Reparation from Germany was not waived

Must: Moscow paper was not known so far

Prof. Must: Poland never gave up reparation.

We have a very hard occupation ahead of us to prove it.

Published: August 2, 2022


wPoliticy.pl: As all year, the subject of war reparations returns from Germany. Does Poland have a chance to get paid by the western neighbour for losses and demolition from planet War II?

Prof. Bogdan Must: Of course we have a chance. In my view, as far as global law is concerned, the substance is open. Poland has not renounced reparation, there is no protocol – neither between Poland and the GDR, nor between Poland and Germany, nor between Poland and the russian Union.

I am convinced at 99.9% that specified a protocol has never been created, although what is very crucial was to be created. The delegation established from the “Polish” side, or communist government, was designated, but the protocol never came to be signed. It would should be a bilateral agreement between Poland and the then GDR or RFN or between Poland and the USSR. There's no specified protocol.

However, it seems that in the opinion of German politicians, both from the government and from the opposition, the substance is already settled. From Berlin we inactive hear that there is no legal basis for paying Poland a reparation or that the case is closed. Why specified a attitude, if, as you say, there is no protocol confirming Poland's resignation of reparations?

Because they have “help” from the Polish side. They mention the alleged resignation of our reparations in 1953, while specified a paper is not there and they have never presented specified a document. They say he is, but they don't have him. It's very convenient for them. I can realize German politicians. From their point of view, it is better to say so, due to the fact that then there is the impression that the substance is well handled. In fact, it's not.

The RFN, has bilateral agreements with all countries, signed after 1949, governing reparations. With all countries, but not with Poland. The russian Union signed this from East Germany on 22 August 1953. specified a protocol is that the USSR renounces reparation from the GDR, but Poland does not have specified a protocol. A formal declaration alone is not adequate here.

It's like I declared I'd like to buy an flat from you, and you would say, "I'm happy to sale it to you." Declarations alone are not enough; a contract must be signed, in addition to the presence of a notary. Only then will this have legal force. And in this case, we only have a declaration from the communist government, which refers to the regulation. And it clearly states in that Regulation that the declaration will have legal force if the contract is signed. There's no deal.

On 1 September, the Polish side is to present the first part of the study on war losses. Can this paper bring us closer to reparation, or is the good will of Germany besides needed here?

First, I wouldn't anticipate good will. Secondly, much will depend on the quality of the report. If there are mistakes in it, if it turns out to be simply weak, then we will have a debate on the quality of the report, not the harm we have suffered and the amount of compensation. The another side will be very happy to discuss, but about the errors in the report. There will always be mistakes in specified a immense work, but it cannot be cardinal errors. The discussion must be about reparation, how much we deserve and how much specified compensation should be paid.

The quality of this study is crucial here. If he is weak, burdened with errors, he will prove counterproductive.

Member of PiS Arkadiusz Mularczyk, who was the president of the Parliamentary Group for the Assessment of the Heights of Compensation due to Poland from Germany for Damages done during planet War II, that Poland's reparation from the West Germany may besides be determined by a weakening, undermined by attitude towards Russian aggression against Ukraine, Berlin's position. Would German image losses make Poland's force to pay the reparation more effective?

Unfortunately, I would treat it as wishful thinking. due to the fact that Germany has a strong position anyway. There are legal possibilities, including global tribunals, due to the fact that erstwhile we talk about billions or even hundreds of billions that individual would pay us, I don't think they would do it voluntarily.

Germany must be truly convinced of this, but not only with arguments specified as: ‘We belong’. Here it is very crucial to make a way of global law, how Poland can apply for war reparations. And according to my preliminary findings, this way in global law is.

There are also possibilities, in my opinion, we could besides search any compensation for war crimes before German courts. So if we are making reparation demands, then first of all, we should make all the legal possibilities of how we can get them. If we gather them together and submit them, we have a different debate immediately.

So, first of all: we gotta prove that Poland has not renounced compensation for war losses, and we have the chance to prove this fact.

Secondly, we should present a study that will not be subject to substantive charges.

Thirdly, we request to look at all legal paths, and I believe that this is the legal path.

It is simply a long way, of course, but gathering these criteria will make it easier for us to reparation. Counting on the goodwill of Germans is, very mildly put, wishful thinking.

Is there a subject of reparation for Poland, functioning, in the German public debate? What view does German society have on this issue?

