Part 2

This struggle of a populace governed by the rudest passions raged during the entire forward march of the German Army through Belgium. When the Belgian Army had retired before the German troops, after obstinate combats, the Belgian civil population in the unoccupied parts of the country endeavoured to hinder the German advance by every possible means; moreover, even in the places which had been in possession of German troops for a long time, the inhabitants had no hesitation in trying to damage and weaken the German forces by cowardly and treacherous attacks. The full extent of this armed popular resistance can be gauged from the accompanying sketch-map (App. 1), wherein the German lines of advance and the Belgian places in which the civilian fighting took place are marked. That along these routes and at these places the Belgian civil population of every grade, age, and sex took part with the greatest bitterness and fury in the fights against the German troops can be proved from existing and weighty material, supported by official documents containing the results secured by examinations on oath and official reports. A selection from this material is given in the various Appendices, which, however, only deal with the most important events, and can be supplemented at any time by further extracts. According to the accompanying material the Belgian civil population fought against the German troops in many places in the provinces of Liège (Apps. 2-10), Luxembourg (Apps. 11-30), Namur (Apps. 12, 17, 31-42), Hainault (Apps. 3, 7, 10, 40, 43-46, 49), Brabant (Apps. 47-49), East and West Flanders (Apps. 49, 50). The fights were of a particularly dreadful character in Aerschot, Andenne, Dinant, and Louvain, and about these places special reports were delivered by the Military Court of Examinations, instituted by the Ministry of War for the purpose of inquiring into the violations of the laws of war (Apps. A, B, C, D). According to these reports, men in all stations of life--workmen, factory owners, doctors, teachers, even priests, not to speak of women and children--were arrested with weapons in their hands (Apps. 18, 20, 25, 27, 43, 47; A5; C18, 26, 29, 31, 41, 45, 48); in districts from which the Belgian regular troops had long since retired the Germans were fired on from houses and gardens, roofs and cellars, fields and woods. In the fighting, methods were employed to which regular troops would certainly not have resorted, and large quantities of sporting-guns and ammunition, out-of-date revolvers and pistols were also found (Apps. 6, 11, 13, 26, 36, 37, 44, 48, 49; A2; C52, 81; D1, 2, 6, 20, 37); in consequence, there were numerous cases of wounds caused by small-shot, and also by scalding with hot tar and boiling water (Apps. 3, 10; B2; C5, 11, 28, 57; D25, 29). In view of all these facts, there can be no doubt that the uprising in Belgium was not undertaken by isolated civilians, but by large masses of the population.

The methods of fighting employed by the civilian population were absolutely incompatible with the universally recognised rules of international law, as laid down in Articles 1 and 2 of the Hague Convention (Laws and Customs of War on Land), which had also been accepted by Belgium. These rules differentiate between organised and unorganised civilian warfare. In an organised People's War (Article 1) the militia and volunteer corps, in order to be recognised as belligerents, must observe the four following regulations: They must have responsible leaders at their head; they must wear a distinctive badge, also visible at a distance; they must carry their weapons openly; and must conform with the laws and usages of war. The unorganised People's War (Article 2) need not fulfil the first two of the above conditions, but must strictly adhere to the two latter ones: it may only be carried on in territory not yet occupied by the enemy, and only then if no time has been left to arrange for an organised People's War.

The two special conditions laid down for organised civilian warfare were certainly not carried out by the Belgian francs-tireurs, because all the German military reports are unanimous in stating that the civilians found fighting had no responsible leaders, and wore no military badges (Apps. 6, 49; C4-7, 12, 15, 22, 24, 25, 31; D). The Belgian francs-tireurs can therefore not be looked upon as organised militia or volunteer corps according to the meaning of the laws of war. The fact that apparently Belgian soldiers and members of the Garde Civique also took part in their enterprises does not alter the case, because, as these persons too did not wear military badges, but mingled with the population in civilian dress (Apps. 6; A3; C25; D1, 30, 45, 46), they forfeited the rights of belligerents.

