HC Deb 11 March 1920 vol 126 cc1515-7
35. Viscount CURZON

asked the Prime Minister whether German naval officers are among the war criminals on the list for trial by Germany submitted by the British Empire; whether there are considerable differences in the construing of International Law as between England and Germany as far as maritime warfare is concerned; whether it would be possible for an officer to be convicted under English law and acquitted under German law; and, if so, whether the Supreme Council are prepared to accept the probable acquittal by the German Courts?

54 Sir E. HUME-WILLIAMS

asked the Prime Minister (1) whether the arrangements have yet been completed for the trial by Germans of their fellow countrymen charged with cruelty to British prisoners of war; when the trials will begin, what are the names of those who will be first tried, and what precautions are being taken to ensure that the trials will be fairly conducted and the sentences on those who may be convicted adequate to the cruelty of which they have been guilty?

(2) Whether a German commission sitting in Germany to investigate the allegtions of unfairness against those who tried and executed Captain Fryatt has recently reported that the trial was properly conducted and the execution deserved; whether he is aware that this is in direct contradiction to the Report of the English committee which has investigated the same subject; and what steps he proposes to take so as to ensure that those responsible for Captain Fryatt's death shall be brought to trial and in this country?

The PRIME MINISTER

A law has been passed by the German Parliament entrusting the trial of all persons charged by the Allies with crimes against humanity and the laws of war to the Supreme Court at Leipsic. That Court will have complete control over the trials free from interference by the German Government, and the law provides that neither amnesty nor previous trials shall protect the accused from being tried by the Court. I may add that some German naval officers are upon the list of persons submitted by the British Empire for trial, and that the other points raised in the question are being brought to the attention of the Committee now sitting in Paris, who have charge of the negotiations and arrangements for the trial of the accused before the Leipsic Court.

Mr. BILLING

May I ask what steps the British Government took to ascertain what is the law in Germany in connection with this matter', and whether it will be possible for the German Courts to find that it was not illegal to torpedo a hospital ship?

Mr. SPEAKER

The hon. Member must give notice of that question?

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