This subject has been raised in the West Germany before. present it comes back, there are debates and a very negative position emerges from all. The German society is convinced that Poland has renounced reparations and has no rights to them.

Such a communicative exists in Germany. The votes are alternatively individual and are not voices that would affect public opinion. Therefore, requiring German politicians to support them is besides wishful thinking. In fact, Minister Baerbock has late paid a visit to Greece, where she has clearly and clearly said that, erstwhile it comes to reparations, there is no possibility. German ministers act in the interest of the German State. And it is in the interests of the German State not to pay these reparations. This is simply a immense burden for them. And to ask them to support it is naive. We can see that even Friedrich Merz, the leader of the CDU opposition, came to Poland and said that there is no legal basis for reparation. It is very likely that Mr Merz will become Chancellor of Germany in 2-3 years and will gotta deal with this problem and he is aware of it. And German public opinion is very negative about the thought of paying Poland a reparation.

So, aside from the points you mentioned, how about any more diplomatic action?

Not only diplomatic, it's not enough. It must besides be a media offensive, besides in the field of historical policy, showing through various forms the effects of German business in Poland. due to the fact that modern Germany is unaware of what their ancestors did in Poland. Nor do the societies of another Western countries know this, looking at the German business from their own perspective.

Poland must do very, very much work. It is not only a calculation of the losses themselves and reliable, substantive arguments, but besides the improvement of all legal paths, proving that Poland has never renounced reparations.

It must besides be a historical policy as an component that introduces differences in the German business in individual countries to the debate – besides in another countries in the west. due to the fact that to this day it is hard for me to believe that the French believe that the German business they experienced in their country was comparable to that with which we faced in Poland. With respect to our country, Germany had a different business policy, purely racist, aimed at destroying the leadership elite, and in the second the Soviets helped them greatly. These “neighbors” worked together here, connected them with 1 interest: the demolition of the foundations of the Polish statehood. The demolition of Warsaw was besides about that.

In no another country did Germany carry out specified an business policy and did not do as much harm as in Poland. And we gotta show the planet that, too. erstwhile this awareness reaches Western societies, the debate on reparations will immediately have a different dimension.

Until there is no specified awareness, and Poles in the West are seen even as partners of Germans in the Holocaust, as a nation that robbed, murdered Jews, and in addition took money for it, until we correct this image, it will be hard for us to convince the Western public that we deserve reparations.

Thank you so much for talking to me.

Talk. Joanna Jaszczuk





--------------

Minister of Szrot: Poland's waiver of claims from Germany was "remarkable". It should have no legal meaning. These are the facts.

Published: August 30, 2022


Opinion of the president on the reparation

On Tuesday's interview in Radio Three, Paweł Szrot was asked whether in the opinion of the president the publication of the study on Poland's compensation for losses caused by Germany during planet War II, which is to be partially published on September 1, should be the Polish government's request for reparations.


This is simply a decision of the Polish government

“said the president’s cabinet chief. He stressed that it was crucial to remember the situation in which Poland found itself after the end of planet War II, among others he pointed to the "marionary government in Stalin's hands". He pointed out that "the alleged waiver of any claims by Germany during this period should not have legal meaning".


And from the point of view of global law, there are facts. The remainder is on the government's side.

He stressed. He besides assured that the president and his advisors would “insightly” read the report.

Relations between Poland and Germany

Questioned about the state of Polish-German relations, Szrot stressed that president Duda maintains a "correct, factual and substantive" relation with his German counterpart president Frank-Walter Steinmeier.


Things are going well here. Of course, relationships can always be better, but this is besides a substance of attitude for both sides

“He said.

The president's cabinet chief informed that Andrzej Duda, along with government representatives, will commemorate the anniversary of the outbreak of planet War II on Westerplatte.
Reparation study announcement

In mid-July, president of Law and Justice Jarosław Kaczyński announced that the first part of the study prepared by the Parliamentary Panel on the Assessment of the Heights of Polish Compensation due from Germany for Damages done during planet War II would be published on 1 September.

The study was prepared by the Parliament's erstwhile word of office - since September 2017 - Parliamentary Panel on the Assessment of the Heights of Compensation due to Poland from Germany for Damages done during planet War II. The squad led by PiS MP Arkadiusz Mularczyk prepared a study on Poland's losses as a consequence of planet War II and the amount of compensation for Poland from Germany.