The whole of the Belgian People's War can therefore only be regarded as an unorganised armed opposition of the civilian population. Being as such only permissible in unoccupied territory, it was without doubt absolutely against international law, when carried out in places already in the possession of German troops, as, for instance, in Aerschot, Andenne, and Louvain. But also in those places not yet occupied by German troops unorganised civilian war was not permissible, as the Belgian Government had had ample time to organise civilian war in accordance with international law. The Belgian Government had reckoned with the fact for many years, that in the event of an outbreak of war between Germany and France they would be drawn into the conflict; the preparations for their mobilisation were, as can be proved, commenced at least a week before the entry of the German troops. The Government were therefore in the position to provide those members of the civilian population they proposed to make use of for fighting purposes with military badges, and give them responsible leaders. If the Belgian Government made known to the German Government through the mediation of a neutral Power that they had taken the necessary measures, this only proves that they were in a position to comply with the conditions as laid down; in any case, however, such steps were not taken in those parts of the country traversed by the German troops.

The requirements of international law for an unorganised People's War were, according to this, quite disregarded in Belgium, and, moreover, it was carried on in a manner which alone would have sufficed to have put those who participated in it outside the laws of war. For the Belgian francs-tireurs regularly carried their weapons in a concealed fashion, and failed to observe the laws and usages of war throughout.

On unimpeachable evidence it has been proved that, in a large number of cases, the German troops were received by the inhabitants on their arrival in an apparently friendly manner, and then, when darkness set in, or some other opportunity presented itself, were surprised by an armed attack; such cases occurred especially in Blegny, Esneux, Grand Rosière, Bièvre, Gouvy, Villers devant Orval, Sainte-Marie, Les Bulles, Yschippe, Acoz, Aerschot, Andenne, and Louvain (Apps. 3, 8, 11-13, 18, 22, 28, 31, 43; A, B, D). All these surprise attacks obviously offend against the precept of international law that weapons are to be carried openly.

The chief burden of blame which rests on the Belgian people is, however, their unheard-of violation of the usages of war. In several places, for instance Liège, Herve, Brussels, Aerschot, Dinant, and Louvain, German soldiers were treacherously murdered (Apps. 18, 55, 61, 65, 66; A1; C56, 59, 61, 67, 73-78), which is absolutely against the prohibition which forbids the "treacherous killing or wounding of individuals belonging to the enemy people or army" (Article 23, Section 1 (b) of the Hague Convention: The Laws and Customs of War on Land). Further, the Belgian population did not respect the sign of the Red Cross, and thereby offended against Article 9 of the Geneva Convention of July 6th, 1906; in particular, they did not hesitate to fire upon the German troops under the protection of this sign, and also to attack hospitals in which there were wounded, as well as members of the Ambulance Corps, while they were carrying out their duties (Apps. 3, 4, 12, 19, 23, 28, 29, 32, 41, 49; C9, 16-18, 32, 56, 66-70; D9, 21, 25-29, 38, 47). Finally, it is absolutely certain that German wounded were plundered and killed by the Belgian population, and indeed in many cases horribly mutilated; and that even women and young girls took

## part in these shameful actions. In this way the eyes of German wounded

were torn out, ears, noses, fingers, and sexual organs cut off, or their bodies slit open (Apps. 54-66; C73, 78; D35, 37); in other cases, German soldiers were poisoned, hung on trees, deluged with burning fluid or otherwise burnt, so that they died a particularly agonising death (Apps. 50, 55, 63; C56, 59, 61, 67, 74-78). This bestial behaviour on the part of the population is not only absolutely contrary to the express obligation laid down in Article 1, Section 1 of the Geneva Convention regarding the "respect and care of" the wounded and sick of the enemy army, but also to the first principles of the laws of war and humanity.

