The Auckland Star: WITH WHICH ARE INCORPORATED The Evening News, Morning News and The Echo. TUESDAY, FEBRUARY 10, 1920. THE WAR CRIMINALS.

Auckland Star, Volume LI, Issue 35, 10 February 1920, Page 4

The Auckland Star: WITH WHICH ARE INCORPORATED The Evening News, Morning News and The Echo.

TUESDAY, FEBRUARY 10, 1920. THE WAR CRIMINALS.

For the cease that lack* assistance. For the wrong that needtt rctMo.nct, For tht future in the distance. And the good that me enn <-'—

The demand being made by the Allies for the surrender of war criminals in order that they may be put upon their trial, falls under two beads. With one of these most people would be in agreement, but in regard to the other there scums to be room for difference of opinion, and in soino respects even for legal doubt as to the position under international law. As regards those, responsible for th e direct violations of the rules of war it is clear that if international law and Hague conventions are to be anything more than an illusion something ought to be done to vindicate the generally accepted laws governing warfare, and those responsible for direct violations ought certainly to bo put on their trial before an international tribunal, and if found to be guilty punished in the sajnc way aa if they had committed similar offences under the criminal code that obtains in most of the countries of Europe. Thus most people would agree that those responsible for the deportations in Xorth France, and the civilian massacres at Dinmil, Aerscbot, and elsewhere, ought to b e tried as ordinary criminals would be tried. Those responsible for the execution of Captain Fryatt ought to be tried for murder. So again those who ordered the submarine' outrages and sinking of hospital ships, as well as acts of deliberate, cruelty in the prison camps, ought to be held criminally responsible for their acts, ft is necessary that international law should be vindicated, and this can only be done by giving it the powers which the criminal law already enjoys. If those who violate the accepted laws of -warfare are not to be held criminally responsible, then it is difficult to see how effect can be given to any rules that may be made in the and war may become a hideous massacre of civilians rather than a. contest between armed host*. .Moreover, it is necessary that everything possible should be done to bring home to the, etill deluded German public- the guilt of their army and navy. •But iu regard to lliose diplomatically esponsible for causing the war the case s somewhat different. For example, if the Kaiser is responsible on the grounds llio-t he ruled as an autocrat, then it would eecjn that his Ministers, such as Bcthnuum-llollweg, cannot ilso be held responsible; but if the Minisera are also to share the responsibility beu there does not seem to be any valid ' grouud for indicting the Kaiser as an ' autocrat declaring war on his own | nitiativo. Also the Allies can hardly 1 afford to run the risk of bringing an in- I dictment against the rulers of Germany, ' nd perhaps not being able to make good j heir case. The criminal charges stand ; n a diircrent footing. If the facts i filll which the accused are charged arc ( proved, then they will be sentenced as ! ordinary criminals. ]f on the other hand the facts ore not proved, or their direct j connection with the crime is not estah- ( liahed, then they will be entitled to an - acquittal in the same manner as any ' ordinary prisoner in th e dock. Their ] acquittal would not involve any serious ] consequences; but the acquittal of those I who arc to be tried on diplomatic ' grounds might entail complications. As * regards the military and naval officers * who are "wanted" by the Allies, there is '■ the further difficulty that there arc bo ' many of them, and some of them are so higldy placed, that their arrest will ( not ho easy. The German Government 1 may find it moat difficult or even impossible to lay hands on all of them, and ' if it is compelled to do so by force one of two serious consequences may result Either a dangerous war and even monarchieal sentiment may bo fostered in Germany, or Bolshevism may be encouraged. The whole question is one in which the Allies should have walked war- | ily, but information published to-day : about the drawing up of the liste sug- ; gest. that. they- worked with insufficient , care and-co-opcration; ■ ■ ' • ■ ,