The Attitude of the Belgian Government
The declaration made by the Belgian Government the 5th August, 1914, and referred to in the communication of the German Government, reproduced above, included the assurance that Belgium would conform during the war to the laws and usages of war laid down by the Hague Conferences. Belgium, therefore, was perfectly within her rights in allowing armed resistance by civilians, in cases and under conditions recognised as legitimate by the Hague Conventions. And it was only from caution and from premonition of the fate which civilians would undergo, if they failed in any one of the conditions defined in the first article of the Hague Convention, that the Belgian Government recommended civilians to refrain from resistance. But a recommendation which was made only as a precaution against flagrant injustice does not rid an action, foreseen and in fact committed, of its unjust character. In spite of the advice given by their Government, the Belgians consequently did not lose their right “to take up arms spontaneously on the approach of the enemy to oppose invading troops,” and, notwithstanding that opposition, of being treated as belligerents by the Germans.
Did the Belgians exercise this right? In certain places it is reported that some people did exercise it. If the fact is as stated, we can see nothing in it but what is worthy of admiration. Such instances do infinite honour to Belgian patriotism. However, it appears clear that the order given was followed, and that the whole thing, if it took place at all, reduces itself to the acts of individuals. The acts of violence committed by the Germans have been no less far-reaching and extreme, so true is it that, though invoking principles which were notoriously erroneous and cruel, the application which they made of them was nevertheless lying and arbitrary. Such is the first category of crimes committed by the Germans against non-combatants.
Moreover, even if they had had in this respect some complaint to make of civilians, if they had been authorised by the law of war to punish acts of violence committed against them under conditions that were forbidden, the right of repression which they invoke could never go so far as the penalty of death. Every addition thereto in point of punishment is excess, and an indication of barbarism. To extend to a whole population reprisals inflicted in consequence of a single act is something no less abominable, but that is just what the Germans have done.