The Archive · 1922

Lord Cave on War Crimes

Leipzig Trials and Punishment Problems Lord Cave delivered address recently on "War Crimes and their Punishment," at the annual general meeting of the Grotius Society at the Inner Temple Hall, London. Sir Alfred Hopkinson, K. C. (president the society), occupied the chair Tord Cave said the subject of war crimes and their punishment was of urgent and practical interes; to international lawyers and to the world. He referred to specific fa stances of- acts of crime committed in the late war, such as the sinking of the Lusitania and of ten of our hospital ships, and the destruction of the lifeboats carrying survivors from. the Llandovery Castle. If these acts were examiner he thought it would be fowld that call of them were not only forbidden cly the laws and usages of war, but were, according to the general understanding of civilized people, acts of a criminal nature. It might be that the category of such offences was still undefined, but it appeared to him that little practical difficulty arose - under this bead. The written laws of war were embodied in such documents as the Paris, Geneva, and Hague Conventions, and presented little or no difficulty of interpretation.

As to whether it was desirable that such offences committed in war time should be punishable, thers veculd be no doubt. No one wanted to be vindictive, but a law without 'a sanction was of little value, and if the rules established by the agreement or common understanding of nations for mitigating the barbarities of war might, on the breaking out of war, be thrown aside with impunity, there would be little inducement to lawyers or statesmen to spend further time upon their consideration.

Discussing the question whether and in what manner personal punishment could be inflicted en those responsible for war crimes, Lord Cawe said that during war there were remedies which were not dificult to apply, but were very limited in application. It was) universally recognized that breaches of the law of war - might be met by reprisals. But the use of retaliatory methods was unsatisfactory, for 1t o2used suffering to the innocent and might lead to counter-retaliation. When peace was made new difficulties ensued, even for the victorious nation.

People talked lightly of bringing war criminals to justice, but every lawyer knew that there were real difficulties, and the question was hew they could be surmounted. The question was considered at Versail-Jes, and the Treaty contained provisions dealing with the matter.

to the present, however, the the only effect was the conviction of six persons out of sixteen selected cases nut forward by the Allies.

He thought that we should, at the éarliest- possible moment, codify the Criminal Law of War and prescribe

Text read from the printed page and cleaned; old type leaves the occasional error.

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