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Archive for November, 2008

Franco-German Declaration : December 6, 1938

M. Georges Bonnet, Minister for Foreign Affairs of the French Republic and M. Joachim Von Ribbentrop, Minister for Foreign Affairs of the German Reich,

ACTING in the name and by order of their respective Governments, have agreed on the following points at their meeting in Paris on December 6, 1938:

(1) The French Government and the German Government fully share the conviction that pacific and neighbourly relations between France and Germany constitute one of the essential elements of the consolidation of the situation in Europe and of the preservation of general peace. Consequently both Governments will endeavour with all their might to assure the development of the relations between their countries in this direction.

(2) Both Governments agree that no question of a territorial nature remains in suspense between their countries and solemnly recognize as permanent the frontier between their countries as it is actually drawn.

(3) Both Governments are resolved, without prejudice to their special relations with third Powers, to remain in contact on all questions of importance to both their countries and to have recourse to mutual consultation in case any complications arising out of these questions should threaten to lead to international difficulties.

In witness whereof the Representatives of the two Government have signed the present Declaration, which comes into force immediately.

Executed in duplicate in the French and German languages at Paris, on December 6, 1938.

Signed: Georges Bonnet,

Joachim Von Ribbentrop.

Source: The French Yellow Book

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Forum of adoption: Diplomatic Conference

In force: no

Entry into force:  14.09.1937

During the Spanish Civil War, nine Powers agreed to take collective measures to suppress attacks by submarines against merchant vessels. The Agreement refers in the preamble to the provisions of the London Treaty of 1930 and the procès-verbal of 1936 concerning submarine warfare. In the Supplementary Agreement of 17 September 1937 the same Powers made the principles of the first Agreement applicable to attacks by surface vessels and aircraft.

 

Meetings of forum; 09.09.1937 – 14.09.1937, Nyon

Date of adoption: 14.09.1937

Depositary UNO

Number of articles: 9

Authentic textEnglish; French

Source D.Schindler and J.Toman, The Laws of Armed Conflicts, Martinus Nihjoff Publisher, 1988, pp.887-889.

Ratification  a treaty is generally open for signature for a certain time following the conference which has adopted it. However, a signature is not binding on a State unless it has been endorsed by ratification. The time limits having elapsed, the Conventions and the Protocols are no longer open for signature. The States which have not signed them may at any time accede or, in the appropriate circumstances, succeed to them.

Accession : instead of signing and then ratifying a treaty, a State may become party to it by the single act called accession.

Reservation / Declaration : unilateral statement, however phrased or named, made by a State when ratifying, acceding or succeeding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State (provided that such reservations are not incompatible with the object and purpose of the treaty).

 

Preamble

Whereas arising out of the Spanish conflict attacks have been repeatedly committed in the Mediterranean by submarines against merchant ships not belonging to either of the conflicting Spanish parties; and

Whereas these attacks are violations of the rules of international law referred to in Part IV of the Treaty of London of 22 April 1930, with regard to the sinking of merchant ships and constitute acts contrary to the most elementary dictates of humanity, which should be justly treated as acts of piracy; and

Whereas without in any wily admitting the right of either party to the conflict in Spain to exercise belligerent rights or to interfere with merchant ships on the high seas even if the laws of warfare at sea are observed and without prejudice to the right of any participating Power to take such action as may be proper to protect its merchant shipping from any kind of interference on the high seas or to the possibility of further collective measures being agreed upon subsequently, it is necessary in the first place to agree upon certain special collective measures against piratical acts by submarines:

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May 1, 1945

Federal Communications Commission

ANNOUNCER: The German wireless broadcasts serious, important news for the German people.

(Three rolls of the drums are heard.)

ANNOUNCER: It is reported from Der Fuehrer’s headquarters that our Fuehrer Adolf Hitler, fighting to the last breath against Bolshevism, fell for Germany this afternoon in his operational headquarters in the Reich Chancellery.

On April 30 Der Fuehrer appointed Grand Admiral Doenitz his successor. The grand admiral and successor of Der Fuehrer now speaks to the German people.

