§ 47. Viscount CURZONasked the Prime Minister whether a difference exists between English and German naval law with regard to the right to destroy shipping at sea and in the use of hospital ships; and whether His Majesty's Government are prepared to accept German naval law in respect to any case arising out of the late War?
§ The ATTORNEY- GENERAL (Sir Gordon Hewart)I am asked to reply to this question. There are, as I understand, various differences between English and German naval law with regard to the destruction at sea of neutral shipping, the German regulations authorising the destruction of such shipping in cases where destruction would not be lawful according to the English regulations or the English view of international law on the subject. There does not appear to be any substantial difference between the English and German law as to the right to destroy enemy shipping or as to the use of hospital ships, but the German rule that superior orders constitute a valid defence in all cases except where the person doing the act knows that it is unlawful and that his superior also knew that it was unlawful is not recognised by English law. The answer to the second part of the question is in the negative.
§ Sir J. BUTCHERCan the right hon. Gentleman say whether by German law the giving of orders to destroy hospital ships is admitted to be illegal?
§ Sir G. HEWARTI do not think so; but before giving a final answer I should like to consider it. On the whole I do not think so.