GERMAN TYRANNY IN NEW FORM

Dominion, Volume 9, Issue 2836, 29 July 1916, Page 10

GERMAN TYRANNY IN NEW FORM

BELGIANS FORCED TO FIGHT AGAINST THEIR OWN. The British Foreign OfP.ce recently an. liounced that Hie British Government had been notified by the Belgian Government ■that Belgian subjects who have resided in Germany for three years are "beinsr compelled to enrol in the German Army. In consequence the Belgian Government have addressed a strong protest on the subject to the Allied Powers, as well as lo the Governments of neutral Powers. The Spanish Government, who represent ■Belgian interests in Germany, have also protested spontaneously and energetically against this violation of the well-known principle of international law tliat no person ran be forced to takg, up arms* against his own country. This principle was reaffirmed by the IVt.li Hague Convention of 11107, in the last paragraph of Article 21), which states as follows:— "A belligerent is likewise forbidden to compel the subjects of the hostile 1 party to take part, i n the operations of war directed against their own country, even if they were in the service of the "belligerent before the commencement of the war." In order to justify .their illegal action the German Government quote an obsn. Into article of the Belgian Civil Code (Article 17, paragraph II), which was as follows:— "The character of Belgian nr.tionalitv is lost . . . by any settlement made in a foreign country without the intention of returning." \ It is a princioje of law on which tVe Civil Code of Belgium was based that the absence of intention to return cannot he presumed, but must be proved in Court. AVhiiicver. the interpretation of Article 17 of the Civil Code inny.be, it vo longer affects the status of P,=l«rian citizens, a* tint Article, was definiMv re-re-led by the Belgian Law of June S, IPO9. When Hie Pnnnish Government nof'ited out .'i th" German that (heir contention, founded o"i the obsolete Article above cited, rested on no U-■ '■■ f-'"rninn Government merely ranlied that they v;ere qn't" P'-aro of th" f?e f . but tint they ems : der<vl that thev had the ri?ht to annlv the Artie!" ; o a'l ■R»hifiMs established in Germanv prior to jp"° s. ison. The Belgian Co'-er'ipimit vj'-p, ]inw"vev. sfi'O"'' for belief th'>f.evpu Bel<:in>iQ vli<i ]*![ llieir native conn.'rv a"d S"'l:led in Germany s" vo ral ypar= nft-nr the i" , imu'»ot ! '<" of I' 1" Taw if 1909 have forcibly r>nrol'~' ! 'n fl>n Germa"v aviv. In the of ense* :f not '•» all cs"--. imfnrtu. n-it° P-Hnn ciHViis wli« !■-« ed in llr= pi-bitr-'— illcni l.n/1 -ivovimip'-- fi.'lilled tl"> ; - "iil : tary oV li-otions in P?Hi'*n. and had shown in ntlie" wnvs fin 1 th"v l.iid ro *-» ab,v"'nn their Belgian nat'nnali'iTl'o German Gor»T'n<>i«i. however.noither accent for as!- f-iv :""1 there is no a.pp»al against their decision.