5 Dec. 45

The fourth treaty is the Hague Convention 5, respecting the rights and duties of neutral powers and persons in case of war on land, signed at the same time. That is British Document TC-4, and the German reference is Reichsgesetzblatt 1910, Number 2, Sections 168 and 176. Reference in Appendix C is to Charge 4.

THE PRESIDENT: Is it necessary to give the German reference? If it is necessary for defendants' counsel, all right, but if not it need not be done.

SIR DAVID MAXWELL-FYFE: If I may omit them it will save some time.

THE PRESIDENT: Yes

SIR DAVID MAXWELL-FYFE: If any of the defendants counsel want any specific reference perhaps they will be good enough to ask me.

THE PRESIDENT: Yes.

SIR DAVID MAXWELL-FYFE: Germany was an original signatory to the Convention, and the Treaty is in force as a result of ratification or adherence between Germany and Norway, Denmark, Belgium, Luxembourg, the Netherlands, the U.S.S.R., and the United States.

I call the attention of the Tribunal to the short contents of Article 1, "The territory of neutral powers is inviolable."

A point does arise, however, on this Convention. I want to make this clear at once. Under Article 20, the previsions of the present Convention do not apply except between the contracting powers, and then only if all the belligerents are parties to the Convention.

As Great Britain and France entered the war within 2 days of the outbreak of the war between Germany and Poland, and one of thew powers had not ratified the Convention, it is arguable that its provisions did not apply to the second World War.

I do not want the time of the Tribunal in be occupied by an argument on that point when there are so many more important treaties to be considered. Therefore, I do not press that as a charge of a breach of treaty. I merely call the attention of the Tribunal to the terms of Article 1 as showing the state of international opinion at that time and as an element in the aggressive character of the war which we are considering.

THE PRESIDENT. Perhaps this would be a good time to break off.

[A recess was taken until 1400 hours.]