LAW

Which acts of international law support Poland's claims?

Germany's liability concerning paying reparations and compensation to Poland is established by international law. On this page, you'll find the links to the sources of law that establish Germany's liability.


Establishing liability

The 1907 Hague Convention

This law sets out the principle of liability and responsibility for signatory states that breach the provisions of the Hague Convention.

Article 1

The Contracting Powers shall issue instructions to their armed land forces which shall be in conformity with the Regulations respecting the laws and customs of war on land, annexed to the present Convention.

Article 3

A belligerent party which violates the provisions of the said Regulations shall, if the case demands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part of its armed forces.

Click here to read the 1907 Hague Convention.


The 1928 Kellogg-Briand Pact

The 1928 Pact also underlined that conflict between signatories must only be resolved by pacific means. 

Article I
 The High Contracting Parties solemly declare in the names of their respective peoples that they condemn recourse to war for the solution of international controversies, and renounce it, as an instrument of national policy in their relations with one another.

Article II
 The High Contracting Parties agree that the settlement or solution of all disputes or conflicts of whatever nature or of whatever origin they may be, which may arise among them, shall never be sought except by pacific means.

Click here to read the 1928 Kellogg-Briand Pact.

 

The 1968 Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity

The 1968 Convention establishes the principle that there is no statute of limitations on war crimes and that such crimes can be tried retrospectively, i.e. include the crimes committed during the Second World War. Further, Article 2 establishes that representatives of the State Authority and private individuals are covered by the scope of the Convention.

Article I
 No statutory limitation shall apply to the following crimes, irrespective of the date of their commission:
 (a) War crimes as they are defined in the Charter of the International Military Tribunal, Nürnberg, of 8 August 1945 and confirmed by resolutions 3 (I) of 13 February 1946 and 95 (I) of 11 December 1946 of the General Assembly of the United Nations, particularly the "grave breaches" enumerated in the Geneva Conventions of 12 August 1949 for the protection of war victims;
 (b) Crimes against humanity whether committed in time of war or in time of peace as they are defined in the Charter of the International Military Tribunal, Nürnberg, of 8 August 1945 and confirmed by resolutions 3 (I) of 13 February 1946 and 95 (I) of 11 December 1946 of the General Assembly of the United Nations, eviction by armed attack or occupation and inhuman acts resulting from the policy of apartheid, and the crime of genocide as defined in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, even if such acts do not constitute a violation of the domestic law of the country in which they were committed.

Article II
 If any of the crimes mentioned in article I is committed, the provisions of this Convention shall apply to representatives of the State authority and private individuals who, as principals or accomplices, participate in or who directly incite others to the commission of any of those crimes, or who conspire to commit them, irrespective of the degree of completion, and to representatives of the State authority who tolerate their commission.

Click here to read the 1968 Convention.


Paying reparations

The 1945 Potsdam Agreement

Section 3 of the protocol of the proceedings (III. Reparations from Germany) set out that reparations must be paid to Second World War victim states. Please note that the text is very clear in that the Postdam Agreement does not award reparations to Poland directly, only that:

Section 3, Article 2:  The U.S.S.R. undertakes to settle the reparation claims of Poland from its own share of reparations.

Click here to download the 1945 Potsdam Agreement.


The 1945 Memorandum on the Inter-Allied Reparation Agency

The Agency was established to establish the payment of post-WW2 reparations from Germany. Poland was prevented from joining the Agency by the USSR.

1. The Governments of the French Republic, the United Kingdom of Great Britain and Northern Ireland, and the United States of America propose the establishment of an Inter-Allied Reparation Agency (hereinafter referred to as the Agency) to which the countries entitled to reparations from Germany, other than the U.S.S.R. and Poland shall be invited to appoint members. It will be recollected that the share of these two countries has been otherwise dealt with.

Click here to download the Memorandum relating to the Agency.


The 1990 Two Plus Four Agreement & The 1969 Vienna Convention on the Law of Treaties 

The text of the Two Plus Four Agreement does not mention the terms "reparations" or "compensation". Further Poland was not a signatory to the Agreement despite having gained independence in 1989.

Click here to see the text of the 1990 Two Plus Four Agreement.


Because Poland was not a signatory, we must consider Article 34 of the 1969 Vienna Convention. 

Article 34: A treaty does not create either obligations or rights for a third State without its consent.

Click here to download the 1969 Vienna Convention.


As Poland was not a party to the Two Plus Four Agreement, it cannot be said that Poland consented to the Two Plus Four Agreement or be bound by it. Therefore, this indicates that the Second World War has not been resolved through a treaty between Poland and Germany.


The 2023 UN Human Rights Council (54th Session) Report on International legal standards underpinning the pillars of transitional justice

The Report set out the 5 pillars that must be considered to establish the scope of the application of the rules regarding transitional justice. These 5 pillars include: 


Concerning reparations, the Report states "[i]n the context of serious violations of human rights and humanitarian law, States must provide a readily available, prompt and effective reparation to victims for the harm suffered."

Click here to download the UN Report. 


Protecting Victims

The 1950 Convention for the Protection of Human Rights and Fundamental Freedoms

The 1950 Convention established many human rights that benefit all and should be protected.

Those protected rights include:


Victims of the Second World War must be able to protect those human rights and all others stated in the 1950 Convention.


Click here to download the 1950 Convention. 

The latest version of the 1950 Convention can be found in the European Convention on Human Rights.


1985 UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power

The declaration sets out who a victim is, the victim's right to justice and fair treatment, and issues concerning restitution, compensation, and assistance.

Click here to download the Declaration or here to visit the UN's webpage.


The 2005 Resolution on the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law

The 2005 Resolution, in Section IX. Reparation for harm suffered, sets out key principles of why reparation is important and the obligation of states to pay reparation, namely:

Compensation is also addressed:

"Compensation should be provided for any economically assessable damage, as appropriate and proportional to the gravity of the violation and the circumstances of each case, resulting from gross violations of international human rights law and serious violations of international humanitarian law, such as:
 (a) Physical or mental harm;
 (b) Lost opportunities, including employment, education and social benefits;
 (c) Material damages and loss of earnings, including loss of earning potential;
 (d) Moral damage;
 (e) Costs required for legal or expert assistance, medicine and medical services, and psychological and social services."

Click here to download the 2005 Resolution.