1920-03-06 — Page 10

10

HOLLAND AND THE EX-KAISER.

LEGAL ASPECT OF SURRENDER.

11

question of the first magnitude in

the Law of Nations.

THE HONGKONG. TELEGRAPH,

SATURDAY, MARCH 6. 1920.

cognized in what are known as which is easier to deal with than on the part of the threatened Oxford Resolutions (adopted by law. Is it a political offence State to require his expulsion, the Institute of International) to become hostee humani gencris? so that it may be freed Law at its Oxford meeting in It will be recalled that from danger." If Holland retains 1880 and at the Geneva meeting the German submarines did the ex-Emperor she is always of 1899) that "a law or treaty of not limit their attentions to the open to this authoritative demand, extradition may be applied to ships of the nations with - demand that could not be refus- at wared on any legal ground. The ex A legal correspondent of the facts committed before it came which Germany was

and be--Emperor on expulsion would at Times writes: The tentative re-into force." Mr. Westlake per They saak neutrals fusal of the Netberlauds Govern- tinently points out that "this is ligerents at sight, and shelled the once be arrested.

Even if this very probable em- ment to surrender the ex-Kaiser the rule for all laws of procedure, boats in which the helpless crawe for trial in pursuance of Article which extradition essentially is. endeavoured to escape. Was that ergency did not arise, Holland 227 of the Treaty of Versaills of Only substantive laws have no a political act? It was beyond has still to face the provisions of June 28, 1919, definitely raises a

retroactive force." There can be all doubt ordered by the German the Peace Treaty creating the no doubt that the offences with Government. There is some League of Nations. M. Člen- which the ex-Emperor is charged direct authority on this point. In enceau, in his letter to the Dutch Article 227 concludes with the are offences bere and now and the case of in re Meunier (1894); Government of January 16. 1920, following clause:-"The Allied are not waiting to be made into Q.B.D., 415) Mr. Justice Care demanding the surrender of and Associated Powers will ad-

offences. Extradition is proce- allowed the extradition of Meunier | the ex-Emperor, pointed out dress a request to the Goverc.dural, and is only intended to on the ground that the party to that. Holland.

one of the the first to claim her ment of the Netherlands for the make existing substantive law which he belonged was surrender to thers of the ex-Em- operative. The Dutch Govern- enemy of all Governments." His place in the League of Nations, peror in order that he may be put ment does not allege, and no jurist offence was not political. It is Holland must therefore be on trial." On January 16, 1920, would advise it to allege, that the difficult to understand how it prepared to have this question of the Secretary of the Peace Con-ex-Kaiser is exempt from prose-could be argued that the offence the extradition of the ex-Emperor ference handed to the

cution by the fact of his Imperial of sinking unknown ships at sight | adjudicated upon by the Council Dutch

on the high seas is political. The of the League. Article 13 of the Minister a letter stating that the Fosition during the period of the

him. same contention is true with Treaty of Peace says definitely Allies had decided to put into ex-offences alleged against ecution without delay the con- Kingship in itself does not involve respect to all the offences indicat-that disputes as to any question ditions of Article 227, and con-immunity, though, of course, theed in the demand for the surrender of international law are sequently addressed to the Gov. kingship may be of such a can of the ex-Emperor. No one of those which are generally suitable ernment of Holland an official stitutional character that after these offences is political. With for arbitration." It would,

ex-

many

an

constitutional imitations of responsibility would arraignment the

be pleaded as answer to the charge. For the present purpose it is not necessary to discuss the responsibility of the ex-Kaiser from this point of view. Doubtless his advisers are now considering this question, and it may be that he will escape the

one accord they struck at the basis of all law and the existence of all organized society. Not least was this the case when Germany invaded Belgium, towards which country, under solemn Treaty obligations, Germany stood in the relationship of guardian to ward. The guardian not only endeavoured to destroy the

Was

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perhaps, be as well for this ques- demand to hand over to them William of Hohenzollern,

tion to be referred to a Court of Emperor of Germany, in order

Arbitration and thus reliere that he might be sent for trial.

