Note to V, Preamble-Continued

The 85th (extraordinary) session of the Council convened on April 15, and on the 16th representatives of France, the United Kingdom, and Italy submitted the following draft, which was unanimously adopted on the 17th as a resolution, by a roll-call vote of the representatives of the Argentine Republic, Australia, Great Britain, Chile, Spain, France, Italy, Mexico, Poland, Czechoslovakia, Turkey, and the Union of Soviet Socialist Republics, with Denmark abstaining (ibid., p. 551):

The Council,

Considering,

(1) That the scrupulous respect of all treaty obligations is a fundamental principle of international life and an essential condition of the maintenance of peace;

(2) That it is an essential principle of the law of nations that no Power can liberate itself from the engagements of a treaty nor modify the stipulations thereof unless with the consent of the other contracting parties;

(3) That the promulgation of the Military Law of March 16th, 1935, by the German Government conflicts with the above principles;

(4) That, by this unilateral action, the German Government confers upon itself no right;

(5) That this unilateral action, by introducing a new disturbing element into the international situation, must necessarily appear to be a threat to European security;

Considering, on the other hand,

(6) That the British Government and the French Government, with the approval of the Italian Government, had communicated to the German Government as early as February 3rd, 1935, a plan for a general settlement, to be freely negotiated, for the organisation of security in Europe and for a general limitation of armaments in a system of equality of rights, while ensuring the active co-operation of Germany in the League of Nations;

(7) And that the unilateral action of Germany above referred to was not only inconsistent with this plan, but was taken at a time when negotiations were actually being pursued:

I. Declares that Germany has failed in the duty which lies upon all the Members of the International community to respect the undertakings which they have contracted, and condemns any unilateral repudiation of international obligations;

II. Invites the Governments which took the initiative in the plan of February 3rd, 1935, or which gave their approval to it, to continue the negotiations so initiated, and in particular to promote the conclusion, within the framework of the League of Nations, of the agreements which may appear necessary to attain the object defined in this plan, due account being taken of the obligations of the Covenant, with a view to assuring the maintenance of peace;

III. Considering that the unilateral repudiation of international obligations may endanger the very existence of the League of Nations as an organisation for maintaining peace and promoting security;

Note to V, Preamble-Continued

Decides:

That such repudiation, without prejudice to the application of the measures already provided in international agreements, should, in the event of its having relation to undertakings concerning the security of peoples and the maintenance of peace in Europe, call into play all appropriate measures on the part of Members of the League and within the framework of the Covenant;

Requests a Committee composed of [representatives of the United Kingdom, Canada, Chile, France, Hungary, Italy, Netherlands, Poland, Portugal, Spain, Turkey, Union of Soviet Socialist Republics, Yugoslavia] to propose for this purpose measures to render the Covenant more effective in the organisation of collective security and to define in particular the economic and financial measures which might be applied, should in the future a State, whether a Member of the League of Nations or not, endanger peace by the unilateral repudiation of its international obligations.

On April 20 Germany in a note addressed to the governments of states represented on the Council contested their right "to set themselves up as judges of Germany"; the resolution was "absolutely rejected” as “an attempt at a new discrimination against Germany".

SECTION 1.-Military Clauses.

CHAPTER I.-EFFECTIVES AND CADRES OF THE GERMAN ARMY.

Notes to Part V, Section I, Articles 159 to 163

The German delegation declared that on condition of being admitted immediately to the League of Nations as a state with equal rights, Germany was prepared to agree to the "fundamental ideas" proposed in part V, in particular the abolition of universal military service, provided that "within two years at most" other states did likewise (Foreign Relations, The Paris Peace Conference, 1919, vi, 820). But a period of transition must be allowed during which Germany could retain such forces as might be required to preserve internal order before reducing its army to 100,000. Germany was ready to dismantle the forces in the west and to establish a neutral zone, but no supervision of disarmament could be admitted except that of the League.

The Allies replied that their requirements were "not made solely with the object of rendering it impossible for Germany to resume her policy of military aggression" but as the "first steps" toward general reduction and limitation of armaments (ibid., p. 954). But since the "colossal growth" of armaments had been forced by Ger

Notes to Part V, Articles 159 to 163-Continued

many, it was right for limitation of armaments to begin with the nation responsible for their expansion. Therefore the Allies could not agree to any alteration of the principles of the treaty as laid down in articles 159-180, 203-208, 211-213. "Germany must consent unconditionally to disarm in advance of the Allied and Associated Powers." The tempo of reducing the German Army could be moderated, but by March 31, 1920 it must be reduced to 100,000. No deviations in prescribed armament could be permitted until Germany had been admitted by the League of Nations, "which may then agree to such modifications as seem desirable." The period for demolishing fortifications between the Rhine and the line 50 kilometers east of the river was extended to six months, instead of the three months provided for in the draft treaty.

