7 Dec.
45
in the bundle. It is two documents
further on than the one the Tribunal has last referred to. That is the
Treaty of Arbitration and Conciliation between Germany and Luxembourg
signed at Geneva in 1929. May I just read the first few words of Article
1, which are familiar:
"The
contracting parties undertake to settle by peaceful means in
accordance with the present treaty all disputes of any nature whatever
which may arise between them and which it may not be possible to
settle by diplomacy."
And
then there follow the clauses dealing with the machinery for peaceful
settlement of disputes, which follow the common form.
My Lord,
those were the treaty obligations. May I put in that last treaty, TC-20,
which will be Exhibit GB-98. My Lord, those were the treaty obligations
between Germany and Belgium at the time when the Nazi Party came into
power in 1933; and as you have heard from my learned friend, Hitler
adopted and ratified the obligations of Germany under the Weimar
Republic with regard to the treaties which had been entered into. My
Lord, nothing more occurred to alter the position of Belgium until in
March 1936. Germany reoccupied the Rhineland, announced, of course, the
resumption of conscription, and so on. And Hitler on the 7th of March
1936 purported in a speech to repudiate the obligations of the German
Government under the Locarno Pact; the reason given being the execution
of the Franco-Soviet Pact of 1935. Sir David has dealt with that and has
pointed out that there was no legal foundation for this claim to be
entitled to renounce obligations under the Locarno Pact. But Belgium
was, of course, left in the air in the sense that it had entered itself
into various obligations under the Locarno Pact in return for the
liabilities which other nations acknowledged; and now one of those
liabilities, namely, the liability of Germany to observe the pact, had
been renounced.
And so My Lord, on the 30th of January 1937,
perhaps because Hitler realized the position of Belgium and of the
Netherlands, Hitler, in the next document in the bundle, TC-33 and 35,
which I hand in and which will be Exhibit GB-99, gave the solemn
assurance he used the word "solemn" to Belgium
and to the Netherlands. That has already been read by the Attorney
General and so I don't want to read it again. But the Tribunal will see
that it is a full guarantee. In April of 1937 in a document which is not
before the Court, France and England released Belgium from her
obligations under the Locarno Pact. It is a matter of history and it
does occur in an exhibit, but it hasn't been copied. Belgium, of course,
gave guarantees of strict independence and neutrality; and France and
England gave guarantees of assistance should Belgium be attacked. And it