CYIL vol. 9 (2018)

JAN KUKLÍK CYIL 9 ȍ2018Ȏ key moments. We can find there the requirement that an independent Czech state should be created within its historical borders (i.e. on the basis of the traditional programme of historical state law) combined with the principle of a nation’s right to self-determination, the union with the “Slovak national branch”, but also the requirements that the principles of civil rights, democracy, and social justice should be adhered to. The meaning of the Czechoslovak legions for the manifestation of the will to be independent has been repeatedly emphasised in specialist literature, but the legal context should be considered too. Legions were the reason for the recognition of “the Czechoslovaks” as a “belligerent nation” on the side of the Allied Powers against still existing Austria- Hungary. Such a twist was first seen in France which combined military questions with the recognition of political representation abroad – the Czechoslovak National Council. 14 A significant turning point came in the spring of 1918 when, as a consequence of the declared close German-Austrian co-operation, the Allied Powers conceded that the aim of their policy could be the destruction of Austria-Hungary. Deliberations about a new arrangement of states not only in Central Europe but particularly in the Balkans was born. As a result, Beneš’s and Štefánik’s negotiations for an agreement about the status of the Czecho- Slovak army in Italy, or troops comprised of citizens of the “Czecho-Slovak lands”, was signed by the government of Italy and the CSNC. 15 This agreement mentioned again that the troops were under the political leadership of the Czechoslovak National Council. In May 1918 the General Secretary of the CSNC, Edvard Beneš, came to London and thanks to W. Steed was able meet with Foreign Secretary J. Balfour; Beneš submitted to him a memorandum on “the popular movement against Austria-Hungary in the Czecho-Slovak lands” where the political development “at home” and in the Allied countries was summarised. 16 Beneš stressed the establishment of legions and their actions on the front on the side of Allies as the reason for the change in British policy. In the following letter addressed to the Foreign Secretary, Beneš called on the British government to internationally recognize the rights of the Czechoslovak nation, which had created its army and was led by the National Council, as did France and Italy where the Czech legions were also active. The aim of the actions abroad was Czechoslovak independence achieved in agreement with Western powers and with their guarantees. 17 Beneš also negotiated this question with the Minister of Blockade Lord Robert Cecil and the War Secretary A. Millner to whom he addressed another memorandum on the recognition of the Czechoslovak army abroad on 14 May 1918. 18 The Foreign Office assessed the documents in the light of developments both on the front and in the international sphere, and the Foreign Secretary A. J. Balfour confirmed to Beneš on 3 July 1918 that Great Britain was prepared to recognise the CSNC to the similar extent as France and Italy did, i.e. as the highest body of Czechoslovaks in the Allied states, and Czechoslovak legions as an army fighting for the aims of Allies. 19 In July 1917, the so-called National Committee with Karel Kramář at its head began to represent Czech national policy. On 22 July 1917 Beneš told the Secretary of the French

14 It occurred by the decree of the President of the French Republic of 16 December 1917 in the Journal Officiel. 15 KLIMEK, A. et al. (eds.): Vznik Československa 1918 [ Creation of Czechoslovakia 1918 ], doc No. 24.

16 Ibid, doc. No. 27. 17 Ibid, doc. No. 28. 18 Ibid, doc. No. 29. 19 Ibid, doc. No. 44.

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