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
on not only by individual civilians, but by great masses of the
population.
* * * * *
The conduct of the war by the Belgian civil population was completely
irreconcilable with the generally recognised rules of international
law as they have found expression in Articles 1 and 2 of The Hague
Convention: The Laws and Customs of War on Land, which had been
accepted by Belgium. These regulations distinguished between organised
and unorganised People’s War. In an organised People’s War (Article 1),
in order that they may be recognised as belligerents, the militia and
volunteer corps must satisfy each of the following conditions: They
must have responsible leaders at their head; they must bear a definite
badge which is recognisable at a distance; they must bear their weapons
openly; and they must obey the laws and usages of war. The unorganised
People’s War (Article 2) can dispense with the first two conditions,
that is, responsible leaders and military badges. It is, however, bound
instead by two other conditions; it can only be carried on in that part
of the territory which has not yet been occupied by the enemy, and
there must have been no time for the organisation of the People’s War.
* * * * *
The two special conditions required for the organised People’s War were
certainly not present in the case of the Belgian _francs-tireurs_. For,
according to the reports of the German military commands, which agree
with one another, the civil persons who were found taking part in the
struggle had no responsible leaders at their head, and also wore no
kind of military badge (Appendices 6, 49; C 4-7, 14, 15, 22, 24, 25,
31; D). The Belgian _francs-tireurs_ can therefore not be regarded as
organised militia or volunteers according to the laws of war. It makes
no difference in this, that apparently Belgian military and members of
the Belgian “Garde Civique” also took part in their enterprises; for
as these individuals also did not wear any military badge but mingled
among the fighting citizens in civilian dress (Appendices 6; A 3; C
25; D 1, 30, 45, 46), the rights of belligerents can just as little be
conceded to them.
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