It is inconceivable that officers and men of Allied armies had not
been guilty of violations of international law during more than
four years of fighting. But only Germans were to be tried, and the
German Government bound itself to hand over for trial before Allied
tribunals all whose names should be handed in. This impossible
provision in itself put Germany in hopeless default from the moment
her representatives signed the treaty. Only if the Germans had been an
uncivilized tribe of savages could such provisions have been executed.
Similarly, the trial of Kaiser Wilhelm, too, before an impartial
tribunal would have been a splendid measure. But the treaty bound the
Germans to an unheard-of thing in international relations. They were
obliged to confess their rulers’ guilt and their own, as a people,
before the trial! And the treaty gave no promise, as it should have
done, that the question of the responsibility for the war would be
fairly gone into by a court of justice, with all the evidence before
it. If the purpose of the men who made the Treaty of Versailles was
not vindictiveness but a desire to get at the truth, they would have
coupled their demand for the trial of the Kaiser with a guarantee
that all the documentary evidence on both sides should be brought into
court. Only in this way could a fair trial have been had. The penalties
clauses of the treaty, therefore, violate the accepted principles of
law as well as the dictates of fair play and common sense.
If the treaty had limited itself to the restoration of the loot of
the recent war, no exception could have been taken. But Germany was
summoned to give up art treasures and other plunder of the long ago.
Was this done because the restitution was a matter of justice or to
remove ancient grievances that stood in the way of the reconciliation
of peoples? If so, the victors should have promised to give back to
one another and to neutral nations--and in many instances to the
vanquished--the more notorious examples of loot in their own national
galleries and museums. This was a trifling matter, but it showed the
spirit of the treaty.
Public-domain text, read in full here on John Shaqi.
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