CHAPTER I

GERMAN ATROCITIES

GERMAN ATROCITIES

AN OFFICIAL INVESTIGATION

BY

J. H. MORGAN, M.A.,

OF THE INNER TEMPLE, BARRISTER-AT-LAW,

PROFESSOR OF CONSTITUTIONAL LAW IN THE UNIVERSITY OF LONDON;

LATE HOME OFFICE COMMISSIONER WITH THE BRITISH

EXPEDITIONARY FORCE

_Mentem mortalia tangunt_

[Illustration]

NEW YORK

E. P. DUTTON & COMPANY

681 FIFTH AVENUE

COPYRIGHT, 1916,

BY

E. P. DUTTON & COMPANY

Printed in the U.S.A.

TO

M. ARMAND MOLLARD

MINISTRE PLENIPOTENTIAIRE,

MEMBER OF “LA COMMISSION INSTITUÉE

EN VUE DE CONSTATER LES ACTES COMMIS

PAR L’ENNEMI EN VIOLATION DU DROIT DES GENS,”

THIS WORK IS DEDICATED

IN RECOGNITION OF HIS COURTESY AND COLLABORATION

IN THE PURSUIT OF A COMMON TASK.

CONTENTS

PAGE

DEDICATION v

PREFATORY NOTE ix

CHAPTER

I.--INTRODUCTORY:

(1) The British Enquiry 1

(2) The German Case--a critical Analysis of

the German White Book 6

(3) German Credibility--a Review of the Evidence 30

(4) The Future of International Law and the

Question of Retribution 44

II.--THE BRITISH ENQUIRY IN FRANCE:

(1) Methods of Enquiry 60

(2) Outrages upon Combatants in the Field 64

(3) Treatment of Civil Population 76

(4) Outrages upon Women--the German Occupation

of Bailleul 81

(5) Private Property 84

(6) Observations on a Tour of the Marne and

the Aisne 85

(7) Bestiality of German Officers and Men 87

(8) Conclusion 90

III.--DOCUMENTARY (NEW EVIDENCE):

(1) Depositions and Statements (Fifty-six in

number) illustrating breaches of the Laws

of War by German Troops, mainly Outrages

on British Soldiers 93

(2) Documents relative to the German Occupation

of Bailleul 122

(3) Evidence relating to the Murder of Eleven

Civilians at Doulieu 134

(4) Deposition of a Survivor of the Massacre of

Tamines 137

(5) Five German Diaries 139

(6) Documents forwarded by the Russian Government 146

(7) The German White Book: The Introductory

Memorandum 158

(8) Depositions relating to the Massacre of

Wounded and Captive Highlanders by a

German Bombing Party on September

25th, 1915, at Haisnes 169

(9) Depositions as to the use of Incendiary Bullets

by the German Troops 174

(10) Depositions as to the Employment by German

Troops of Russian Prisoners upon

Military Works on the Western Front 177

PREFATORY NOTE

Professor Morgan desires to express his obligations to the Russian

Embassy, the Foreign Office, the Home Office, the French Ministry of

War, and the General Headquarters Staff of the British Expeditionary

Force for the assistance which they have given him. For the opinions

expressed in Part IV. of the Introductory Chapter Professor Morgan is

alone responsible. The whole of the documents given in the “Documentary

Chapter” of this book (except the Memorandum from the German White Book

which has been published in German, though not, of course, in English)

are now published for the first time.

GERMAN ATROCITIES

CHAPTER I

INTRODUCTORY

I

THE BRITISH ENQUIRY

The second chapter of this book has already appeared in the pages of

the June issue of the _Nineteenth Century and After_. At the time of

its appearance numerous suggestions were made--notably by the _Morning

Post_ and the _Daily Chronicle_--that it should be republished in a

cheaper and more accessible form. A similar suggestion has come to us

from the Ministry of War in Paris, reinforced by the intimation that

the review containing the article was not obtainable owing to its

having immediately gone out of print. Since then an official reprint

has been largely circulated in neutral countries by the British

Government, and an abbreviated reprint of it has been published by

the Parliamentary Recruiting Committee in the form of a pamphlet. The

Secretary to the Committee informs me that considerably over a million

and a half copies of this pamphlet have been circulated.

At the suggestion of Mr. Fisher Unwin, and by the courtesy of the

editor of the _Nineteenth Century_, the article is now republished as

a whole, but with it is published for the first time a documentary

chapter containing a selection of illustrative documents, none of which

have hitherto appeared in print. For permission to publish them I am

chiefly indebted to the Home Office and the Foreign Office. Needless

to say, the original article also was submitted to the Home Office

authorities, by whom it was duly read and approved before publication.

These documents by no means exhaust the unpublished evidence in my

possession, but my object has been not to multiply proofs but to

exemplify them, and, in particular, as is explained in the following

chapter, to supplement the Bryce Report on matters which, owing to the

exigencies of space and the pre-occupation with the case of Belgium,

occupy a comparatively subordinate place in that document. This volume

may, in fact, be regarded as a postscript to the Bryce Report--it does

not pretend to be anything more.[1]

There is, however, an extremely important aspect of the question which

has not yet been the subject of an official report in this country,

and that is the German White Book.[2] It has never been published

in England, and is very difficult to obtain. There is some reason

to believe that the German Government now entertain considerable

misgivings about the expediency of its original publication, and

are none too anxious to circulate it. The reason will, I think, be

tolerably obvious to anyone who will do me the honour to read the

critical analysis which follows.

I will not attempt to prejudice that analysis at this stage. I shall

have something to say later in this chapter as to the credibility of

the German Government in these matters. It is a rule of law that, when

a defendant puts his character in issue, or makes imputations on the

prosecutor or his witnesses, as the Germans have done, his character

may legitimately be the subject of animadversion. To impeach it at this

stage might appear, however, to beg the question of the value of the

White Book, which is best examined as a matter of internal evidence

without the importation of any reflections on the character of its

authors.

As regards the value of the evidence on the other side--the English,

Belgian, and French Reports--I doubt if any careful reader requires

persuasion as to their authenticity. In the case of the Bryce Report,

the studied sobriety of its tone--to say nothing of the known integrity

and judiciousness of its authors--carried instant conviction to

the minds of all honest and thoughtful men, and that conviction was

assuredly not disturbed by the vituperative description of it by the

_Kölnische Zeitung_ as a “mean collection of official lies.” No attempt

has ever been made to answer it. As regards the French Reports, which

are not as fully known in this country as they might be,[3] I had

the honour of working in collaboration with M. Mollard, a member of

the French Commission of Inquiry, and I was greatly impressed with

their scrupulous regard for truth, and their inflexible insistence on

corroboration. My own methods of inquiry are sufficiently indicated in

the chapter which follows, but I may add two illustrations of what,

I think, may fairly be described as the scrupulousness with which

the inquiries at General Headquarters were conducted. The reader may

remember that in May of last year a report as to the crucifixion

of two Canadian soldiers obtained wide currency in this country. A

Staff officer and myself immediately instituted inquiries by means

of a visit to the Canadian Headquarters, at that time situated in

the neighbourhood of Ypres, and by the cross-examination of wounded

Canadians on the way to the base. We found that this atrocity was a

matter of common belief among the Canadian soldiers, and at times we

seemed to be on a hot scent, but eventually we failed to discover any

one who had been an actual eye-witness of the atrocity in question.

It may or may not have occurred--we have had irrefragable proof that

such things have occurred--and it is conceivable that those who saw it

had perished and their testimony with them. But it was felt that mere

hearsay evidence, however strong, was not admissible, and, as a result,

no report was ever issued.

In the other case a man in a Highland regiment, on discovering himself

in hospital in the company of a wounded Prussian, attempted to assault

the latter, swearing that he had seen him bayoneting a wounded British

soldier as he lay helpless upon the field. He was positive as to the

identification and there could be no doubt as to the sincerity of his

statements. But as one Prussian Guardsman is very like another--the

facial and cranial uniformity is remarkable--and there was no

corroboration as to identity, no action was taken. As to the fact of

the atrocity having occurred there could, however, be no doubt.