Holland of a responsibility which The letter went on to say:--

is too great for any one State to "The Netherlands Government

support. That Court would no is in

possession

doubt indicate additional safe- of imprescriptible reasons which

guards. if any are needed, for imperatively demand that the

securing an absolutely impartial premeditated violations of inter-

tribunal for the trial "of national treaties, as well as the hand of justice on the technical political independence of the the ex-Kaiser. M. H. Carton de systematic ignoring of the most plea of a constitutional irresponward, but ravaged the land in a

Wiart, a former Belgian Minis- sacred. laws of International

sibility, which, if it existed, he fashion unknown in warfareter of Justice, who has recently justice, be followed in the case of Persistently overrode. But, how-since the days of the Thirty Years suggested in the columns of Le all, including the most highly-ever that may be, the point is not War. Germany, under the direc- Sur a safeguard which might well "placed personages, by the special taken by the Dutch Government. tion of its Emperor, not only be adopted wrote:-

penalties provided for by the and the Governmeut does not endeavoured to destroy political

"La participation au jugement Peace Treaty The Allied Powers advance the doctrine of the irres. societes, but became on land des magistrats appartenant a les recall briefly among so

ponsibility to justice of an abso- as well as sea, the enemy of nations demeurees neutres wrongs the cynical violation of lute monarch. Indeed, the old mankind. It is to be noticed pendant la guerre semble etre the neutrality of Belgium and doctrine of the Civil Law that that the Oxford resolutions of exclue par le texte meme de l'ar- Luxemburg, the barbarous and

"the Emperor shall answer for the Institute of International ticle 227 du traite de paix qui de- pitiless system of hostages, the the actions of his Ministers and Law referred to abore specifical termine le choix des cing nation- mass deportations. the carrying

servants" would seem to make any ly exclude from the range of alites qui composeront le tribunal. off of young girls from Lille, of responsibility. if, in fact, he barbarism or vandalism forbidden crois, l'assistance aux debats.

attempt to clear the ex-Emperor political offences"

s" acts of odious Toutefois, rien n'empecherait, je torn from their i families, and delivered up in

an absolute monarch, aby the laws was

and voire meme, aux deliberations de helpless condition to the worst

difficult one if extradition is "criminal acts directed against ce tribunal sans preceden:. atrocities, the systematic devast-Kranted. The doctrine of modern the bases of all" social organiza- d'assesseure ou de temoins mentres ation of whole territories without international law text-books that tion. and not only against a qui n'auraient ni voir military objects, the unrestricted established Government to its government

3 formal commission by an certain State or a certain form of deliberative. ni meme consulta submarine warfare, including the inisters and servants to com- against the ex-Emperor clearly devra pas etre refusee, me parait- The charges tive. Leur presence au proces be ichuman abandonment of victims on the high seas, the innumerable mit crimes purges such crimes come within these exceptions, il, si elle doit contribuer a donner ACLS committed against

has not yet been put to the test and though he may have an

au gouvernentent des Pays-Bas. combatants by the

of an actual case, but the recent answer to the charges, that is a lorsqu'il sera saisi de la demande authorities in spite of the rules of District Court (Southern District pleaded as

German decision in the United States matter for trial and not one to be prevue par le traite, les garanties warfare, &c. &c. For all these of New York) in the case of the demand for extradition. extradi- seules qu'il puisse raisonnable-

answer to d'une bonne justice qui sont les HOUSES WITHOUT BRICKS. acts the responsibility, at least, Lusitania shows that practical tion being merely a procederalment invoquer.” the moral responsibility, lies with lawyers are not likely to adopt matter and retroactive in its the Supreme Head who ordered the doctrine of immunity from operation. them or abused his powers to punishment of the members of infringe, or to allow to be infring-Government guilty of the ed, the most sacred rules of the

acts "The Dutch case for the refusal human conscience. The Powers

alleged against the ex-Kaiser of extradition seems to fail both cannot conceive that the Govern cause of the sinking of the refusal is persisted in and negoti-this proposal for the appointment specimen concrete house from the

Government: The in respect to law facts and if the

regard with less reprobation than the Imperial German Govern a very delicate position from the is one that would give to al ment of the Netherlands will usitania was the illegal aer of ations on the subject are declined of neutral assessors at the triar designs of Mr. Maberley Smith, themselves the immense respon-ment acting through its instru-Dutch point of view arises, apart doubters the assurance that the built at Acton, has just patented

who" were

şibility of the ex-Emperor.'

