INTERNATIONAL LEGAL ASPECTS OF GERMAN
NATIONAL SOCIALIST POLICIES
WE have seen that the persecution of minorities as a deliberate national policy has long been regarded by the states of the world as justifying and requiring peaceful intercession on grounds of humanity. Are there, in addition, any specific principles of international law which are being violated by the present German Government in its treatment of
"non‐ Aryans"? Do these violations give states injured thereby a right to protest to the German Government?
The right of a state to legislate towards its own nationals or those within its jurisdiction is not an absolute power the illegal consequences of which other states, or the international community, are obliged to suffer in silence. Nor is it a right unlimited by the prescriptions of international law. On the contrary, it is a right which may be abridged either by obligations undertaken to another state that require the observance of a certain course of action or limited by the sovereign rights of other states that may be infringed thereby. As the Permanent Court of International Justice declared in sustaining the plea of the German State against Poland:
____________________"With regard to international law, and of the Court which is charged with its application, national laws are simple facts, manifestations of will and of state activity, on the same level as judicial decisions or administrative measures. The Court is certainly not bound to interpret the Polish law as such, but there is no obstacle to its pronouncing on the question whether, in applying this law, Poland is or is not acting in conformity with its obligations. . . ."i.