I may add that the numerous British officers whom I interrogated in

the earlier stages of the war showed a marked disinclination--innate,

I think, in the British character--to believe stories reflecting upon

the honour of the foe to whom they were opposed in the field. But

at a later stage I found that this indulgent scepticism had wholly

disappeared. Facts had been too intractable, experience too harsh,

disillusion too bitter. The lesson has been dearly learnt--many a

brave and chivalrous officer has owed his death to the treachery of a

mean and unscrupulous foe. But it has been learnt once and for all.

And, indeed, judging by the information which reaches me from various

sources, the enemy affords our men no chance of forgetting it.

II

THE GERMAN CASE--A CRITICAL ANALYSIS OF THE GERMAN WHITE BOOK

On May 10th--some five days before the publication of the Bryce

Report--the German Government drew up a voluminous White Book

purporting to be a Report on Offences against International Law in

the conduct of the war by the Belgians. It may be described as a kind

of intelligent anticipation of the case they might have to meet;

the actual case, as presented in the Bryce Report, they have never

attempted to meet, and to this day that report has never been answered.

The German White Book--of which no translation is accessible to the

public in this country--has attracted very little attention over here,

and I propose to make a close and reasoned analysis of it, for no more

damning and incriminating defence has ever been put forth by a nation

arraigned at the bar of public opinion. In doing so I shall rely on the

German Report itself and shall make no attempt to refute it by drawing

upon the evidence of the English and Belgian Reports, convincing though

that is, because to do so might seem to beg the question at issue,

which is the relative credibility of the parties.

German Invocation of The Hague Conventions.

The case which the German Government had avowedly to meet was the

wholesale slaughter of Belgian civilians, and the fact of such

slaughter having taken place they make no attempt to deny. They enter

a plea of justification and, in a word, they attempt to argue that

the _levée en masse_ or “People’s War” of the Belgian nation was

not conducted in accordance with the terms of the Hague regulations

relating to improvised resistance in cases of this kind. I will not

here go over the well-trodden ground of Belgian neutrality; it is

enough that in a now notorious utterance the Imperial Chancellor has

admitted that the German invasion was a breach of international law.[4]

The substance of the Hague Convention[5] is that the civil population

of a country at war are entitled to recognition as lawful belligerents

if they conform to four conditions. They must have a responsible

commander; they must wear a distinctive and recognisable badge; they

must carry their arms openly; and they must conduct their operations

in accordance with the laws and customs of war. In the case, however,

of an invasion, where there has been no time to organise in conformity

with this article, the first and second conditions are expressly

dispensed with, provided there is compliance with the third and

fourth. Now, not only have these rules been subscribed by the German

representatives and, according to Baron Marschall von Bieberstein,

their principal spokesman at the Hague Conference, such subscription

was absolute and unconditional;[6] but the principle which they embody

has been accepted by all the leading German jurists. “There exists no

ground for denying to the masses of a country the natural right to

defend their Fatherland ...; it is only by such levies that the smaller

and less powerful States can defend themselves.”[7] The same authority

argues that no State is bound to limit itself to its regular army; it

could, he adds, call up civil guards or even women and children, who in

such case would be entitled to the rights of lawful belligerents.[8]

What then is the German justification for the massacre of the Belgian

civilians? Its main contention is that the Belgian Government “had

_sufficient time_ for an _organisation_ of the People’s War as

required by international law”;[9] in other words that a spontaneous

and unorganised resistance in Belgium could not claim the immunities of

Article 2 of the Hague Regulations. The effrontery of this contention

is truly amazing. The Belgian Government had, at the most, two

days--two days in which to organise a whole nation for defence. The

German ultimatum to Belgium was issued on August 2nd; the violation

of Belgian territory took place on August 4th. How could a little

nation with a small standing army organise its whole population on a

military basis within two days against the most powerful and mobile

army in Europe, equipped with all the modern engines of war? The

German Government do, indeed, attempt to support their contention by

urging further that “the preparation of mobilisation began, as can be

proved, at least a week before the invasion of the German Army.”[10]

Now, granting--and it is granting a great deal--that a week would

be sufficient to organise untrained civilians for defence, it would

still remain to be proved that the Belgian Government _did_ begin to

mobilise a week beforehand. The German White Book does not prove it;

the Belgian Grey Book disproves it. The Belgian Government, relying on

the plighted faith of Germany, had not even begun to mobilise on July

29th--six days before the invasion.[11] Indeed, it was only on July

24th that they were sufficiently alarmed to address interrogatories to

the Great Powers, Germany among them, for assurances as to the immunity

of Belgium from attack.[12] As late as July 31st the German Government

effectually concealed its intentions.[13] It is, in fact, a matter of

common notoriety that the German move against Belgium was as sudden in

execution as it was premeditated in design. She entered like a thief in

the night.

Charges against the Belgian Government.

The main contention of the German Government therefore falls to the

ground. What remains? It is here that the German answer betrays itself

by its disingenuousness. There is an old rule of pleading, familiar

to lawyers, which says a traverse must be neither too large nor too

narrow. This is just the error into which the German contention falls.

The apologies are too anxious to prove everything in turn as the

occasion suits, forgetting that one of their contentions often refutes

the other. In the introductory memorandum they argue that Belgium

had time to organise and did not. In their excuse for the massacre

at Dinant, and their zeal to prove that the military exigencies

were overwhelming, they say that “the organisation”--of civilian

resistance--“was remarkable for its careful preparation and wide

extent”; “that the guns were only partly sporting guns and revolvers

but partly also machine guns and Belgian military weapons proves that

the organisation had the support of the Belgian Government.”[14]

In other words, in one part of the White Book they insist that the

resistance was ruthlessly punished because it was not organised;

in another that because it was organised it had to be ruthlessly

repressed. In another place,[15] having to justify their peculiar

principle of vicarious responsibility by which the innocent have to

answer for the guilty, they say that the Belgian Government and the

municipal hostages whom the Germans executed ought to have stopped

“this guerilla warfare,” and did not do so. Now it is well known, and

the German Government admits it, that the public authorities issued

proclamations ordering the people to abstain from hostilities and to

surrender their arms. How does the German Government meet this? The

only evidence they can produce in the whole of their pompous dossier

is (1) the deposition of a German Jew, resident in Brussels, to the

effect that, seeing the proclamation, he sent his servant to the

Belgian authorities to deliver up a revolver, and that the servant

came back and said that the Commissioner of Police had told him not to

trouble as “one need not believe everything that is in the papers”;[16]

(2) the deposition of a German lieutenant that an officer (not named)

once showed him a document (not produced), which, “according to his

own account” he had found in the town hall of a neighbouring village

(not indicated), containing an invitation on the part of the Belgian

Government, addressed to the population, to render armed resistance in

return for payment.[17] On such flimsy hearsay evidence, tendered by

two Germans, rests the whole of the German case against the Belgian

Government.

Belgian “Atrocities.”

Like a defendant who has no case, the German Government attempt to

plead generally in default of being able to plead specifically. They

therefore put forward a sweeping generalisation to the effect that,

quite apart from the question whether the Belgians did or did not

comply with the formal requirements of the Hague Convention, they

violated all the usages of war by “unheard of” atrocities. “Finally

it is proved beyond all doubt that German wounded were robbed and

killed by the Belgian population, and indeed were subjected to horrible

mutilation, and that even women and young girls took part in these

shameful actions. In this way the eyes of German wounded were torn out,

their ears, nose, fingers and sexual organs cut off, or their body cut

open.”[18] Let us consider the depositions with which this accusation

is supported.

