[Congressional Record Volume 149, Number 26 (Wednesday, February 12, 2003)]
[Extensions of Remarks]
[Page E188]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 ``LIBERATION'' OF FRANCE IN VIOLATION OF COVENANT OF LEAGUE OF NATIONS

                                 ______
                                 

                           HON. HENRY J. HYDE

                              of illinois

                    in the house of representatives

                       Tuesday, February 11, 2003

  Mr. HYDE. Mr. Speaker, among the many letters I have received on the 
subject of Iraq, one of the most provocative is the following, signed 
``Publius Secundus.''

       Dear Congressman Hyde: I am not an international lawyer, 
     but as part of an effort to be helpful, I must note that I 
     have come across disturbing and, I believe, persuasive 
     evidence that D-Day and the subsequent ``liberation'' of 
     France were in direct violation of the solemn obligations 
     undertaken by Great Britain and France under the Covenant of 
     the League of Nations. As Article 11 states: ``Any war, 
     whether immediately affecting any of the Members of the 
     League or not, is hereby declared a matter of concern to the 
     whole League, and the League shall take any action that may 
     be deemed wise and effectual to safeguard the peace of 
     nations.''
       Whether one regards this easily avoided conflict as a 
     dispute (1) between one League member, Britain, and another, 
     France (then represented by the government of so-called 
     ``Vichy'' France, which is believed to have never withdrawn 
     from the League), or (2) between one League member and a non-
     member state (the United States vs. France, Britain vs. 
     Germany), the League Covenant makes clear the course of 
     action to be taken, in letter and certainly in spirit.
       Under the first scenario, the conflict must be submitted to 
     the League Council under Articles 12-16. The waiting period 
     of at least three months after the award by the arbitrators, 
     sadly, was not honored.
       As for the second scenario, as addressed in Article 17, 1 
     do not recall Germany--an ex-member since 1933--being invited 
     to accept the obligations of League membership, and certainly 
     the leading role of the Council was never respected. In fact, 
     I am forced to conclude that the Council was bypassed 
     altogether. Certainly, no vote of the Council authorizing the 
     attack was ever recorded.
       I believe we can all agree that Chancellor Hitler was a 
     brutal dictator whose replacement should be welcomed by all 
     civilized people, but we must also admit that he was never 
     given an opportunity to disarm.
       Certainly no League Commission was ever allowed to perform 
     its tasks, as set forth in the Covenant. I need hardly remind 
     anyone that Britain's declaration of war against Germany in 
     1939--Germany had made no attack upon Britain--violated 
     virtually all of the Articles of the League Covenant.
       I find all of this very troubling.
       I believe we have no option but to judge the June 6, 1944 
     Allied attack--jointly planned and conducted by the U.S. and 
     Britain in a deliberate effort to impose their will by force 
     on other countries without authorization by the League--upon 
     Germany/France as an avoidable or easily postponed act of 
     aggression that demonstrates a complete disregard for 
     international law and the obligations of membership in the 
     League. The international community cannot allow this 
     violation to stand.
           Sincerely,
                                                 Publius Secundus.
       For your convenience, I have attached the relevant sections 
     of the Covenant. (The entire document can be obtained at 
     http://www.yale.edu/lawweb/avalon/leagcov.htm).

                 The Covenant of the League of Nations


                               ARTICLE 5

       Except where otherwise expressly provided in this Covenant 
     or by the terms of the present Treaty, decisions at any 
     meeting of the Assembly or of the Council shall require the 
     agreement of all the Members of the League represented at the 
     meeting . . .


                               ARTICLE 11

       Any war or threat of war, whether immediately affecting any 
     of the Members of the League or not, is hereby declared a 
     matter of concern to the whole League, and the League shall 
     take any action that may be deemed wise and effectual to 
     safeguard the peace of nations. In case any such emergency 
     should arise the Secretary General shall on the request of 
     any Member of the League forthwith summon a meeting of the 
     Council.


                               ARTICLE 12

       The Members of the League agree that, if there should arise 
     between them any dispute likely to lead to a rupture they 
     will submit the matter either to arbitration or judicial 
     settlement or to enquiry by the Council, and they agree in no 
     case to resort to war until three months after the award by 
     the arbitrators or the judicial decision, or the report by 
     the Council. In any case under this Article the award of the 
     arbitrators or the judicial decision shall be made within a 
     reasonable time, and the report of the Council shall be made 
     within six months after the submission of the dispute.


                               ARTICLE 13

       The Members of the League agree that whenever any dispute 
     shall arise between them which they recognize to be suitable 
     for submission to arbitration or judicial settlement and 
     which cannot be satisfactorily settled by diplomacy, they 
     will submit the whole subject-matter to arbitration or 
     judicial settlement.


                               ARTICLE 16

       Should any Member of the League resort to war in disregard 
     of its covenants under Articles 12, 13 or 15, it shall ipso 
     facto be deemed to have committed an act of war against all 
     other Members of the League. . . .


                               ARTICLE 17

       In the event of a dispute between a Member of the League 
     and a State which is not a Member of the League, or between 
     States not Members of the League, the State or States not 
     Members of the League shall be invited to accept the 
     obligations of membership in the League for the purposes of 
     such dispute, upon such conditions as the Council may deem 
     just. If such invitation is accepted, the provisions of 
     Articles 12 to 16 inclusive shall be applied with such 
     modifications as may be deemed necessary by the Council.
       Upon such invitation being given the Council shall 
     immediately institute an inquiry into the circumstances of 
     the dispute and recommend such action as may seem best and 
     most effectual in the circumstances. . . .
       (The entire Covenant can be obtained at http://
www.yale.edu/lawweb/avalon/leagcov.htm)

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