decrees and orders issued by enemy Prize Courts concerning German ships and German goods and excludes Germany from putting forward any claims on behalf of German nationals. On the other hand, Germany is to allow the decisions and orders of her own Prize Courts to be examined in such manner as the Allied and Associated Powers may determine at their discretion, this applying not only to decisions affecting nationals of those Powers but even affecting nationals of neutral Powers. Further, Germany is to submit to the results of such examination without even a right to be heard. The partiality of these provisions is all the more intolerable because the Allied and Associated Powers claim for themselves, without any justification, the right of decision with regard to neutral claims against Germany. Justice demands either the recognition or the indiscriminate and impartial examination of the decrees and orders issued by the Prize Courts of all contracting Powers. To either of these two solutions Germany could agree. Should an examination be agreed upon, it can only be undertaken by an international court constituted on a footing of equality. If the provisions of Article 440 were to become valid, the Allied and Associated Powers would unlawfully receive a considerable amount of assets to which Germany is lawfully entitled, besides the full and ample compensation demanded by them. Under the terms of the armistice the German Empire had to deliver up the former enemy tonnage adjudged to her by valid decisions of Prize Courts. The draft says nothing of a restitution or taking into account of that tonnage. On the other hand no attempt is made to make compensation for this unjustified injury by the restitution of the former German ships or cargoes affected by decrees or orders of hostile Prize Courts, or at least by making allowance for their value. In connection with the aforesaid, the provisions of sections 7, 8 and 9 of Annex III to Part VIII must also be mentioned. According to section 7, Germany would have to take any measures that might be suggested to her by the Reparation Commission to redeem the German ships transferred to neutrals since the beginning of the war. Thereby Germany would be at the mercy of foreign speculation. According to section 8, Germany is to renounce all claims in respect of the detention, employment, loss or damage of German ships, excepting the payments stipulated by the armistice protocols. Thereby Germany would be deprived, among other things, of all claims she might be entitled to on account of damage, according to the principles of international law relating to the treatment of ships under embargo. According to Section 9, Germany is to renounce all claims to ships and cargoes sunk and subsequently salvaged; this clause is to be enforced without regard to the decisions made by the Prize Courts of Germany or of her Allies. These provisions appear unjustified in their present form; section 9 could be agreed to on condition that the value of salvaged ships and goods, less all costs of salvage, be placed to the credit of Germany on her reparation account. D. QUESTIONS OF CRIMINAL LAW I. The German Delegation, in its observations upon the provisions of the draft relating to penalties (Part VII), have expressed the opinion that the infringements of international law committed by individuals in the course of the war must be expiated. In addition to this principle, on the other hand, another principle must be accepted, namely, that other wrongs committed by the nationals of both parties, the necessity for which resulted from the circumstances of war, should, so far as the general feeling for justice allows it, be consigned to oblivion upon the conclusion of peace. This applies to the relation of a belligerent Power not only to its own nationals, but also to the nationals of the other party. An amnesty of that character has been agreed upon in many previous treaties of peace and will also contribute towards a reconciliation of the peoples. Since the draft of the peace conditions provides for no amnesty, the German Delegation make the following proposals: Apart from the liberation of the prisoners of war and interned civilians guilty of a criminal act, which is dealt with elsewhere, it seems appropriate that each Power should grant the nationals of the other party immunity for all criminal acts committed by them in the course of the war to the benefit of their own country, or for contravention of the special laws enacted to the detriment of enemy aliens; such acts as infringe the laws and customs of war must be excepted. Further, certain acts which were committed before the conclusion of peace by the inhabitants of a territory occupied by the enemy should be included in the amnesty. The unusual circumstances prevailing during a military or conventional occupation will often give cause for a political or military behavior which generally loses its significance with the return of the former authorities, and may then remain unpunished without injury to the sense of justice. II. Article 302 of the draft provides for the revision of judgments by default issued in civil procedure. With regard to matters of criminal law, where even more important legal rights are in question, the principle underlying this provision should also be recognized. The German Delegation therefore assume it to be necessary that every State grant to the nationals of the other party the right to a re-hearing of a criminal case brought against them in its courts, if they were convicted by default. III. In connection with the aforesaid, attention must be called to the unlawful procedures of the occupation authorities in Alsace-Lorraine and the Palatinate, who have called persons of different classes— public officials, judges, witnesses, liquidators, public trustees and others to account before criminal and civil courts for acts which were in conformity with their duties according to the German laws in force. INTERNATIONAL CONCILIATION Published monthly by the American Association for International Conciliation. Reply of the Allied and Associated Powers to the Observations of the German Delegation on the Conditions of Peace AMERICAN ASSOCIATION FOR INTERNATIONAL CONCILIATION SUB-STATION 84 (407 WEST 117TH STREET) NEW YORK CITY |