Page:EB1922 - Volume 32.djvu/181

Rh the internment in a neutral country of prisoners who had been a long time in captivity; the protection of prisoners after capture; prisoners retained in an area of operations; notification of capture; equipment and organization of camps; food; punishments; help committees; relations with protecting powers; parcels and postal services; and the publication of the agreements in the different camps. Much was done by these two meetings to translate into a concrete form the principles laid down in the Hague Conventions, and to mitigate the lot of the prisoners, though the full benefit of the second agreement was never realized as it was never formally ratified.

In Dec. 1917 Lord Newton and Gen. Belfield met Turkish representatives at Berne under the presidency of M. Ador, of the Swiss Political Department, and an agreement was drawn up on lines similar to those of the German agreements.

.—The foregoing investigation of the operation of the Hague Convention during the World War leads one inevitably to ask whether it is desirable and practicable to make any substantial amendment to that Convention. It is a most difficult question to answer, for, although not generally recognized, the whole problem is military rather than humanitarian. While of course all active ill-treatment should be prohibited, the lot of a prisoner must not be made so attractive in comparison with that of soldiers in the firing-line as to afford a temptation to them to desert or to do anything incompatible with their military duty. Further, while it is possible for the voices of humanity and charity to make themselves effectively heard in times of profound peace, it is useless then to formulate regulations which public opinion, stirred to its depths by alleged misdeeds of the enemy, will not allow to be observed, and which the military authorities will disregard in time of war. All that can be usefully accomplished is to put into the form of rules those principles which the good sense of all civilized nations accepts as correct, and for this purpose to use the experience gained during the World War, of which not the least important part was the value of direct conference between representatives of the belligerents during active hostilities for the purpose of dealing with the detailed application of those principles.

But it does seem desirable that regulations should be made dealing with the case of civilians found in any enemy country at the outbreak of war, for it is improbable that in any future war of nations civilians will be allowed to return home or to remain at large in view of the means of communication which modern science has made possible.

The value of the inspection of prisoners-of-war camps by the accredited representatives of the protecting State has been made abundantly clear, and their right to visit the camps, which was the result of an agreement made early in 1915 between the British and German Governments should be made permanent. It will, however, be extremely difficult to reconcile the desires of the humanitarians and the military authorities with regard to camps within the area of hostilities, though it will probably be found possible to come to some agreement defining the nature of the work on which prisoners of war may not be employed, and an attempt should be made to make more clear than it is at present the obligation of the captors with regard to the feeding and clothing of the prisoners in their hands.

For military reasons there would be no chance of obtaining a general assent to the prohibition of reprisals, but provisions similar to those contained in the agreements with the German and Ottoman Governments requiring notice before reprisals are made might be accepted.

Finally, those agreements made during the war with regard to the repatriation of disabled prisoners, and the conditions on which a prisoner should be entitled to internment in a neutral country if accommodation could be found, might be made of universal application.

There remains the most difficult question of all: whether it is possible to provide penalties for the infraction of any regulation which may be made, and to establish a tribunal with authority to punish individuals and States. Articles 227-229 of the Peace Treaty with Germany, satisfactory from one point of view,

savour too little of the calm administration of justice. They are not reciprocal, the vanquished are given no right to have judicially investigated any complaints they may have against the victors. It would be far more satisfactory to have an alleged “atrocity” investigated than that, for want of public investigation, an unfounded legend of brutality should grow up.

It is perhaps too much to expect that, at the conclusion of a war in which the victors have made great sacrifices and undergone great suffering, they should take steps to establish a court for the trial of charges against their own people, but if provision had been made in time of peace for the establishment of a court to investigate all charges of wrong treatment in time of war the victors would not depart from their agreement. The establishment of such a court may well occupy the attention of statesmen and international lawyers.

