual Guarantee.

(3) In that Germany did, on or about 7th March, 1936, and
thereafter, unlawfully construct and maintain fortifications
in the Rhineland demilitarised zone of Germany, in violation
of Article I of the Treaty of Mutual Guarantee.

(4) In that Germany did, on or about 10th May, unlawfully
attack and invade Belgium, in violation of Article 2 of the
Treaty of Mutual Guarantee.

(5) In that Germany did, on or about 10th May, I940,
unlawfully attack and invade Belgium, without first having
attempted to settle its dispute with Belgium by peaceful
means, in violation of Article 3 of the Treaty of Mutual
Guarantee.

VIII

Charge: Violation of the Arbitration Treaty between Germany
and Czechoslovakia, done at Locarno, 16th October, I925-

Particulars:

In that Germany did, on or about 15th March, 1939,
unlawfully by duress and threats of military might force
Czechoslovakia to deliver the destiny of Czechoslovakia and
its inhabitants into the hands of the Fuehrer and
Reichschancellor of Germany without having attempted to
settle its dispute with Czechoslovakia by peaceful means.

IX
Charge: Violation of the Arbitration Convention between
Germany and Belgium, done at
Locarno, 16th October, l955

Particulars: In that Germany did, on or about 10th May,
1940, unlawfully attack and invade Belgium without first
having attempted to settle its dispute with Belgium by
peaceful means.

X

Charge: Violation of the Arbitration Treaty between Germany
and Poland, done at Locarno,
16th October, l925.

Particulars : In that Germany did, on or about 1st
September, 1939, unlawfully attack and invade Poland without
first having attempted to settle its dispute with Poland by
peaceful means.

                                                   [Page 44]

XI

Charge : Violation of Convention of Arbitration and
Conciliation entered into between Germany and the
Netherlands on 20th May, 1926.

Particulars: In that Germany, without warning, and
notwithstanding its solemn covenant to settle by peaceful
means all disputes of any nature whatever which might arise
between it and the Netherlands which were not capable of
settlement by diplomacy and which had not been referred by
mutual agreement to the Permanent Court of International
Justice, did, on or about 10th May, 1940, with a military
force, attack, invade, and occupy the Netherlands, thereby
violating its neutrality and territorial integrity and
destroying its sovereign independence.

XII

Charge: Violation of Convention of Arbitration and
Conciliation entered into between Germany and Denmark on 2nd
June, 1926.

Particulars: In that Germany, without warning, and
notwithstanding its solemn covenant to settle by peaceful
means all disputes of any nature whatever which might arise
between it and Denmark which were not capable of settlement
by diplomacy and which had not been referred by mutual
agreement to the Permanent Court of International Justice,
did, on or about 9th April, 1940, with a military force,
attack, invade, and occupy Denmark, thereby violating its
neutrality and territorial integrity and destroying its
sovereign independence.

XIII

Charge : Violation of Treaty between Germany and other
Powers providing for Renunciation of War as an Instrument of
National Policy, signed at Paris 27th August, 1928, known as
the Kellogg-Briand Pact.

Particulars: In that Germany did, on or about the dates
specified in Column 1, with a military force, attack the
sovereigns specified in Column 2, respectively, and resort
to war against such sovereigns, in violation of its solemn
declaration condemning recourse to war for the solution of
international controversies, its solemn renunciation of war
as an instrument of national policy in its relations with
such sovereigns, and its solemn covenant that settlement or
solution of all disputes or conflicts of whatever nature or
origin arising between it and such sovereigns should never
be sought except by pacific means.

Column 1                            Column 2
1st September, I939             Republic of Poland
9th April, 1940                       Kingdom of Norway
9th April,   1940                     Kingdom of Denmark
10th May, 1940                       Kingdom of Belgium
10th May,  1940                     Grand-Duchy of
Luxembourg
10th May, 1940                      Kingdom of the
Netherlands
6th April, 1941                      Kingdom of Greece
6th April,  1941                    Kingdom of Yugoslavia
22nd June, 1941                    Union of Soviet Socialist
Republics
11th December, 1941           United States of America

XIV

Charge: Violation of Treaty of Arbitration and Conciliation
entered into between Germany and Luxembourg on 11th
September, I929.

Particulars: In that Germany, without warning, and
notwithstanding its solemn covenant to settle by peaceful
means all disputes which might arise between it and
Luxembourg which were not capable of settlement by
diplomacy, did, on or about 10th May, 1940, with a military
force, attack, invade, and occupy Luxembourg, thereby
violating its neutrality and territorial integrity and
destroying its sovereign independence.

                                                   [Page 45]
XV

Charge: Violation of the Declaration of Non-Aggression
entered into between Germany and Poland on 26th January,
1934.

Particulars: In that Germany proceeding to the application
of force for the purpose of reaching a decision did, on or
about 13th September, 1939, at various places along the
German-Polish frontier, employ military forces to attack,
invade and commit other acts of aggression against Poland.

