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
The difficulty with this assurance is that the German conception of what
is a fair trial differs from that which prevails in Anglo-Saxon
countries, just as the German word "Gerechtigkeit" does not convey the
same mental or moral conception as the English word "justice."
"Gerechtigkeit" means little more to the Teutonic mind than the exercise
of the power of the State, and claims no further sanction than its
authority. In England, France, and the United States the idea of justice
is that an individual has certain fundamental and inalienable rights
which even the State cannot override, and none of these fundamental
rights have been more highly valued in the evolution of English liberty
than the rights of a defendant who is charged with crime. Whether guilty
or not guilty, he cannot be arrested without a judicial warrant on proof
of probable cause; he may not be compelled to testify against himself;
he is entitled to a speedy trial and shall be informed in advance
thereof of the exact nature of the accusation; his trial shall be public
and open, and he shall be confronted with the witnesses against him and
have compulsory process for his own defense; in advance of trial he
shall have permission to select his own counsel, and shall have the
opportunity to confer freely with him.
_Most of these fundamental rights were denied to Miss Cavell._
It is difficult to understand why, in view of the policy of terrorism,
which has prevailed in Belgium from the time that the invader first
crossed its frontier, the justice from the standpoint of military law
should be referred to in Herr Zimmermann's defense. In the official
textbook of the General Staff of the German Army the definite policy of
terrorizing a conquered country is proclaimed as a military theory. Its
leading axiom is that
"a war conducted with energy cannot be directed merely against the
combatants of the enemy State and the positions they occupy, _but
it will and must in like manner seek to destroy the total
intellectual and material resources of the latter_. Humanitarian
claims, such as the protection of men and their goods, can only be
taken into consideration in so far as the nature and object of the
war permit. Consequently the argument of war permits every
belligerent State _to have recourse to all means which enable it to
obtain the object of the war_."
Miss Cavell's fate only differs from that of hundreds of Belgium women
and children in that she had the pretense of a trial and presumably had
trespassed against military law, while other victims of the rape of
Belgium were ruthlessly killed in order to effect a speedy subjugation
of the territory. The question of the guilt or innocence of each
individual was a matter of no importance. Hostages were taken and not
for the alleged wrongs of others.
Did not General von Buelow on August 22nd announce to the inhabitants of
Liege that
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