THE DUTCH REPLY.

non

and bis

ment, the submarine commander."

of

War"

THE RIGHT OF ASYLUM.

mination

Though no one could doubt that the Judges. whoever they may be, who will be appointed would see that the ex-Emperor on his trial has the benefit of every possible doubt and plea, get

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an invention in solid core concrete altogether from internal diful-trial will be a model of equity. ties springing from the deter-The object of the trial is not that construction This, it is claimed, The Netherlands Government)

"POLITICAL OFFENCES"

to defy the Great of revenge, nor directly even of represents a considerable advance) in its reply, relying upon its con- The Dutch Government are not Powers of the world. England, punishment. The goal in views gards utility.

The central feature of the tinued neutrality during the war. likely to challenge the doctrine which has always stood sturdily is the creation of a precedent finds itself unable to admit any of the responsibility of the ex-for the right of asylum, would be which will form for all time the invention relates to damp proof international duty to associate Kaiser and his Government for the last Power to press Holland sanction lying behind inter- itself with the Allied Powers, the crimes of the war. They to adopt a course which was con-national law. It is for this walls which are cored with damp- It goes on to say that it would cannot support the doctrine that trary to law and equity. But if reason that international jurists proof material, and the making of S be for Holland a duty to associate laws of procedure, such as ́ a the jurists of the Allied Powers are anxious that the authors of the bollow through the block or herself with a future jurisdiction process of extradition, can have are convinced, as they may the war and of the horrors of the running wall of building for the reception of the dampnaf cezar dealing with alleged crimes com, no retroactive force. They, well be convinced, that the war should be placed upon mitted after the creation of the therefore, in effect rely on the right and

It is claimed that its adoption the duty of in-trial which shall create the unwill reduce the cost of the average jurisdiction, but that Holland has undoubted fact that extraditionsisting on extradition exists, impregnable basis of a new always been a land of refuge for political offences cannot be Holland in refusing is faced by international jurisprudence.com-dwelling house by at least one- for the vanquished in inter-claimed by ang international two special difficulties. The first prising an international law of thint. national conflicts." and that as right. Therefore the whole pro-is the difficulty of so controlling crimes. things are the rights and honour blem reduces itself to the quest the ex-Emperor as to make it of the nation are opposed to the ion, were the offences for which certain that he is not plotting withdrawal of the ex-Emperc: the ex-Kaiser is to be arraign against the peace of Europe. No from the benefit of its laws and ed political offences, or what State is free to make its territory its traditions. It is a curious are known as relative political a shelter for fugitives if that act cently, Max Berg, hairdresser, of and inconclusive document, and offences"? If the offences are of asylum imperils the safety of Shoreditch High-street was sum plainly leaves the way open for purely political offences, and are its neighbours. In such event moned by the Shoreditch Pro- negotiation.

not of great gravity from the point those neighbours can of right fiteering Committee respecting a The Dutch case for the retent- of view of morality or of the demand the expulsion of the per-pot of toilet cream, sold for half-ana yrical chemist said he did ion of the ex-Kaiser is not strong, accepted general principles of sons so sheltered. Mr. Hall is a crown. Mr. E. H. Courbe,|not regard the preparation as a je not perhaps intended to be so municipal criminal law then the very clear on this point. If the who defended, submitted that the drug, and the manufacturer said strong, as it looks to the general Dutch Government would be sheltering Power fails to take cream was not a medicinal pre-it was entirely a beauty prepare reader. For instance, the plea clealy right in refusing to give us such precautions as may be neces-paration, and did not come under tion. The Magistrate dismissed against retrospective action is the ex-Emperor. So the question sary to prevent a fugitive from the same designation as tooth the summons and allowed two really meaningless. It was re-in dispute is reduced to one of fact, doing harm right arises powder or faller's earth. Anguineas costs.

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