British war crimes

Source: Wikipedia, the free encyclopedia.

Boer civilians watching British soldiers burn down their homestead, Second Boer War
.

British war crimes are acts committed by the

non-combatants
and their property.‌

Definition

prisoners of war during military occupation, even in the case where there is no armed resistance, for the period of one year after the end of hostilities, although the occupying power should be bound to several provisions of the convention as long as "such Power exercises the functions of government in such territory."[2][3]

The Manual of the Law of Armed Conflict published by the

Nuremberg Charter, which defines a war crime as "Violations of the laws or customs of war. Such violations shall include, but not be limited to, murder, ill-treatment or deportation to slave labour or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity."[1] The manual also notes that "violations of the 1949 Geneva Conventions
not amounting to 'grave breaches' are also war crimes."

The 2004 Laws of Armed Combat Manual says

Serious violations of the law of armed conflict, other than those listed as grave breaches in the [1949 Geneva] Conventions or [the 1977 Additional Protocol I], remain war crimes and punishable as such. A distinction must be drawn between crimes established by treaty or convention and crimes under customary international law. Treaty crimes only bind parties to the treaty in question, whereas customary international law is binding on all states. Many treaty crimes are merely codifications of customary law and to that extent binding on all states, even those that are not parties.

The 2004 publication also notes that "A person is normally only guilty of a war crime if he commits it with intent and knowledge."[5]

South Africa

Counterinsurgency

As part of the strategy to defeat the

Boer Commandos, farms were destroyed to prevent the Boers from resupplying from a home base. This included the systematic destruction of crops and slaughtering of livestock.[6] [failed verification
]

Destruction of towns

A Boer farmhouse set on fire by British troops

Ventersburg

On 26 October 1900, the British

Boer Commandants for food, who will supply them unless they wish to see them starve. No supplies will be sent from the railway to the town."[8] [failed verification
]

On 1 November 1900, Major Edward Pine-Coffin wrote in his diary that the remaining civilian population of Ventersburg had been transported to concentration camps. He admitted to having families divided, with male and female Afrikaners sent to different locations "so that after the war they will have some difficulty in getting together."[8] The destruction of Ventersburg was denounced in the House of Commons by Liberal MP David Lloyd George, who said Hamilton "is a brute and a disgrace to the uniform he wears."[9] [failed verification]

Louis Trichardt

On 9 May 1901, Cols.

Johan William Colenbrander and H.L. Grenfell rode into Louis Trichardt ahead of a mixed force of about 600 men. In addition to Kitchener's Fighting Scouts, the force included elements of the Pietersburg Light Horse, the Wiltshire Regiment, the Bushveldt Carbineers (BVC), a large force of Black South African "Irregulars", and six members of the War Office's Intelligence Department commanded by Captain Alfred James Taylor.[10]

Even though Louis Trichardt was "reeling from the annual effects of

On 11 May 1901, the remaining residents of Louis Trichardt, including both the

concentration camp at Pietersburg.[12]

According to South African historian Charles Leach, Captain Taylor "emphatically told" the local

Sotho communities "to help themselves to the land and whatever else they wanted as the Boers would not be returning after the war."[13]

Concentration camps

concentration camp
.
View of the Barberton camp, one of the British concentration camps during the Second Boer War, 1901

As a further strategy, General

concentration camps
– 45 for Afrikaners and 64 for Black Africans.

British concentration camps
.

According to historian Thomas Pakenham, "In practice, the farms of Boer collaborators got burnt too – burnt by mistake by Tommies or in reprisal by the commandos. So Kitchener added a new twist to farm-burning. He decided that his soldiers should not only strip the farms of stock, but should take the families, too. Women and children would be concentrated in 'camps of refuge' along the railway line. In fact, these camps consisted of two kinds of civilians: genuine refugees – that is, the families of Boers who were helping the British, or at least keeping their oath of neutrality – and internees, the families of men who were still out on commando. The difference was crucial, for at first there were two different scales of rations: little enough in practice for the refugees, and a recklessly low scale for the internees."[14]

Of the 107,000 people interned in the camps, 27,927 Boer women and children died[15] as well as more than 14,000 Black Africans.[16]

