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The Hellenic Crisis from the Point of View of Constitutional and International Law
Published online by Cambridge University Press: 04 May 2017
Extract
Having examined the question of the casus foederìs of the Treaty of Alliance between Greece and Serbia, we shall now inquire whether the use of Greek territory by the Entente Powers for the purpose of carrying on military and naval operations against their enemies and the other forcible measures resorted to against Greece were justified either by reason of rights resulting from treaties, or on account of unneutral acts or omissions of the Government of Constantine.
Before discussing the points at issue, it will be necessary to summarize seriatim the facts connected with each.
It should be remembered that from the very beginning of the present war the Entente Powers have utilized the territorial waters of some islands in the Ægean Sea which were either under the military occupation of Greece or form part of her territory, and which the Allies subsequently occupied in order to further their military enterprises against Turkey. Thus, during the autumn of the year 1914, shortly after the entrance (November 5th) of the latter Power into the war as an ally of Germany and Austria, the fleets of the Entente Powers utilized the harbors and territory of some of the islands in the vicinity of the Straits of the Dardanelles as bases for their naval and, subsequently, military operations. The islands thus used for the prosecution of the war were Tenedos, Imbros, and Lemnos, and particularly the latter, on account of its convenient and safe harbor.
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References
1 Continued from previous issues as follows: January and April, 1917, and April, 1918.
1a See text of collective notes of February 14 and 15, 1914, to Greece and Turkey in Le Temps, February 15 and 16, 1914.
2 London Times, March 30, 1915. See also semi-official statement of the French Government in Le Temps, January 23, 1916.
3 See speech of Mr. Venizelos in the Boulé on August 26, 1917, in supplement to Patris, Eleutheros Typos, Hestia, Ethnos, and Drassis, p. 93.
4 See treaty of peace (Art. 5) in Supplement to this Journal, January, 1914, Vol. 8, No. 1, pp. 51–52.
5 This Journal, January, 1917, Vol. 11, No. 1, p. 69.
6 Text in London Times, October 7, 1915.
7 Parliamentary Debates, House of Commons, 5th Series, Vol. LXXIV, pp. 1514–1515.
8 Parliamentary Debates, House of Commons, 5th Series, Vol. LXXV, pp. 516–517.
9 See speech of the Marquess of Crewe, then Lord President of the Council, on October 14, 1915, in Parliamentary Debates, House of Lords, 5th Series, Vol. XIX, p. 1049. See also speech of the Marquess of Lansdowne, then minister without portfolio, on October 26, 1915, in House of Lords, ibid., Vol. XX, p. 29, and statement in same House of the late Earl Kitchener, then Secretary of War, on February 15, 1916, ibid., Vol. XXI, pp. 25–26; also, statement made in the House of Commons by Lord Robert Cecil, Under–Secretary for Foreign Affairs, on December 13, 1915, ibid., Vol. LXXVI, p. 1474. See also speech of M. Viviani, then Premier of France, on October 12, 1915, in Chamber of Deputies, in Le Temps, October 13, 1915.
10 Parliamentary Debates, Vol. LXXXI, pp. 2184–2185. See also statements of Lord Robert Cecil on October 31, 1916, in Parliamentary Debates, Vol. LXXXVI, p. 1674; on November 8, 1916. Vol. LXXXVII, p. 169; and on December 21, 1916, Vol. LXXXVIII, p. 1589.
11 Speech of Mr. Venizelos in supplement to Patris, pp. 6–7. Also, Greece in Her True Light, speeches of Mr. Venizelos, translated by Socrates A. Xanthakes and Nicholas S. Sakellarios, pp. 65–66. See also speech of November 3, 1915, supplement of Patris, p. 95; ibid., speeches of Mr. Venizelos, by Socrates A. Xanthakes and Nicholas Sakellarios, p. 162.
12 Times, October 7,1915. When subsequently this question was again agitated by the pro–Constantine and pro-German press of Athens, Mr. Venizelos, in defense of his policy, explained in detail, through the newspaper Keryx, the circumstances under which the landing took place and the incidents connected with it. In this explanation, Mr. Venizelos, referring to the declaration made by Sir Edward Grey on this subject, added that, if that declaration was correctly quoted, it corresponded in substance, but not literally, to the facts in the case; but that, nevertheless, the then Greek Government viewed with joy the arrival of the Anglo–French troops in Salonika, since being certain of the expected Bulgarian invasion of Serbia, it had decided to assist her ally; that, therefore, he was happy to say that had Greece taken the offensive against Bulgaria, there would have existed in Salonika a large Anglo-French army. (Keryx, No. 6, April 10 [O. S.] 1916.)