Under these circumstances, the Belgian civil population who took part in the fights could of course make no claim to the treatment due to belligerents. On the contrary, it was absolutely necessary for the preservation of the German Army to have recourse to the sharpest measures against these francs-tireurs. Individuals who fought against the German troops had therefore to be cut down; prisoners could not be treated as prisoners of war, according to the laws of war, but as murderers. All the same, the forms of judicial procedure were complied with, in so far as they were compatible with the necessities of war; the prisoners were, when the circumstances permitted, only shot after a hearing in accordance with the regulations, or after sentence by a military court (Apps. 19, 20, 37, 40, 41, 43, 44, 48). Old men, women, and children were spared to the widest extent, even when gravely suspected (Apps. 49; C5, 6, 25, 26, 28, 31, 35, 41, 47, 79); and indeed the German soldiers, although their patience was put to an extremely hard test, looked after such people, whenever possible, sometimes in the most self-sacrificing manner, taking the helpless under their protection when in danger, sharing their bread with them, bringing the sick and weak to places where they could be cared for (Apps. C45, 47, 51-53, 55, 58, 80-86).

That the Belgian Government are largely to blame for the illegal attitude of their population towards the German Army is indisputable. For apart from the fact that a Government has, under all circumstances, to bear the responsibility for actions of this kind, which are the expression of the popular will, the serious accusation must be made against them that they did not put an end to this guerilla war, although they could have done so (Apps. 33, 51-53; D42, 43, 48). It would certainly have been easy for them to give the necessary instructions to their officials, such as the Burgomasters, members of the Garde Civique, and the soldiers, in order to check the passionate excitement of the people, which had been artificially aroused. Therefore the full responsibility for the terrible blood-guiltiness which rests upon Belgium must be attached to the Belgian Government.

The Belgian Government have made the attempt to free themselves from this responsibility by attributing blame for the occurrences to the destructive rage of the German troops, who are said to have committed deeds of violence without any reason. They have appointed a Commission for the investigation of the alleged German outrages, and have made the findings of this Commission the subject of diplomatic complaint. This attempt to pervert the facts has failed utterly. The German Army is accustomed to make war only against hostile armies, and not against peaceful inhabitants. The incontestable fact that from the commencement a defensive struggle was forced on the German troops in the interests of self-protection by the population of the country cannot be argued away by the investigations of any Commission.

The narratives of fugitives gathered together by the Belgian Commission, which are characterised as being the result of scrupulously impartial investigations, bear the stamp of untrustworthiness, if not of malicious misrepresentation. In view of the existing conditions the Commission was not in a position to test the correctness of the reports brought before it, or to grasp the connection of events. Their accusations against the German Army are therefore nothing but low calumnies, which cannot stand before the documentary evidence possessed by us.

The struggle of the German troops with the civil population of Aerschot did not arise because German officers attacked the honour of the Burgomaster's family, as is suggested on the Belgian side, but on account of a well-thought-out attack on the Commanding Officer of the place by the civil population, who treacherously murdered him (App. A). At Dinant it was not innocent, peaceful inhabitants who fell victims to the German arms, but murderers, who treacherously attacked German soldiers, and in this way involved the troops in a struggle which destroyed the city (App. C). In Louvain the fight with the civil population did not arise because fleeing German troops were involved by mistake in hand-to-hand contests with their comrades who were entering the town, but because a deluded population, unable to grasp the course of events, thought they could destroy the returning German soldiers without danger (App. D). Moreover in Louvain, as in other towns, the burning torch was only applied by German troops when bitter necessity demanded it. The plan of the destruction of Louvain (App. 50) shows clearly how the troops confined themselves to destroying only those parts of the city in which the inhabitants opposed them in a treacherous and murderous manner. It was indeed German troops who took care, whenever possible, to save the artistic treasures, not only of Louvain, but of other towns; a special German Commission has shown to what a large extent German troops protected the art treasures of Belgium.

The Imperial German Government believe that by the publication of the material contained in this work they have proved in a convincing manner that the action of the German troops against the Belgian civil population was provoked by the illegal guerilla war, and was required by the necessities of war. On the other hand, they level a solemn and emphatic protest against a population which has, by the most despicable means, waged a dishonourable war against the German soldiers and still more against a Government which, in complete perversion of its duties, gave rein to the senseless passions of the population, and now does not scruple to endeavour to free itself from its own heavy guilt by mendacious libels upon the German Army.

