RETRIBUTION
SIR,—I was most interested in Mr. Harold Nicolson's " Marginal Comment " in The Spectator of January 55th. My ideas have been pub- lished kr the Belgian Review " Message " of November and December, 5942, but the passages quoted by Mr. Nicolson come from another source and were not written by me: although I confess to be very pro-British I would never have said, for instance, that " the procedure of an international criminal court should consist of the best features of British and American courts," leaving out those of my own or any other continental country. As paper is valuable nowadays, I will try and condense in few words the ideas which have occurred to me whilst reading Mr. Nicolson's article:
1. I am well aware that the difficulties are considerable, and that is precisely why I see the need to be constructive, and I believe that need is urgent.
2. I fail to sec in what way the accusers will be the judges. It is not because a judge belongs to a nationality different from that of the accused that he must necessarily be considered at an " accuser." Surely an English judge would be fair to a German who has injured an English- man ; then why should this not apply to a Continental judge?
3. It is not hoped that Neutrals will alter their extradition treaties now, for that would expose them to difficulties with Germany. It might not even be convenient to alter extradition treaties existing between the Allies. But it is possible to conceive an instrument such as a temporary agree- ment between the Allies (to which after victory is won Neutrals might accede) declaring that they will surrender to each other persons accused of political crimes, which are, at present, excluded from extradition treaties. (In some countries extradition laws will even have to be altered to obtain the desired effect.) If nothing is done Quisling may confidently escape to Belgium, France, Holland, &c., after the war, and there will be no legal means of surrendering him to Norway.
4. Placing Hindenburg on the same list as the other criminals may have been a mistake. However, if he had not figured on the list, all his subordinates, by pleading superior order, would have escaped punish- ment, the more so that he himself declared himself ready to assume full responsibility for all the war crimes which had been committed by German soldiers. I agree that especially in connexion with the plea of superior order the assignment of responsibility will be a delicate task. This has not been overlooked, both the Cambridge Committee and the London International Assembly Commission are considering it ; some definite rules should be agreed upon, to serve as a guidance for the Courts. This is one of the points which could be usefully embodied in a United Nations' agreement on international criminal law.
5. Refusal of jurisdiction by the accused would be of no avail if such jurisdiction had been recognised by law in their own country.
6. Popular vengeance may, as Mr. Nicolson says, be wreaked upon the wretched orderlies and the really guilty parties will evade it ; it is therefore necessary that appropriate measures be studied in time, so that the guilty do not escape judicial punishment.
7. It is possible that no retribution would be more terrible for Hitler than the contemplation of his own failure, but such contemplation does not seem to have very much affected the happiness of the Kaiser. More- over, it is doubtful whether the sense of justice of the world would be satisfied with such punishment. I agree that a shabby and inglorious exile such as Mr. Nicolson so colourfully describes might be a punishment ; the question is how to obtain it. By confiscating Hitler's vast fortune? I presume his German worshippers would see to it that he remained well provided with ample funds, but even if this were not so, I am confident that among the British would be found enough tender-hearted people to enable him to acquire a sumptuous estate just above Ouchy, from where, with his field-glasses he could watch them munching jam-puffs in the Konditorei in question.—I am, Sir, yours faithfully,
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