Archive/File: imt/nca/nca-06/nca-06-C-2.02 Last-Modied: 1999/12/14 II. THE OPPONENT'S VIOLATIONS (a) Incidents (b) Example (c) Attitude of the International Law Group (1) Judgment by (2) Justification International Law by the laws of warfare (1) Bombing or Judgment by If it is at all shelling attacks International Law possible, claim on localities as in Section I, that the enemy where there are (1a) In an air No. 1, c 1. carried out no military raid on Berlin, deliberate installations. the French precision bombing (a) Bombing of Embassy is and what is extra-territorial destroyes specially to be buildings and condemned is that areas. the French Embassy contains valuable art treasures and that subjects of enemy states are staying there, having found asylum there. Moreover, that the French Embassy made efforts to avert the conflict. (2) Injuring or American Subjects of It will be killing of subjects are neutral states difficult to subjects of injured or outside the actual prove that the neutral states killed in an air war zone are enemy did this outside the raid on Dresden. protected by with intent. The actual zone. International Law. only other possible assertion is that as the buildings and persons were clearly distinguishable by the indications of American territory, or white flags, there was no excuse for attacking them. There were no military objectives near the scene of the onslaught. [Page 809] (3) Bombing and (3) In an air Judgment by Accuse the enemy shelling attacks raid on Vienna, International Law of having aon hospitals, hospitals are as in Section I, violated Art. 27 military destroyed and No. 3, c 1. of the Hague hospitals, Red Cross Rules for Land churches and personnel and Warfare by cultural patients killed. omitting to monuments. provide suitable for the protection of the hospitals in Vienna which by day and night were marked sufficiently distinctly by the Red Cross. In this case, also, the intention of precision bombing must be imputed as much as possible. (4) Destruction (4) Detonators Prohibition of Such destruction of villages, are placed in international law as the blowing up settlements, the Aussig Dam exists only with of the Aussig Dam agricultural in order to regard to the can only be areas, industrial destroy the destruction and branded as the and surrounding area removal of enemy most inhuman, communications and the property, other senseless, and installations inhabitants by than in those useless method of which serve no flooding. cases where this taking revenge on military purpose. destruction or innocent people. removal is made Compare similar urgent by the cases of barbaric necessitites of action in the war (Art. 23g of Hussite Wars and the Hague Rules in the behavior for Land Warfare). of the Czech Legion in Siberia, 1918/1920. (5) Use of war When Czech Judgment by Making wells weapons which can troops withdrew International Law unfit for use by be employed under from the Sudeten as in Section II, throwing in certain - German area, par 5, C 1. stable manure, conditions and of wells in many for example, is new types of war places are an authorized weapons such as contaminated. means of war. gas, flame- International Law throwers, forbids only the chemical warfare poisoning of agents and wells. bacteriological Contamination by substances. bacteria, on which this example is apparently based, is forbidden by International Law both in the Hague Ruling for Land Warfare and in the Convention of 1925. A propaganda attack is therefore justified. (6) Underhand In Postelberg, Underhand means of The enemy must be means of waging Czech trucks and warfare as, for accused of war: continuing locomotives have example, feigning employing the fight after been camouflaged death and shooting unchivalrous the enemy has by German from the rear at means of warfare, apparently National advancing troops, and he will gain surrendered - markings and showing white little advantage camouflage by swastikas. flags and firing by means which abuse of German with hidden are dishonorable or neutral machine guns on and repugnant to national the approach of an honest markings. the unsuspecting soldier. enemy justify immeidate reprisals without mercy. The misuse of the flag of truce, they national flag or of the military badges or uniforms of the opponent or of the Red Cross is forbidden (Art. 23e, Hague Rules for Land Warfare) but it becomes misuse only if enemy operations are undertaken under the camouflage; these enemy operations also justify immediate reprisal measures. The camouflaging of Czech trucks and locomotives by German national markings and swastikas is not contrary to international law. It becomes contrary thereto only if they are employed in enemy operations, under this camouflage. (7) Maiming or When being taken Killing or In this case, killing of into the Eger injuring one's own propaganda can wounded, hospital, a subjects does not only be directed prisoners, serious injured come under the once more against defenseless Sudeten-German judgment of Czech brutality persons, women motor cyclist is international law. in general. In and children. shot by Czech Killing or addition, it must soldiers, who injuring of be stressed that said: "The defenseless those injured and German swine persons, wounded killed were will die and prisoners of subjects who anyway." enemy nationality belonged to Czech is expressly state only forbidden by because they were International Law. forced to and whose return to the Reich had already been promised. (8) Use of German prisoners Judgment by Discretion must prisoners of war of war are International Law be used in for war work employed under as in Section I, reproaches of (road guard as truck para. 8, C 1. this kind, for it contruction, drivers for is possible that digging trenches, transferring similar production of back raw accusaitons could munitions, materials of be made against employment in war. us by the transport opponent if the service, etc.). fact is to be made use of for propaganda purposes. All that can be asserted is that our prisoners were employed by the opponent for transporting munitions behind their front lines. (10) Compulsory Members of the a judgment from Also, all that evacuation of Polish minority the standpoint of can be referred national are compulsorily International Law to in propaganda minorities from evacuated to the does not come into are Czech acts of their homes, and interior of the the question. brutality. confiscating country in their food military stuffs, fodder transports. and live-stock, etc. [Page 813] (11) Measures for In localities on Measures for In this case it inciting, arming, the Czech- inciting one's own would be and taking Silesian subjects, for appropriate to control of the frontier summons arming and give warnings civilian to fight German conducting referring to the population (Franc-troops are guerilla warfare, civilian warfare tireur warfare). issued, and arms are allowed. The of August 1914 in distributed to national warning Belgium, which the civilian itself, must not caused the death population. exceed the limits of thousands of prescribed by inhabitants. International Law Cunning snipers (Art. 1 and 2 of without uniform the Hague Rules and soldiers in for Land Warfare), civilian clothes, i.e., prescribed after pretending badges to be recognizable at a acquiescent, distance, bearing attacked soldiers arms openly, etc. on the march and in their billets and provoked the reprisals justified by such actions. For use in propaganda, it must be particularly stressed that the above-named conditions justifying a national uprising were not fulfilled and the outward identification marks of armed civilians were lacking. (12) Violation of Czech airmen It is contrary to The violation of neutral drop bombs on International Law the neutrality of territorial the German- for combat Polish territory rights by flying Polish frontier, aircraft to fly and the over or bombing destroying the over the destruction of it. town hall in territories of non-military Lissa and a neutral power. buildings of church in which the church Rawitsch. in Rawitsch is specially protected by International Law constitute a serious breach of International Law which must be correspondingly used to the full in propaganda. In addition, it is necessary to point out that it was obviously a deliberate air raid. (13) Slanderous The Melnick Making the enemy Remedy in this propaganda by Radio Station contemptible is a case is possible false reports on spreads reports stratagem of war only by the measures of that dum-dum allowed by correcting the the German projectiles have international law, reports, and command and on been used by even if in so better still by the combat German troops. doing many lies counter-attack, elements, by Polish and in which, of accounts of newspapers show misrepresentations course, we can atrocities in false are made. The also make use of press reports, photographs of efforts made by the spreading of news picture this. different powers, atrocity stories. broadcasts, etc. Germany amongst Nothing more can them, to form and be done than to international attempt to beat agreement to the opponent at restrict the his own game or propaganda of war get equal with atrocities failed him in some way in 1932. or other.
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