13 Supplement to Patris, Eleutheros Typos, Hestia, Ethnos, and Drassis, speeches of Mr. Venizelos and Messrs. Repouli, Politis, Cafandari, etc., pp. 136 et seq. See also Cinq Ans d’Histoire Grecque, by Leon Maccas, pp. 62 et seq.
14 Speech of von Bethmann-Hollweg in the Reichstag on December 9, 1915, in London Times, December 10, 1915, and bitter denunciation of the Entente Powers by Constantine in his interview with correspondent of Associated Press, in American newspapers of January 13, 1916.
15 See Greek White Book, Documents Nos. 67 and 71. Supplement to this Journal for April, 1918, pp. 159 and 164.
16 Protocol of London of May 27, 1863, Hertslet, The Map of Europe by Treaty, Vol. II, p. 1537.
17 Hertslet, Map of Europe by Treaty, Vol. II, p. 841; also Supplement to this Journal, April, 1918, p. 67.
18 Article by Dr. R. M. Burrows, in The New Europe, Vol. I, No. 4, p. 115 et seq. (November 9, 1916). See Hertslet, Appendix, joint note of December 15, 1862 (against the acceptance of the Greek Crown by Alfred); also, Hertslet, Vol. II, p. 1530, Speech of the Lords Commissioners of February 5, 1863. The present writer has expressed the same opinion in an interview with an editor of the National Herald (a Greek newspaper of New York) in its issue of June 27, 1916.
19 Hertslet, Vol. II, p. 1547; Supplement to this Journal, April, 1918, p. 77.
20 See, however, the declaration made on November 21, 1916, in the House of Commons by Lord Robert Cecil “in regard to the sanctions which may be exercised by the guaranteeing Powers,” when he pointed out Article 8 of the Protocol of 1830, in Parliamentary Debates, Vol. LVII, pp. 1179–1180.
21 Note of Entente in London Times, January 13, 1916.
22 See Hertslet, Vol. II, p. 1569.
23 Protest of Greek Government in London Times, February 9, 1916.
24 London Times, April 12, 1916.
25 See this interview in American newspapers of January 20, 1916, and London Times, of January 21, 1916.
The ex-King of Greece, in criticizing the action of the Entente Powers in regard to his former country, overlooked the fundamental fact that, in the first place, had it not been for his arbitrary step of dismissing repeatedly, in the course of the year 1915, the Cabinet of Mr. Venizelos and dissolving the then elected legislature, the Hellenic army would have undoubtedly joined the Allies, and possibly prevented not only the ruin of Serbia and perhaps of Roumania, but also the calamities which subsequently befell Greece. The other harsh measures which were adopted against Greece were due solely to the double-dealing of Constantine and the secret help which, at various times and in various ways, he gave to the Teutonic Powers and their Allies.
26 On the treaty obligations of Greece, see this Journal, April, 1918, p. 312.
27 Greek White Book, Documents Nos. 29, 33, 35 and particularly No. 37, in Supplement to this Journal, April, 1918, pp. 123, 126, and 129.
28 Mr. Zalocostas, ex-Minister of Foreign Affairs, admitted before the Parliamentary Committee of the Boulé (session of 1918) at Athens that he was signing the secret telegrams sent to Berlin without knowing their contents.
29 This German propagandist, who had commenced his career in Greece as agent of the Krupp Company, and afterwards acted as a correspondent of the Wolf Telegraphic Agency, became overnight Secretary of the German Legation, evidently for the purpose of granting him diplomatic immunities in the country so that he could carry out his nefarious work with more freedom and less fear.
Concerning the activities of this German agent, see Light on the Balkan Darkness, by W. H. Crawfurd Price, pp. 50–51, and Venizelos and the War, by the same author, pp. 41–44. See also his statement to Local-Anzeiger in Le Temps, September 27, 1916.
30 Crawfurd Price, Venizelos and the War, p. 30. See particularly Greek White Book, entitled “Documents Diplomatiques,” 1913–1917, Supplément, Nos. 51, 80, 81, 83, 84, 90, 91, 93, 98, and 103.
31 An eye-witness tells us that in the beginning of the European War out of the fourteen newspapers in Greece twelve supported the policy of Mr. Venizelos, and two of them were anti-Venizelist but not pro-German; that the Greek papers at first refused to publish the news given to them by Baron Shenck, and he had them printed as advertisements. Special articles extolling the victories of the German army were sent to the editors with a note: “Please insert this article and send the account for same. The amount will not be questioned.” Price, ibid., p. 41.
32 Statement of British Legation at Athens, in London Times, November 22, 1915. See also protest of Greek Government in Supplement to this Journal of April, 1918, Document No. 40, p. 134.
33 See Le Temps of April 10, 1916, for text of this telegram, and statement of Russian Consul at Salonika in Le Temps, April 19, 1916.