The Pietersburg War Crimes Trials

The Boer War also saw the first war crimes prosecutions in

Boer Commandos.[17] After more than a century, the ensuing courts martial remain controversial.[citation needed
]

The Letter

On 4 October 1901, a letter signed by 15 members of the

Pietersburg. Written by BVC Trooper Robert Mitchell Cochrane, a former justice of the peace from Western Australia,[18][19]
the letter accused members of the Fort Edward garrison of six "disgraceful incidents":

1. The shooting of six surrendered

Afrikaner men and boys and the theft of their money and livestock at Valdezia on 2 July 1901. The orders had been given by Captains Alfred Taylor and James Huntley Robertson, and relayed by Sgt. Maj. K.C.B. Morrison to Sgt. D.C. Oldham. The actual killing was alleged to have been carried out by Sgt. Oldham and BVC Troopers Eden, Arnold, Brown, Heath, and Dale.[20]

2. The shooting of BVC Trooper B.J. van Buuren by BVC Lt. Peter Handcock on 4 July 1901. Trooper van Buuren, an Afrikaner, had "disapproved" of the killings at Valdezia, and had informed the victims' wives and children, who were imprisoned at Fort Edward, of what had happened.[21]

3. The

Duivelskloof on 6 August 1901.[22]

4. The shooting, ordered by Capt. Taylor and Lt. Morant, of four surrendered Afrikaners and four Dutch schoolteachers, who had been captured at the Elim Hospital in Valdezia, on the morning of 23 August 1901. The firing squad consisted of BVC Lt. George Witton, Sgt. D.C. Oldham, and Troopers J.T. Arnold, Edward Brown, T. Dale, and A. Heath. Although Trooper Cochrane's letter made no mention of the fact, three Native South African witnesses were also shot dead.[23]

The ambush and fatal shooting of the Reverend Carl August Daniel Heese of the Berlin Missionary Society near Bandolierkop on the afternoon of 23 August 1901. Rev. Heese had spiritually counseled the Dutch and Afrikaner victims that morning and had angrily protested to Lt. Morant at Fort Edward upon learning of their deaths. Trooper Cochrane alleged that the killer of Rev. Heese was BVC Lt. Peter Handcock. Although Cochrane made no mention of the fact, Rev. Heese's driver, a member of the Southern Ndebele people, was also killed.[24]

5. The orders, given by BVC Lt. Charles H.G. Hannam, to open fire on a wagon train containing Afrikaner women and children who were coming in to surrender at Fort Edward, on 5 September 1901. The ensuing gunfire led to the deaths of two boys, aged 5- and 13-years, and the wounding of a 9-year-old girl.[25]

6. The shooting of Roelf van Staden and his sons Roelf and Christiaan, near Fort Edward on 7 September 1901. All were coming in to surrender in the hope of gaining medical treatment for teenaged Christiaan, who was suffering from recurring bouts of fever. Instead, they were met at the Sweetwaters Farm near Fort Edward by a party consisting of Lts. Morant and Handcock, joined by BVC Sgt. Maj. Hammet, Corp. MacMahon, and Troopers Hodds, Botha, and Thompson. Roelf van Staden and both his sons were then shot, allegedly after being forced to dig their own graves.[26]

The letter then accused the

Africaners who have fought from Colenso till now. We cannot return home with the stigma of these crimes attached to our names. Therefore we humbly pray that a full and exhaustive inquiry be made by Imperial officers in order that the truth be elicited and justice done. Also we beg that all witnesses may be kept in camp at Pietersburg till the inquiry is finished. So deeply do we deplore the opprobrium which must be inseparably attached to these crimes that scarcely a man once his time is up can be prevailed to re-enlist in this corps. Trusting for the credit of thinking you will grant the inquiry we seek."[27]

Arrests

In response to the letter written by Trooper Cochrane, Col. Hall summoned all Fort Edward officers and non-commissioned officers to Pietersburg on 21 October 1901. All were met by a party of mounted infantry five miles outside Pietersburg on the morning of 23 October 1901 and "brought into town like criminals". Lt. Morant was arrested after returning from leave in Pretoria, where he had gone to settle the affairs of his deceased friend Captain Hunt.[28]