In mid-July, Prime Minister Mateusz Morawiecki asked in Boronów (Silesian Province) what Poland has done in fresh years to get war compensation and reparations from Germany reminded of a comprehensive study which is to show the scope of not only German war crimes from the period of planet War II, but besides the harm caused.

The head of government then reported that the study is now translated into respective languages. Morawiecki noted that Poland was among the countries that were most severely affected by planet War II, and received practically "imitable, minimal measures as compensation".


It's hard to even call it compensation.

“The Prime Minister then said.


--------------



Neither in 1953, nor in 1970, 1990 or 1991, Poland lost its rights to war reparations. Denying this is due to bad will

Published: August 14, 2017


Many PO politicians, including Grzegorz Schetyna and Radosław Sikorski (and by the way his wife Anne Applebaum) experience an increase in the question of war reparations Germany was closed to Poland. And it is irresponsible to talk about it, it spoils relations with Berlin and the full EU, isolates Poland and exposes not only to laughingness, but to rhetoric. specified voices arise not only from the habit of submission or butlership towards the western neighbour, but above all from ignorance or "behaving stupid".

Especially since there are very substantive and comprehensive legal expertise, e.g. published in 2004 by Prof. Jan Sandorski from the Department of global Law of the University of Poznań or dr. Mariusz Muszyński from the Department of global Law and European University of Warsaw, which I use. The case is neither closed nor hopeless, as best demonstrated by the actions of the various German governments from the 1950s to 1990s, including those taken after 12 September 1990, i.e. after the signature of the alleged Treaty 2 + 4 concerning the unification of Germany and the legal-international consequences of the event. German politicians and lawyers are besides aware that there is no legal and contractual basis to prevent Poland from seeking reparations. Of course, they say otherwise in public, but it's just politics and public opinion.

The first misunderstanding in the substance of reparation stems from the fact that it relates to the Podamsk Agreement of 2 August 1945. Meanwhile, reparations are both older and more general. Reparations are a way of repairing the lawlessness of war, already developed at a conference in Versailles (1919-1920). The Potsdam Agreement as the legal basis for the enforcement of the reparations from Germany was negated after planet War II, for example by France, which, like Poland, was not a organization to it. Reparations are besides the request for Germany to pay compensation for the violation of the law of war, which follows, among others, from Article 3 of the Hague Convention of 18 October 1907. Reparations are yet the request to compensate for the extraordinary German crimes. It is not a Polish problem that Germany's way of conducting the war has caused so immense human losses and specified destructions, especially in Poland, that the material work for them could exceed the possibilities of the German state. Already in Yalta, 3 powers felt that it was essential and fair to impose on Germany the work to repair losses - in the optimal way and above all towards the countries which suffered the biggest losses, i.e. Poland. The method issues of reparations were established in Potsdam, in the case of Poland via the USSR, which did not limit the country's general rights to reparations, nor limited them to the territory of the GDR.

Under global law, the Postal Agreement was neither strictly a peace treaty nor a reparation treaty. She just announced the right peace treaty. But its conclusion over the next decades prevented Germany from being broken into 2 states. specified conditions arose after the unification of Germany in 1990. In the absence of a peace treaty or reparation treaty, the collection of reparations for Poland was due to method arrangements in Potsdam, but Poland had no influence on what and how it was to be transmitted to the USSR. Poland besides had no influence on the fact that on 15 August 1953, the USSR informed the USA, the UK and France that it would cease to reparation from Germany, which is actually from the GDR, as of 1 January 1954. On 22 August 1953, an agreement was signed between the USSR and the GDR in Moscow. Poland was to comply with it, although it was neither organization to it nor conducting separate negotiations with the GDR. At the will of Moscow, the Council of Ministers led by Bolesław Bierut on 23 August 1953 adopted a resolution on this matter. It said: “Given that Germany has already done a large deal of its compensation obligations and that the economical situation has improved Germany is in the interests of their peaceful development, The government of the Polish People's Republic - wishing to contribute further to the work of regulating the German problem in a peaceful and democratic spirit and in accordance with the interests of the Polish people and of all the loving peoples - decided to quit on 1 January 1954 the payment of compensation to Poland".

