Evening star., 1943-04-05
Nozi Officers Should Be Tried
For Atrocities, Wells Says
Author Points Out
Soldiers Can Only
Obey Orders
BY H. G. WELLS,

BY H. G. WELLS,
Written for North American Newspaper
Alliance.
LONDON. April 5.-The question
of war guilt is agitating quite a
number of minds just now. We all
want exemplary justice for those
who are really responsible for the
abominable atrocities which make
this present war the most hideous
of all wars, and none of us wants
what the pro-German propagan-
dists pretend that he wants, namely,
a systematic determination of the
German population on the lines
of the national murder methods
practiced by their leaders.
Are the viler guilty to escape un-
der the shelter of the less guilty,
and is the multitude to suffer for
those who have misled it? This
time, is it to be as it has been be-
fore? Elbas and St. Helenas and
Doorns for the criminal big shots
while their legacy of shame and
death is distributed among their
subordinates?
Only two writer's that I know of
seem to have put their fingers on
the realities of the case. One is
that penetrating mocker, Nathaniel
Gubbins, who wrote a bitter de-
scription of an after-the de-
bate in a Parliament over which
the spirit OF Lord Simon prevailed.
and the second is an able Polish
writer, F. q. Czarnomski, who has
sent me closely reasoned memo
randum on this issue.
Soldier Not Responsible.
His point is that the German
common soldier. since he is con-
scripted and acts under orders
which he disobeys at his extreme
peril, is legally if not morally ire
sponsible, and that full RESPONSE
bility for the crimes of the German
armies rests on those who, in spite
of their legal obligation, order these
crimes to be committed. The Ger
man armies are still subject to the
rules of war stated in the Hague
Convention.
The responsibility of German off,
GERS is established by article l of
that convention, which requires
that "the contracting powers shall
issue instructions to their armed
land forces. which shall be in con-
formity with the regulations re-
specting the laws and customs of
war on land"
The convention declares that, I'm
cases not included in the regula-
tions adopted by them, the inhabi-
tants and the belligerents remain
under the protection and the rule
of the principles of the law Of ma
tions, as they result from the
usages established among civilized
peoples" and it provides that, ''in-
habitants of territory which has
not been occupied, who, on the
approach of the enemy, spontane-
ously take up arms to resist the
invading troops without having had
time to organize themselves in ac-
cordance with article l, shall be
regarded as belligerents if they
carry arms openly and if they re-
spect the laws and customs OF war"
Poison Weapons Banned.
Further, this Hague convention to
which Germany was a party, and
which every officer in Germany is
obliged to know, made it illegal
(article 23) Ito employ poison or
poisoned weapons: to kill or wound
treacherously individuals belonging
to the hostile nation or army; to
kill or wound an enemy who. hav-
ing laid down his arms, or having
no longer means of defense, has
surrendered at discretion; to declare
that no quarter will be given; to
employ arms. projectiles or material
calculated to cause unnecessary suf-
fering; to make improper use of
flag of truce, OF the national flag or
OF the military insignia and uniform
of the enemy, as we'll as of the dis
tinctive badges of the Geneva con-
vention; to compel the nationals Of
the hostile party to take part in the
operat ations of war directed against