(1) Hugo Lagershausen, of the 1st Ersatz Company of the Reserve, his

attention having been drawn to the significance of the oath, declares:

“I lost the other men of the patrol. About noon on August

6th, I came to a dressing station, which was set up on a

farm near the village of Chenée. In the house I found about

fifteen severely wounded German soldiers, of whom four or five

had been horribly mutilated; both their eyes had been gouged

out, and some had had several fingers cut off. Their wounds

were relatively fresh although the blood was already somewhat

coagulated. The men were still living and were groaning. It was

not possible for me to help them, as I had already ascertained

by questioning other wounded men lying in that house, there was

no doctor in the place. I also found in the house six or seven

Belgian civilians, four of whom were women; these gave drinks

to the wounded; the men were entirely passive. I saw no weapons

on them, and I cannot say whether they had blood on their

hands, because they put them in their pockets.”[19]

It is highly probably, is it not? Musketeer Lagershausen falls among

ghouls who hastily put their incriminating hands in their pockets and

allow him who was “entirely alone” and powerless to walk off and inform

against them. Truly they must have been some of the mildest-mannered

men who ever cut a throat.

(2) Musketeer Paul Blankenberg, of Infantry Regiment No. 165, declares:

“We were on the march in closed column and passing through

a Belgian village west of Herve. In the village some German

wounded were lying and I recognised some Jäger of the Jäger

Battalion, No. 4. Suddenly the column marching through was

fired upon from the houses, and accordingly the order was

given that all civilians should be removed from the houses and

driven together to one point. _While this was being done_ I

noticed that girls of eight to ten years old, armed with sharp

instruments, busied themselves with the German wounded. Later,

I ascertained that the ear lobes and upper parts of the ears of

the most seriously injured of the wounded had been cut off.”[20]

That is to say, a whole column of German troops is on the march in

close formation, they round up the civilians and _while they are doing

this_ some little girls continue, in presence of this overwhelming

force, to “busy themselves” by cutting up their comrades with the

contents of their mothers’ work-box.

(3) Landwehrman Alwin Chaton, of the 5th Company of the Reserve

Infantry Regiment No. 78, declared:

“In the course of the street fighting in Charleroi, as we

fought our way through the High Street and had reached a side

street leading off the High Street, I saw, when I had reached

the crossing and shot into the side street, a German dragoon

lying in the street about fifty or sixty paces in front of

me. Three civilians were near him, of whom one was bending

over the soldier, who still kicked with his legs. I shot among

them and hit the last of the civilians; the others fled. When

I approached I saw that the shot civilian had a long knife,

covered with blood, in his hand. The right eye of the German

dragoon was gouged out.”[21]

The witness adds that “much smoke was rising from the body of the

dragoon,” This is to say that a general engagement, one of the hardest

fought during the war, is going on in the middle of a town and three

civilians are discovered within fifty or sixty paces, leisurely carving

up a German dragoon! Is it credible?

(4) My fourth example is too long to quote, but in substance it is

this. Reservist G. Gustav Voigt deposes that on August 6th he and seven

comrades suddenly saw five Belgian soldiers, fully armed, holding up

their arms to surrender. When they went up to them they discovered that

the Belgians had a German hussar strung up and freshly mutilated, and

that they had two other hussars upon whom they were about to perform

similar operations.[22] Without firing a shot, these men, caught

red-handed under circumstances which made their own death inevitable,

surrender immediately.

Now I ask any unbiased reader whether these depositions, in each case

uncorroborated, are such as to carry conviction to any reasonable man?

Yet the whole of the “proofs” adduced as to Belgian atrocities are of

this character.

The Massacres--Andenne.

When we come to the justification alleged for the wholesale massacres

of communities the evidence is even more suspicious. In order to prove

the Belgians unspeakable knaves the German Government have to present

them as incredible fools. At Andenne, “a small town of a population of

about 8,000 people,” there were affrays in which “about 200 inhabitants

lost their lives.”[23] According to the German document, “two infantry

regiments and a Jäger battalion” were marching through this place when

they were set upon by the inhabitants. Two regiments and a battalion

would constitute the greater part of a brigade; they must have amounted

to at least 7,000 men.[24] We are asked to believe that this small

unprotected community (one of the German witnesses expressly says, “I

did not see one single French or Belgian soldier in the entire town

or the environs”)[25] made an unprovoked attack on this overwhelming

force, and that the women assisted with pots of scalding water. Two

hundred of the civilians were, by the German admission, shot. The

German losses were, it is added, “singularly small.” So singularly

small were they that the German Report omits even to enumerate them.

Jamoigne and Tintigny.

In another case--the village of Jamoigne--an ammunition column halted

for water. The attitude of the population “was friendly; water, coffee,

and tobacco were offered to some non-commissioned officers and men.”

Suddenly, while part of the population are standing outside their

doors fully exposed, “a general shooting” is opened upon the crowd

in the streets from the roofs and windows of the houses.[26] Is it

intrinsically probable that Belgian civilians would be so careless of

the lives of their fellow-citizens? Or take the case of Tintigny. An

artillery ammunition column is welcomed, “apparently with the best

goodwill,” assisted to water its horses, and then (but not before)

“when the horses had been again harnessed” and the opportunity for a

surprise attack had passed, the inhabitants opened fire on the whole

column.[27] Statements like these carry their own refutation with them.

The Tragedy of Dinant.

I turn to the case of Dinant, one of the most appalling massacres

that have ever been perpetrated,[28] even by the hordes of Kultur. No

attempt is made to deny the wholesale slaughter; it is freely admitted,

and with sanguinary iteration we are told again and again “a fairly

large number of persons were shot, “all the male hostages assembled

against the garden wall were shot.” Such _battues_ occur on page

after page.[29] What is the German excuse? It is that the civilian

population offered a desperate resistance. To prove how desperate it

was, and consequently to establish the “military necessity,” it has to

be conceded that they were organised. But this is proving too much,

for “organised” civilian combatants are entitled to the privileges of

lawful belligerents. Therefore it is argued that they were “without

military badges”: this phrase occurs with a curious lack of variation

in the words of each witness. It is added that women and “children

(including girls) of ten or twelve years” were armed with revolvers!

“Elderly women,” “a white-haired old man,” fired with insensate fury.

None the less--says one ingenuous German witness--“the people had

all got a very high opinion of Germany.” At intervals during the

engagement not only were groups of civilians, alleged to have arms in

their hands, shot in groups, but unarmed civilians were shot--“all the

male hostages.” In other words the whole of the German defence that

the German troops were punishing illicit _francs-tireurs_ is suddenly

abandoned. Tiring apparently of these laboured inventions, the German

staff, in a grim and sombre sentence, suddenly throws off the mask:

“In judging the attitude which the troops of the 12th Corps

took against such a population, our starting point must be that

the _tactical object_ of the 12th Corps was to cross the Meuse

_with speed_, and to drive the enemy from the left bank of the

Meuse; speedily to overcome the opposition of the inhabitants

who were working in direct opposition to this _was to be

striven for in every way_.... Hostages were shot at various

places and this procedure is amply justified.”[30]

It has been estimated that about eight hundred civilians perished in

this massacre. The German White Book freely concedes that the number

was large; indeed by a simple process of induction from the German

evidence it is clear that it was very large. It appears that a whole

Army Corps (the 1st Royal Saxon) was engaged and that the armed troops

of the Allies were encountered in force. The German troops received

a check and it seems fairly obvious that they simply wreaked their

vengeance, as they have so often done, on an unoffending population,

presumably in order to intimidate the enemy in the field. Not for the

first time they attempted to do by terror what they could not do by

force of arms.

“We gave them coffee.”

It is characteristic of the whole _apologia_ that having admitted to

an indiscriminate butchery the Germans attempt to gain credit for

preserving throughout its course the most tender sentiments. In fact

they are surprised at their own sensibility. “I have subsequently

often wondered,” says a Major Schlick, “that our men should have

remained so calm in the face of such beasts.”[31] Major Bauer says,

that he and his “manifested a most notable kindness to women, old

men and children”; so notable that he suggests that “it is worthy of

recognition in the special circumstances.” Major Bauer evidently thinks

it a case for the Iron Cross. And in proof of this humanity he points

out that the widows and orphans of the murdered husbands and fathers

“all received coffee”[32] from the field kitchen the next morning.