Indictments

Although the trial transcripts, like almost all others dating from between 1850 and 1914, were later destroyed by the

Provost Marshal of Pietersburg. The first session of the Court took place on 6 November 1901 and continued for four weeks. Deliberations continued for a further two weeks,[30]
at which time it became clear that the indictments would be as follows:

1. In what became known as "The Six Boers Case", Captains Robertson and Taylor, as well as Sgt. Maj. Morrison, were charged with committing the offense of murder while on active service.[31]

2. In relation to what was dubbed "The Van Buuren Incident", Maj. Lenahan was charged with, "When on active service by culpable neglect failing to make a report which it was his duty to make."[32]

3. In relation to "The Visser Incident", Lts. Morant, Handcock, Witton, and Picton were charged with "While on active service committing the offense of murder".[33]

4. In relation to what was incorrectly dubbed "The Eight Boers Case", Lieuts. Morant, Handcock, and Witton were charged with, "While on active service committing the offense of murder".[34]

In relation to the slaying of Rev Heese, Lts. Morant and Handcock were charged with, "While on active service committing the offense of murder".

5. No charges were filed for the three children who had been shot by the Bushveldt Carbineers near Fort Edward.[35]

6. In relation to what became known as "The Three Boers Case", Lts. Morant and Handcock were charged with, "While on active service committing the offense of murder".[34]

Courts martial

Following the indictments, Maj. R. Whigham and Col. James St. Clair ordered Bolton to appear for the prosecution, as he was considered less expensive than hiring a barrister.[36] Bolton vainly requested to be excused, writing, "My knowledge of law is insufficient for so intricate a matter."[37]

The first court martial opened on 16 January 1901, with Lieut.-Col. H.C. Denny presiding over a panel of six judges. Maj. J.F. Thomas, a solicitor from Tenterfield, New South Wales, had been retained to defend Maj. Lenahan. The night before, however, he agreed to represent all six defendants.[30]

The "Visser Incident" was the first case to go to trial. Lt. Morant's former orderly and interpreter, BVC Trooper Theunis J. Botha, testified that Visser, who had been promised that his life would be spared, was cooperative during two days of interrogation and that all his information was later found to have been true. Despite this, Lt. Morant ordered him shot.[38]

In response, Lt. Morant testified that he

take no prisoners as relayed to the late Captain Hunt by Col. Hubert Hamilton. He also alleged that Floris Visser had been captured wearing a British Army jacket and that Captain Hunt's body had been mutilated.[39] In response, the court moved to Pretoria, where Col. Hamilton testified that he had "never spoken to Captain Hunt with reference to his duties in the Northern Transvaal". Though stunned, Maj. Thomas argued that his clients were not guilty because they believed that they "acted under orders". In response, Maj. Bolton argued that they were "illegal orders" and said, "The right of killing an armed man exists only so long as he resists; as soon as he submits he is entitled to be treated as a prisoner of war." The Court ruled in Maj. Bolton's favor.[40] Lt. Morant was found guilty of murder. Lts. Handcock, Witton, and Picton were convicted of the lesser charge of manslaughter.[41]

Execution

On 27 February 1902, two

British military history
.

Although Morant left a written confession in his cell, he went on to become a folk hero in modern Australia. Believed by many Australians to be the victim of a kangaroo court, public appeals have been made for Morant to be retried or pardoned. His court-martial and death have been the subject of books, a stage play, and an award-winning Australian New Wave film adaptation by director Bruce Beresford.

