expert opinion on reparation claims

4.1 Enemy state clauses

Charter of the United Nations

 

Article 53

1. The Security Council shall, where appropriate, utilize such regional arrangements or agencies for enforcement action under its authority. But no enforcement action shall be taken under regional arrangements or by regional agencies without the authorization of the Security Council, with the exception of measures against any enemy state, as defined in paragraph 2 of this Article, provided for pursuant to Article 107 or in regional arrangements directed against renewal of aggressive policy on the part of any such state, until such time as the Organization may, on request of the Governments concerned, be charged with the responsibility for preventing further aggression by such a state.

2. The term enemy state as used in paragraph 1 of the Article applies to any state which during the Second World War has been an enemy of any signatory of the present Charter.

 

 

Article 107

Nothing in the present Charter shall invalidate or preclude action, in relation to any state which during the Second World War has been an enemy of any signatory to the present Charter, taken or authorized as a result of that war by the Governments having responsibility for such action.

 

 

The United Kingdom of Great Britain and Northern Ireland has already declared that it will take over the executive branch in the Free City of Danzig and thus act on its behalf because of a change in the law.

 

This deputy function naturally occurs even more in the event of war.

 

With the contractual agreement in accordance with Article 102 and Article 103 of the Peace Treaty of Versailles, the sovereign state of Free City of Danzig effectively placed itself under the occupation of the League of Nations. If a state attacks an occupied territory, this war is directed against the occupier. The occupier is responsible for the occupied and acts on behalf of these.

 

The United Nations is the legal successor of the League of Nations - see the takeover of real estate, the Mandates of the League of Nations and Article 37 of the Statutes of the International Court of Justice in The Hague.

Although the League of Nations has committed itself to the protection of the Free City of Danzig, it could not be prevented that the unarmed Free City of Danzig suffered the greatest losses of all states in %.

The Four Allies took over the administration of the German Reich on behalf of the United Nations. The nationals of the extinct German Reich have been granted capacity to be a party to legal proceedings  under the condition by the declaration of self-commitment of the Basic Law.

With the express criminal prosecution of the nationals of the Free City of Danzig on account of this nationality, the nationals of the extinct German Reich resumed combat operations in the sense of the Hague IV. Convention against the Free City of Danzig and thereby put into force the Enemy State Clauses and thus lost their capacity to be a party to legal proceedings.

 

The only way to avert the victory of the German Reich after all is to pay reparations/damages to the Free City of Danzig so that its right can be reasserted and thus form the guarantee for a constitutional Germany and thus Europe.

 

 

Beowulf von Prince

 

 

 

 

 

Attachments 1 Arrest Warrant of the Coburg Regional Court from Sept.19, 2013, Case Number: 1 KLs 123 Js 3979/11

 

 

 

Download
First and last page of the arrest warrant
2b-Translation Arrest warrant 19.9.2013
Adobe Acrobat Dokument 42.8 KB

Continue to Appendix Law Collection 

Back to 4. Conclusion 

© 2018 Beowulf von Prince Use only with naming the author. Any change of the work or its parts is prohibited.