.—The following is a complete list of official publications:—Correspondence between H.M. Government and the U.S. ambassador respecting the treatment of prisoners of war and interned civilians in the United Kingdom and Germany: Misc. 7 (1915), cd. 7817; do. Misc. 5 (1915), cd. 7815. Reports by United States officials on treatment of British prisoners of war and, interned civilians in Germany: Misc. 11 (1915), cd. 7861; Misc. 3 (1916), cd. 8161; Misc. 14 (1915), cd. 7959; Misc. 15 (1915), cd. 7961; Misc. 19 (1915), cd. 8108; Misc. 16 (1916), cd. 8235; Misc. 26 (1916), cd. 8297; Misc. 7 (1917), cd. 8477. Report on conditions existing at Ruhleben: Misc. 13 (1915), cd. 7863. Report by Dr. A. E. Taylor on the conditions of diet and nutrition at Ruhleben: Misc. 18 (1916), cd. 8259; Misc. 21 (1916), cd. 8262. The same, and on proposed release of civilians: Misc. 26 (1916), cd. 8296; Misc. 35 (1916), cd. 8352. Correspondence, respecting the employment of British and German prisoners of war in Poland and France respectively: Misc. 19 (1916), cd. 8260. Correspondence with U.S. ambassador respecting transfer to Switzerland of British and German prisoners of war: Misc. 17 (1916), cd. 8236. Reports of visits of inspection made by officials of the United States embassy to various internment camps in the United Kingdom: Misc. 30 (1916), cd. 8324. Report on the treatment of prisoners of war in England and Germany during the first eight months of the war: Misc. 12 (1915), cd. 7862. Report on the transport of British prisoners of war to Germany Aug.-Dec. 1914: Misc. 3 (1918), cd. 8984. Report on treatment of British prisoners and natives in German East Africa: Misc. 13 (1917), cd. 8689; do. London 1918. Correspondence with German Government respecting the burning of G. P. Genower, A.B.: Misc. 6 (1918), cd. 8987. Correspondence respecting the use of police dogs: Misc. 9 (1917), cd. 8480. Correspondence with H.M.'s minister at Berne respecting reprisals: Misc. 29 (1916), cd. 8323. Report on Wittenburg typhus epidemic: Misc. 10 (1916), cd. 8224; do. Gardelegen, Misc. 34 (1916), cd. 8351. Report on the treatment of officers in camps under X. Army Corps: Misc. 28 (1918). Report on the treatment of British prisoners behind the lines in France and Belgium: Misc. 7 (1918), cd. 8788; do., Misc. 19 (1918), cd. 9106; do., Misc. 27 (1918). Report on the employment of British prisoners in coal and salt mines: Misc. 23 (1918), cd. 9150. Agreement between the British and German Governments concerning combatant and civilian prisoners of war: Misc. 12 (1917), cd. 8590; do., Misc. 20 (1918), cd. 9147. Report on the treatment of British prisoners of war in Turkey: Misc. 24 (1918), cd. 9208. Agreement between the British and Ottoman Governments respecting prisoners of war and civilians: Misc. 10 (1918), cd. 9024. Work of the Central Prisoners of War Committee 1916-1919: Revue Internationale de la Croix Rouge (No. 26, Feb. 1921). Report of the Joint Committee to enquire into the organization and methods of the Central Prisoners of War Committee, cd. 8615.

Up to Jan. 1922, neither the British Government Committee on the treatment by the enemy of British prisoners of war, nor the Committee on the Breaches of the Laws of War, had published any general report; nor had the Reports of the representatives of the Netherlands Government been published.
 * (R. B. D. A.)

 PROFITEERING.—The word “Profiteering” was introduced in 1919 into an Act of Parliament, and thus may be said to have obtained official recognition as part of the English language. It had become current colloquially quite early in the World War. The following implicit definition was given by Sir Auckland Geddes (as president of the Board of Trade) in Parliament on the second reading of the Profiteering bill (1919):—“To profiteer is to make an unreasonably large profit, all the circumstances of the case being considered, by the sale to one's fellow-citizens of an article which is one or one of a kind in common use by the public, or is material, machinery, or accessories used in the production thereof.” As an urgent social and economic 