§ 26. Mr. BOTTOMLEYasked the Prime Minister whether the Government has received any report from the Solicitor-General regarding the proceedings at the trial of the German war criminals at Leipzig; and whether, in view of the inadequacy of the sentences so far passed, immediate steps will be taken to remove the remainder of the trials to London?
§ The SOLICITOR - GENERAL (Sir Ernest Pollock)I have been asked to reply to this question. I have made a preliminary report as to the proceedings at which I was present at Leipzig. Until the present series of trials before the Supreme Court at Leipzig of the cases remitted to that Court by the Allies has been concluded, the decision of the Allies as to the procedure in other cases cannot be anticipated.
§ Mr. BOTTOMLEYMay I ask whether of the seven alleged war criminals remitted to Leipzig three escaped, is there only one now to be decided and was the hon. and learned Gentleman, as representing the British Government, satisfied with the trials so far?
§ Sir E. POLLOCKThe Allies agreed to send a preliminary list which totalled 45, of which six cases were British. The British cases were ready in advance of the others and have been tried. The two cases which are now being tried are Belgian cases, and, so far as I know, the French intend to bring on some of their cases, because before our Mission left Leipzig some representatives of the French had gone in order to watch the 2047 proceedings with a view to their cases being tried. After the series of cases, including French and Belgian and other cases, have been tried, then of course the matter will have to be reconsidered by the Allies.
§ Mr. BOTTOMLEYWill the hon. and learned Gentleman answer that part of the question which asks, "as representing His Majesty's Government is he satified so far with the result of these trials?"
§ Sir E. POLLOCKI think it would be improper to make a statement at the present moment, but perhaps the hon. Member may care to know that the sentence which was delivered in my presence excited great dejection amongst the military party of Germany, and the officers there certainly did not think it was a small sentence to have one of their number sent to an ordinary prison in order to carry out the sentence of 10 months among thieves and other felons.
§ Sir J. BUTCHERAm I right in supposing that in one of the very worst crimes which has been committed against British subjects, namely, the sinking of another hospital ship, the German criminal has been allowed to escape out of Germany, and will the Government make representations to get him back?
§ Sir E. POLLOCKEvery step has been taken, as I will explain when I have a further opportunity to deal with the matter, to secure the arrest of these persons, but the man to whom I think the hon. Baronet refers disappeared immediately upon the original list being published including his name. Every step has been taken to secure him. His property has been sequestrated and there is a warrant out for his arrest, which could be immediately put in force if it was possible to execute it.
§ Lord R. CECILIs it true that the French have postponed the trial of their cases till the end of July, as announced in the papers?
§ Sir E. POLLOCKI can give no information at all about that. It may be that the Court is unable to sit after a certain time, but I really have no information of any kind about the matter.
Mr. BARNESIn view of the decision of the Court in the case of Neumann, the last man tried, that he was only 2048 carrying out the orders of his superior, will the Government retain entire discretion to bring the superiors to trial?
§ Mr. SPEAKERI really think these important questions should be placed upon the Paper.
§ 32. Captain W. BENNasked the Prime Minister whether the Allied Governments have any power under the Treaty of Versailles to take further action if the sentences imposed by the Leipzig Court are derisory?
§ Sir E. POLLOCKI have been asked to reply to this question. Yes, all rights of the Allies made under the Treaty of Versailles have been expressly reserved.
§ Captain BENNMay we understand if these sentences prove to be derisory the Government will take action under the powers under the Treaty?
§ Sir E. POLLOCKThe whole matter will be reconsidered, as I have said, when the first series of trials has been concluded.
§ Mr. BOTTOMLEYDoes that mean before the next election?
§ 47. Sir J. BUTCHERasked the Prime Minister what law the Leipzig Court, which is trying war criminals, professes to administer, whether German military law, or international law, or otherwise; whether there is any written or other agreement between this country and the German Government on this subject; and, in view of the fact that the German U-boat commander who sank a hospital ship was acquitted last week on the ground that he acted under superior orders, what steps will be taken to bring those who gave these orders to justice?
§ Sir E. POLLOCKI have been asked to reply to this question. I understand that the law administered is German law as laid down in the civil penal code and military penal code. There is no agreement between this country and the German Government on this subject. The question what steps shall be taken will be considered by the Allies when the present series of trials before the Supreme Court at Leipzig has been concluded.
§ Sir J. BUTCHERCan the right hon. and learned Member say whether the German penal code as administered in 2049 the Leipzig Court is in accordance with the principles of international law?
§ Sir E. POLLOCKThat is a difficult question, which I am afraid I cannot answer offhand. From my experience at Leipzig I know that the military code was referred to by the President of the Court as being subject to their penal code. He said the military code could not abrogate the ordinary penal code.
§ Sir J. BUTCHERWas there any indication of the principles of international law on these subjects being applied in the Leipzig Court?
§ Sir E. POLLOCKThe hon. and learned Member will remember that this was the Supreme Court of Germany sitting, not to administer international law, but to administer its own law.