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
"_it is with my consent that the General in command has burned down
the place [Andenne] and shot about 100 inhabitants._"
It was the same chivalrous and humane General who posted a proclamation
at Namur on August 25th as follows:
"Before 4 o'clock all Belgian and French soldiers are to be
delivered up as prisoners of war. Citizens who do not obey this
will be condemned to hard labor for life in Germany. At 4 o'clock a
rigorous inspection of all houses will be made. _Every soldier
found will be shot._ * * * _The streets will be held by German
guards, who will hold ten hostages for each street. These hostages
will be shot if there is any trouble in that street._ * * * A crime
against the German Army will compromise the existence of the whole
town of Namur _and every one in it_."
Did not Field Marshal von der Goltz issue a proclamation in Brussels, on
October 5th, stating that, if any individual disturbed the telegraphic
or railway communications, all the inhabitants would be "_punished
without pity, the innocent suffering with the guilty_"?
Individual guilt being thus a matter of minor importance, Dr. Zimmermann
had no occasion on the accepted theory of Prussian militarism to justify
the secret trial and midnight execution of Edith Cavell. Indeed, he
freely intimates that his Government will not spare women, no matter how
high and noble the motive may have been which inspires any infraction of
military law, and to this sweeping statement he makes but one exception,
namely, that women "in a delicate condition may not be executed." But
why the exception? If it be permitted to destroy one life for the
welfare of the military administration of Belgium, why stop at two? If
the innocent living are to be sacrificed, why spare the unborn? The
exception itself shows that the rigor of military law must have some
limitation, and that its iron rigor must be softened by a discretion
dictated by such considerations of chivalry and magnanimity as have
hitherto been observed by all civilized nations. If the victim of
yesterday had been an "expectant mother," Dr. Zimmermann suggests that
her judges and executioners would have spared her, but no such exception
can be found in the Prussian military code. "It is not so nominated in
the bond," and the Under Secretary's recognition of one exception, based
upon considerations of humanity and not the letter of the military code,
destroys the whole fabric of his case, _for it clearly shows that there
was a power of discretion which von Bissing could have exercised, if he
had so elected_.
Public-domain text, read in full here on John Shaqi.
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