German Denunciation of the Treaty of Locarno

Maksim Litvinov, Statement regarding the German Denunciation of the Treaty of Locarno, in the Council of the League of Nations. March 17, 1936

 

Excerpts

This is the third time, in the short period of eighteen months during which the Soviet Union has been a Member of the League of Nations, that its representative on the Council of the League has had to speak on the subject of a breach of international obligations.

The first time was in connection with the infringement by Germany of the military clauses of the Versailles Treaty. The second time was on the occasion of the Italian-Abyssinian conflict. The third, to-day, is in consequence of the unilateral infringement by Germany of both the Versailles Treaty and the Locarno Pact.

In all three cases the Soviet Union was either formally disinterested because it took no part in the treaties which had been infringed, as in the case of those of Versailles and Locarno, or, as in the case of the Italian-Abyssinian conflict, its own interests were not in the least affected.

These circumstances have not ill the past prevented, and will not in the present case prevent, the representative of the Soviet Union from taking his place among those members of the Council who register in the most decisive manner their indignation at a breach of international obligations, condemn it, and support the most effective measures to avert similar infringements in the future.

This attitude of the Soviet Union is predetermined by its general policy of struggling for peace, for the collective organization of security and for the maintenance of one of the instruments of peace-the existing League of Nations. We consider that one cannot struggle for peace without at the same time defending the integrity of international obligations, particularly such as have direct bearing on the maintenance of existing frontiers, on armaments and on political or military aggression. One cannot struggle for the collective organization of security without adopting collective measures against breaches of international obligations.

We do not, however, class among such measures collective capitulation in face of the aggressor, in face of an infringement of treaties or collective encouragement of such infringements, and still less collective agreement to a bonus for the aggressor by adopting a basis of agreement, or other plans, acceptable or profitable to the aggressor.

We cannot preserve the League of Nations, founded on the sanctity of international treaties (including the Covenant of the League itself), if we turn a blind eye to breaches of those treaties, or confine ourselves to verbal protests, and take no more effective measures in defense of international undertakings.

We cannot preserve the League of Nations if it does not carry out its own decisions and pledges, but, on the contrary, accustoms the aggressor to ignore its recommendations, its admonitions or its warnings.

Such a League of Nations will never be taken seriously by anyone. The resolutions of such a League will only become a laughing-stock. Such a League is not required, and I will go further and say that such a League may even be harmful, because it may lull the vigilance of the nations and give rise to illusions among them which will prevent them from themselves adopting the necessary measures of self-defense in good time.

The responsibility of the League of Nations and of its directing body, the Council, is all the greater the more simple is the breach of international obligations under discussion. The characteristic feature of all the three cases I have just mentioned is their simplicity-simplicity in the sense that the establishment of the very fact of a breach of international obligations represented no difficulty and could arouse no disputes and differences. When I speak of the absence of disputes and differences, I do not, of course, have in mind the particular State which is accused of breaking treaties. Such a State will naturally always either deny the breach or, at any rate, invent all kinds of arguments to justify its action. One cannot conceive of a case in which such a State would openly declare that it has no justification and that it alone is to blame, and no one else.

The question under discussion at the present session of the Council even surpasses the preceding cases by its simplicity, in the sense I have indicated. Here we find, not only a substantial infringement of treaties, but the ignoring of a particular clause in a treaty, providing a method of settling disputes which may arise in the event of an alleged or actual infringement of the treaty.

Before drawing final conclusions as to the German Government’s actions, I think only just to take into account all that has been said by Mr. Hitler in justification of these actions, or in deprecation of their significance.

The German Government asserts that France was the first to break the Locarno Treaty in the spirit and the letter, by concluding a Pact of Mutual Assistance with the Soviet Union. It applied for an explanation to the other Locarno Powers-namely, Great Britain and Italy. One must imagine that, if these Powers had agreed with the German thesis that the Franco-Soviet Pact is incompatible with the Locarno Treaty, Germany would have utilized their conclusions to the utmost. But, as these powers came to a different conclusion, Germany peremptorily declares that France, Great Britain, Belgium and Italy- i.e., the other Locarno Powers-are interpreting the Locarno Treaty incorrectly, and that the only correct interpretation is her own. Without doubt this is an extremely convenient method of resolving disputed international questions-when a country, convinced of the injustice of its case, confers upon itself, first the functions of a judge in its own cause, and then those of sheriff’s officer.

That the German assertion of the incompatibility of the Franco-Soviet Pact and the Locarno Treaty will not hold water follows with absolute clarity from the entirely defensive character of the Pact. The whole world knows that neither the Soviet Union nor France has any claims to German territory, and that they are not striving to change the frontiers of Germany. If Germany undertakes no aggression against either France or the Soviet Union, the Pact will not begin to operate. But if the Soviet Union becomes the victim of an attack by Germany, the Locarno Treaty gives France, as any other Member of the League, the unquestionable right to come to the assistance of the Soviet Union. In this event, an unmistakable definition of the aggressor is facilitated by the absence of a common frontier between Germany and the Soviet Union. If the German armed forces cross the boundaries of their own country, and pass through the States and the seas dividing the two countries in order to invade the territory of the Soviet Union, the German aggression will be quite apparent, and vice versa.

