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13 - Consent and caution: Lassa Oppenheim and his reaction to World War I

Published online by Cambridge University Press:  07 July 2009

Randall Lesaffer
Affiliation:
Universiteit van Tilburg, The Netherlands
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Summary

Introduction

World War I left the world in shock. Major violations of international law such as the German occupation of neutral Belgium and the atrocities of warfare left the impression that the consensus of the civilised world had been destroyed. Evidently, more had been dishonoured than just the law. For the European victors it was evident who the main culprit was. Before any historical research was done, Germany had to admit its responsibility for the war and thus for any losses and damages resulting from it in Article 231 of the Versailles Treaty. Thus, the Peace Treaty of Versailles between the Allied Powers and Germany decided on a question of guilt. In Article 227, the former Kaiser Wilhelm II (1888–1920, died 1941), was accused of a supreme offence against international morality and the sanctity of treaties. Hereby, the Treaty of Versailles itself also treated questions of morality. As it was felt that the German state had failed to observe the standards of European civilisation, it was consistent to argue that institutions other than those of this German state should deal with the German individuals thought to be responsible for war crimes. Consequently, in Articles 228–30 Germany was required to hand over nationals accused of war crimes to the victorious nations.

Already during the war, in order to ensure peace, democracy and justice, plans had been drafted for an international organisation through which conflicts could be solved before a war arose.

Type
Chapter
Information
Peace Treaties and International Law in European History
From the Late Middle Ages to World War One
, pp. 270 - 288
Publisher: Cambridge University Press
Print publication year: 2004

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