Perhaps Major Bauer bethinks himself of a certain cup of cold water.

The Children were “quite happy.”

More than this, the children seem rather to have enjoyed the novel

experience. A German staff-surgeon whose gruesome task it was to search

a heap of forty corpses, “women and young lads,” who had been put up

against a garden wall for execution, says:[33]

“Under the heap I discovered a girl of about five years of age,

and without any injuries. I took her out and brought her down

to the house where the women were. _She took chocolate, was

quite happy, and was clearly unaware of the seriousness of the

situation._”

And with that amazing statement we may fitly leave this amazing

narrative.

Aerschot.

The case of Dinant may be taken as typical. The evidence as to

Louvain and Aerschot is not less incredible. We are asked to

believe that at Aerschot[34] the population of a small town suddenly

rose in arms against a whole brigade, although the population was

quite unprotected--“we ascertained that there was no enemy in the

neighbourhood.”[35] To explain this surprising and suicidal impulse the

Germans produce--it is their only evidence--the statement of a Captain

Karge, that he had “heard rumours from various German officers” that

the Belgian Government, “in particular the King of the Belgians,” had

decreed that every male Belgian was to do the German Army “as much harm

as possible.” “It _is said_ that such an order was found on a captured

Belgian soldier.” Strangely enough, the order is not produced--not a

word of it. Also, “an officer _told_ me that he himself had _read_

on a church door of a place near Aerschot that the Belgians were not

allowed to hold captured German officers on parole, but were bound to

shoot them.” He adds that he “cannot repeat the words of this officer

exactly.”[36]

Louvain.

Let us now turn to Louvain. “The _insurrection_ of the town of

Louvain,” say the authors of the White Book with some naïveté, “against

the German garrison and the punishment which was meted out to the town

have found a long-drawn-out echo in the whole world.” Some twenty-eight

thousand words are therefore devoted to establishing the thesis that

the German troops in occupation of the town were the victims of a

carefully organised, long premeditated, and diabolically executed

attack on the part of the inhabitants assisted by the _Garde Civique_.

Thus:

“We are evidently dealing with a carefully planned assault

which was carried on for several days with the greatest

obstinacy. The long duration of the insurrection against the

German military power in itself disposes of any planless action

committed by individuals in excitement. The leadership of the

treacherous revolt must have lain in the hands of a higher

authority.”--Summarising Report.

Great emphasis is laid on the formidable nature of the attack and the

heavy odds against which the Germans had to contend. The fire of the

Belgians was “murderous” (D 11, D 13), “fearful” (D 9), “violent” (D

36), “furious” (D 41); it was supported by machine-guns (D 28, 29,

37, 38, 40) and hand-grenades (D 46), and was materially assisted by

Belgian soldiers in disguise (Appendix D 1, 19, 38), and by the _Garde

Civique_ (D 45, 46), who occupied houses with the most “elaborate

preparations.” In spite of this careful preparation the German troops,

who had been in the town six days and had there established the

Head-quarters of a whole Army Corps (the 9th Reserve Corps), were so

impressed by the “extraordinarily good” behaviour of the inhabitants

that on the evening of August 25th, about 7.30 or 8 p.m., they were

taken completely by surprise. “It was impossible to foresee,” says

Lieutenant von Sandt (D 8), “that the inhabitants were planning an

assault.” Other witnesses say, however, that “a remarkable number

of young men” were observed congregating in the streets some hours

beforehand. None the less the German authorities exhibited an ingenuous

trustfulness and, what is even more remarkable, a complete disregard

of the most ordinary police precautions, which will come as a surprise

to anyone who has studied the German Proclamations and the drastic

measures usually taken by them immediately upon their occupation of a

town.

A “murderous” attack; German casualties--five.

Such was the situation when at seven o’clock on a summer evening

(August 25th) of notorious memory, the deep-laid plans of the Belgian

authorities suddenly and murderously revealed themselves. A German

company of Landsturm[37] was marching through the town; the main

body of the German troops quartered there were engaged several miles

away, and only a few details remained in the city. This small body of

unsuspecting soldiers--a company numbers not more than two or three

hundred men--were suddenly set upon, at a signal given by rockets, by

trained marksmen of the Belgian Army and the _Garde Civique_, disguised

as civilians, acting with the aid of machine-guns and hand-grenades and

actively assisted by the greater part of a large civilian population.

The fire, as various soldiers of the Landsturm testify, was not only

carefully controlled and directed, but was “murderous” in the extreme.

Yet, after carefully searching through their depositions, we find that

only “_five men of the company were wounded_” (D 8)! Lieutenant Sandt

and Dr. Berghausen feel constrained to explain these remarkably light

casualties. They can only account for them by saying that in spite of

the “carefully planned” and disciplined attack the Belgians, shooting

from carefully chosen positions, shot “too high” (D 8), “at night” (D

8, D 9) although the light at eight o’clock on an August evening is

usually remarkably good, and one of the witnesses (D 26) says that at

8 p.m. it was “fairly light.” The company appear to have disarmed the

infuriated Belgians with remarkable ease, going into the houses two or

three at a time (D 9), and finding the occupants apparently as docile

as sheep, so that although found with arms in their hands they allowed

themselves to be led out in “a crowd” and “immediately shot” (D 44).

In one case, on entering an inn, the Germans found “behind the bar, a

waiter,” who had apparently taken up this strong strategical position

alone with “a case for shot placed by his side with the corresponding

ammunition.” He also allowed himself to be led forth like a lamb to the

slaughter (D 37).

Contradictory witnesses.

It is extraordinary also that although this murderous and carefully

planned attack began at 7.30 “I had just finished my soup,” says Major

von Manteuffel, who sat down to dinner at 7.30--(Appendix D 3), or at

8 p.m. (D 6), yet at 9 p.m., says Corporal Hohne, who entered the town

with his regiment at that hour (D 36), “the conduct of the civilians

was quiet and not unfriendly,” and his regiment was allowed to march

right into the town--“up till then nothing noteworthy had occurred.”

A N.C.O. of the same battalion says that “between 9 and 10 p.m.” the

Belgians were standing about the streets; all was “quiet,” and they

were “not unfriendly” (D 36). Another witness heard nothing till “9 or

9.30” (D 25). Another says (D 45) the signal was given at “9 o’clock.”

To the same effect another soldier (D 18). What is even more remarkable

is the statement of Major von Klewitz that at 4 a.m. the next morning,

after the Landsturm had cleared the houses, the infatuated inhabitants

opened fire on an Army Corps which appears to have arrived in the

interval and was then “moving out to battle” (D 2); and the presence

of a whole brigade of Landwehr (D 1) does not seem to have exercised

any restraining influence on these insane civilians. Like flies to

wanton boys was a whole Army Corps to the burgesses of Louvain, who

killed it for their sport. The German authorities contend that, with

intermittent executions, they tolerated this kind of thing for two

whole days. They appear, however, to have borne a charmed life--the

chief casualties among them were horses. Battalion Surgeon Georg

Berghausen, in particular, who records as a remarkable fact that he

once paid a hotelkeeper (“to please him and his employees”) for meals

he had ordered, was “repeatedly shot at” the whole length of a street

but never so much as hit. He thinks this was due to its being so dark,

though whenever the witnesses are concerned to testify that the firing

was undoubtedly by civilians, or by soldiers disguised as such, they

can see “quite plainly.”

The Priests.

Never since the Day of Pentecost was there such a confusion of tongues.

One witness labours to prove that no executions took place without a

most decorous court-martial in the station square, the same soldier

combining apparently the office of prosecutor and judge (D 38); another

says that of “a crowd” of persons taken out of a house, the males were

“immediately shot” (D 44); yet a third says that a body of hostages

were placed in front of a machine-gun with an intimation that they

would be shot as a matter of course if there were any more disturbance

(D 37). It is admitted that a hundred civilians were shot, “including

ten or fifteen priests” (D 38). One German witness says it is all the

fault of the priests (D 38); another says it’s the fault of the _Garde

Civique_ (D 45)--both being apparently at some pains to exculpate the

unhappy civilians. The quality of the evidence against the priests (and

the civil population) may be gathered from the following deposition (D

42) of Captain Hermansen. He interviewed a priest who, he says, had

behaved well on one occasion:

“I rejoined that if his clerical brethren had acted in that

[the same] manner, the Belgians and we would have been spared

many unpleasant experiences. _He did not contradict me._”--(D

42.)