I know that there are people who really do see a particular expression of Germany’s love for peace in the offer to France and Belgium of a pact of non-aggression for twenty-five years, to be guaranteed by Great Britain and Italy. These people forget that the Locarno Treaty which Germany has just torn up represented just such a pact of non-aggression, with the same guarantees, and its validity was not for twenty-five years, but for an indefinite period. The other difference was that the Locarno Treaty included supplementary guarantees for France and Belgium, in the shape of a demilitarized zone in the Rhineland. Thus the alleged new proposal made by Germany amounts to the maintenance of that same Locarno Treaty, but with a reduction in its period of validity, and with a diminution of the guarantees for Belgium and France which they enjoyed in virtue of the old Locarno Treaty. But these limited guarantees which Mr. Hitler is now proposing might be offered to France and Belgium by the guarantors of Locarno, if they so desire, even without Germany’s consent and participation. Thus, Mr. Hitler’s proposal amounts to this: that while depriving France and Belgium of certain guarantees with which they were provided by the Locarno Treaty, he wants to retain for Germany all the benefits of that treaty in their totality.

But Mr. Hitler’s “love of Peace” does not stop at this. He is ready to sign pacts of non-aggression, not only with France and Belgium, but with his others, without anybody else’s guarantee. The Soviet Union has itself signed Pacts or non-aggression with all its neighbors (excepting Japan, which rejects such a pact up to this day). But the Soviet Union has always attached great importance to the point that these pacts should not facilitate aggression against third parties. We therefore always included in these pacts a special clause, freeing either of the contracting parties from any obligations under the Pact if the other Party commits an act of aggression against a third State. Such a clause, however, will be absent from the pacts proposed by Mr. Hitler, according to the model which he has indicated. A without such a clause, the proposed system of pacts reduces itself to the principle of localization of war which is preached by Mr. Hitler. Every State which has signed such a pact with Germany is immobilized by her in the event of Germany attacking a third State.

This proposal of Mr. Hitler’s gives me the impression that we are faced with a new attempt to divide Europe into two or more parts, with the object of guaranteeing non-aggression for one part of Europe in order to acquire a free hand for dealing with other parts. As I have already had to point out at Geneva, such a system of pacts only increase the security of the aggressor and not the security of peace-loving nations.

Presuming, however, that the “peace-loving proposals I have enumerated will not be reckoned sufficient compensation for a breach of international laws, Germany expresses her readiness to return to the League of Nations. In common with other Members of the League, we sincerely regret the incompleteness of the League, and the absence from it of some great countries, particularly Germany. We shall welcome the return into its midst of Hitler’s Germany as well, if and when we are convinced that she has recognized those fundamental principles on which the League rests, and without which it would not only cease to be an instrument of’ peace, but eventually might be transformed into its opposite. Among these principles, in the first place, are the observance of international treaties, respect for the inviolability of existing frontiers, recognition of the equality of all Members of the League, support of the collective organization of security and renunciation of the settlement of international disputes by the sword.

Before concluding, let me express the hope that I shall not be misunderstood, and that the conclusion will not be drawn from what I have said that the Soviet Union is proposing only registration, condemnation, severe measures and nothing else; that it declares itself against negotiations and a peaceful settlement of the serious dispute which has arisen. Such a conclusion would present a completely false picture of our conception. We are not less, but, on the contrary, more, interested than others in the maintenance of peace, both to-day and for decades to come, and not only in one area of Europe, but throughout the whole of Europe and all over the world. We are resolutely against anything that might bring a war nearer by even a single month. But we are also against hasty decisions, dictated rather by excessive fear and other emotions than by a sober reckoning of realities-decisions which, while represented as eliminating the causes of an imaginary war to-day, create all the premises for an actual war to-morrow. We stand for an international agreement which would not only consolidate the existing foundations of peace, bill, if possible, would likewise create new foundation. We stand for the participation in such an agreement of all the countries which so desire. But we object to the idea that withdrawal from the League of Nations, brutal infringement of international treaties and saber-rattling should confer upon a State the privilege of dictating to the whole of Europe its conditions for negotiations, of selecting the participants in those negotiations to suit its convenience, and of imposing its own scheme for an agreement. We are against negotiations proceeding on a basis which disorganizes the ranks of the sincere partisans of peace and which must inevitably lead to the destruction of the only inter-State political the-the League of Nations. We are of the opinion that the sincere partisans of peace are no less entitled than the breakers of treaties to propose their scheme for the organization of European peace. We are for the creation of security for all the nations of Europe, and against a half-peace which is not peace at all but war.

But, at whatever new international agreements we might desire to arrive, we must first of all ensure their loyal fulfillment by all those who participate in them, and the Council of the League must declare its attitude towards unilateral infringements of such agreements, and how it intends and is able to react against them. From this standpoint the greatest possible satisfaction of the complaint made by the French and Belgian Governments becomes of exceptional importance. Taking cognizance of this, I declare in the name of my Government its readiness to take part in all measures which may be proposed to the Council of the League by the Locarno Powers and will be acceptable to the other Members of the Council.

Source: League of Nations, Official Journal (April 1936), p. 319.

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