Immediately after the outbreak of the present war there arose in Belgium a violent struggle by the people against the German troops which forms a flagrant violation of international law and has had the most serious consequences to the Belgian country and people.
This struggle of a population which was under the dominion of the wildest passions continued to rage throughout the whole of the advance of the German army through Belgium. As the Belgian army fell back before the German troops after obstinately contested engagements, the Belgian civil population attempted by every means to impede the German advance in those parts of the country which were not yet occupied; but they did not scruple to injure and weaken the German forces by cowardly and treacherous attacks, also in places which had long been occupied by the German troops. The extent of this armed popular resistance can be seen from the attached general plan (Appendix 1) on which were marked the lines of the German advance, and the Belgian places in which the popular struggle chiefly raged. We have an overwhelming amount of material resting on official sources, especially on evidence given under oath and official reports, that on these routes and in these places the Belgian civil population of every rank, age, and sex took part in the struggle against the German troops with the greatest bitterness and fury. In the Appendices is given a selection from this material which, however, embraces only the more important events and can at any time be increased by further documents.
According to the attached material the Belgian civil population fought against the German troops in numerous places in the provinces of Liège (Appendices 2-10), Luxembourg (Appendices 11-30), Namur (Appendices 12, 17, 31-42), Henegau (Appendices 3, 7, 10, 40, 43-46, 49), Brabant (Appendices 47-49), East and West Flanders (Appendices 49, 50). The conflicts in Aerschot, Andenne, Dinant, Louvain assumed a particularly frightful character, and special reports have been provided on them by the Bureau which has been appointed in the Ministry of War for investigation of offences against the laws of war (Appendices A, B, C, D). Men of the most different positions, workmen, manufacturers, doctors, teachers, even clergy, and even women and children were seized with weapons in their hands (Appendices 18, 20, 25, 27, 43, 47; A 5; C 18, 26, 29, 31, 41, 42-44, 56, 62; D 1, 19, 34, 37, 38, 41, 45, 48). In districts from which the Belgian regular troops had long retired, the German troops were fired on from houses and gardens, from roofs and cellars, from fields and woods. Methods were used in the struggle which certainly would not have been employed by regular troops, and large numbers of sporting weapons and sporting ammunition and some old-fashioned revolvers and pistols were discovered (Appendices 6, 11, 13, 26, 36, 37, 44, 48, 49; A 2, C 52, 81; D 1, 2, 6, 20, 37). Corresponding with this were numerous cases of wounds by shot and also by burns from hot tar and boiling water (Appendices 3, 10; B 2; C 5, 11, 28, 57; D 25, 29). According to all this evidence there can be no doubt that in Belgium the People’s War (Volkskrieg) was carried on not only by individual civilians, but by great masses of the population.
The conduct of the war by the Belgian civil population was completely irreconcilable with the generally recognised rules of international law as they have found expression in Articles 1 and 2 of The Hague Convention: The Laws and Customs of War on Land, which had been accepted by Belgium. These regulations distinguished between organised and unorganised People’s War. In an organised People’s War (Article 1), in order that they may be recognised as belligerents, the militia and volunteer corps must satisfy each of the following conditions: They must have responsible leaders at their head; they must bear a definite badge which is recognisable at a distance; they must bear their weapons openly; and they must obey the laws and usages of war. The unorganised People’s War (Article 2) can dispense with the first two conditions, that is, responsible leaders and military badges. It is, however, bound instead by two other conditions; it can only be carried on in that part of the territory which has not yet been occupied by the enemy, and there must have been no time for the organisation of the People’s War.
The two special conditions required for the organised People’s War were certainly not present in the case of the Belgian francs-tireurs. For, according to the reports of the German military commands, which agree with one another, the civil persons who were found taking part in the struggle had no responsible leaders at their head, and also wore no kind of military badge (Appendices 6, 49; C 4-7, 14, 15, 22, 24, 25, 31; D). The Belgian francs-tireurs can therefore not be regarded as organised militia or volunteers according to the laws of war. It makes no difference in this, that apparently Belgian military and members of the Belgian “Garde Civique” also took part in their enterprises; for as these individuals also did not wear any military badge but mingled among the fighting citizens in civilian dress (Appendices 6; A 3; C 25; D 1, 30, 45, 46), the rights of belligerents can just as little be conceded to them.
The whole of the Belgian People’s War must therefore be judged from the point of view of an unorganised armed resistance of the civil population. As such resistance is only allowed in unoccupied territory, it was for this reason alone, without any doubt, contrary to international law in all those places which were already in occupation of German troops, and particularly at Aerschot, Andenne, and Louvain. But the unorganised People’s War was also impermissible in those places which had not yet been occupied by German troops, and particularly in Dinant and the neighbourhood, as the Belgian Government had sufficient time for an organisation of the People’s War as required by international law. For years the Belgian Government has had under consideration that at the outbreak of a Franco-German war it would be involved in the operations; the preparation of mobilisation began, as can be proved, at least a week before the invasion of the German army. The Government was therefore completely in a position to provide the civil population with military badges and appoint responsible leaders, so far as they wished to use their services in any fighting which might take place. If the Belgian Government in a communication which has been communicated to the German Government through a neutral Power, maintain that they took suitable measures, this only proves that they could have satisfied the conditions which had been laid down; in any case, however, such steps were not taken in those districts through which the German troops passed.
The requirements of international law for an unorganised People’s War were then not complied with in Belgium; moreover, this war was carried on in a manner which alone would have been sufficient to have put those who took part in it outside the laws of war. For the Belgian francs-tireurs regularly carried their weapons not openly, and throughout failed to observe the laws and usages of war.