UIHistories Project: A History of the University of Illinois by Kalev Leetaru
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Repository: UIHistories Project: War Publications - WWI Compilation 1923 - Article 14 [PAGE 17]

Caption: War Publications - WWI Compilation 1923 - Article 14
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requires the provisions of war manuals to conform fo the rules of the Convention, to which the German government is itself a parry. During the present war German military commanders in Be!, iiium appear to have admitted the binding force of the above-mentioned article which the Kritrsbrauch repudiates, but in fact the right f self-defense which it proc

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took sidering the rapidity of the German advance into Belgium during the first days of the invasion, if the contention of the Germans that the civil population had ample time to effect an organization and equip themselves with uniforms be admitted, it is difficult to conceive a situation such as that which the Hague Convention con ternplates, when the inhabitants may lawfully rise and resist an invader without incurring the penalty reserved forfrancs-tireurs. Not only did the Germans refuse to treat all such persons as lawful combatants, but they even declined to treat as lawful belligerents the members of the Belgian garde civique> a militia force not very different form the German landsturm^ organized long before the outbreak of the war for purposes of defense, and commanded by regular army officers and equipped with a distinctive uniform. All were treated asfrancs-tireurs when captured and were summarily shot. At least Belgian writers so claim. In fact, the Germans according to their own admission proceeded on the theory that they were at war with the whole Belgian population; that the contest was on the part of the Belgians an "unorganized peoples war" and that only the members of the regular Belgian army were entitled to the treatment 2 reserved for prisoners of war. TREATMENT OF PRISONERS AND HOSTAGES treated.* m e American, British, and French manuals reproduce the text of this provision and further lay down the rule that prisoners may be put to death only for crimes punishable with death under the 4 laws of the captor and after due trial and conviction. The American and British manuals also take occasion to express doubt whether will

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cia Commission of Inquiry ("Violations of the Rights of Nations in Belgium *Yn Q7.n I . \ 3 K * i ^cation issued by the Belgian government entitled Rtponse au LivreR?anc\iU^ •American RuUst Art. 68; British manual. Ait. 79; French manual. Art. 8.

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