BERLIN, _May 10th, 1915_.

THE GERMAN ARMY IN BELGIUM

APPENDICES 2-66--DOWN THE EASTERN FRONTIER

App. 2.

Statement of Lieutenant of Reserve Max von Amelunxen, Jäger Battalion No. 4 (at the time attached to the Headquarters Staff, 2nd Army).

I took part in the sudden outbreak of hostilities at Liège as Reserve officer of my battalion. When during the advance upon Liège a stoppage occurred on the line of march, I rode out through the village of Battice to discover the cause. At the very first houses, I was fired upon, and saw clearly two civilians shooting from a window in the roof, whose fire I returned. One of them I must have killed with my Mauser carbine, for he fell to the ground at once. I believe I hit the other also. At the same time from different sides--in my estimate there were at least from 15 to 20 guns--fire was opened on myself and the cavalry men, who had in the meantime arrived on the scene. I received a light gunshot wound in the lower part of my body, while many pellets passed through my valise. The persons who fired were certainly civilians. The houses, from which they had been fired at, were set alight by the troops who had arrived. I myself had meanwhile ridden on farther. The incident must have occurred on the 4th or 5th of August.

During later motor-car journeys on military duties I was fired at by civilians on countless occasions. In France up to the present nothing of the kind has ever happened to me.

Signed: v. AMELUNXEN.

App. 3.

STATEMENT of Colonel von Gottberg, Infantry Regiment Freiherr von Sparr (3rd Westphalian), No. 16, 14th Division.

GUIGNICOURT, _September 29th, 1914_.

On the 5th August 1914, just before dark, violent gun-fire was directed against our heavy baggage from many windows by the inhabitants of the village of Blegny. Lieutenant Hahn deposes that troops were fired upon at night by the inhabitants from the very same houses in Blegny in which they had been entertained during the day. Musketeer Gocheln of the 6th Company was killed in this way; Musketeer Hochgrafe of the 7th Company was wounded by a shot in his shoulder. Both companies were witnesses to this. These incidents were repeated during the night, and in this way Musketeers Maiworm and Epping of the 5th Company were wounded.

Lieutenant Edler von Daniels testifies that in a Belgian village near Blegny his patrol was fired upon from ambush. This took place in a street where the 9th Company had bivouacked for a day and a night.

At Troisfontaines the 11th Company was fired upon from the houses by civilians. Musketeers Meister and Schwaffertz were wounded. In this same place men belonging to this company were in the daytime entertained with cigars and food, and particularly by an elderly man; this same man fired by night and wounded a man of the company.

Staff-Surgeon Dr. Falk, who, with the ambulance party of the 1st Battalion, wanted to push forward to the wounded on August 5th, 1914, was fired upon by civilians, so that he was forced to take shelter. Non-commissioned Officer Voss of the 4th Company was killed by three shots from civilians. He could not be fetched, as the street had been brought under fire by the inhabitants. Lieutenant Hahn was an eye-witness of what took place.

In Anderlues shots were fired from a house by a French soldier and a civilian. An Acting-Sergeant-Major and non-commissioned officer were seriously wounded, a musketeer of the 11th Company was killed. A witness of this occurrence is Captain Eckhardt. The soldier and civilian were shot.

Signed: VON GOTTBERG.

App. 4.

MILITARY COURT EXAMINATION of Staff-Surgeon of Reserve Dr. Rehm, Infantry Regiment No. 165.

CHERISY, _November 23rd, 1914_.

Court of the 7th Infantry Division. President of the Court, Dr. WELT. Secretary, LORENZ.