Witton was sentenced to death, but reprieved. Due to immense political pressure for his release, he was released after serving 32 months of a life sentence. Picton was cashiered.[42][43]

World War I

According to American historian

Alfred de Zayas, both sides during the Great War "established, for judicial and political reasons, special commissions to investigate reported instances of war crimes by enemy forces."[44] In contrast to their Allied counterparts, German investigators rarely publicised their findings for propaganda purposes.[45] Furthermore, all except 11 volumes of the German Bureau's World War I archives were destroyed during the 1945 Allied bombing raids on Berlin and Potsdam.[46]

Chemical weapons usage

A World War I-era British gas bomb

The production and use of

1907 Hague Convention on Land Warfare, which explicitly forbade the use of "poison or poisoned weapons" in warfare.[47][48]

Even so, the United Kingdom used a range of poison gases, originally

bromacetone and ethyl iodoacetate. Gases were frequently mixed, for example white star was the name given to a mixture of equal volumes of chlorine and phosgene, the chlorine helping to spread the denser but more toxic phosgene. Despite the technical developments, chemical weapons suffered from diminishing effectiveness as the war progressed because of the protective equipment and training which the use engendered on both sides. By 1918, a quarter of British artillery shells were filled with gas and the United Kingdom had produced around 25,400 tons of toxic chemicals.[citation needed]

British infantry advancing through gas at Loos
, 25 September 1915

The British Expeditionary Force first used chemical weapons along the Western Front at the Battle of Loos. On the first day of the Battle, Chlorine gas, codenamed Red Star, was deployed (140 tons arrayed in 5,100 gas cylinders) and aimed at the German Sixth Army's positions on the Hohenzollern Redoubt. The wind, however, proved fickle and the gas either lingered in no man's land or blew right back into British trenches.[49] Escalating the situation, an extremely well-aimed retaliatory artillery barrage resulted in German shells exploding upon the unused gas cylinders and releasing even more poison gas throughout British lines.[50] What is worse, the primitive flannel gas masks distributed to British Tommies before the gas was deployed quickly grew hot, and the small eye-pieces misted over and severely reduced visibility. Some Tommies lifted the masks to see better or to get fresh air and were gassed as well.[51] The use of poison gas during the Battle of Loos caused 10 deaths and at least 2,000 cases of serious injury to British soldiers.[52]

Following the Imperial German Army's use of poison gas at Ypres, the commander of II Corps, Lieutenant General Sir Charles Ferguson, had said of poison gas:

It is a cowardly form of warfare which does not commend itself to me or other English soldiers ... We cannot win this war unless we kill or incapacitate more of our enemies than they do of us, and if this can only be done by our copying the enemy in his choice of weapons, we must not refuse to do so.[53]

Hundred Days' Offensive.[citation needed
]

Royal Navy war crimes

Blockade of Germany

According to author Alan Kramer, "The dominant scholarly (and popular) view is that the blockade was illegal and led to serious food shortages causing the mass starvation of German civilians".

Alsace-Lorraine, and the authors attributed the civilian deaths over the prewar level primarily to food and fuel shortages in 1917–1918.[64]

SM U-27

HMS Baralong

According to the Hague Convention of 1907, it is defined as a war crime to kill unarmed enemy sailors after their ship has been sunk. Even so, after the sinking of

take no prisoners from U-boats."[65] Since April 1915, Herbert had ordered his subordinates cease calling him "Sir", and to address him only by the pseudonym "Captain William McBride."[66]

On 19 August 1915, the German submarine

Prize Rules
. U-27 surfaced, stopped and boarded the Nicosian, and checked her cargo manifest.

After finding the Nicosian loaded with war materiel and mules bound for the British Expeditionary Force in France, Wegener realized that the Nicosian was a legitimate target of war and allowed the Nicosian's captain and crew to take to the lifeboats.

As Wegener and his boarding party remained aboard the otherwise empty Nicosian, the Baralong arrived, flying the neutral

ruse of war. After steaming into firing range, lowering the American flag, and raising the British White Ensign
in its place, Baralong's crew opened fire and sank the U-27.

