Treaty on the Final Settlement with Respect to Germany
The Treaty on the Final Settlement with Respect to Germany,
more commonly referred to as the Two Plus Four Agreement,
is an international agreement that allowed the reunification of Germany in October 1990. It was negotiated in 1990 between the 'two', the Federal Republic of Germany and the German Democratic Republic, in addition to the Four Powers which had occupied Germany at the end of World War II in Europe: France, the Soviet Union, the United Kingdom, and the United States. The treaty supplanted the 1945 Potsdam Agreement: in it, the Four Powers renounced all rights they had held with regard to Germany, allowing for its reunification as a fully sovereign state the following year. Additionally, the two German states agreed to reconfirm the existing border with Poland in the German–Polish Border Treaty, accepting that German territory post-reunification would consist only of what was presently administered by West and East Germany—renouncing explicitly any possible claims to the former eastern territories of Germany including East Prussia, most of Silesia, and the eastern parts of Brandenburg and Pomerania.
Background
On 1 August 1945, the Potsdam Agreement, promulgated in the Potsdam Conference, among other things agreed on the initial terms under which the Allies of World War II would govern Germany. A provisional German–Polish border known as the Oder–Neisse line awarded, in theory within the context of that "provisional border", most of Germany's former eastern provinces to Poland and the Soviet Union. The German populations of these areas either fled or were expelled. Although the German Democratic Republic formally accepted the border in the 1950 Treaty of Zgorzelec with Poland, West Germany initially entirely rejected it, declaring the treaty "null and void" in line with the Hallstein Doctrine, and later reluctantly recognised the border in the 1970 Treaty of Warsaw as provisional only, to be finalised by "a peace settlement for Germany to be accepted by the Government of Germany when a government adequate for the purpose is established". The overall "German Question" became one of the salient and crucial issues of the long-running Cold War, and until it ended in the late 1980s, little progress had been made in the establishment of a single government of Germany adequate for the purpose of agreeing to a final settlement. This meant that in some respects, Germany did not have full national sovereignty.Several developments in 1989 and 1990, collectively termed Die Wende and the Peaceful Revolution, led to the fall of the Berlin Wall and the collapse of the SED party in East Germany.
In a 9 February 1990 conversation with Mikhail Gorbachev held in Moscow, US Secretary of State James Baker argued in favor of holding the Two-Plus-Four talks. According to Moscow as well as Baker's notes, the famous "not one inch eastward" promise about NATO's eastward expansion was made during this conversation.
The concession essentially meant that the western half of the unified Germany would be part of NATO but the eastern half would not. The US National Security Council pointed out that it would be unworkable, and the concession was later amended to state that NATO troops would not be stationed in East Germany.
On 18 March 1990, a national election was held in the GDR, leading to an alliance of parties that favored German reunification winning a plurality. To achieve unity and full sovereignty, both German states were willing to accept the terms of the Potsdam Agreement that affected Germany. On 31 August 1990, the FRG and GDR signed the Unification Treaty, which describes the manner and specifics of the GDR's accession to the Federal Republic. It was then possible for all international parties to negotiate a final settlement.
Treaty
The Treaty on the Final Settlement with Respect to Germany was signed in Moscow on 12 September 1990, and paved the way for German reunification on 3 October 1990. Under the terms of the treaty, the Four Powers renounced all rights they formerly held in Germany, including those regarding the city of Berlin. Upon deposit of the last instrument of ratification, united Germany became fully sovereign on 15 March 1991.Alliances
The treaty allows Germany to make and belong to alliances, without any foreign influence in its politics. However, West German chancellor Helmut Kohl, who became chancellor of the reunified Germany, made no secret that the enlarged Federal Republic would inherit the West German seats in NATO and the European Communities.Military forces and nuclear weapons
All Soviet forces in Germany were to leave the country by the end of 1994. Before the Soviets withdrew, Germany would only deploy territorial defense units not integrated into the alliance structures. German forces in the rest of Germany were assigned to areas where Soviet troops were stationed. After the Soviets withdrew, the Germans could freely deploy troops in those areas, with the exception of nuclear weapons. For the duration of the Soviet presence, Allied troops would remain stationed in Berlin upon Germany's request.Germany undertook efforts to reduce its armed forces to no more than 370,000 personnel, no more than 345,000 of whom were to be in the Army and the Air Force. These limits would commence at the time that the Treaty on Conventional Armed Forces in Europe would enter into force, and the treaty also took note that it was expected that the other participants in the negotiations would "render their contribution to enhancing security and stability in Europe, including measures to limit personnel strengths". Germany also reaffirmed its renunciation of the manufacture, possession of, and control over nuclear, biological, and chemical weapons, and in particular, that the Nuclear Non-Proliferation Treaty would continue to apply in full to the unified Germany. No foreign armed forces, nuclear weapons, or the carriers for nuclear weapons would be stationed or deployed in six states, making them a permanent Nuclear-Weapon-Free Zone. The German Army could deploy conventional weapons systems with nonconventional capabilities, provided that they were equipped and designed for a purely conventional role. Germany also agreed to use military force only in accordance with the United Nations Charter.
