The issue of war reparations from Germany to Poland

The issue of war reparations from Germany to Poland

Legal and moral aspects

From the point of view of global law, the issue of war reparations from Germany to Poland is closed. The decisions and actions taken in the past have led to the fact that Polish claims have no legal basis today.
On a moral and political level, however, this issue remains open and inactive sparks discussion.

Reparation waiver and PRL status

The Polish People's Republic (1952–1989), despite the actual business by the USSR, was under global law a sovereign state: it owned territory, population and government, was a associate of the UN since 1945, maintained diplomatic relations and concluded global agreements.
These circumstances gave her the full ability to make binding decisions.

In this context an act of resignation from Germany in 1953 should be considered legally effective. This is confirmed by:

• 1957. – in Final protocol on deliveries made for PRL the “complete implementation” of the agreement of 16 August 1945 governing the transfer of German reparations by the USSR to Poland.

• The subsequent Polish governments, regardless of the political strategy and option, considered the resignation to be valid. This occurred, among another things, during the negotiations with the West Germany in 1970 (recognition of the border on Odra and Nysa Lusatia) and in the subsequent activities and statements of abroad ministers: KSkubiszewski’s rhinoceros (1989), Anna Fotygi (2006) and Witold Waszczykowski (2017).

• Three renowned American law firms, consulted by Mr Arkadiusz Mularczyk, assessed claims as unfounded and refused to prosecute the case.

Moral and Political Dimension

Although the legal road is closed, it can be argued that due to the magnitude of the war harm and the fact that Poland did not receive the full reparation from the USSR, Germany could consider a fair compensation.
However, specified discussions would require an atmosphere of partnership and common respect. The confrontational rhetoric, which has been utilized in fresh years by the nationalist part of Polish politicians, including Kaczyński, has importantly hampered, or possibly even closed, the anticipation of constructive dialogue.

Summary

The legal basis for reparation from Germany is presently not in Poland.
Nevertheless, the subject is inactive emotional and can be discussed on moral and political grounds if both sides are ready for a meaningful and partnership discussion.