34 See speech of Mr. Skouloudis in London Times, April 15 and 17, 1916.
35 Note of April 20, 1916, of the Minister of Serbia at Athens addressed to the Greek Government in Greek White Book, Document No. 41, Supplement to this Journal, April, 1918, p. 135.
36 Greek White Book, Document No. 42, telegram of Mr. Skouloudis to the Greek Legations of Paris and London, in Supplement to this Journal, April, 1918, p. 136.
37 Greek White Book, Doc. No. 43, telegraphic circular dated April 27, 1916, and Doc. No. 44, in Supplement to this Journal, April, 1918, pp. 137 and 139.
38 See Greek White Book, telegram of July 22, 1914, Doc. No. 19, and of July 25, 1914, Doc. No. 21, in Supplement to this Journal, April, 1918, pp. 115, 117.
39 Telegrams addressed to Constantine by Theotoky, Minister of Greece at Berlin, dated December 14,15, 21, 29,1915, also January 1, 5, 21, 30, and November 14, 1916, in Documents Diplomatiques, Supplement, Nos. 36, 37, 38, 39, 41, 42, 43, 46, and No. 59 from Greek Minister of Foreign Affairs to Theotoky.
This loan was subsequently secretly concluded through the connivance of two members of the Cabinet, namely, Mr. Skouloudis, the Prime Minister, and Mr. Gounaris, the Minister of the Interior, and was never submitted to the Boulé for ratification, as it should have been according to the provisions of the Greek Constitution.
40 Telegrams of December 29, 1915, January 12, March 23, 25, and May 18, 1916, in ibid., Documents Diplomatiques, Supplément, Nos. 40, 43, 47, 48 and 49.
41 See ibid., Documents Diplomatiques, Nos. 61 to 88, inclusive.
42 This charge was made by the newspaper Nea Hellas and was not contradicted by the Greek Government, nor was the paper prosecuted. Quoted by the Greek National Herald of New York, May 30, 1917.
43 Le Temps of April 10, 1916. See The Near East, May 5, 1916.
44 Greek National Herald, January 10, 1917. See also Le Temps of November 8 and 9, on scandal of Greek deputy Calimasaiotis, and London Times, November 7, 1916.
45 Details in Greek National Herald, December 28, 1916. The deciphered telegrams offer abundant evidence on this point. See those dispatches in Greek White Book, Documents Diplomatiques, Supplément, Part II.
45a See details in Protocol of Surrender in ibid., Documents Diplomatiques, Supplément, No. 25.
46 Interviews with newspaper correspondents in Le Temps, February 7, 1916, London Times, January 11, 1916, and Daily Mail, January 3, 1916.
46a See Times, December 18, 1915.
47 See Greek White Book, Doc. No. 4, in Supplement to this Journal, p. 96.
48 St. B. Pronotario, The Macedonian Tragedies (in Greek), pp. 10–11 et seq. Copies of these orders appeared in the Current History of the New York Times, of February, 1917, Vol. V, pp. 818–819 et seq. These documents are now published in Greek White Book, Documents Diplomatiques, Supplément, in their final shape under Nos. 14, 16, 22 and 26, along with other dispatches connected with the invasion of Greek Macedonia by the Bulgarian and German troops.
49 Crawfurd Price, Venizelos and the War, pp. 163, 164, 165, 169.
50 Speech in the Boulé, May 23 (O. S.), 1916, Greek White Book, Doo. No. 60; for protests to Germany, Austria, and Bulgaria, referred to, see ibid., Docs. Nos. 53, 54, and 55; for denial of previous agreement for occupation of Roupel, see ibid., Doc. No. 61; all of said documents being printed .in Supplement to this JOURNAL for April, 1918. See also ibid., Documents Diplomatiques, Supplément, No. 27.
51 London Times, June 1, 1916.
52 See the following documents in the Greek White Book printed in the Supplement to this Journal, for April, 1918:
Telegram of Lieutenant-General Bairas to the Greek General Staff, dated April 27 (O. S.), 1916, Doc. No. 45.
Telegram of General Yanakitsas, Minister of War, to the commandant of the 4th Army Corps, dated April 28 (O. S.), 1916, Doc. No. 46.
Telegram of Mr. Skouloudis to Mr. Naoum, Minister of Greece at Sofia, dated April 29 (O. S.), 1916, Doc. No. 47.
Telegram from Greek Legation at Paris, dated May 24 (O. S.), 1916, Doc. No. 63.
See also Greek White Book, Documents Diplomatiques, Supplément, No. 47, telegram, dated March 10, 1916, sent by Constantine to the German Government through the Greek Minister at Berlin, in which Constantine says: “ General Falkenhausen has made known to us the intention of the Allied (Central) Powers’ fleet to occupy the Demir Hissar pass [in which Fort Roupel is situated] . . . We replied that we were waiting for the Imperial German Government to give us, through its minister here, the declaration which has already been indicated.”