In witness whereof Captain von Vethacke comes forward and says:

“In so far as priests were shot they too had been found guilty

by the court. I came to know the priest mentioned by Captain

Hermansen at the end of his declaration. He made an excellent

impression on me also; and _he did not contradict me either_,

when I expressed to him my opinion that certain of the clergy

had stirred up the people and taken part in the attack.”--(D

43.)

Truly, a remarkable example of the _argumentum ab silentio_! Perhaps

the unfortunate priest remembered what happened to Faithful when he

contradicted Chief Justice Hategood.

All the evidence adduced, where it is not that of the German soldiers,

is of this character. It is all hearsay, the Belgian witnesses quoted

are invariably anonymous, and there are only five of them at that (D

30, 34, 37, 38, 42). At Bueken “the clergymen” are accused of having

incited the population to attack the German troops. The proof adduced

is that the priest “left the church” when the firing began!

What is the true explanation?

One thing emerges quite clearly from these disorderly depositions

and that is a great confusion of mind. The evidence from Belgian

sources, very carefully sifted by a Committee[38] (presided over by

Sir Mackenzie Chalmers) of the Belgian Commission and, independently,

by the Bryce Committee,[39] is to the effect that two detachments

of German troops fired on one another and then threw the blame on

the innocent inhabitants. This explanation certainly receives some

countenance from the German depositions, which, as I have said,

exhibit a kind of turbulent confusion. The N.C.O.‘s of two battalions

which entered the town at 9 p.m. say “the noise and confusion was

very great,” and “to what extent our fire was returned I cannot say”;

“we shot the street lamps to pieces”; “our opponents were not to be

seen since it was already dark,” and “we only saw the flash of the

discharges and _supposed_ that they came from the houses” (D 36, 37);

and here again, as in the case of the company of Landsturm previously

referred to, only “five men” were known to be hit. During the greater

part of the day (August 25th) there was only[40] one company of

Landsturm and sixty men of a railway detachment in the town (D 8).

It is surely rather remarkable that “a well-prepared and elaborately

designed attack on the part of the civil population” (D 41) should

have halted all day and then begun either at or a short time before

(the German evidence is, as we have seen, very conflicting) German

reinforcements were entering the town, and then tarried again until

the whole or the greater part of a German Army Corps had arrived: the

only thing that the German evidence proves is the sinister fact that

the arrival of each detachment of German forces coincided with renewed

massacres of the civilian population. Such is the ugly story that

emerges from these ill-nourished and contradictory testimonies.

Such is the German White Book. I think it is not too much to say that

it bears the stamp of the forger’s hand upon it, the same hand that

forged the Ems telegram and garbled the Belgian documents captured in

Brussels. It was conceived in iniquity and brought forth in falsehood.

It confesses, but does not avoid.

III

GERMAN CREDIBILITY--A REVIEW OF THE EVIDENCE

The German Diaries.

I have allowed the German White Book to speak for itself. It is a

well-known rule of law that a party is “estopped” from denying his own

admissions, and the incriminating character of these admissions is, as

we have seen, conclusive against the German Government. Had I desired,

I could have reinforced it by other evidence, also emanating from

German sources, in the shape of Proclamations and diaries (of which I

have seen some hundreds at the Ministry of War in Paris), which amply

corroborate the conclusions already arrived at. The German pretence

of a judicial inquiry into the guilt or innocence of the victims of

their sanguinary fury is refuted by the simple fact that their own

Proclamations frankly intimate that the principle of decimation and

of vicarious punishment will be adopted, in the case of infractions,

whether real or assumed, of what they choose to call their commands.

A hostage may fail to turn up as a substitute, an inhabitant may be

found with a litre of benzol unaccounted for, another may dig potatoes

in the field, yet another may fail to salute or to hold his hands up

with sufficient promptitude--and the penalty decreed is invariably the

same: he, or a substitute, will be shot--“the innocent will suffer

with the guilty.”[41] Not only so, but as a rule no attempt was

made to discover whether any offence had been committed or not. In

the diary of a German officer which came into my possession an entry

recording the undiscriminating butchery of some two hundred civilians

concluded with the otiose remark: “In future there ought to be an

inquiry into their guilt instead of shooting them.” An unpublished

Proclamation in my possession, which was handed to me by the _maire_ of

a town now in our occupation, declared that the civils, “ou peutêtre

les militaires en civil,” had fired on the troops; the parenthesis

damns its authors beyond redemption. And when all other tests fail,

when every international convention has been repudiated, there still

remains the elementary rule, which not only jurists but soldiers have

always emphasized, that in reprisals and retribution there should

always be some _proportion_ between the offence and its punishment.

What then is to be thought of the admission of a German soldier that

sixty villagers, including women in travail, were shot “because,” he

adds laconically, “they had telephoned to the enemy”? The critic who

carefully collates the diaries, published and unpublished, will find

overwhelming evidence of indiscriminate and lawless butchery--“Befehl

ergangen sämtliche männliche Personen zu erschiessen.... Ein

schrecklicher Sonntag” (Order passed to shoot all the male

inhabitants.... A frightful Sunday); “Ein schreckliches Blutbad” (A

frightful blood-bath); “Sämtliche Rechtsnormen sind aufgelöst” (All the

rules of law are cast to the winds). And nothing is more instructive

than to observe how each lays the blame for the worst outrages upon

the other, while incidentally admitting those of his own unit. One

says, “It’s the infantry who are to blame”; another says, “The pioneers

are the worst and those brigands of artillerymen”; a third writes,

“It’s all the fault of the transport.” The cumulative effect of these

recriminations is to inculpate the whole.[42]

German Credibility.

Quite apart from this inductive evidence there is the fact that the

German Government is so tainted with the infamy of indisputable

mendacity that no sober and impartial man can credit a single word

of what it says. It has deliberately forged Belgian documents which

have come into its possession in order to make out a case against the

Belgian Government;[43] it has repeatedly broken faith with the British

Government and the Vatican;[44] it has abused the Geneva Convention

in order to make use of a hospital ship as an instrument of war.[45]

Berlin itself is one great factory of lies, and its official Press

service, to quote the words of our Ambassador, “a vast system of

international blackmail.”[46] As is the Government, so are the people.

Its merchants forge manifests and falsify bills of lading in order

to secure the immunity of their property from capture at sea.[47] A

journal under German control[48] has admitted that the stories of

mutilation so industriously circulated by the German Government and

its agents are entirely the product of hysterical “suggestion.” Often

its pretexts are a shameless afterthought. In co-operation with the

French authorities I was instrumental in tracking down a now notorious

order issued by a German Brigadier-General to butcher all the wounded

who fell into German hands. At first its authenticity was denied by

the German Government, but, when it was established beyond doubt, they

published a statement that a similar order had been issued by one of

our own Generals some twelve months ago. The excuse was as belated as

it was mendacious, and to this day not the slightest proof has been

adduced in support of it.

The German authorities seem to suffer from a malady which can only

be described as moral perversion. It is a kind of moral insanity. In

defending the sinking of the _Lusitania_ with its freight of innocent

women and children the German Government wrote:

“The case of the _Lusitania_ shows _with horrible clearness_ to

what jeopardising of human lives the manner of war conducted by

our adversaries leads.”[49]

This affectation of horror at the consequences of its own crimes and

the imputation of the guilt of them to others is surely one of the

most remarkable revelations of the moral obliquity of the German mind.

