RIGHTS OF MILITARY OCCUPANTS 185 father or a son and brother, they have lighted a fire of hatred that will never go out. They have brought home to every heart in the land in a way that will impress its horror indelibly on the memory of three generations, a realization of what German methods mean, not as with the early atrocities in the heat of passion and the first lust of war, but by one of those deeds that make one despair of the future of the human race, a deed coldly planned, studiously matured, and deliberately and systematically executed, a deed so cruel that German soldiers are said to have wept in its execution and so monstrous that even German officers are now said to be ashamed. The rage, the terror, and despair excited by this measure all over Belgium were beyond anything we had witnessed since the day the Germans poured into Brussels." New York Times, April 22, 1917. Cf. also a communication of Viscount Grey dated November 22, 1916, to M. Hymans, the Belgian minister to England (British White Paper relating to the deportations of Belgians to Germany, Misc., No. 37 (1916), Cd. 8404, P. 5. CHAPTER XXVIII THE GERMAN INVASION OF BELGIUM § 431. The Neutralization of Belgium; § 432. The Treaties of 1870; § 433. The British Inquiry of Germany and France in 1914; § 434. The German Ultimatum to Belgium; § 435. Reply of the Belgian Government and the German Invasion; § 436. Questions of International Law Involved; § 437. The German Pretext of Military Necessity; § 438. The Right of Self-Preservation; § 439. The German Theory of Military Necessity; Kriegsmanier v. Kriegsraison; § 440. Criticism of the German Theory of Kriegsraison; § 441. Military Necessity as a Defence for the Invasion of Belgium; § 442. The German Argument Analyzed. 8431. The Neutralization of Belgium. As is well known, Belgium in 1914 was a permanently neutralized State under the collective guarantee of a group of European powers: Austria, France, Great Britain, Germany, and Russia. That neutrality was proclaimed and guaranteed in the general interest of Europe and was imposed upon Belgium without her solicitation, if not without her consent.1 By article VII of the treaty of November 15, 1831, concluded between the above-mentioned five powers, it was declared that "Belgium within the limits specified in articles I, II and IV shall form an independent and perpetually neutral State. It shall be bound to observe such neutrality towards other States." By another article the signatory powers engaged to guarantee that perpetual neutrality as well as the integrity and inviolability of the territory of Belgium. By a treaty of April 19, 1839, between the same powers, the treaty of 1831 was replaced by a new agreement the seventh article of which was identical with the corresponding article of the earlier treaty. Article II 1 Concerning the purposes of the neutralization treaty see Stowell, The Diplomacy of the War of 1914, p. 380. For the history of the events leading up to the conclusion of the treaty cf. Deschamps, La Neutralité de la Belgique, ch. III; Kleen, Les Lois et Usages de la Neutralité, Vol. I, p. 91; Rivier, Principes du Droit des Gens, Vol. I, p. 110; Nys, Notes sur la Neutralité, Rev. de Droit Int. et de Lég. Comp., Vol. 32, pp. 603 ff.; Piccioni, Essai sur la Neutralité Perpétuelle, pp. 38 ff., and Renault, Les Premières Violations du Droit des Gens par l'Allemagne, pp. 19 ff. THE TREATIES OF 1870 187 placed the execution of the treaty under the guarantee of the signatory powers.1 $432. The Treaties of 1870. When the outbreak of war between France and the North German Confederation in 1870 became imminent, the British government, apprehensive that one or the other of the belligerents might violate the treaty by marching its armies through Belgium in order to attack the other, sought and obtained from both prospective belligerents renewed assurances that they would respect the neutrality which they had in agreement with the other powers guaranteed in 1839. These assurances were embodied in identical treaties concluded between Great Britain and Prussia on August 9, 1870, and between Great Britain and France on August 11 of the same year. In both treaties the British government pledged itself to employ its forces against either belligerent which should violate the neutrality so guaranteed. Throughout the war of 1870-1871 both belligerents scrupulously respected the neutrality of Belgium, and Belgium on her part performed her obligations of neutrality in the strictest manner, going even to the length of forbidding the transportation of German wounded across her territory.3 2 During the period between the war of 1870-1871 and the outbreak of the late war there were no occasions in which the question of the observance of the neutralization treaty was raised either by the guaranteeing powers or by Belgium. § 433. The British Inquiry of Germany and France in 1914. On July 31, 1914, when war between Germany and France seemed imminent, Sir Edward Grey, evidently apprehensive that Germany would, in spite of the treaty of 1839, march her troops through Belgium, adopted the identical course which the British government followed in 1870 and instructed the British ambassadors at Berlin and Paris that it was essential in view of the existing treaties that the British government should know whether