Munich Agreement - Legal Nullification

Legal Nullification

During the Second World War, British Prime Minister Churchill, who opposed the agreement when it was signed, became determined that the terms of the agreement would not be upheld after the war and that the Sudeten territories should be returned to postwar Czechoslovakia. On August 5, 1942, Foreign Minister Anthony Eden sent the following note to Jan Masaryk:

"In the light of recent exchanges of view between our Governments, I think it may be useful for me to make the following statement about the attitude of His Majesty's Government in the United Kingdom as regards Czecho-Slovakia.

"In my letter of the 18th July, 1941, I informed your Excellency that the King had decided to accredit an Envoy Extraordinary and Minister Plenipotentiary to Dr. Beneš as President of the Czecho-Slovak Republic. I explained that this decision implied that His Majesty's Government in the United Kingdom regarded the juridical position of the President and Government of the Czecho-Slovak Republic as identical with that of the other Allied heads of States and Governments established in this country. The status of His Majesty's representative has recently been raised to that of an Ambassador.

"The Prime Minister had already stated in a message broadcast to the Czecho-Slovak people on the 30th September, 1940, the attitude of His Majesty's Government in regard to the arrangements reached at Munich in 1938. Mr. Churchill then said that the Munich Agreement had been destroyed by the Germans. This statement was formally communicated to Dr. Beneš on the 11th November, 1940.

"The foregoing statement and formal act of recognition have guided the policy of His Majesty's Government in regard to Czecho-Slovakia, but in order to avoid any possible misunderstanding, I desire to declare on behalf of His Majesty's Government in the United Kingdom that as Germany has deliberately destroyed the arrangements concerning Czecho-Slovakia reached in 1938, in which His Majesty's Government in the United Kingdom participated, His Majesty's Government regard themselves as free from any engagements in this respect. At the final settlement of the Czecho-Slovak frontiers to be reached at the end of the war they will not be influenced by any changes effected in and since 1938".

To which Masaryk replied as follows:

"I have the honour to acknowledge the receipt of your note of the 5th August, 1942, and I avail myself of this opportunity to convey to your Excellency, on behalf of the Czecho-Slovak Government and of myself, as well as in the name of the whole Czecho-Slovak people who are at present suffering so terribly under the Nazi yoke, the expression of our warmest thanks.

"Your Excellency's note emphasises the fact that the formal act of recognition has guided the policy of His Majesty's Government in regard to Czecho-Slovakia, but, in order to avoid any possible misunderstanding, His Majesty's Government now desire to declare that, as Germany has deliberately destroyed the arrangements concerning Czecho-Slovakia reached in 1938, in which His Majesty's Government in the United Kingdom participated, His Majesty's Government regard themselves as free from any engagements in this respect. At the final settlement of the Czecho-Slovak frontiers to be reached at the end of the war, they will not be influenced by any changes effected in and since 1938.

"My Government accept your Excellency's note as a practical solution of the questions and difficulties of vital importance for Czecho-Slovakia which emerged between our two countries as the consequence of the Munich Agreement, maintaining, of course, our political and juridical position with regard to the Munich Agreement and the events which followed it as expressed in the note of the Czecho-Slovak Ministry for Foreign Affairs of the 16th December, 1941. We consider your important note of the 5th August, 1942, as a highly significant act of justice towards Czecho-Slovakia, and we assure you of our real satisfaction and of our profound gratitude to your great country and nation. Between our two countries the Munich Agreement can now be considered as dead".

Following Allied victory and the surrender of the Third Reich in 1945, the Sudetenland was returned to Czechoslovakia, while the German speaking majority was expelled or killed.