Poland could effectively waive reparation if an appropriate global agreement or unilateral waiver were concluded would be crucial for global law. The resolution of the Council of Ministers of 23 August 1953 does not meet these conditions. After all, there was no Polish-German treaty on reparations. There is not even a note from the Government of the Polish People's Republic to the Government of the East. There is only a letter from the then German Prime Minister Otto Grotewohl, in which he thanks the Council of Ministers of the Polish Republic for giving up reparation. There is besides Bolesław Bierut's answer to this letter. However, the exchange of letters does not replace the interstate agreement to waive reparation. prof. John Sandorski can and should be regarded as a unilateral act, invalid from the beginning and as specified never having legal effect. Although this resolution was the consequence of the dictatorship of the Soviets (mainly economical ones), in this peculiar case which undermines the sovereignty of the Polish state (in the general sense the Polish People's Republic was considered sovereign state in the legal sense) and placing the government of the Polish People's Republic in the position of an unequal partner of global relations. Nor should the resolution be classified as a unilateral act strictly, i.e. as the origin of global law. Although on 23 September 1953 the then Deputy Minister of the Ministry of abroad Affairs Marian Nasikowski, as a delegate of the government of the Polish People's Republic, declared in the 8th Session of the General Assembly of the United Nations that the government of the Polish People's Republic had adopted a resolution on reparations on 23 August 1953, but the content of this message did not mean a spontaneous resignation or strictly confirmed the resolutions of the Council of Ministers. In the light of global law, the message of Naszkowski cannot be regarded as a origin of law.


Germany was well aware that the resolution of the government of the Polish People's Republic of Poland of 23 August 1953 was not worth anything, so they tried to get the resignation to be included in the Treaty on the normalization of relations between Poland and Germany signed on 7 December 1970. In the draft agreement on the basis of normalisation of relations (April 1970) Germany wanted to include this passage: "Both sides do not rise any claims against each another that originate from planet War II". But the Polish side rejected this proposal and it did not find itself in the arrangement. The German government then referred unilaterally to Poland's alleged confirmation in the negotiations of the application of the resolution of 23 August 1953, and this against the full of Germany, but this is only in the German diary of Acts as an annex to the text of the agreement. There is no message in the Polish diary of laws, which makes it only interesting. The subject itself shows that the German government allowed Poland to issue reparation claims and wanted to defend itself from it.

Even the ZSRS-NRD agreement of 22 August 1953 is troublesome for modern, united Germany, which states: “The German Democratic Republic is relieved of the work to repay the sum of reparations remaining after 1 January 1954. (...) The russian Government, after agreeing with the Government of the Polish People's Republic (in relation to its parts of the reparations), completely interrupts the download from the German Democratic Republic of the reparation on 1 January 1954". It is clear from this that the ZSRS did not waive the reparation, but simply stopped downloading it, and only against the GDR. The agreement of February 1953 between the RFN and the Western countries besides mentions a "stop" of reparation from the RFN. Reparation payments were suspended until the adoption of the peace treaty, namely, in fact to Treaty 2+4 (12 September 1990), erstwhile Germany was united. Only then did an entity appear able to conclude the final peace treaty. In the context of unification in Germany, it was considered that any reparation claims should be closed during the negotiations of Treaty 2+4, replacing the "final peace treaty" and closing the settlements related to planet War II. The problem of Germany is that from a legal point of view the Treaty 2+4 only binds its parties, and Poland is not a party. If the Treaty 2+4 were to be effective against Poland, the procedure provided for by global law would should be implemented in order to bind 3rd countries. That's not what happened.

Both the 2+4 Treaty and the Polish-German Treaty on the confirmation of the border (from 14 November 1990) and the Treaty on good neighbourly and friendly cooperation (from 17 June 1991) do not include Poland's resignation from the reparation from Germany.

Poland was not a organization to the 2+4 Treaty, so in the issue of waiving the reparations it could be bound by its provisions through the expression of the pactum in onus tertii (a 3rd advantage agreement). Under global law, this must be done clearly and in writing, and nothing like this has happened. This means that Treaty 2+4 does not oblige Poland to close the reparation case, which leaves it open. The German Chancellor Helmut Kohl, who convinced the parties to the treaty 2+4, was well aware of this, so as not to mention or bring the wolf out of the forest. Kohl has led to a political consensus on reparation, but this has no impact on legal issues. The current legal state gives Poland full opportunities to make reparation claims. Denial is either from representing abroad interests, or from bad will, or from simple ignorance.