Yet it by no means stands alone. The Proclamations, issued in Belgium,

threaten the inhabitants with fire and sword, the scaffold and the

firing-party, for the least infraction of the most trivial regulations,

and then conclude with the aspersion that by such infraction they will

commit “the horrible crime” of compromising the existence of a whole

community and placing it “outside the pale of international law.”[50]

The man who omits to put his hands up with acrobatic promptitude will

“make himself guilty” of the penalty of death. All through the German

utterances there runs an infatuated obsession that the Germans enjoy

a kind of moral prerogative in virtue of which they are entitled to

violate all the laws which they rigidly prescribe for others.[51] We

have lately had an example of this which is of supreme horror. The

Power which has broken all laws, human and divine, sought to dignify

its condemnation of Edith Cavell with all the pomp and circumstance

of a tribunal of justice. While thousands of ravishers and spoilers

go free, one woman, who had spent her life in ministries to such as

were sick and afflicted, was handed over to the executioner. Truly,

there has been no such trial in history since Barabbas was released and

Christ led forth to the hill of Calvary.

The Guilt of the German People.

It is the fondest of delusions to imagine that all this

blood-guiltiness is confined to the German Government and the General

Staff. The whole people is stained with it. The innumerable diaries

of common soldiers in the ranks which I have read betray a common

sentiment of hate, rapine, and ferocious credulity.[52] Again and again

English soldiers have told me how their German captors delighted to

offer them food in their famished state and then to snatch it away

again. The progress of French, British, and Russian prisoners, civil

as well as military, through Germany has been a veritable Calvary.[53]

The helplessness which in others would excite forbearance if not pity

has in the German populace provoked only derision and insult.[54] The

“old gentleman with a grey beard and gold spectacles” who broke his

umbrella over the back of a Russian lady (the wife of a diplomatist),

the loafers who boarded a train and under the eyes of the indulgent

sentries poked their fingers in the blind eye of a wounded Irishman

who had had half his face shot away, the men and women who spat upon

helpless prisoners and threatened them with death, the guards who

prodded them with bayonets, worried them with dogs, and dispatched

those who could not keep up--these were not a Prussian caste, but the

German people. What is to be thought of a people, one of whose leading

journals publishes[55] with approval the letter of a German officer

describing “the brilliant idea” (ein guter Gedanke) which inspired him

to place civilians on chairs in the middle of the street of a town

attacked by the French and use them as a screen for his men, in spite

of their “prayers of anguish.”

New Russian Evidence.

This question of the culpability of the German people, civilians and

soldiers in the ranks, as distinct from the German Government, is one

of supreme importance, and I would like to draw the reader’s attention

to the mass of unpublished evidence (from which some selections are

given in Part VI. of the Documentary Chapter of this book) placed at my

disposal by the Russian Embassy. In addition to the documents I have

printed in that chapter--I refer the reader to No. 7 in particular--I

will here quote the following unpublished deposition as to the conduct

of the German guards in a prison camp. These barbarities, it should

be remembered, were not done in the heat of action, but represent

the leisurely amusement of guards whose only provocation was the

helplessness of the famished men in their charge.

“In their leisure moments the German soldiers amused themselves

with practical joking at the expense of the prisoners. They

announced that an extra portion of food would be given out,

and when the Russians hurried to the kitchen, a whole pack of

dogs were let loose on them. The animals flew at the prisoners

and dispersed them in all directions, while the Germans looked

on and roared with laughter. Sometimes the prisoners were

offered an extra ladle of soup, or piece of bread if they would

expose their backs to a certain number of blows with a whip.

Our hungry and tormented soldiers often bought an extra piece

of bread at this price, and it was thrown to them as if they

had been dogs.”

The Germans appear in the case of the Russian, as in that of the

British, Belgian, and French prisoners, to have taken a malignant and

bestial delight in outraging their feelings of self-respect, and men

were herded together day and night in cattle-trucks deep in manure,

and forced to perform their natural functions where they stood, packed

together so close that they could not sit and dared not lie down. At

each station they were exhibited like a travelling menagerie to the

curiosity and insult of the populace. The quality of mercy was not

shown even where one might most expect to find it, namely, at the hands

of the German surgeons and nurses who wore the Red Cross. Here is the

deposition of Vasili Tretiakov:

“Having received no food for two days, the Russian prisoners,

who fully expected to get some bread at this station, were

gazing with hungry and longing looks into the distance, when

they saw women dressed as Sisters of Mercy distributing bread

and sausages to the German soldiers. One of these Sisters went

up to the truck in which I was standing, and a Russian soldier

at the door stretched out his hand for something to eat, but

the woman simply struck it and smeared the soldier’s face with

a piece of sausage. She then called all the prisoners ‘Russian

swine’ and went away from the side of the train.”

Well may the Russian Government say in their covering communication

that “the forms of punishment”--if we can speak of punishment when no

offence had been committed--“remind one of the tortures of the Middle

Ages.” Other documents in my possession recite how the prisoners were

harnessed to ploughs and carts, like cattle, and lashed with long

leather whips; how a man who fainted from exhaustion was immediately

bayoneted, while another who fell out of the ranks to pick up a rotten

turnip shared a like fate; how wounded men were forced to stand naked

for hours in the frost until gangrene set in, tied up for hours to

posts with their toes just touching the ground until, the blood rising

to the head, copious hæmorrhage took place from the nose, mouth, and

ears; how yet others who, exhausted with hunger and fatigue, could not

keep up on the march were bayoneted or clubbed where they lay. As for

the conduct of the German populace let the following speak for itself:

“The peaceful inhabitants along the routes traversed in

Germany showed the greatest hostility towards the prisoners,

whom they reviled as ‘Russian swine and dogs.’ Women and even

children threw stones and sand at them, and spat right in

their faces.... Even the wounded men were not spared by these

demented Germans who struck them, pulled their moustaches, and

spat in their faces.”

The German Ideal--Europe in Chains.

The conception of the educated classes of Germany as to the future

of Europe we have on record: it is to be a tributary Europe, vast

satrapies of subject populations more rightless than the mediæval

villein, their language proscribed, their liberties disfranchised,

their commerce prohibited, their lands expropriated, hewers of wood and

drawers of water for the conqueror. The ill-disguised slavery under

which Belgium[56] and the occupied French Departments[57] groan to-day

is to be perpetuated. The small nations of Europe are to exchange

the protection of Europe for the suzerainty of Germany and to live

under the German “shield.” Their territories are to be to Germany

what the provinces were to Rome at her worst--great praedial estates,

the peasantry of which are either to be “cleared” or to remain as the

menials of the conqueror. The German dream is the dream of the Latin

historian who sighed for more provinces to conquer in order that

liberty might be “banished from the sight”[58] of those already under

his heel. What Germany cannot annex she will ruin, so that borne down

by heavy indemnities France shall never be able to lift her head again.

Such are the “terms of peace” proclaimed by the German Professors, a

body of men who, it should be remembered, in Germany hold their chairs

at the pleasure of the State and are, in fact, a branch of the Civil

Service. They therefore speak as men having authority.[59]

A Moral Distemper.

