Conventions of Arbitration and Conciliation were
entered into between Germany, the Netherlands, and Denmark in 1926;
and between Germany and Luxembourg in 1929. Non-aggression treaties
were executed by Germany with Denmark and Russia in 1939.
Kellogg-Briand Pact
The Pact of Paris was signed on 27 August 1928 by
Germany, the United States, Belgium, France, Great Britain, Italy,
Japan. Poland, and other countries; and subsequently by other Powers.
The Tribunal has made full reference to the nature of this Pact and
.its legal effect in another part of this judgment. It is therefore
not necessary to discuss the matter further here, save to state that
in the opinion of the Tribunal this Pact was violated by Germany in
all the cases of aggressive war charged in the Indictment. It is to
be noted that on 26 January 1934 Germany signed a Declaration for the
Maintenance of Permanent Peace with Poland, which was explicitly
based on the Pact of Paris, and in which the use of force was
outlawed for a period of 10 years.
The Tribunal does not find it necessary to consider any of the
other treaties referred to in the Appendix, or the repeated
agreements and assurances of her peaceful intentions entered into by
Germany.
The Law of the Charter
The jurisdiction of the Tribunal is defined in
the Agreement and Charter, and the crimes coming within the
jurisdiction of the Tribunal, for which there shall be individual
responsibility, are set out in Article 6. The law of the Charter is
decisive, and binding upon the Tribunal.
The making of the Charter was the exercise of the sovereign
legislative power by the countries to which the German Reich
unconditionally surrendered; and the undoubted right of these
countries to legislate for the occupied territories has been
recognized by the civilized world. The Charter is not an arbitrary
exercise of power on the part of the victorious Nations, but in the
view of the Tribunal, as will be shown, it is the expression of
international law existing at the time of its creation; and to that
extent is itself a contribution to international law.
The Signatory Powers created this Tribunal, defined the law it
was to administer, and made regulations for the proper conduct of the
Trial. In doing so, they have done together what any one of them
might have done singly; for it is not to be doubted that any nation
has the right thus to set up special courts to administer law. With
regard to the constitution of the Court, all that the defendants are
entitled to ask is to receive a fair trial on the facts and law.