It is of interest to note that the annotated edition of the treaty published under the auspices of the German Government in 1939 under the title Das Diktat von Versailles omitted the text of this chapter with the exception of article 159 and article 160 (1), paragraphs 1 and 2.

ARTICLE 159.

The German military forces shall be demobilized and reduced as prescribed hereinafter.

Text of May 7:

Within two months of the coming into force of the present Treaty the German military forces shall be demobilized as prescribed hereinafter.

ARTICLE 160.

(1) By a date which must not be later than March 31, 1920, the German Army must not comprise more than seven divisions of infantry and three divisions of cavalry.

After that date the total number of effectives in the Army of the States constituting Germany must not exceed one hundred thousand men, including officers and establishments of depots. The Army shall be devoted exclusively to the maintenance of order within the territory and to the control of the frontiers.

The total effective strength of officers, including the personnel of staffs, whatever their composition, must not exceed four thousand.

(2) Divisions and Army Corps headquarters staffs shall be organised in accordance with Table No. I annexed to this Section. The number and strengths of the units of infantry, artillery, engineers, technical services and troops laid down in the aforesaid Table constitute maxima which must not be exceeded.

The following units may each have their own depot:

An Infantry regiment;

A Cavalry regiment;

A regiment of Field Artillery;

A battalion of Pioneers.

(3) The divisions must not be grouped under more than two army corps headquarters staffs.

The maintenance or formation of forces differently grouped or of other organisations for the command of troops or for preparation for war is forbidden.

The Great German General Staff and all similar organisations shall be dissolved and may not be reconstituted in any form.

The officers, or persons in the position of officers, in the Ministries of War in the different States in Germany and in the Administrations attached to them, must not exceed three hundred in number and are included in the maximum strength of four thousand laid down in the third sub-paragraph of paragraph (1) of this Article.

Text of May 7:

The German Army must not comprise more than seven divisions of infantry and three divisions of cavalry.

In no case must the total number of effectives in the Army of the States constituting Germany ever exceed one hundred thousand men, including officers and establishments of depots. The Army shall be devoted exclusively to the maintenance of order within the territory and to the control of the frontiers.

The total effective strength of officers, including the personnel of staffs, whatever their composition, must not exceed four thousand. Note to V, 160

The period for reduction of German effectives to 100,000 men was conditionally extended from March 31, 1920 until January 1, 1921 by the protocol respecting armed forces in Germany signed at Spa on July 9, 1920 (see p. 303).

The law fixing the strength of the army at 100,000 men and of the navy at 15,000 as of January 1, 1921 was enacted August 21, 1920 (Reichsgesetzblatt, 1920, 1, 1608) and published on August 26. On March 4, 1926 the Conference of Ambassadors ruled that

Note to V, 160 Continued

superior officers should constitute not more than 20 percent of the total number of officers and that non-commissioned officers should not exceed 25 percent of the enlisted personnel.

As to the high command a German decree of September 25, 1919 was satisfactory, but one of August 11, 1920 conferring powers of a commander in chief on the head of the army directorate required cancelation.

As late as March 1931 the results secured under this article were not regarded as satisfactory by the Conference of Ambassadors (p. 307).

On March 16, 1935 the German Chancellor convened the British French, Italian, and Polish Ambassadors in Berlin and communicated to them the text of a law reestablishing general compulsory military service in Germany and providing for an army of 12 corps in 36 divisions. The French Government immediately laid the matter before the Council of the League of Nations, which held an extraordinary session on April 15. On the following day France, the United Kingdom, and Italy submitted a resolution, which was unanimously adopted (Denmark abstaining), condemning Germany for violating by unilateral action the armament clauses of the Treaty of Versailles. On April 20, 1935 Germany addressed to the members of the Council a vote protesting against their right to "set themselves up as judges of Germany" and rejecting the resolution of the Council as "an attempt at a new discrimination against Germany".

ARTICLE 161.

Army administrative services consisting of civilian personnel not included in the number of effectives prescribed by the present Treaty will have such personnel reduced in each class to one-tenth of that laid down in the Budget of 1913.

Text of May 7:

Divisions and Army Corps headquarters staffs shall be organised in accordance with Table No. I annexed to this Section.

The number and strengths of the units of infantry, artillery, engineers, technical services and troops laid down in the aforesaid Table constitute maxima which must not be exceeded.

The following units may each have their own depot:

An Infantry regiment;

A Cavalry regiment;

A regiment of Field Artillery;

A battalion of Pioneers.