 |
which he sets forth the legal opinion that under the Treaty of
Versailles all mobilization and related measures are illegal. This document is
dated 7 January 1927.
JUDGE WILKINS, Presiding: Exhibit 135 will be
admitted.
MR. KAUFMAN: I refer to page 67, right at the beginning, the
title is “Legal Opinion on the Question of Whether a Legal Basis can be
Established for Mobilization Measures.” |
| |
“The Peace Treaty of
Versailles contains some very explicit provisions for the strength and
structure of the German Wehrmacht regarding arms and equipment, in terms of
munitions and material as well as for recruiting and training. These
stipulations were further elaborated in regard to various points by special
regulations.” |
| |
| Of course he is referring there to the Allied Commission regulations
which are now in evidence. Then he goes on to say, referring to Article 160,
paragraph 2, of the Treaty: |
| |
“ * * * that the army is
destined to serve merely for maintaining order within the German boundaries,
and to serve as a border police or as border guard," which is what that article
says, exactly, in the Treaty.
“Article 178 explicitly forbids all
mobilization measures or such measures as point to a
mobilization." |
| |
| Page 68, which is page 3 of the original, just before page 4.
|
| |
“The Peace Treaty of
Versailles first of all is a treaty concluded under international
law.” |
| |
That perhaps is an answer to the question of the president of the
Court as to the effect of a violation of the treaty under international law.*
JUDGE ANDERSON: Read that again, please.
MR. KAUFMAN: “The
Peace Treaty of Versailles first of all is a treaty concluded under
international law.” Then he goes on to say: “This being the case, it
is binding for the German Reich. The Reich then has to take the responsibility
for a violation of pledges made under international law.”
That is
on page 68 of the document book in English. Page 69 of the English, which is
page 4 of the original just before page 5 of the original and about the middle
of the page of the English: |
| |
“Furthermore, the Peace
Treaty of Versailles is also a law of the Reich, and by reason of this it is
binding on all members of the Reich at home. This commitment ranks even
superior |
__________
* Earlier, (Tr. pp. 215,
10 December 1947) Presiding Judge Anderson had asked: “Now at this
point let me ask you if the prosecution will maintain that rearmament, merely
in violation of the treaty, constitutes a violation of international law
?”
354 |
. 
