the moment suitable. The withdrawal of these troops has not been effected, despite the reiterated instructions of the 27th August, the 27th September and the 10th October, 1919. 3. Armistice Convention of the 11th November, 1918, clause XIV; obligation to cease at once all requisitions, seizures or coercive measures in Russian territory. The German troops have con tinued to have recourse to such measures. 4. Armistice Convention of the 11th November, 1918, clause XIX; obligation to return immediately all documents, specie, stocks, shares, paper money, together with plant for the issue thereof, affecting public or private interests in the invaded countries. The complete lists of specie and securities carried off, collected or confiscated by the Germans in the invaded countries have not been supplied. 5. Armistice Convention of the 11th November, 1918, clause XXII; obligation to surrender all German submarines. Destruction of the German submarine U. C. 48 off Ferrol by order of her German commander, and destruction in the North Sea of certain submarines proceeding to England for surrender. 6. Armistice Convention of the 11th November, 1918, clause XXIII; obligation to maintain in Allied ports the German warships designated by the Allied and Associated Powers, these ships being intended to be ultimately handed over. Clause XXXI; obligation not to destroy any ship before delivery. Destruction of the said ships at Scapa Flow on the 21st June, 1919. 7. Protocol of the 17th December, 1918, annex to the Armistice Convention of the 13th December, 1918; obligation to restore the works of art and artistic documents carried off in France and Belgium. All the works of art removed into the unoccupied parts of Germany have not been restored. 8. Armistice Convention of the 16th January, 1919, clause III, and protocol 392/1, additional clause III, of the 25th July, 1919; obligation to hand over agricultural machinery in the place of the supplementary railway material provided for in tables 1 and 2 annexed to the protocol of Spa of the 17th December, 1918. The following machines had not been delivered on the stipulated date of the 1st October, 1919: 40 "Heucke" steam plough outfits; all the cultivators for the outfits; all the spades; 1,500 shovels; 1,130 T. F. 23/26 ploughs; 1,765 T. F. 18/21 ploughs; 1,512 T. F. 23/26 ploughs; 629 T. F. o m. 20 Brabant ploughs; 1,205 T. F. o m. 26 Brabant ploughs; 4,282 harrows of 2 k. 500; 2,157 steel cultivators; 966 2 m. 50 manure distributors; 1,608 3 m. 50 manure distributors. 9. Armistice Convention of the 16th January, 1919, clause VI; obli gation to restore the industrial material carried off from French and Belgian territory. All this material has not been restored. 10. Convention of the 16th January, 1919, clause VIII; obligation to place the German merchant fleet under the control of the Allied and Associated Powers. A certain number of ships whose delivery had been demanded under this clause have not yet been handed over. 11. Protocols of the Conferences of Brussels of the 13th and 14th A certain number of the above provisions which have not been executed or have not been executed in full have been renewed by the treaty of the 28th June, 1919, whose coming into force will ipso facto render the sanctions there provided applicable. This applies particularly to the various measures to be taken on account of reparation. Further, the question of the evacuation of the Baltic provinces has been the subject of an exchange of notes and of decisions which are being carried out. The Allied and Associated Powers expressly confirming the contents of their notes, Germany by the present protocol undertakes to continue to execute them faithfully and strictly. Finally, as the Allied and Associated Powers could not allow to pass without penalty the other failures to execute the armistice conventions and violations so serious as the destruction of the German fleet at Scapa Flow, the destruction of U. C. 48 off Ferrol and the destruction in the North Sea of certain submarines on their way to England for surrender, Germany undertakes 1.-A. To hand over as reparation for the destruction of the German fleet at Scapa Flow: (a) Within sixty days from the date of the signature of the present protocol and in the conditions laid down in the second paragraph of Article 185 of the Treaty of Peace the five following light cruisers: Königsberg, Pillau, Graudenz, Regensburg, Strassburg. (b) Within ninety days from the date of the signature of the present protocol, and in good condition and ready for service in every respect, such a number of floating docks, floating cranes, tugs and dredgers, equivalent to a total displacement of 400,000 tons, as the Principal Allied and Associated Powers may require. As regards the docks, the lifting power will be considered as the displacement. In the number of docks referred to above there will be about 75 per cent. of docks over 10,000 tons. The whole of this material will be handed over on the spot. B. To deliver within ten days from the signature of the present protocol a complete list of all floating docks, floating cranes, tugs and dredgers which are German property. This list, which will be delivered to the Naval Inter-Allied Commission of Control referred to in Article 209 of the Treaty of Peace, will specify the material which on the 11th November, 1918, belonged to the German Government or in which the German Government had at that date an important interest. C. The officers and men who formed the crews of the warships sunk at Scapa Flow and who are at present detained by the Principal Allied and Associated Powers will, with the exception of those whose surrender is provided for by Article 228 of the Treaty of Peace, be repatriated at latest when Germany has carried out the provisions of paragraphs A and B above. D. The destroyer B. 98 will be considered as one of the forty-two destroyers whose delivery is provided for by Article 185 of the Treaty of Peace. 2. To hand over within ten days from the signature of the present protocol the engines and motors of the submarines U. 137 and U. 138 as compensation for the destruction of U. C. 48. 