DOENITZ: German men and women, soldiers of the armed forces: Our Fuehrer, Adolf Hitler, has fallen. In the deepest sorrow and respect the German people bow.

At an early date he had recognized the frightful danger of Bolshevism and dedicated his existence to this struggle. At the end of his struggle, of his unswerving straight road of life, stands his hero’s death in the capital of the German Reich. His life has been one single service for Germany. His activity in the fight against the Bolshevik storm flood concerned not only Europe but the entire civilized world.

Der Fuehrer has appointed me to be his successor.

Fully conscious of the responsibility, I take over the leadership of the German people at this fateful hour.

It is my first task to save Germany from destruction by the advancing Bolshevist enemy. For this aim alone the military struggle continues. As far and for so long as achievement of this aim is impeded by the British and the Americans, we shall be forced to carry on our defensive fight against them as well. Under such conditions, however, the Anglo-Americans will continue the war not for their own peoples but solely for the spreading of Bolshevism in Europe.

What the German people have achieved in battle and borne in the homeland during the struggle of this war is unique in history. In the coming time of need and crisis of our people I shall endeavor to establish tolerable conditions of living for our women, men and children so far as this lies in my power.

For all this I need your help. Give me your confidence because your road is mine as well. Maintain order and discipline in town and country. Let everybody do his duty at his own post. Only thus shall we mitigate the sufferings that the coming time will bring to each of us; only thus shall we be able to prevent a collapse. If we do all that is in our power, God will not forsake us after so much suffering and sacrifice.

(National anthems.)

Source: ibiblio.org

See also: Karl Doenitz – Broadcast Informing The German People of Their Unconditional Surrender

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Text of German-Polish Agreement of January 26, 1934.

The German Government and the Polish Government consider that the time has come to introduce a new phase in the political relations between Germany and Poland by a direct understanding between State and State. They have, therefore, decided to lay down the principles for the future development of these relations in the present declaration.

The two Governments base their action on the fact that the maintenance and guarantee of a lasting peace between their countries is an essential pre-condition for the general peace of Europe.

They have therefore decided to base their mutual relations on the principles laid down in the Pact of Paris of the 17th August, 1928, and propose to define more exactly the application of these principles in so far as the relations between Germany and Poland are concerned.

Each of the two Governments, therefore, lays it down that the international obligations undertaken by it towards a third party do not hinder the peaceful development of their mutual relations, do not conflict with the present declaration, and are not affected by this declaration. They establish, moreover, that this declaration does not extend to those questions which under international law are to be regarded exclusively as the internal concern of one of the two States.

Both Governments announce their intention to settle directly all questions of whatever sort which concern their mutual relations.

Should any disputes arise between them and agreement thereon not be reached by direct negotiation, they will in each particular case, on the basis of mutual agreement, seek a solution by other peaceful means, without prejudice to the possibility of applying, if necessary, those methods of procedure in which provision is made for such cases in other agreements in force between them. In no circumstances, however, will they proceed to the application of force for the purpose of reaching a decision in such disputes.

The guarantee of peace created by these principles will facilitate the great task of both Governments of finding a solution for problems of political, economic and social kinds, based on a just and fair adjustment of the interests of both parties.

Both Governments are convinced that the relations between their countries will in this manner develop fruitfully, and will lead to the establishment of a neighbourly relationship which will contribute to the well-being not only of both their countries, but of the other peoples of Europe as well.

The present declaration shall be ratified, and the instruments of ratification shall be exchanged in Warsaw as soon as possible.

The declaration is valid for a period of ten years, reckoned from the day of the exchange of the instruments of ratification.

If the declaration is not denounced by one of the two Governments six months before the expiration of this period, it will continue in force, but can then be denounced by either Government at any time on notice of six months being given. Made in duplicate in the German and Polish languages.

Berlin, January 26, 1934.
For the German Government:
FREIHERR VON NEURATH.
For the Polish Government
JOSEF LIPSKI.

Source: The British War Bluebook

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