Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1919-04-11
RESPONSIBILITY FOR WAR

1t has been decided, at least tentatively, that-the
matter Of responsibility for the war shall be investigated
by some commission or court. the identity of which is to
be announced later. 1t is taken for granted in the press
dispatches that this will amount to a trial Of the former
Kaiser. and it is to be expected that other individuals
will also be included. No intimation is given as to the
steps which are proposed to compel an appearance Of the
former emperor Of Germany before such a court. 1t is
entirely probable that the government Of Holland would
be glad to be rid Of HIS presence. but it is also to be a.
sumed that SO long as he is within its jurisdiction the
Dutch government will give him such protection as it
can, and will set forth any reasons which exist why he
should not be surrendered to the custody of others. 1t
may be noted in passing that in tho opinion of some Of
the best students Of international law the former Kaiser
can not be tried for beginning the war. There is no in
ternational law which covers the point. Each nation is
a law unto itself as to the sufficiency Of cause for inaugu-
rating warfare. 1t may declare war at its pleasure upon
any other nation, and If there exists a supposition in in.
ternational law that war must not be started without
sufficient cause, that supposition, If it exists, would be
offset by the parallel assumption that the nation which
in the exercise Of its own sovereignty begins war is con-
vinced Of its justice of its cause. There has never been
a tribunal before which the sufflciency Of the cause of
warfare could legally be investigated. nor is there such
a tribunal now. There is not a syllable or law bearing on
the subject. What applies to responsibility for beginning
the war does not apply in this respect to the manners in
WAACu lc OpeIdIIOu o I II war are COn0uCteQ. Many OF
these matters are covered very thoroughly by interna-
tiona law which has been formulated and expressed by
all civilized nations. For the violation of these provisions
the offender can be called to answer. Hence, while VIII
liam OF Hohenzollern can not be tried for starting the
war he can be tried as to the responsibility Tor outrages
committed during its progress in violation of the specific
provisions Of law. ~, 4a.45+ .w.. 9ss
1t has always been an open question what benei1t
there would be In a trial of the former Kaiser on any
charges which could lawfully be formulated against him.
There is a very general agreement in the belief that the
man richly merits severe punishment, but the kind Of
punishment which would meet the case is very much a
matter Of doubt. The chances are that the benefit which
will arise from a trial will come rather through the fix
ing Of moral responsibility by the formulation upon prop
er evidence by q properly constituted body Of the terms
IN which the man responsible for the war shall be held
UP to public execration. Something Of this kind it seems
is necessary. 1t goes. without saying that men who can
be convicted Of individual atrocities should be properly
punished. Beyond this It is doubtful II any gain il to be
made by proceeding to extremes. {.