2017 SEJM LEGAL OPINION

The 2017 Sejm Legal Opinion

On 11 October 2017, an "Expert opinion of the Sejm Bureau of Research on compensation claims against Germany for losses caused during World War II" was published.

The legal opinion, prepared upon the request of MP Arkadiusz Mularczyk, analysed the possibility of Poland seeking compensation from Germany for losses caused by World War II.

The subject matter of the opinion is the legal issue of the possibility of the Republic of Poland seeking compensation from Germany for material damage and human losses caused by the German aggression during World War II, in particular the issue of whether other countries sought compensation from Germany for material damage and human losses.

Main findings of the 2017 Legal Opinion

Below, you'll find the main thesis or executive summary of the legal opinion. Emphasis has been added.

I. Theses of the opinion

1. During World War II, Poland suffered the greatest material damage and human losses of all European countries in relation to the total population and national wealth. These losses resulted not only from military activities, but above all from the German occupation policy, in particular intentional and organised extermination of the population living in the occupied territories of Poland, as well as intense exploitation of the Polish society, including forced labour and intentional destruction of property, among others demolition of Warsaw, the capital of Poland.   

2. Therefore, it is reasonable to argue that the Republic of Poland is entitled to seek compensation from the Federal Republic of Germany and the allegation that these compensation claims had expired or had been barred by the statute of limitations is unfounded.   

3. Taking into account the content of inter alia the fourth Hague Convention of 1907, agreements of the Potsdam Conference and German actions towards other countries affected by World War II, consisting in conclusion of agreements and payment of compensation, the German state should compensate the damage incurred by the Polish state connected with the World War II period.   

4. According to post-war estimates, losses and material damage to state and private property caused by Germany in connection with World War II amounted to over 258 billion pre-war zlotys. When converted into dollars, it amounted to approximately USD 48.8 billion, using the exchange rate for August 1939, when 1 dollar equalled 5.3 zlotys. Losses in tangible assets were estimated at 62 billion pre-war zlotys – 3.5 times the value of the Polish state’s losses from the World War I period (17.8 billion pre-war zlotys).   

5. The total biological losses of the Polish society amounted to over 6 million people. In 1946, the number of alive Polish citizens who had suffered damage resulting from crimes and terror of the Third Reich equalled 10 million 84 thousand 585 people.  

6. Despite having suffered the greatest losses and destruction during the war beside the USSR, Poland and Polish citizens received cash payments from Germany whose value was not only disproportionate to the damage suffered, but also significantly lower than compensation paid by the FRG to other countries and their citizens. The FRG allocated approximately 600 million German marks for the benefit of Polish citizens, taking into account payments for victims of pseudo-medical experiments and for the Foundation "Polish-German Reconciliation”. This amount is not even 1% of the amount that the German government allocated after World War II to payment of compensation for citizens of Western Europe, United States, and Israel.   

7. Pursuant to Article 3 of the fourth Hague Convention of 1907 concerning the laws and customs of war on land, which was signed also by Germany, a belligerent party shall be responsible for all acts committed by persons forming part of its armed forces. To this day, this obligation has not been fulfilled by Germany in respect of Poland.  

8. Following the Potsdam Conference, it was decided that Germany will “be compelled to compensate to the greatest possible extent for the loss and suffering that she has caused to the United Nations and for which the German people cannot escape responsibility”. This provision has not been implemented to this day in respect of Poland. After the Potsdam Conference, the Paris Peace Treaties were signed in 1946. It concerned reparations for the countries of Western and Eastern Europe, Asia and Africa, but it did not include the Polish state.  

9. Apart from imposing obligation on the USSR to settle Polish claims from its own share of reparations, the Report on the Potsdam Conference does not include any provision pursuant to which Poland would be entitled to any other direct payments from Germany. 

10. In Memorandum of the Polish government submitted during a conference of deputy ministers of foreign affairs in London in January 1947, it was expressly stated: “pursuant to the Potsdam Agreement stating that Germany will be compelled to compensate to the greatest possible extent for the loss and suffering that she has caused to the United Nations – Poland reserves the right to submit further specific requests in that respect“. 

11.  After World War I, on 31 October 1929 Poland and Germany signed the so-called liquidation agreement, governing the issue of financial and property claims connected with the war and the Treaty of Versailles. The agreement was published in the Polish Journal of Laws. No such agreement has been concluded between Poland and Germany after World War II. However, the Federal Republic of Germany signed separate agreements with other countries concerning compensation – primarily the Bonn convention and bilateral agreements with 12 European countries in 1959-1964 on individual compensation for citizens of these states. 

12. The unilateral statement of the Council of Ministers of 23 August 1953 on the Polish People's Republic waiving its right to war reparations violated the then applicable Constitution of 22 July 1952, since matters connected with ratification and termination of international agreements lay within the competences of the Council of State, and not of the Council of Ministers. This statement was not submitted on the initiative of the Polish government, but on the request and as a result of pressure from the USSR. Moreover, in line with the minutes of the Council of Ministers of 19 August 1953, the waiver concerned only the German Democratic Republic. 

13. The Polish People's Republic (PRL) took many attempts to regulate the issue of German compensation after World War II. This happened, among other things, during the 21st and 22nd session of the United Nations Commission on Human Rights and was connected with the speech of a Polish delegate who said: “Polish citizens have not received compensation to this date due to discriminatory legislation of the FRG, and the FRG does not feel obliged to repay this tragic debt to the Polish nation“. For many years, the bipolar political division of the world made it impossible to settle the issue of compensation, which was connected with the existence of two German states and the FRG policy. 

14. As A. Klafkowski stated: “International law does not recognise applicability of statutory limitations to war crimes and crimes against humanity. It also states that there is no statute of limitations for compensation for such crimes”. 

15. In the Treaty on the Final Settlement with Respect to Germany, or the Two-Plus-Four-Treaty, signed on 12 September 1990, the issue of war reparations was not covered at all, only the problem of a general closure of World War II was handled. Moreover, Poland was not a party to that treaty. 

16. Pursuant to the agreement of 16 October 1991 between Polish and German governments, the Foundation "Polish-German Reconciliation” was established. In total, from 1992 till mid 2004 the Foundation paid 731,843,600 zlotys to 1,060,689 persons, which amounted to 689.97 zlotys per person. 

17. The failure to settle the issue of compensation claims for damage suffered during World War II for more than 60 years has led to the vast majority of 10 million 84 thousand 585 victims of crimes and terror of the Third Reich dying without having received any compensation.

18. The content of applicable international legal acts and post-war reparations practice, including discriminatory policy of the FRG towards Poland and Polish citizens in comparison with other countries which suffered smaller material damage and human losses, yet received significantly higher compensation, justifies Poland seeking compensation from Germany for damage suffered during World War II.

Download the 2017 Legal Opinion

The opinion is available in three languages.

• The link to the Sejm for the English version. You can download the pdf directly by clicking here.

• The link to the Sejm for the Polish version. You can download the pdf directly by clicking here.

• The link to the Sejm for the German version. You can download the pdf directly by clicking here.

The original press release published by the Sejm can be found by clicking here.