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, 29 July 1899.

    6 April 1941   Kingdom of Greece
    6 April 1941   Kingdom of Yugoslavia

[Page 74]

II

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

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

III

CHARGE: Violation of Hague Convention III Relative to the Opening of Hostilities, signed 18 October 1907.

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

IV

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

[Page 75]

specified in Column 2, respectively, then and thereby violating the neutrality of said sovereigns.

9 April 1940        Kingdom of Norway
9 April 1940        Kingdom of Denmark
 10 May 1940        Grand-Duchy of Luxembourg
 10 May 1940        Kingdom of Belgium
 10 May 1940        Kingdom of the Netherlands
22 June 1941        Union of Soviet Socialist Republics

V

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

(2) In that Germany did, on or about 13 March 1938, 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 22 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 1 September 1939, 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 16 March 1939, 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.

(6) 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 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, 25 August 1921.

[Page 76]

VII

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

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

(3) In that Germany did, on or about 7 March 1936, and thereafter, unlawfully construct and maintain fortifications in the Rhineland demilitarized zone of Germany, in violation of Article 1 of the Treaty of Mutual Guarantee.

(4) In that Germany did, on or about 10 May 1940, unlawfully attack and invade Belgium, in violation of Article 2 of the Treaty of Mutual Guarantee.

(5) In that Germany did, on or about 10 May 1940, 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, 16 October 1925.

[Page 77]

IX

CHARGE: Violation of the Arbitration Convention between Germany and Belgium, done at Locarno, 16 October 1925.

X

CHARGE: Violation of the Arbitration Treaty between Germany and Poland, done at Locarno, 16 October 1925.

XI

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

XII

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

XIII

CHARGE: Violation of Treaty between Germany and other Powers providing for Renunciation of War as an Instrument of

[Page 78]

National Policy, signed at Paris 27 August 1928, known as the Kellogg-Briand Pact.

Column 1               Column 2

1 September 1939       Republic of Poland
    9 April 1940       Kingdom of Norway
    9 April 1940       Kingdom of Denmark
     10 May 1940       Kingdom of Belgium
     10 May 1940       Grand-Duchy of Luxembourg
     10 May 1940       Kingdom of the Netherlands
    6 April 1941       Kingdom of Greece
    6 April 1941       Kingdom of Yugoslavia
    22 June 1941       Union of Soviet Socialist Republics
11 December 1941       United States of America

XIV

CHARGE: Violation of Treaty of Arbitration and Conciliation entered into between Germany and Luxembourg on 11 September 1929.

XV

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

[Page 79]

XVI

CHARGE: Violation of German Assurance given on 21 May 1935 that the Inviolability and Integrity of the Federal State of Austria would be Recognized.

XVII

CHARGE: Violation of Austro-German Agreement of 11 July 1936.

XVIII

CHARGE: Violation of German Assurances given on 30 January 1937, 28 April 1939, 26 August 1939 and 6 October 1939 to respect the Neutrality and Territorial Inviolability of the Netherlands.

XIX

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

XX

CHARGE: Violation of Assurances given on 11 March 1938 and 26 September 1938 to Czechoslovakia.

[Page 80]

1939 did, by establishing a Protectorate of Bohemia and Moravia under duress and by the threat of force, violate-the assurance given on 11 March 1938 to respect the territorial integrity of the Czechoslovak Republic and the assurance given on 26 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 29 September 1938.

(2) In that Germany refused and failed to join in an international guarantee of the new boundaries of the Czechoslovakia state as provided for in Annex No. 1 to the Munich Agreement.

XXII

CHARGE: Violation of the Solemn Assurance of Germany given on 3 September 1939, 28 April 1939 and 6 October 1939 that they would not violate
the Independence or Sovereignty of the Kingdom of Norway.

XXIII

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

[Page 81]

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 USSR on 23 August 1939

(2) In that Germany without warning or recourse to a friendly exchange of views or arbitration did, on or about 22 June 1941, employ military forces to attack and commit acts of aggression against the USSR

XXVI

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

STATEMENT OF RESERVATION TO THE INDICTMENT

Upon the signing of the Indictment in Berlin on 6 October 1945, Justice Jackson, on behalf of the United States, filed the following statement of reservation with the Tribunal and with the Chief Prosecutors of France, Great Britain, and Soviet Russia:

Berlin 6 October 1945

M. Francois de Menthon,
Sir Hartley Shawcross,
General R. A. Rudenko.

In the Indictment of German War Criminals signed today, reference is made to Estonia, Latvia, Lithuania, and certain other territories as being within the area of the USSR. This language is proposed by Russia and is accepted to avoid the delay which would be occasioned by insistence on an alteration in the text. The Indictment is signed subject to this reservation and understanding.

I have no authority either to admit or to challenge, on behalf of the

[Page 82]

United States of America, Soviet claims to sovereignty over such territories. Nothing, therefore, in this Indictment is to be construed as a recognition by the United States of such sovereignty or as indicating any attitude, either on the part of the United States or on the part of the undersigned, toward any claim to recognition of such sovereignty.

Respectfully submitted,
[signed] Robert H. Jackson
ROBERT H. JACKSON
Chief of Counsel for the United States

To the Clerk or Recording Officer,
International Military Tribunal:

The representative of the United States has found it necessary to make certain reservations as to the possible bearing of certain language in the Indictment upon political questions which are considered to be irrelevant to the proceedings before this Tribunal. However, it is considered appropriate to disclose such reservations that they may not be unknown to the Tribunal in the event they should at any time be considered relevant. For that purpose, the foregoing copy is filed.

The original plaintext version of this file is available via ftp.

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