There appeared as witness Staff-Surgeon of Reserve Dr. Rehm, 3rd Battalion, Infantry Regiment No. 165, who, after the importance of the oath had been pointed out to him, made the following statement:

On the 6th of August 1914 I reached at Retinne a military ambulance station, where the staff was very busily occupied. The character of the station was clearly made known by its Red Cross flags, and in view of the whole nature of its activities no doubt could exist as to its real character. In the immediate vicinity no fighting had taken place; on the contrary, our troops had already advanced to Bellaire. Nevertheless our ambulance station was persistently fired upon; continually, for the whole day long, single shots fell amongst us, coming from the houses close at hand, and mostly, as a matter of fact, from the roofs. The shots which fell upon the hospital could only have proceeded from civilians, as there were no longer any enemy troops in the place. As I could not for the time being secure any troops for the protection of the ambulance station, I armed the lightly wounded and allowed them to return the fire--for the moment, however, with little success, as we could not see our well-concealed adversaries. When in the evening some detachments of troops arrived at Retinne and were also fired at, the houses were systematically searched. From some houses dozens of men were dragged out. It was noticeable that in the houses were only one or two women and no children at all, so that I formed the impression that the firing had been arranged beforehand. The men fetched out of the houses were without exception civilians of various ages.

Read over, approved, signed.

Signed: Staff-Surgeon Dr. REHM.

Proceedings closed.

Signed: Dr. WELT. Signed: LORENZ.

App. 5.

STATEMENT of Lieutenant Zielsche, Machine-gun Company, Infantry Regiment No. 42.

WALDRIEDER, _August 17th, 1914_.

1. At Visé the inhabitants carried out a surprise attack upon the 18th Pioneers on the night of the 15th-16th August.

2. Between Visé and Warsage my platoon was continuously fired at from the immediate surroundings from about 10 o'clock in the evening till 3 in the morning. A column of army bakers retired from Visé and was also fired at. We could see nothing of the inhabitants. When in the morning I passed through Warsage in order to secure provisions, it was empty, with the exception of one or two houses.

Signed: ZIELSCHE, Lieutenant.

App. 6.

MILITARY COURT EXAMINATION of Non-commissioned Officer of Reserve Rasch (Reserve Regiment No. 74).

HANOVER, _November 20th, 1914_.

Present: President of the Court, LINDENBERG. Secretary, LÜHE.

There appeared as witness Dentist Rasch, Non-commissioned Officer of Reserve, now in Reserve battalion, Infantry Regiment No. 74, who stated:

As to Person: My name is Gustav. I am 29 years old; Lutheran.

As to Case: When the mobile Infantry Regiment No. 74 was marching on Liège in August 1914, I received the order to remain behind with a detachment of the 9th Company for the protection of the baggage collected in the market-place at Poulseur. There were also available a few infantry soldiers and hussars as escort. Amongst the officers personally known to me was an Artillery Lieutenant of Reserve, Hildebrandt, who came from Hanover. When the regiment itself had already advanced from Poulseur in the direction of Liège, and night had fallen, the baggage and the escort beside it in the market-place were suddenly fired upon from all the surrounding houses. This hostile firing had clearly been planned and concerted beforehand, for immediately before the fire began the lights in the surrounding houses were simultaneously extinguished, and at the same moment came firing from all sides. We did not know what was happening to us. Moreover, we were not only fired at from the houses, but assailed with cartridges of dynamite or some similar explosive, which possibly were derived from one of the mines in the neighbourhood of Poulseur.

The firing continued, with certain intervals, the whole night through. We on our side of course opened fire and tried as far as possible to find shelter behind the baggage waggons. Nevertheless we had dead and wounded; among these was a Lieutenant of Reserve of a hussar regiment, whom we placed in an inn belonging to a German. I myself took part with my men in storming a number of houses. During this process persons who actually opposed us in the houses with weapons in their hands were shot down. Where we found arms and munitions in the houses, we brought the occupants into the market-place. I can affirm with absolute certainty that all those who resisted us or were brought to the market-place wore no uniforms; on the contrary, they were, without exception, civilians. Next morning when we had proceeded with the baggage to the outskirts of the town there arose from the town an extremely violent series of crackling sounds which served to indicate the existence of thousands of cartridges. Some of the men said that the countless cartridges which had been found in the Burgomaster's house were exploding.