Germany's Actions: International Law Violation?

Germany has been accused of breaking international law on several occasions, including during World War I and in more recent years. During World War I, Germany invaded Belgium and Luxembourg in breach of its treaty obligations, leading to accusations of violating international law. More recently, in 2020, Germany was accused of breaking international law by disregarding a judgment of the European Central Bank (ECB) and taking actions beyond its legal power. Additionally, Germany has been criticized for its treatment of prisoners of war, use of new weapons, and other actions that have sparked debates about the country's commitment to international law and responsibility in times of war.

Germany's breach of treaty obligations in the invasion of Belgium and Luxembourg

The invasion of Belgium and Luxembourg by Germany in 1914 was the first instance of Germany violating international law. This invasion was a breach of Germany's treaty obligations, as the neutrality of Belgium had been established by the European Great Powers in the London Conference of 1830. The Treaty of London (1839) recognised Belgian independence and neutrality from the United Kingdom of the Netherlands following the Belgian Revolution.

In the lead-up to World War I, Belgium anticipated that Germany would attack France across the Franco-German border, as they had done in 1870. However, Germany's Schlieffen-Moltke Plan, devised by Alfred von Schlieffen and later adapted by Helmuth von Moltke, gave priority to offensive operations against France and a defensive posture against Russia. This plan involved evading the French frontier fortifications by invading Belgium and launching an offensive on the northern flank, which would have a local numerical superiority and swiftly achieve a decisive victory.

On 2 August 1914, the German government sent an ultimatum to Belgium, demanding passage through the country. Two days later, Belgium refused, and Britain guaranteed military support to Belgium. On 4 August, Germany declared war on Belgium, and German troops crossed the border, beginning the Battle of Liège. This invasion was a clear violation of Article VII of the Treaty of London and served as the casus belli for Britain's declaration of war on Germany.

The invasion of Belgium and Luxembourg was part of Germany's aggressive war strategy and was carried out without any justification. It was intended to provide Germany with advantageous air bases for the war against England and France. Despite assurances of respecting neutrality, Germany pursued its invasion plans, demonstrating a disregard for international law and treaty obligations.

German court's disregard for ECJ's judgement

In May 2020, the German Federal Constitutional Court's ruling in Weiss posed a threat to the legal order of the European Union. The German Court asserted that it could declare a Court of Justice of the European Union (CJEU) judgment "has no binding force in Germany". This assertion was deemed untenable and was forcefully rejected by the EU legal community.

The German Court's ruling disregarded the judgment of the ECJ that validated the European Central Bank (ECB) decisions, deeming them ultra vires. The German Court believed that the ECJ had gone beyond acceptable standards of legal interpretation. This single decision struck two blows at the heart of European integration: its common currency and the primacy of EU law.

The German Court's ruling in Weiss demonstrated the inherent limits of constitutional pluralism, which aims to resolve the impasse between the CJEU and national constitutional courts over legal supremacy. While constitutional pluralists argue that there is no need for a definitive answer as to which court has the final say, the German Court's ruling highlighted that direct conflicts over legal supremacy are sometimes unavoidable.

The reactions of autocratic regimes in Hungary and Poland to the German Court's ruling underscored another problem with constitutional pluralism and constitutional identity arguments: they are prone to abuse by autocrats and their captured courts. The governments of Hungary and Poland quickly seized on the German Court's ruling as a basis for arguing that their constitutional courts could override the CJEU.

Allowing national courts to declare that CJEU judgments they deem unacceptable are inapplicable in their countries would destroy the EU legal order. This is true regardless of whether the national court in question is a respected, independent court in a healthy national democracy or the captured court of an autocratic member state. The German Court's assertion that the CJEU's earlier ruling in Weiss was ultra vires and had no binding effect in Germany was thus firmly rejected by the EU legal community.

German use of new weapons

During World War I, Germany used a variety of new weapons that violated international law or the humanitarian spirit of many international norms. Here are some examples:

Use of poison gas and other chemical weapons: Germany was one of the first countries to use poison gas as a weapon during World War I. They deployed poison gas, flame-throwers, and dum-dum bullets, causing indiscriminate suffering and death among enemy combatants and civilians alike. These weapons were outlawed by the Hague Convention of 1899, which prohibited the use of "poison or poisoned weapons" in warfare.

U-Boat attacks on merchant ships: German U-boats, or submarines, were used to sink merchant ships without warning, often resulting in the drowning of survivors. This practice violated the international laws of war, which required naval forces to assist in the rescue of survivors, even if it put their own forces at risk.

