The Better Germany in War Time: Being Some Facts Towards FellowshipPicton, Harold W. (Harold Williams)
History
The Better Germany in War Time: Being Some Facts Towards Fellowship
Picton, Harold W. (Harold Williams)
World War, 1914-1918 -- Hospitals, charities, etc.; World War, 1914-1918 -- Prisoners and prisons, German
A few extracts from Dr. J. M. Spaight’s important work, “War Rights on
Land,” will be useful as an introduction to this section. “Resident
enemy nationals,” runs Dr. Spaight’s marginal summary, “are not
interfered with” (l.c., p. 28). The text proceeds: “The treatment of
resident enemy nationals has undergone a great change for the better in
modern times. Ancient theory and practice regarded them as enemies,
individually, and admitted the right to arrest and imprison them. The
last instance of this rigorous rule being put in force is Napoleon’s
detention of British subjects who happened to be in France when war
broke out in 1803. Present usage allows enemy nationals to depart
freely, even when they belong to the armed forces of the other
belligerent.” The State has the right to detain such subjects, but usage
is against it. Again, “‘Present usage,’ says Professor LeFur, ‘does not
admit of the expulsion _en masse_ of enemy subjects resident in a
belligerent’s territory, save when the needs of defence demand such
expulsion....’ The bad precedent set by the Confederate Government in
1861, when it ordered the banishment of all alien enemies, has not been
followed in subsequent wars. France and Germany allowed enemy subjects
to continue to reside in their respective territories during the war of
1870-1, but the former country was led by military exigencies to rescind
the general privilege so far as Paris and the Department of the Seine
were concerned, at the end of August, 1870. A Proclamation was then
issued by General Trochu which enjoined ‘every person not a naturalised
Frenchman and belonging to one of the countries at war with France’ to
depart within three days, under penalty of arrest and trial in the event
of disobedience. The incident is instructive as showing usage [viz.,
non-interference with resident enemy nationals] in the making; for
though there were 35,000 in Paris alone, and their expulsion was clearly
justifiable as a measure of defence, the general opinion in Europe was
that they were harshly treated, and a sum of 100 million francs was
claimed, as part of the war indemnity, in respect of the losses they
sustained in being driven out. It shows, as Hall observed, that public
opinion ‘was already ripe for the establishment of a distinct rule
allowing such persons to remain during good behaviour’ (_Hall,
International Law_, p. 392). The usage has been strengthened by the
precedents set in the Russo-Turkish War in 1877-8, the Chino-Japanese
War of 1894, and the Russo-Japanese War, in all of which enemy residents
were suffered to remain.”
ORIGIN OF GENERAL INTERNMENT.
How did it come about that this more humane usage was in the present war
departed from? The average Englishman, I fear, assumes that all the
blame is in this case due to the enemy. The following correspondence
should make the matter clearer. [See Miscel. Nos. 7, 8 (1915).]
_Memorandum communicated by American Embassy,_
October 17, 1914.
Public-domain text, read in full here on John Shaqi.
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