the German and French governments were prepared to under 1 The text of the treaty may be found in Hertslet, The Map of Europe by Treaty, Vol. II, pp. 994 and 997; in Deschamps, op. cit., pp. 287-288, and in Fuehr, Neutrality of Belgium, pp. 199 ff. 2 Texts in Hertslet, op. cit., Vol. III, pp. 1803-1835 and 1886-1888, and Fuehr, op. cit., pp. 210 ff. 3 Dumas, Droit de Passage en Temps de Guerre, Revue Gén. de Droit Int. Pub., 1909, p. 25. take an engagement to respect the neutrality of Belgium so long as no other power violated it. On the evening of the same day the French government replied to the British inquiry saying that it was "resolved to respect the neutrality of Belgium, and it would only be in the event of some other power violating that neutrality that France might find herself under the necessity in order to assure the defence of her security to act otherwise." The reply also added that "this assurance has been given several times." The reply of the German secretary of state for foreign affairs was that he could not possibly give an answer before consulting the Emperor and the Chancellor. At the same time he added that it was very doubtful whether they could return any answer at all. In a despatch of August 1, Sir Edward Grey again insisted on an answer, saying that the neutrality of Belgium was a matter of very great interest to England. "If Germany could see her way clear," he said, "to give the same assurance as that which had been given by France, it would materially contribute to relieve anxiety and tension here. On the other hand, if there were a violation of the neutrality of Belgium by one combatant while the other respected it, it would be extremely difficult to restrain public feeling in this country." 8434. The German Ultimatum to Belgium. On August 2, the German government in a note alleging that "reliable information" having been received that French forces "intended to march on the line of the Meuse by way of Givet and Namur," leaving no doubt as to the intention of France to march through Belgian territory against Germany and fearing that Belgium in spite of the utmost good will would be unable to repel so considerable a French invasion, proposed to Belgium that permission be granted to German troops to march through her territory. Germany promised in return that when peace was concluded, the kingdom of Belgium and all its possessions should be protected to the fullest extent; that its territory should be evacuated, and that if Belgium would preserve an attitude of friendly neutrality towards Germany, the German government would engage to pay cash for all supplies needed by the German troops and would indemnify her for all damage caused. "It is essential for the self-defence of Germany," the note added, "that she should anticipate any such hostile attack; Germany had in view THE GERMAN ULTIMATUM 189 no hostile act against Belgium, and she would feel the deepest regret if Belgium should so regard her intentions." The character of an ultimatum was given to the proposal by the threat that "should Belgium behave in a hostile manner toward German troops . . . Germany will be obliged to consider Belgium as an enemy," in which case Germany "will make no promises to the kingdom, but will leave to the decision of arms the regulation of the ultimate relations of the two States toward each other." Finally it added that "the German government is justified in hoping that this eventuality will not arise and that the Belgian government will take appropriate steps to pre vent its arising."1 A reply within twelve hours was requested to this ultimatum. § 435. Reply of the Belgian Government and the German Invasion. On the following day at 7 o'clock in the morning the Belgian government delivered a reply to the German proposal for "friendly neutrality," in which it declared that it was "profoundly and painfully astonished" at the demand; that Belgium had always faithfully observed her international obligations and performed her duties in a spirit of loyal impartiality; that the attack upon her independence with which Germany threatened her was a flagrant violation of the law of nations which no strategic interest could justify; that the intentions attributed to France were in contradiction to the formal assurances made by the French government on August 1, and that if the Belgian government accepted the proposal, it would sacrifice its national honor and betray, at the same time, its duty toward Europe. In conclusion, the reply stated that "if the Belgian government, conscious of the part that Belgium has played for more than 80 years in the civilization of the world, be disappointed in its expectations, it is resolved to repel by every means in its power any attack upon its rights."2 On August 4 the Belgian minister of foreign affairs was informed by the German government that, as Belgium had declined its "well-intentioned" proposals, it deeply regretted the necessity of carrying out by force of arms, if necessary, the measures 1 The text of this proposal is printed in The Case of Belgium, p. 5; also in Diplomatic Correspondence Respecting the War published by the Belgian government, presented to both houses of the British parliament in October, 1914, Misc., No. 12, pp. 18-19. ? Text in The Case of Belgium, p. 7, and Dip. Cor. cited above, pp. 21-22. |