Claiming Legality – German Lawyers under the Swastika and the Aggression against Poland
Inhaltsverzeichnis
Bibliographische Infos

Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law
Jahrgang 85 (2025), Heft 1
- Autor:innen:
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- Verlag
- C.H.BECK Recht - Wirtschaft - Steuern, München
- Copyrightjahr
- 2025
- ISSN-Online
- 2942-3562
- ISSN-Print
- 0044-2348
Kapitelinformationen
Jahrgang 85 (2025), Heft 1
Claiming Legality – German Lawyers under the Swastika and the Aggression against Poland
- Autor:innen:
- ISSN-Print
- 0044-2348
- ISSN-Online
- 2942-3562
- Kapitelvorschau:
The article studies how German lawyers under the swastika justified the German aggression against Poland in 1939 and questioned the support of the United States for Poland and its Allies. It distinguishes three lines of argument: First, they claimed that the Kellogg-Briand Pact was devoid of normative content and thus could not bind the German Reich. This argument was coupled with a political critique of the League of Nations Covenant and the Kellogg-Briand Pact as instruments for maintaining the territorial status quo. Second, they put forward that the German Reich was acting in self-defence and that it was Poland, France, and Great Britain who had violated the Covenant and the Pact. Third, they rejected efforts to reconceptualise the existing rules of neutrality in light of the Covenant and the Pact. Reliance on a more traditional understanding of neutrality was intended to raise legal obstacles to siding with Poland, France, and Great Britain for third states such as the United States.