I have been told that there are still some individuals in England who

cherish the idea that this vast orgy of blood, lust, rapine, hate,

and pride is in some peculiar way merely the _Bacchanalia_ of troops

unused to the heady bouquet of the wines of Champagne or, stranger

still, that it is the mental aberration of a people seduced by idle

tales into these courses by its rulers. It is no part of my task to

find explanations. But if the reader is astonished, as well he may be,

at the disgusting repetition of stories of rape and sodomy let him

study the statistics of crime in Germany during the first decade of

this century, issued by the Imperial Government; he will find in them

much to confirm the impression that the whole people is infected with

some kind of moral distemper.[60] The seduction of a people by its

rulers is impossible; such hypnotic susceptibility to the influences

of “suggestion” would, of itself, be a symptom of mental degeneration

in the people itself. It is impossible to believe that the most highly

educated nation in Europe is either so ignorant or so credulous as

such an explanation would suggest. It is not in their ignorance

but in their turpitude that the clue to these barbarities is to be

found. This is a sombre fact which has to be faced or these appalling

records will have been sifted and published in vain. The problem of

explanation is ultimately one for the anthropologist rather than the

lawyer, and there may be force in the contention of those who believe

that the Prussian is not a member of the Teutonic family at all, but

a “throw-back” to some Tartar stock. Certain it is that he exhibits

an insensibility to the feelings of others which is only equalled by

his extreme sensitiveness as to his own.[61] This morbid insensibility

is, of course, the secret of German “Terrorism,” and of the immense

influence which it has exerted on the theory and practice of war among

the German nation. It explains their singular ingenuity in finding

means to an end, and between the German trooper who dips a baby’s head

into scalding water in order to get more coffee from its mother[62]

to the commandant who at the point of the bayonet thrusts a living

screen of priests, old men, and women with babes at the breast[63]

between his own troops and those of the enemy there is a difference of

degree rather than of kind. Similarly the dark passage in the German

War Book which hints that there may be occasions on which it will be

profitable to massacre prisoners of war reveals the same quality of

mind as the order to shoot helpless sailors who are struggling for

their lives in the sea.[64] All things are lawful which are expedient,

and if your enemy has ties of affection, the better he lends himself to

your belligerent exploitation. _Mentem mortalia tangunt_--human things

touch the heart--acquires for the German Staff a new and sinister

significance. Every tender feeling that their enemy has becomes a

hostage for his tractability, because it can be violated if he is

contumacious. His churches can be profaned, his priests murdered, his

boys driven into exile, his women-folk handed over to the lust of a

licentious soldiery, and his home destroyed. If his troops defeat one

in the field, the civilian population can be made to pay for it with

their lives,[65] so that eventually he may be disarmed not by defeat

but by horror. His own humanity will be his undoing. Not fear but

anguish will bring him to his knees.

This is the German doctrine, secreted in the pages of many a German

manual,[66] and now published to the world in the German Proclamations

and the evil deeds which they both excuse and provoke. This it is which

has made the German nation, in the words of Lord Rosebery, “the enemy

of the human race,” and has caused the very name of this bestial and

servile people to stink in the nostrils of mankind.

IV

THE FUTURE OF INTERNATIONAL LAW AND THE QUESTION OF RETRIBUTION

The Dissolution of Europe.

Many years ago the most distinguished of the modern school of French

historians wrote a remarkable essay on the subject of “Diplomacy and

Progress.”[67] He knew Europe as few had known it; he had spent his

life in its chancelleries and its archives, and his wisdom was only

equalled by his knowledge, for he had studied not only books but men.

In that essay he speculated as to the effect of the progress of

mechanical invention in the arts of war upon the prospects of European

peace, and he confessed to a mournful depression. But the source of

his apprehension was not Europe but Asia. He foresaw the possibility

of some potent Oriental nation awaking from its secular meditations

and applying itself in a single generation to an apprenticeship in

those mechanical arts which are no longer the peculiar mystery and

the prerogative of the Western world. A nation thus acquiring the

destructive resources of the West, while retaining the peculiar

morality of the East--its ruthlessness, its contempt for human

life, its sombre fatalism, its indifference to personal liberty,

its chicanery, its love of espionage--might, he apprehended, fall

upon Europe in a catastrophic assault as unforeseen as it would be

unprovoked, and threaten her with destruction.

The catastrophe has fallen, but the foes of Europe have been those of

her own household, and we have discovered with a shock of dismay that

the comity of European nations has harboured a Power which is European

in nothing but in name, and is more completely alien to Western ideals

than the tribes of Afghanistan. A hybrid nation of this type which is

intellectual without being refined, which can discipline its mind but

cannot control its appetites, which can acquire the idiom of Europe and

yet retain the instincts of Asia or rather of some pre-Asiatic horde,

presents the greatest problem that has ever perplexed the civilisation

of man. It is like an intellectual savage who has learnt the language

and studied the dress and deportment of polite society, but all the

while nurtures dark atavisms and murderous impulses in the centres of

his brain. The subtle danger of the presence of such a nation in the

European comity is that it uses the language of that international

society, and yet all the while means something different, and that with

every appearance of solemn subscription to its forms and treaties it

is making mental reservations and “economies” which strike at the very

root of them.

The Casuistry of the Intellectual Savage.

In the hands of such a nation an international convention is not merely

idle and impotent; the convention itself becomes positively dangerous,

simply because it can be perverted. It can be used to invest the most

barbarous acts with a specious plausibility, and can be turned against

the very people whom it was designed to protect. Any one who takes the

trouble to study the official proclamations of the German military

authorities, or the introductory memorandum to the German White Book,

cannot fail to be struck by this. A civilian who fires on the enemy

forfeits under international law the privileges of a non-combatant.

The rule means as much as it says, and no more; it does not impose on

a civil community the obligation to prove that it is a non-combatant.

But in nine out of ten German proclamations the rule is invoked as

an excuse for involving a whole community in responsibility with

their lives for the acts or omissions, real or alleged, of single

individuals--“the innocent will suffer with the guilty”[68]--and the

“law of nations” is invoked to put a whole population “outside the

pale” of it.[69] At one stroke we are carried back to the days of

the blood-feud and of vicarious punishment, and the law of nations

is perverted from an instrument of progress to an organon of bloody

sophistries. So, too, the Hague Convention which requires that

requisitions of supplies should not be made without giving receipts

is observed in the letter and violated in the spirit; receipts are

given, but they are forged. The obligation of a treaty guaranteeing the

neutrality of Belgium is admitted, but a false charge and a falsified

document is advanced to justify its breach. A brigade order to kill

all prisoners is first denied, and then when denial becomes futile,

a fictitious order of a prior date is alleged against us in order to

dignify the real order with the sanction of “reprisals.” Defenceless

merchantmen are attacked and sunk at first sight, and then when they

carry guns for their protection their precautions for defence are used

as a retrospective pretext for attack. The same curious casuistry is

invoked to excuse the attacks on Scarborough and London, and the Hague

Convention is interpreted, in defiance of its authors, to support the

plea that whatever barbarity is not expressly prohibited is thereby

condoned.

Germany as a Moral Pervert.

It is this terrible perversion, this prostitution of words until,

to quote a classical expression of Thucydides, they have lost their

meaning in relation to things, that seems to me the most intractable

problem that we have to face. To my mind it is this pathological aspect

of the German temperament which presents a far more serious obstacle

to a restoration of the European comity based on the readmission of

Germany to membership than the German dogma of war. You may, perhaps,

extirpate a dogma but you cannot alter a temperament. To regard Germany

as the misguided pupil of a military caste which alone stands in the

way of her reformation seems to me to ignore the volume of evidence as

to the complicity of officers and men in those orgies of outrage. I

cannot avoid the conclusion that the whole people is infected with a

kind of moral distemper.

“Look, Madame,” said a German soldier to a French woman who

witnessed the execution of three poor travellers who with their

hands tied behind their backs with napkins were led into a

field close to her house and shot by six soldiers under the

command of a German officer, “Look! isn’t it fine! See them

shoot some French civilians. A fine feat that! All the others

ought to be killed in the same way.”[70]

The sentiment is typical; German diaries are full of such things.

Nor is it reasonable to suppose that the kind of teaching which has

made Clausewitz and Treitschke and Bernhardi the gospel of the German

people, and has found authoritative expression in the German War Book,

could have commanded the prestige which it does command in Germany if

it had not found a people apt and eager by temperament to receive it.

Germany stands alone among modern nations in extending its official

conception, and even its academic analysis[71] of war, to include the

deliberate “terrorization” of non-combatants. She alone has taught,

both by precept and example, that there are no limitations to what

is justifiable by the exigencies of war. “_C’est la guerre_” is the

common answer of German officers when implored by the victims to

stop the lust and rapine of their men.[72] It follows from all this

that war as taught and practised by the Germans exceeds in savagery

even the practices of the ancient world, in which it was thought

the mark of barbarism to poison wells, desecrate temples and murder

priests--practices which the Germans have not hesitated to pursue.

