4
Dec. 45
Pact
of Parts on the statute book a war of aggression
was contrary to international law. Nor have the
repeated violations of the Pact by the Axis
Powers in any way affected its validity. Let
this be firmly and clearly stated. Those very
breaches, except perhaps to the cynic and the
malevolent, have added to the strength of the
treaty; they provoked the sustained wrath of
peoples angered by the contemptuous disregard of
this great statute and determined to vindicate
its provisions. The Pact of Paris is the law of
nations. This Tribunal will declare it. The
world must enforce it.
Let this also
be said, that the Pact of Paris was not a clumsy
instrument likely to become a kind of signpost
for the guilty. It did not enable Germany to go
to war against Poland and yet rely, as against
Great Britain and France, on any immunity from
warlike action because of the very provisions of
the pact. For the pact laid down expressly in
its preamble that no state guilty of a violation
of its provisions might invoke its benefits. And
when, on the outbreak of the second World War,
Great Britain and France communicated to the
League of Nations that a state of war existed
between them and Germany as from the 3rd of
September 1939, they declared that by committing
an act of aggression against Poland. Germany had
violated her obligations assumed not only
towards Poland but also towards the other
signatories of the pact A violation of the pact
in relation to one signatory was an attack upon
all the other signatories and they were entitled
to treat it as such I emphasize that point lest
any of these defendants should seize upon the
letter of the particulars of Count Two of the
Indictment and seek to suggest that it was not
Germany who initiated war with the United
Kingdom and France on 3 September 1939. The
declaration of war came from the United Kingdom
and from France; the act of war and its
commencement came from Germany in violation of
the fundamental enactment to which she was a
party.
The General Treaty for the
Renunciation of War, this great constitutional
instrument of an international society awakened
to the deadly dangers of another Armageddon, did
not remain an isolated e tort soon to be
forgotten in the turmoil of recurrent
international crises. It became, in conjunction
with the Covenant of the League of Nations or
independently of it, the starting point for a
new orientation of governments in matters of
peace, war, and neutrality. It is of importance,
I think, to quote just one or two of the
statements which were being made by governments
at that time in relation to the effect of the
pact. In 1929 His Majesty's Government in the
United Kingdom said, in connection with the
question of conferring upon the Permanent Court
of international Justice jurisdiction with
regard to the exercise of belligerent rights in
relation to neutral states and it
illustrates the profound change which was being