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march into Bohemia and Moravia. They will disarm the terror gangs and the Czechoslovakian forces supporting them, and protect the lives of all who are menaced. Thus they will lay the foundations for introducing a fundamental reordering of affairs which will be in accordance with the 1,000-year old history and will satisfy the practical needs of the German

and Czech peoples". (TC-50) A footnote contains an order of the Fuehrer to the German armed forces of the same date, in which they are told to march in to safeguard lives and property of all inhabitants and not to conduct themselves as enemies, but as an instrument for carrying out the German Reich Government's decision. (TC-50)

Next came the decree establishing the Protectorate of Bohemia and Moravia. (TC-51)

In a communication from Foreign Minister Halifax to Sir Neville Henderson, British Ambassador in Berlin, the British Government protested against these actions:

“Foreign Office, March 17, 1939:
"Please inform German Government that His Majesty's Gov-
ernment desire to make it plain to them that they cannot
but regard the events of the past few days as a complete re-
pudiation of the Munich Agreement and a denial of the spirit
in which the negotiators of that Agreement bound them-
selves to cooperate for a peaceful settlement.
"His Majesty's Government must also take this occasion to
protest against the changes effected in Czechoslovakia by
German military action, which are, in their view, devoid of

any basis of legality." (TC-52) The French Government also made a protest on the same date: "*

The French Ambassador has the honor to inform the Minister for Foreign Affairs of the Reich of the formal protest made by the Government of the French Republic against the measures which the communication of Count de Welzeck records. "The Government of the Republic consider, in fact, that in face of the action directed by the German Government against Czechoslovakia, they are confronted with a flagrant violation of the letter and the spirit of the agreement signed at Munich on September 9, 1938. “The circumstances in which the agreements of March 15 have been imposed on the leaders of the Czechoslovak Republic do not, in the eyes of the Government of the Republic, legalize the situation registered in that agreement. "The French Ambassador has the honor to inform His Ex

cellency, the Minister for Foreign Affairs of the Reich, that the Government of the Republic can not recognize under these conditions the legality of the new situation created in Czechoslovakia by the action of the German Reich.” (TC-53)

(2) Armament Limitations. Part V of the Treaty, containing Military, Naval and Air Clauses reads as follows:

"In order to render possible the initiation of a general limi-
tation of the armaments of all nations, Germany undertakes
strictly to observe the military, naval and air clauses which
follow.
“Section 1. Military Clauses. Effectives and Cadres of the
German Army

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*

“Article 159. The German military forces shall be demo-
bilized and reduced as prescribed hereinafter.
"Article 160. 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 100,000
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 frontier.
“The total effective strength of officers, including the per-
sonnel of staffs, whatever their composition, must not exceed
4,000.”

(2) "Divisions and Army Corps headquarters staffs, shall be
organized in accordance with Table Number 1 annexed to
this Section. The number and strength of units of infantry,
artillery, engineers, technical services and troops laid down in
the aforesaid table constitute maxima which must not be
exceeded.

"The maintenance or formation of forces differently grouped
or of other organizations for the command of troops or for
preparation for war is forbidden.
"The great German General Staff and all similar organiza-
tions shall be dissolved and may not be reconstituted in any

form.(TC-10) Article 163 provides the steps by which the reduction will take place. Chapter 2 which deals with armament, provides that up till the time at which Germany is admitted as a member of the League

of Nations, the armaments shall not be greater than the amount fixed in Table Number 11. In other words, Germany agrees that after she has become a member of the League of Nations, the armaments fixed in the said table shall remain in force until they are modified by the Council of the League of Nations. Furthermore, she hereby agrees strictly to observe the decisions of the Council of the League on this subject. (TC-10) Article 168 reads:

“The manufacture of arms, munitions or any war material shall only be carried out in factories or works, the location of which shall be communicated to and approved by the governments of the Principal Allied and Associated Powers, and the number of which they retain the right to restrict.

*" (TC-10) Article 173, under the heading “Recruiting and Military Training", deals with one matter, the breach of which is of great importance:

“Universal compulsory military service shall be abolished in Germany. The German Army may only be reconstituted and

recruited by means of voluntary enlistment.” (TC-10) The succeeding articles deal with the method of enlistment in order to prevent a quick rush through the army of men enlisted for a short time. Article 180 provides:

"All fortified works, fortresses and field works situated in German territory to the west of a line drawn 50 kilometers to the east of the Rhine shall be disarmed and dismantled.