Incitement to assassination, which was thought a mean and dishonourable

thing by the Roman mind,[73] is specifically recommended in the German

War Book.

In the ancient world the vanquished were regarded as rightless, and

whole populations were sold into slavery after they had been decimated

by the slaughter of their leading citizens. The German practice is

not intrinsically different; municipal magistrates, parish priests,

and one in three of the civil population have been butchered, many

civilians carried off to Germany to work in the fields, and those who

are left behind forced to dig trenches for their captors while their

wives and daughters are handed over to the lust of the soldiery, and

their movable property transported. It is difficult to see how this

differs in anything but name from the tragic fate of those unhappy

communities who in the laconic phrase of the ancient world passed _sub

corona_ and were sold by auction. All this differs from the practices

of the ancient world in nothing except a certain affectation, the one

concession to modern sentiment being a studious defamation by the

Germans of the people whom they ravish and despoil. It seems to me that

bad as the German crimes are the German justification for them is even

worse. For it betrays a real corruption of mind. The ancients were

often brutal but they were never hypocritical.

The Bankruptcy of The Hague Conventions.

What hope then can there be of a restoration of the comity of European

nations, and the re-establishment of the Hague Conventions? I confess I

can see none. The German Empire was conceived in duplicity and brought

forth in war, and three times within living memory, as Sir Edward Grey

has reminded us, she has wantonly provoked war in Europe in pursuance

of her predatory designs. I can see no way out of the present travail

except an armed peace, with the elimination as its basis for a long

time to come of Germany from the councils of Europe. What hope of

understanding can there be with a nation which does not observe the

ordinary rules of diplomatic intercourse, that _jus fetiale_ which

even the ancient world regarded as sacred? The world has seen with

stupefaction--there has, I think, been no such case for hundreds of

years--the Ambassador of the Austrian Government taking advantage of

his immunities and sovereign character to suborn seditious conspiracy

in the State to which he was accredited?[74] It is difficult to believe

that this case now stands alone. Conventions with such a Power are

both a delusion and a snare. They delude us with an appearance of

agreement where none exists. In unscrupulous hands, the more precise

and technical they are, the more do they lend themselves to casuistry,

adding, as some one has said, the terrors of law to the horrors of war.

I am afraid that such conventions are now hopelessly discredited. I

doubt if we shall hear very much in future of the distinction between

combatants and non-combatants, or of the sanctity of the _levée en

masse_ as a medium of lawful transition from the one to the other;

he who studies the German White Book on hostilities in Belgium will

see how easily a belligerent, if he be so minded, can dispose with a

quibble of the obligations to respect an improvised force which has

“no time” to organise. A belligerent contemplating a sudden attack

and a belligerent having to meet it will entertain very different

conceptions as to what is meant by “no time.” War has, indeed, come to

be, as von der Goltz prophesied it would be, a war not between armies

but between peoples, and we are further than ever from the oft-quoted

maxim of Rousseau that “War is not a relation of Man to Man but of

States to States,” in which particular individuals are enemies only by

the accident of a uniform. That was the voice of Individualism; but

States grow more and more collectivist, and never so collectivist as in

war. If, as an eminent writer has remarked, “out of the inner life of a

nation comes its foreign policy,” so, we may add, out of its municipal

law, its military usages, and its economic necessities will come its

construction of international law.

The Effect on International Law.

It surely cannot be too clearly recognised that Germany’s successive

violations of the laws of war have brought the whole fabric down like a

house of cards. When the Germans began to sink neutral merchantmen by

way of vindicating what they were pleased to call the freedom of the

seas, England was forced to jettison much of that famous Declaration

of London, which seemed at one time to be as complete an expression

of a consensus of international opinion as the world of jurists had

yet attained. We have gone further, as we were bound to do, and have

so extended the theory of blockade as to qualify very considerably the

Declaration of Paris. The Foreign Office has supported these departures

by the logic of reprisals--in my humble opinion very properly--but

“reprisals” are, juridically speaking, a kind of counsel of despair.

In books on international law they receive a kind of shame-faced

recognition; their place is always at the end and the chapter devoted

to them is often brief and generally apologetic. For the jurist knows

that they partake of the character of law about as much as trial by

battle. The voice of America is a voice crying in the wilderness; both

groups of belligerents deny the American contention that peace, and

with it the commerce of neutrals, should govern the construction of the

rules of war. How can it be otherwise in a struggle for existence? I

very much doubt whether, for a long time to come, international lawyers

can afford to assume, as they have been in the habit of doing, that

peace, not war, is the normal conditions of nations. A nation which

like Germany will not admit your major premises will certainly reject

your conclusions when it suits her convenience. The dilemma therefore

is inexorable: we can readmit Germany to international society and

lower our standard of International Law to her level, or we can exclude

her and raise it. There is no third course.

These are the hard facts to which any one who attempts to take stock

of the present situation and immediate prospects of International

Law must address himself. International Law rests on a reciprocity of

obligation; if one belligerent fails to observe it the other is, as a

mere matter of self-preservation, released from its observance towards

him, and is bound not by law but by morality, by his own conception

of what he owes to his own self-respect. It is well that our own

conception has been rather in advance of International Law than behind

it, and long may it so remain. But in proportion as our conception is

high and the German conception is low, it seems to me incumbent on us

to place our hopes for the future in the strength of our right arm and

in that alone. And if, in Burke’s noble phrase, we are to consider

ourselves for the future “embodied with Europe” so that, sympathetic

with the adversity or the happiness of mankind, we feel that nothing

human is alien to us, then we must be prepared to support our treaty

guarantees of the independence of the small nations with an adequate

armed force; otherwise they will regard our friendship as an equivocal

and compromising thing. If we are to offer them the protection of

Europe in place of the suzerainty of Germany, we must be in a position

to honour our promissory notes or they will indeed be but a scrap of

paper--a cruel and otiose encouragement to the weak to defy the strong.

The German as Outlaw.

As for Germany, I can see little hope except in a sentence of

outlawry. Mere black-listing of the names of responsible German

commanders, although worth doing (and I have reason to believe that at

the French War Office it is being done) with a view to retribution,

is not going to change the German character. We shall have to revise

our notions of both municipal and international law as regards her.

The tendency of English law has long been, as an acute jurist has

pointed out,[75] to lay more emphasis on domicile than on nationality,

the disabilities of the alien have been diminished almost to

vanishing-point, and British citizenship itself could be had almost for

the asking. Not of it need the alien knocking at our hospitable doors

say, in the words of the chief captain, “With a great sum obtained I

this freedom.” It has been made disastrously cheap. All that is likely

to be changed. It is not a little significant that already the courts

have begun to take judicial notice of the peculiar morality of the

German and have expressly made it the basis of a decision extending the

conception of what constitutes a prisoner of war.[76] And alone among

the emergency legislation the drastic Aliens Act is not limited in its

preamble, as are the other Acts, to the duration of the war. These

things are portents. It is impossible to believe that a revolution

more catastrophic than anything through which Europe has passed, a

revolution beside which the French Revolution assumes the proportions

of a storm in a tea-cup, can leave our conceptions of law, whether

municipal or international, unchanged.

* * * * *

Conclusion.

I make no apology, and I trust that none is needed, for these

speculations. Reports of atrocities can serve no useful purpose unless

they move men to reflect no less resolutely than deeply upon what is to

be done to deliver Europe from the scourge of their repetition. It may

well be that my own reflections will seem cynical to one, depressing

to another, arbitrary to a third. They are not the idols of the

theatre, and in academic circles they may not be fashionable. But the

catastrophe that has disturbed the dreams of the idealogues must teach

jurists and statesmen to beware of the opiate of words and sacramental

phrases. That, however, is a task which belongs to the future. The

immediate enterprise is not for lawyers but for our gallant men in the

field. They, and they alone, can lay the foundations of an enduring

peace by an unremitting and inexorable war. They are the true ministers

of justice.

German Atrocities: An Official Investigation · 第 1 / 5 章