XVI

Charge: Violation of German Assurance given on 21st May,
1935, that the Inviolability and Integrity of the Federal
State of Austria would be Recognised.

Particulars: In that Germany did, on or about 12th March,
1938, at various points, and places along the German-
Austrian frontier, with a military force and in violation of
its solemn declaration and assurance, invade and annex to
Germany the territory of the Federal State of Austria.

XVII

Charge: Violation of Austro-German Agreement of 11th July,
1936.

Particulars: In that Germany during the period from 11th
February, 1938 to 13th March, 1938, did by duress and
various aggressive acts, including the use of military
force, cause the Federal State of Austria to yield up its
sovereignty to the German State in violation of Germany's
agreement to recognise the full sovereignty of the Federal
State of Austria.

XVIII

Charge: Violation of German Assurances given on 30th
January, I937, 28th April, 1939, 26th August, 1939 and 6th
October, 1939, to Respect the Neutrality and Territorial
Inviolability of the Netherlands.

Particulars: In that Germany, without warning, and without
recourse to peaceful means of settling any considered
differences did, on or about 10th May, I940, with a military
force and in violation of its solemn assurances, invade,
occupy, and attempt to subjugate the sovereign territory of
the Netherlands.

XIX

Charge : Violation of German Assurances given on 30th
January, 1937, 13th October, 1937, 28th April, 1939, 26th
August, 1939, and 6th October, 1939, to Respect the
Neutrality and Territorial Integrity and Inviolability of
Belgium.

Particulars: In that Germany, without warning, did on or
about 10th May, 1940, with a military force and in violation
of its solemn assurances and declarations, attack, invade,
and occupy the sovereign territory of Belgium.

XX

Charge : Violation of Assurances given on 11th March, 1938,
and 26th September, 1938, to Czechoslovakia.

Particulars: In that Germany, on or about 15th March, 1939,
did, by establishing a Protectorate of Bohemia and Moravia
under duress and by the threat of force, violate the
assurance given on 11th March, 1938, to respect the
territorial integrity of the Czechoslovak Republic and the
assurance given on 26th September, 1938, that, if the so-
called Sudeten territories were ceded to Germany, no further
German territorial claims on Czechoslovakia would be made.


XXI

Charge: Violation of the Munich Agreement and Annexes of
29th September, 1938.

                                                   [Page 46]

Particulars : (1) In that Germany on or about 15th March,
1939, did by duress and the threat of military intervention
force the Republic of Czechoslovakia to deliver the destiny
of the Czech people and country into the hands of the
Fuehrer of the German Reich.

(2) In that Germany refused and failed to join in an
international guarantee of the new boundaries of the
Czechoslovakian State as provided for in Annex No. I to the
Munich Agreement.

XXII

Charge: Violation of the Solemn Assurances of Germany given
On 3rd September, 1939, 28th April, I939, and 6th October,
1939, that they would not Violate the Independence or
Sovereignty of the Kingdom of Norway.

Particulars: In that Germany, without warning did, on or
about 9th April, I940, with its military and naval forces
attack, invade and commit other acts of aggression against
the Kingdom of Norway.

XXIII

Charge : Violation of German Assurances given on 28th April,
1939, and 26th August, 1939, to Respect the Neutrality and
Territorial Inviolability of Luxembourg.

Particulars : In that Germany, without warning, and without
recourse to peaceful means of settling any considered
differences, did, on or about 10th May, 1940, with a
military force and in violation of the solemn assurances,
invade, occupy, and absorb into Germany the sovereign
territory of Luxembourg.

XXIV

Charge: Violation of the Treaty of Non-Aggression between
Germany and Denmark signed at Berlin, 31st May, 1939.

Particulars: In that Germany without prior warning, did, on
or about 9th April, I940, with its military forces, attack,
invade and commit other acts of aggression against the
Kingdom of Denmark.

XXV

Charge: Violation of Treaty of Non-Aggression entered into
between Germany and U.S.S.R. on 23rd August, I939.

Particulars: (1) In that Germany did, on or about 22nd June,
I941, employ military forces to attack and commit acts of
aggression against the U.S.S.R.

(2) In that Germany without warning or recourse to a
friendly exchange of views or arbitration did, on or about
22nd June, I941, employ military forces to attack and commit
acts of aggression against the U.S.S.R.

XXVI

Charge: Violation of German Assurance given on 6th October,
1939, to Respect the Neutrality and Territorial Integrity of
Yugoslavia.

Particulars: In that Germany without prior warning did, on
or about 6th April, 1941, with its military forces attack,
invade and commit other acts of aggression against the
Kingdom of Yugoslavia.

THE PRESIDENT: The Tribunal will now adjourn until 10
o'clock to-morrow morning.

(The Tribunal adjourned to 21st November, 1945, at I0.00
hours.)


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