Evening star., 1944-04-02
War Guilt I rial Reaching
Even Enlisted Men Urged
Civilians Held Responsible for Atrocities Would
Be Included in Plan for Widespread
Punishment.
By Emil Lndtpie.

soldiers responsible for brutalities,
especially those committed against
civilians, regardless of whether these
brutalities were committed under
order or not. Even the German
military law rejects the order of a
superior as an excuse for brutality.
The German "Kriegsbrauch i'm
Landkrieg" forbids that inhabitants
OF occupied territories be hurt in life,
limb, honor or freedom. Further, the
code prohibits any destruction and
ravaging in occupied countries, say
ing that who does so is "an offender
according to the appropriate law"
Pledge in 1907.
This was confirmed at The Hague
conference of 1907 by the German
delegate, Marshal Won Biberstein,
later German Ambassador to Lon
don, with the words: But military
acts are not solely governed by
principles of international law.
There are other factors. Conscience,
good sense and sense of duty i'm
posed by principles of humanity
will be the surest guides. :" =" The
officers of the German Navy, I en-
phatically affirm, will always fulfill
In the strictest manner the duties
which emanate from the unwritten
law of humanity and civilization. j."
2. The German people are COL
lectively responsible for their Nazi
government, because in 1882 in two
free and secret elections they voted
the Nazis in as the strongest party.
Hitler's nomination as Chancellor
was the consequence Of the legally
expressed will of the people. More
over for seven years the German
people backed the armament for
this war, and now for more than
four years they have willingly fol-
lowed Hitler in his war of conquest
and suppression without the least
attempt at opposition. This fact
proves the responsibility of Il, 1000, 900
German soldiers, i.e., half of the
German manpower. The records
show that not only Nazis but all
sorts and conditions of soldiers have
committed war crimes.
3. Written laws or juridical sub
tleties are not enough reason for
Furnishing those responsible for the
atrocities committed. Trials of war
criminals are justified by the moral
Indignation that every healthy
minded individual feels when he
reads or hears accounts of the mon
strosities that have been done. In
this case I deem 1t sign of weak
ness to shrink from the word "re-
taliation."
Urges Postwar Court.
We are not in favor of the "eye
for an eye, tooth for tooth" atone
ment of the Old Testament; we
don't want to punish physically
millions Of men. But all of those
men who, with their own hands,
have returned to the war customs of
the Huns and Vandals must be pun
ished regardless of whether they
did 1t with sadistic enjoyment or
with secret disgust. Every German
soldier who has committed atrocities
represents his culpable nation. An
example is the shooting of innocent
hostages in retaliation for anony-
nous rebellion in the nations the
Germans have suppressed.
Who shall be the judge? AS the
international courts of Geneva and
The Hague have no authority, a new
court must be created in which all
Allied nations, and perhaps some
neutrals, are represented. Only some
of its members should be jurists
When this court will have worked
out the general principles for the
impending war trials, the individ-
ual criminals should be judged by
the nations who were their victims
German judges should not be al
lowed to cooperate in any way
After the last war the German re-
public shamefully deceived the AL
lies in its trials of war criminals.
The treaty of Versailles, in article
228, recognized the right of the
Allied and Associated Powers to
bring before military tribunals per-
sons accused of having committed
acts in violation of the laws and
customs of war" Also Such per-
sons shall, If found guilty, be sem
fenced to punishment laid down by
law This provision will apply not
withstanding any proceedings or
prosecution before a tribunal in
Germany or the territory OF the
Allies"
80 Crimes Listed.
Shortly afterward, a special COM
mission drew up list of 80 war
crimes, beginning with "massacres'
and ending with poisoned wells"
But soon the noble old Anglo
Saxon idea OF fair play began to
gain ground against Versailles. The
victims we've more inclined to spare
the poor Germans than to claim
atonement for the damages. done
In Washington, Congressman de-
clared that there existed no laws
against war crimes and that the
unwritten laws of humanity were
too weak basis for retaliation.
The royal houses Of Europe-all
of which were related to one an
other-even those on the side of the
Allies, all united to prevent the ex-
tradition Of the Kaiser, and secretly
made known to the Dutch govern
ment that q refusal of the Dutch
butterflies 70 deliver the royal