Future territorial claims
Another of the treaty's important provisions was Germany's confirmation of the by now internationally recognised border with Poland, and other territorial changes in Germany that had taken place since 1945, preventing any future claims to lost territory east of the Oder–Neisse line. The treaty defined the territory of a 'united Germany' as being the territory of East Germany, West Germany, and Berlin, prohibiting Germany from making any future territorial claims. Germany also agreed to sign a separate treaty with Poland reaffirming the present common border, binding under international law, effectively relinquishing these territories to Poland. This was done on 14 November 1990, with the signing of the German–Polish Border Treaty. Furthermore, the Federal Republic was required by the treaty to amend its Basic Law so as to be constitutionally prohibited from accepting any application for incorporation into Germany from territories outside of East Germany, West Germany, and Berlin.Although the treaty was signed by West and East Germany as separate sovereign states, it was subsequently ratified by the united Federal Republic of Germany.
Implementation
Russian withdrawal from Germany
After the Soviet Union dissolved itself in December 1991, the command unit of the Soviet Group of Soviet Forces in Germany devolved to the Russian Federation. The German government subsequently recognized the Russian Federation's claim to be the successor state of the Soviet Union, including the right to maintain troops in Germany until the end of 1994. However, with post-Soviet Russia facing severe economic hardship, President Boris Yeltsin ordered Russian troop deployment in Germany to be reduced to levels significantly below those permitted in the Treaty. The last Russian troops left Germany at the end of August 1994, four months before the treaty deadline.Bundeswehr after the treaty
In the first decade of the 21st century, the Bundeswehr underwent a gradual transformation to a fully professional force. By 1 July 2011, the date on which Germany voluntarily suspended conscription, the Bundeswehr retained fewer than 250,000 active duty personnel – barely two thirds of the country's treaty limit. By 2025, the number of active personnel of the Bundeswehr further decreased to below 183,000. After the 2022 Russian Invasion of Ukraine, the German government announced a significant and long-term increase of German military spending, although the total number of active personnel is aimed to increase only moderately, up to 260,000, which is still well below the stipulations of the Treaty on the Final Settlement with Respect to Germany.Later developments
In 1990, Russia and the Western nations signed the Treaty on Conventional Armed Forces in Europe and in 1991 the Energy Charter Treaty, establishing a multilateral framework for cross-border cooperation in the energy industry, principally the fossil fuel industry; Russia postponed ratification of the latter treaty, linking it to the adoption of the Energy Charter Treaty Transit Protocol. In 1994, the Budapest Memorandum was signed where Russia, the United Kingdom, and the United States made security assurances to Belarus, Kazakhstan, and Ukraine, in return for handing over by these three countries of their post-Soviet nuclear arsenal. In 1997, NATO and Russia signed the Russia–NATO Founding Act, which stated that each country had a sovereign right to seek alliances. NATO ended up expanding to sixteen Eastern countries : Czech Republic, Hungary, and Poland in 1999; Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, and Slovenia in 2004; Albania and Croatia in 2009; Montenegro in 2017; North Macedonia in 2020; Finland in 2023; and Sweden in 2024, five of them on the border with Russia.Russia–NATO relations started to deteriorate rapidly following the Ukrainian Orange Revolution in 2004–2005. In December 2006, Russia indicated that the ratification of the Energy Charter Treaty was unlikely due to the provisions requiring third-party access to Russia's pipelines. In 2007 Russia suspended its participation in the Treaty on Conventional Armed Forces in Europe. In 2008, the relations deteriorated further and became almost openly hostile, following the 2008 Kosovo declaration of independence from Russia's ally Serbia and its partial recognition by the West, to which Russia responded in August 2008 with launching the Russo-Georgian War. On 20 August 2009, Russia officially informed the depository of the Energy Charter Treaty that it did not intend to become a contracting party to the treaty. On 1 April 2014, NATO unanimously decided to suspend all practical co-operation with the Russian Federation in response to the annexation of Crimea, but the NATO-Russia Council was not suspended. In 2015, Russia entirely terminated its participation in the Treaty on Conventional Armed Forces in Europe. On 18 February 2017, Russia's minister of foreign affairs, Sergey Lavrov, said he supported the resumption of military cooperation with the NATO alliance. In late March 2017, the Council met in advance of a NATO foreign ministers conference in Brussels, Belgium.
After the subsequent 2022 Russian invasion of Ukraine, the Founding Act has been considered by the NATO member states as definitively abrogated in its entirety by Russia, while the latter has been declared at the 2022 NATO Madrid summit "a direct threat" to Euro-Atlantic security. In the same year, Russia withdrew from the European Convention on Human Rights and was expelled from the Council of Europe.