3. To pay to the Allied and Associated Governments before the 31st January, 1920, the value of the aeronautical material exported, in accordance with the decision which will be given and the valuation which will be made and notified by the Aeronautical Inter-Allied Commission of Control referred to in Article 210 of the Treaty of Peace. In the event of Germany not fulfilling these obligations within the periods laid down above, the Allied and Associated Powers reserve the right to take all military or other measures of coercion which they may consider appropriate. Done at Paris, the 10th day of January, 1920, at 4 P.M. V. SIMSON, FREIHERR VON LERSNER. ALLIED NOTE TO PRESIDENT OF GERMAN DELEGATION RESPECTING WAR Sir, CRIMINALS 1 Paris, May 7, 1920 When transmitting to the German Government the appended list,2 drawn up in order to put into execution the decisions taken by the Supreme Allied Council in London, the Allied Powers consider it necessary, while confirming the reply made to the German observations relating to the surrender of guilty persons, to add the following communication, which is intended to determine the exact state of the question. 1 British Parliamentary Papers, 1921 (Cmd. 1325), p. 110. ? Omitted. In the reply made by the Supreme Allied Council to the observations submitted by the German Government, the Allied Powers, while expressly reserving the right to make use of the rights given them by the treaty in any way which they shall consider suitable, noted in the first place that Germany stated her inability to execute the obligations imposed upon her by the treaty which she has signed. They also noted the statement made by the German Government that it is prepared at once to institute penal proceedings before the Supreme Court at Leipzig, secured by most complete guarantees and distinct from the application of all previous judgments, proceedings or decisions by German civil and military tribunals, against all Germans whose surrender the Allied Powers intend to demand. After noting that this offer made by the German Government was compatible with the execution of Article 228 of the Treaty of Peace, which formally provides for this possibility, the Allied Powers, faithful to the letter and spirit of the said treaty, decided that, without interfering in the proceedings, prosecution and sentence, so as to leave the German Government fully and entirely responsible, they would leave it to the latter to prosecute and pronounce sentence; the Allies would then see by the result of these prosecutions whether the German Government is sincerely resolved to render good and faithful justice. Should it be proved that the real object of the procedure proposed by Germany is to screen guilty persons from the just punishment of their crimes, the Allied Powers have in that case most expressly reserved their right to lay the matter before their courts. The work of the Inter-Allied Mixed Commission, which has been instructed to collect, publish and communicate to Germany details of the accusations made against each of the responsible persons is consequently based on these decisions. In its turn, it has decided to compile a preliminary list, to include a very restricted number of accused persons, whose names, however, appear in the lists previously compiled and which have been handed over to Germany. This list, which includes forty-five names, has been compiled with the greatest care by the Allies, whose representatives on the mixed commission unanimously adopted the method which has just been explained. The Allied Powers point out to the German Government that, owing to the urgent need for the settlement of this question and the execution of the obligations recorded in the Treaty of Peace signed by Germany, no fresh delay should occur and the German Government should take every care to ensure the speedy progress of the preliminary proceedings, in order to pronounce judgment on the accused persons as soon as possible. The German Government must give the most formal assurances with every guarantee, both from the point of view of the personal safety of the witnesses and the consideration due to them should they enter Germany in order to give evidence, and from the point of view of the absolute freedom which they must enjoy now and in the future as regards their statements of any kind whatsoever; but it is understood that no witness from one of the Allied Powers can be forced to give evidence before the court at Leipzig. The Allied Powers declare their readiness to execute commissions to examine witnesses which might be entrusted to them by the German judicial authorities in order to collect statements by witnesses in their place of residence, as is the usual procedure in normal relations between states. Should the witnesses who are their nationals proceed to Germany in order to give evidence, the Allied Powers reserve the right to have one or more delegates to be appointed by them present at the hearing of the former, as they also reserve the right to have delegates of the Allied Powers present at the discussions of the court at Leipzig. Finally, the Allied Powers formally renew their express reservations concerning the exercise of their right in its entirety as defined in Articles 228 and 229 of the Treaty of Versailles, should they consider, from the result of the proceedings and sentences about to be instituted in Germany, that the only result of the offer made by the German Government is to attempt to screen guilty persons from the just and necessary punishment of crimes proved against them. AGREEMENT BETWEEN THE ALLIES FOR THE SETTLEMENT OF CERTAIN QUESTIONS AS TO THE APPLICATION OF TRHE TEATIES OF PEACE AND COMPLEMENTARY AGREEMENTS WITH GERMANY, AUSTRIA, HUNGARY, AND BULGARIA 1 Signed at Spa, July 16, 1920 The Governments of Belgium, France, Great Britain, Italy, Japan and Portugal respectively represented by the undersigned, recognizing that it is in the general interest to effect an immediate settlement between themselves of certain problems arising from the application of the treaties of peace and the complementary agreements, have agreed upon the following: PART I In pursuance of Article 237 of the Treaty of Versailles, sums received from Germany under the head of reparation shall be divided in the following proportions: Per cent. |