Cf. Bluntschli (Das moderne Völkerrecht VIII. 512).—Wird sie dagegen nur strafrechtlich verfolgt, so wird dadurch der tatsächliche Kampf verwildert und es ist Gefahr dass die beiden streitenden Parteien in die Barbarei versinken und einander mit grausamen Represalien zu überbieten suchen. What a prophetic picture of Ireland in 1921!
PREFACE
Immediately after the outbreak of the present war, the Belgian civil population began a wild contest against the German troops, which constitutes a flagrant violation of international law, and resulted in the most serious consequences for Belgium and its people.
This struggle of a populace governed by the rudest passions raged during the entire forward march of the German Army through Belgium. When the Belgian Army had retired before the German troops, after obstinate combats, the Belgian civil population in the unoccupied parts of the country endeavoured to hinder the German advance by every possible means; moreover, even in the places which had been in possession of German troops for a long time, the inhabitants had no hesitation in trying to damage and weaken the German forces by cowardly and treacherous attacks. The full extent of this armed popular resistance can be gauged from the accompanying sketch-map (App. 1), wherein the German lines of advance and the Belgian places in which the civilian fighting took place are marked. That along these routes and at these places the Belgian civil population of every grade, age, and sex took part with the greatest bitterness and fury in the fights against the German troops can be proved from existing and weighty material, supported by official documents containing the results secured by examinations on oath and official reports. A selection from this material is given in the various Appendices, which, however, only deal with the most important events, and can be supplemented at any time by further extracts. According to the accompanying material the Belgian civil population fought against the German troops in many places in the provinces of Liège (Apps. 2-10), Luxembourg (Apps. 11-30), Namur (Apps. 12, 17, 31-42), Hainault (Apps. 3, 7, 10, 40, 43-46, 49), Brabant (Apps. 47-49), East and West Flanders (Apps. 49, 50). The fights were of a particularly dreadful character in Aerschot, Andenne, Dinant, and Louvain, and about these places special reports were delivered by the Military Court of Examinations, instituted by the Ministry of War for the purpose of inquiring into the violations of the laws of war (Apps. A, B, C, D). According to these reports, men in all stations of life—workmen, factory owners, doctors, teachers, even priests, not to speak of women and children—were arrested with weapons in their hands (Apps. 18, 20, 25, 27, 43, 47; A5; C18, 26, 29, 31, 41, 45, 48); in districts from which the Belgian regular troops had long since retired the Germans were fired on from houses and gardens, roofs and cellars, fields and woods. In the fighting, methods were employed to which regular troops would certainly not have resorted, and large quantities of sporting-guns and ammunition, out-of-date revolvers and pistols were also found (Apps. 6, 11, 13, 26, 36, 37, 44, 48, 49; A2; C52, 81; D1, 2, 6, 20, 37); in consequence, there were numerous cases of wounds caused by small-shot, and also by scalding with hot tar and boiling water (Apps. 3, 10; B2; C5, 11, 28, 57; D25, 29). In view of all these facts, there can be no doubt that the uprising in Belgium was not undertaken by isolated civilians, but by large masses of the population.
The methods of fighting employed by the civilian population were absolutely incompatible with the universally recognised rules of international law, as laid down in Articles 1 and 2 of the Hague Convention (Laws and Customs of War on Land), which had also been accepted by Belgium. These rules differentiate between organised and unorganised civilian warfare. In an organised People's War (Article 1) the militia and volunteer corps, in order to be recognised as belligerents, must observe the four following regulations: They must have responsible leaders at their head; they must wear a distinctive badge, also visible at a distance; they must carry their weapons openly; and must conform with the laws and usages of war. The unorganised People's War (Article 2) need not fulfil the first two of the above conditions, but must strictly adhere to the two latter ones: it may only be carried on in territory not yet occupied by the enemy, and only then if no time has been left to arrange for an organised People's War.
The two special conditions laid down for organised civilian warfare were certainly not carried out by the Belgian francs-tireurs, because all the German military reports are unanimous in stating that the civilians found fighting had no responsible leaders, and wore no military badges (Apps. 6, 49; C4-7, 12, 15, 22, 24, 25, 31; D). The Belgian francs-tireurs can therefore not be looked upon as organised militia or volunteer corps according to the meaning of the laws of war. The fact that apparently Belgian soldiers and members of the Garde Civique also took part in their enterprises does not alter the case, because, as these persons too did not wear military badges, but mingled with the population in civilian dress (Apps. 6; A3; C25; D1, 30, 45, 46), they forfeited the rights of belligerents.
The whole of the Belgian People's War can therefore only be regarded as an unorganised armed opposition of the civilian population. Being as such only permissible in unoccupied territory, it was without doubt absolutely against international law, when carried out in places already in the possession of German troops, as, for instance, in Aerschot, Andenne, and Louvain. But also in those places not yet occupied by German troops unorganised civilian war was not permissible, as the Belgian Government had had ample time to organise civilian war in accordance with international law. The Belgian Government had reckoned with the fact for many years, that in the event of an outbreak of war between Germany and France they would be drawn into the conflict; the preparations for their mobilisation were, as can be proved, commenced at least a week before the entry of the German troops. The Government were therefore in the position to provide those members of the civilian population they proposed to make use of for fighting purposes with military badges, and give them responsible leaders. If the Belgian Government made known to the German Government through the mediation of a neutral Power that they had taken the necessary measures, this only proves that they were in a position to comply with the conditions as laid down; in any case, however, such steps were not taken in those parts of the country traversed by the German troops.
The requirements of international law for an unorganised People's War were, according to this, quite disregarded in Belgium, and, moreover, it was carried on in a manner which alone would have sufficed to have put those who participated in it outside the laws of war. For the Belgian francs-tireurs regularly carried their weapons in a concealed fashion, and failed to observe the laws and usages of war throughout.
On unimpeachable evidence it has been proved that, in a large number of cases, the German troops were received by the inhabitants on their arrival in an apparently friendly manner, and then, when darkness set in, or some other opportunity presented itself, were surprised by an armed attack; such cases occurred especially in Blegny, Esneux, Grand Rosière, Bièvre, Gouvy, Villers devant Orval, Sainte-Marie, Les Bulles, Yschippe, Acoz, Aerschot, Andenne, and Louvain (Apps. 3, 8, 11-13, 18, 22, 28, 31, 43; A, B, D). All these surprise attacks obviously offend against the precept of international law that weapons are to be carried openly.