Twelve German sailors survived the U-27's sinking: the crews of her two deck guns and the sailors who had been on the conning tower. They swam to Nicosian and attempted to join the six-man boarding party by climbing up her hanging lifeboat falls[note 1] and pilot ladder. In response, Herbert ordered his men to open fire with small arms on the men in the water.[67][68][69][70]

Meanwhile, Nicosian's crew were cheering wildly from the lifeboats. Captain Manning was heard to yell, "If any of those bastard Huns come up, lads, hit 'em with an oar!"[71]

After a few German survivors managed to climb aboard the Nicosian, Herbert sent Baralong's 12 Royal Marines, under the command of a Corporal Collins, to board the sinking vessel. As they departed, Herbert ordered Collins, "Take no prisoners."[72] The German sailors were discovered in the engine room and shot on sight. According to Sub-Lieutenant Gordon Steele: "Wegener ran to a cabin on the upper deck – I later found out it was Manning's bathroom. The marines broke down the door with the butts of their rifles, but Wegener squeezed through a scuttle and dropped into the sea. He still had his life-jacket on and put up his arms in surrender. Corporal Collins, however, took aim and shot him through the head."[73] Collins later recalled that, after Wegener's murder, Herbert threw a revolver in the German captain's face and screamed, "What about the Lusitania, you bastard!"[73]

In Herbert's report to the Admiralty, he alleged the German survivors were trying to

board and scuttle the Nicosian, so he ordered the Royal Marines on his ship to kill the survivors. The Admiralty, upon receiving the report, vainly ordered that the incident be kept secret.[citation needed
]

After the Nicosian's crew arrived at Liverpool, however, the American members of the crew gave sworn testimony to the United States Consul about the massacre of U-27's crew. After their return to the United States, they repeated their testimony to American newspapers and before a notary public at the Imperial German Consulate in New Orleans. As a result, the US State Department forwarded a formal protest by the German Empire to the British Foreign Office.[74]

The memorandum demanded that "Captain William McBride" and the crew of HMS Baralong be court-martialed and threatened to "take the serious decision of retribution" if the massacre of U-27's crew went unprosecuted.[75]

SMS U-27 with members of her crew

Rather than admit that Lt.-Comm. Herbert

only followed orders, the foreign secretary, Sir Edward Grey, replied through the U.S. State Department in a textbook example of diplomatic effrontery. He wrote, "His Majesty's Government do not think it necessary to make any reply to the suggestion that the British navy has been guilty of inhumanity, according to the latest figures available, the number of German sailors rescued from drowning, often in circumstances of great difficulty and peril, amounts to 1,150. The German navy can show no such record – perhaps through want of opportunity."[76]

Sir Edward further argued that the alleged massacre of U-27's unarmed sailors could be grouped with the Imperial German Navy's sinking of SS Arabic, their attack on a stranded British submarine in neutral Dutch territorial waters, and their attack on the steamship Ruel. In conclusion, Grey suggested that all four incidents be placed before a tribunal chaired by the United States Navy.[77]

The U.S. State Department also vainly protested that the American flag had been used as a false flag, as this placed American ships in danger. Walter Hines Page, the U.S. ambassador in London, was telegraphed by Secretary of State Robert Lansing and ordered to not ask Sir Edward Grey any questions about whether the American flag had been used in the case. "The fact," he was told, "is established."[76]

A German medal was issued commemorating the incident.[78]

SM U-41

On 24 September 1915 HMS Baralong also sank

American flag after opening fire on U-41 and then rammed the lifeboat carrying the German survivors, causing it to sink.[79] The only witnesses to the second attack were the German and British sailors present. Oberleutnant zur See Iwan Crompton, after returning to Germany from a prisoner-of-war camp, reported that Baralong had run down the lifeboat he was in; he leapt clear and was shortly after taken prisoner. The British crew denied that they had rammed the lifeboat.[80] Crompton later published an account of U-41's exploits in 1917, U-41: der zweite Baralong-Fall (Eng: "The second Baralong case").[81]

SM UB-110

On 19 July 1918, while under the command of Kapitänleutnant Werner Fürbringer, SM UB-110 was depth charged, rammed, and sunk near the Tyne by HMS Garry, commanded by Charles Lightoller. This was possibly the last U-boat sinking during the Great War.[82]

In his postwar memoirs, Fürbringer alleged that, after the sinking, HMS Garry hove to and opened fire with revolvers and machine guns on the unarmed shipwreck survivors in the water. He states that he saw the skull of his 18-year-old steward split open by a lump of coal hurled by a member of Garry's crew. He also states that when he attempted to help a wounded officer to swim, the man said, "Let me die in peace. The swine are going to murder us anyhow." The memoir states that the shooting ceased only when the convoy that the destroyer had been escorting, and that contained many neutral-flagged ships, arrived on the scene, at which point "as if by magic the British now let down some life boats into the water."[83]