(TC-10) Article 181 contains naval limitations:

"After a period of two months from the coming into force
of the present Treaty the German naval forces in commis-
sion must not exceed:

Six battleships of the Deutschland or Lothringen type
Six light cruisers
Twelve destroyers

Twelve torpedo boats
or an equal number of ships constructed to replace them as
provided in Article 190.
"No submarines are to be included.
“All other warships, except where there is provision to the
contrary in the present Treaty, must be placed in reserve or

devoted to commercial purposes.” (TC-10) Article 183 limits naval personnel to fifteen thousand, including officers and men of all grades and corps.

1

Article 191 provides:

“The construction or acquisition of any submarines, even
for commercial purposes, shall be forbidden in Germany."

(TC-10)
Article 198, the first of the Air Clauses, commences:

“The armed forces of Germany must not include any mili

tary or naval air forces." (TC-10) The formal statement made at the German Air Ministry about the reinauguration of the Air Corps is reproduced in TG-44. The public proclamation of compulsory military service is contained in TC-45.

F. Treaty between the United States and Germany Restoring Friendly Relations.

The purpose of this treaty (TC-11) was to complete the official cessation of hostilities between the United States of America and Germany; it also incorporated certain parts of the Treaty of Versailles. The relevant portion is Part 5, which repeats the clauses of the Treaty of Versailles which have been discussed immediately above.

G. Treaty of Mutual Guarantee between Germany, Belgium, France, Great Britain, and Italy, done at Locarno, 16 October 1925.

Several treaties were negotiated at Locarno; they all go together and are to a certain extent mutually dependent. At Locarno, Germany negotiated five treaties: (a) the Treaty of Mutual Guarantee between Germany, Belgium, France, Great Britain, and Italy (TC-12); (b) the Arbitration Convention between Germany and France; (c) the Arbitration Convention between Germany and Belgium; (d) the Arbitration Treaty between Germany and Poland; and (e) an Arbitration Treaty between Germany and Czechoslovakia.

Article 10 of the Treaty of Mutual Guarantee (TC-12) provided that it should come into force as soon as ratifications were deposited at Geneva in the archives of the League of Nations, and as soon as Germany became a member of the League of Nations. The ratifications were deposited on 14 September 1926, and Germany became a member of the League of Nations.

The two arbitration conventions and the two arbitration treaties provided that they shall enter into force under the same conditions as the Treaty of Mutual Guarantee. (Article 21 of the arbitration conventions and Article 22 of the arbitration treaties.)

The most important of the five agreements is the Treaty of Mutual Guarantee (TC-12). One of the purposes was to establish in perpetuity the borders between Germany and Belgium, and Germany and France. It contains no provision for denunciation or withdrawal therefrom and provides that it shall remain in force until the Council of the League of Nations decides that the League of Nations ensures sufficient protection to the parties to the Treaty-an event which never happened-in which case the Treaty of Mutual Guarantee shall expire one year later.

The general scheme of the Treaty of Mutual Guarantee is that Article 1 provides that the parties guarantee three things: the border between Germany and France, the border between Germany and Belgium, and the demilitarization of the Rhineland.

Article 2 provides that Germany and France, and Germany and Belgium agree that they will not attack or invade each other, with certain inapplicable exceptions; and Article 3 provides that Germany and France, and Germany and Belgium agree to settle all disputes between them by peaceful means. (TC-12)

The first important violation of the Treaty of Mutual Guarantee appears to have been the entry of German troops into the Rhineland on 7 March 1936. The day after, France and Belgium asked the League of Nations Council to consider the question of the German reoccupation of the Rhineland and the purported repudiation of the treaty. On 12 March, after a protest from the British Secretary for Foreign Affairs, Belgium, France, Great Britain, and Italy recognized unanimously that the reoccupation was a violation of this treaty. On 14 March, the League Council duly and properly decided that reoccupation was not permissible and that the Rhineland clauses of the pact were not voidable by Germany because of the alleged violation by France in the FrancoSoviet Mutual Assistance Pact.

That is the background to the treaty. The relevant articles are 1, 2, and 3, already mentioned; 4, which provides for the bringing of violations before the Council of the League, as was done; and 5, which deals with the clauses of the Versailles Treaty already mentioned. It provides:

“The provisions of Article 3 of the present Treaty are placed
under the guarantee of the High Contracting Parties as pro-
vided by the following stipulations:
"If one of the Powers referred to in Article 3 refuses to sub-
mit a dispute to peaceful settlement or to comply with an ar-
bitral or judicial decision and commits a violation of Article
2 of the present Treaty or a breach of Article 42 or 43 of
the Treaty of Versailles, the provisions of Article 4 of the
present Treaty shall apply." (TC-12)

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