Under the first and second categories there is obvious difficulty in proving intention, especially under the conditions of modern long-range artillery fire. A commanding officer's duty is to give strict orders to respect hospitals, ambulances, &c., and also to place Red Cross units as far away as possible from any legitimate line of fire. But with all care some accidents must happen, and many reported cases will be ambiguous. At the same time, when military observers have formed a distinct opinion that buildings and persons under the recognizable protection of the Red Cross were willfully fired upon, such opinions cannot be disregarded.
Between thirty and forty of the depositions submitted related to this offense. This number does not in itself seem so great as to be inconsistent with the possibility of accident.
In one case a Red Cross depôt was shelled on most days throughout the week. This is hardly reconcilable with the enemy's gunners having taken any care to avoid it.
There are other cases of conspicuous hospitals being shelled, in the witnesses' opinion, purposely.
In one of these the witness, a Sergeant Major, makes a suggestion which appears plausible, namely, that the German gunners use any conspicuous building as a mark to verify their ranges rather than for the purpose of destruction. It would be quite according to the modern system of what German writers call Kriegsräson to hold that the convenience of range-finding is a sufficient military necessity to justify disregarding any immunity conferred on a building by the Red Cross or otherwise. In any case, artillery fire on a hospital at such a moderate range as about 1,000 yards can hardly be thought accidental.
(2) As to firing on ambulances, the evidence is more explicit.
In one case the witness is quite clear that the ambulances were aimed at.
In another case of firing at an ambulance train the range was quite short.
In another a Belgian Red Cross party is stated to have been ambushed.
On the whole we do not find proof of a general or systematic firing on hospitals or ambulances; but it is not possible to believe that much care was taken to avoid this.