Zeppelin bombing raids: Germany carried out bombing raids using Zeppelins, which were airships filled with flammable hydrogen gas. These bombing raids targeted civilian populations and caused significant loss of life and destruction. The use of aerial bombing against civilian targets violated the principles of distinction and proportionality in international humanitarian law.

Execution of Belgian civilians: German forces executed Belgian civilians during their invasion of Belgium, which was a violation of the laws of war and international humanitarian law. Summary executions without a fair trial are prohibited under the Fourth Geneva Convention.

Starvation of prisoners of war: German forces were also responsible for the mistreatment and starvation of prisoners of war (POWs). They failed to provide adequate food, water, and medical care to POWs, resulting in unnecessary suffering and death. This violated the Geneva Convention relative to the Treatment of Prisoners of War, which states that POWs must be treated humanely and protected from violence and intimidation.

These are just a few examples of Germany's use of new weapons and tactics during World War I that broke international law. It's important to note that other countries, such as Britain and its allies, also committed violations during the war. However, the scale and severity of Germany's breaches, as well as their justifications for those actions, have led many historians to argue that Germany bore primary responsibility for the war's lawlessness.

German treatment of POWs

The treatment of prisoners of war (POWs) by Germany during World War I and World War II was often in violation of international law.

During World War I, Germany starved POWs and used them as human shields, and cut off Red Cross parcels, which supplemented the meagre rations provided by the Germans. The German military also executed Belgian civilians, authorised U-boats to blow up merchant ships, and deployed poison gas, flame-throwers, and dum-dum bullets, all of which were in violation of international law.

During World War II, Germany's treatment of POWs varied depending on their nationality. Western Allied POWs, including those from the British Empire and Commonwealth, France, and the US, were generally treated in accordance with the Geneva Convention, which had been signed by these countries. However, some Allied POWs were sent to concentration camps, and there were reports of brutalities and forced labour.

In contrast, Germany did not treat POWs from China, the US, Australia, Britain, Canada, India, the Netherlands, New Zealand, the Philippines, and Japanese-occupied Asia in accordance with international agreements. These POWs were subjected to murder, torture, beatings, starvation, and medical experiments. The death rate of Western POWs under German captivity was 3.5%, while the death rate of Chinese POWs was much higher.

After World War II, large numbers of German POWs and civilians were forced into labour by the Allied forces as a form of war reparations. German POWs were also forced to clear minefields in countries such as Denmark, Norway, France, and the Low Countries, which was against international law. It is estimated that by September 1945, 2,000 prisoners were being maimed or killed each month in accidents while performing this dangerous work.

German execution of Belgian civilians

The German invasion of Belgium, also known as the "Rape of Belgium", was a series of systematic war crimes committed by German troops against Belgian civilians during World War I. The invasion began on August 4, 1914, and resulted in the deaths of thousands of Belgian civilians. The German army systematically engaged in atrocities, including the intentional destruction of civilian property, murder, rape, arson, and looting.

One of the most notorious incidents during the invasion was the massacre of civilians in the town of Dinant. On August 23, 1914, German troops killed 674 civilians, including men, women, and children. The bodies were left lying in the streets, with some witnesses reporting seeing their neighbours among the dead. This massacre was later acknowledged and apologised for by a German state secretary in 2001.

German soldiers also murdered Belgian civilians in other towns and villages, including Aarschot (156 murdered), Andenne (211 murdered), Seilles, Tamines (383 murdered), and Leuven (an estimated 2,000 buildings destroyed and 10,000 inhabitants displaced). In Leuven, German troops deliberately burned down the university library, destroying approximately 230,000 books, 950 manuscripts, and 800 incunabula.

The German invasion of Belgium violated the country's neutrality, which had been guaranteed by the Treaty of London of 1839, signed by the German Confederation. Despite this, the German Chancellor, Theobald von Bethmann Hollweg, dismissed the treaty as a "scrap of paper". The invasion also included the use of civilians as human shields and the destruction of civilian property, both of which violated international law.

The German atrocities in Belgium caused worldwide condemnation and led to a wave of propaganda by the British, aimed at garnering support for the war. While some of the stories of German atrocities were later proven to be fabrications, numerous scholars have since examined the original documents and concluded that large-scale atrocities did occur. The German invasion of Belgium and the resulting execution of Belgian civilians represent a tragic chapter in the history of World War I and a clear violation of international law.

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