The Case of Edith Cavell: A Study of the Rights of Non-Combatants — John Shaqi
The Case of Edith Cavell: A Study of the Rights of Non-CombatantsBeck, James M. (James Montgomery)
History
The Case of Edith Cavell: A Study of the Rights of Non-Combatants
Beck, James M. (James Montgomery)
Cavell, Edith, 1865-1915
From the same source the world gets its only information as to the exact
law which Miss Cavell was accused of violating. Paragraph 58 of the
German Military Code inflicts a sentence of death upon
"any person who, with the intention of helping the hostile power,
or of causing harm to the German or allied troops, is guilty of one
of the crimes of paragraph 90 of the German Penal Code,"
and the only pertinent section of paragraph 90, according to the same
informant, is the specific offence of
"guiding soldiers to the enemy" (in German--"Dem Feinde
Mannschaften zufuehrt").
I affirm with confidence that under this law Miss Cavell was innocent,
and that the true meaning of the law was perverted in order to inflict
the death sentence upon her.
I admit that a general and strained construction of the language above
quoted might be applicable to a defendant who gave refuge to hostile
soldiers in Brussels and thus enabled them to escape across the frontier
into Holland and thence into a belligerent country, but every penal law
must receive a construction that is favorable to the defendant and
agreeable to the dictates of humanity. Every civilized country construes
its penal laws in favour of the liberty of the subject, and no
punishment, especially one of death, is ever imposed unless the offence
charged comes indubitably within a rigid construction of the law.
Keeping in mind this elementary principle, it is obvious that the
offense of guiding soldiers to the enemy refers to the physical act of
guiding a fugitive soldier back into his lines. A soldier becomes
detached from his lines. He finds shelter in a farm house. The farmer,
knowing the roads, secretly guides him back into his lines, and this
obviously is the offence which paragraph 90 had in mind, for the German
word "zufuehrt" refers to a personal guidance.
Miss Cavell simply gave shelter to soldiers and in some way facilitated
their escape to Holland. Holland is a neutral country, and it was its
duty to intern any fugitive soldiers who might escape from any one of
the belligerent countries. The fact that these soldiers subsequently
reached England is a matter that could not increase or diminish the
essential nature of Miss Cavell's case. She enabled them to get to a
neutral country, and this was not a case of "guiding soldiers to the
enemy," for Holland was not an enemy of Germany.
Public-domain text, read in full here on John Shaqi.
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