German Atrocities: An Official InvestigationMorgan, J. H. (John Hartman)
History
German Atrocities: An Official Investigation
Morgan, J. H. (John Hartman)
World War, 1914-1918 -- Atrocities
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.
Public-domain text, read in full here on John Shaqi.
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