While Lieut-Com. Lightoller does not go into detail about the sinking in his memoir, does confirm Fürbringer's memoirs by admitting that he "refused to accept the hands up air" business. Lightoller explained, "In fact it was simply amazing that they should have had the infernal audacity to offer to surrender, in view of their ferocious and pitiless attacks on our merchant ships. Destroyer versus Destroyer, as in the Dover Patrol, was fair game and no favour. One could meet them and take them on as a decent antagonist. But towards the submarine men, one felt an utter disgust and loathing; they were nothing but an abomination, polluting the clean sea."[84]

Lieutenant Commander Lightoller was awarded a bar to his Distinguished Service Cross for sinking UB-110. A total of 23 members of UB-110's crew died in the action and at the hands of Garry's crew after the sinking.[citation needed]

German investigation of British war crimes

According to American historian

laws and customs of war which enemy military and civilian persons have committed against the Prussian troops and to investigate whatever accusations of this nature are made against by the enemy against members of the Prussian Army."[85]

The Military Bureau "had wide competence to establish facts in a judicial manner and to secure the evidence necessary for legal analysis of each case. Witnesses were interrogated and their sworn depositions taken by military judges; lists of suspected war criminals were compiled, which would probably have led to criminal proceedings if the German Empire had won the war. The material remained largely secret, though some excerpts from witness depositions were used in German white books."[85]

By the summer of 1918, the Military Bureau had documented 355 separate incidents of violations of the laws and customs of war by British servicemen along the Western Front.[86]

The Military Bureau also compiled a thirteen-page "Black List of Englishmen who are guilty of violations of the laws of war vis a vis members of the German Armed Forces" (

Second World War, contains a total of 39 names, including "Captain McBride" of HMS Baralong. In contrast, however, nine similar lists survive of alleged French war criminals and consist of 400 names.[87]

Following the Armistice, investigation continued, particularly into crimes against German POWs, and culminated in a five volume report entitled International Law during the World War (German: Völkerrecht im Weltkrieg). The report was never translated, however, and had minimal effect outside of Germany.[88]

Also following the Armistice, the victorious

Leipzig War Crimes Trials.[89]

According to de Zayas, however, "Generally speaking, the German population took exception to these trials, especially because the Allies were not similarly bringing their own soldiers to justice."[85]

World War II

Attack on neutral powers

The British violated the neutrality of several countries on a number of occasions, including:

Crimes against enemy combatants and civilians

Looting

In violation of the

Hague Conventions, British troops conducted small scale looting in Normandy following their liberation.[95] On 21 April 1945, British soldiers randomly selected and burned two cottages in Seedorf, Germany, in reprisal against local civilians who had hidden German soldiers in their cellars.[96] On 23 May 1945, British troops in Schleswig-Holstein were alleged to have plundered Glücksburg castle, stealing jewellery, and desecrating 38 coffins from the castle's mausoleum.[97] Historian Sean Longden claims that violence against German prisoners and civilians who refused to cooperate with the British army "could be ignored or made light of".[98]

Torture of POWs

An MI19 prisoner of war facility, known as the "London Cage", was utilised during and immediately after the war. This facility has been the subject of allegations of torture.[99] The Bad Nenndorf interrogation centre, in occupied Germany, managed by the Combined Services Detailed Interrogation Centre, was the subject of an official inquiry in 1947. It found that there was "mental and physical torture during the interrogations".[100]

Rapes

Rape was committed by British troops during the

British advance towards Germany.[101] During late 1944, with the army based across Belgium and the Netherlands, soldiers were billeted with local families or befriended them. In December 1944, it came to the attention of the authorities that there was a "rise of indecency with children" where abusers had exploited the "atmosphere of trust" that had been created with local families. While the army "attempted to investigate allegations, and some men were convicted, it was an issue that received little publicity."[98] Rape also occurred once British forces had entered Germany.[101] Many rapes involved alcohol, but there were also instances of premeditated attacks.[98] For example, on a single day in April 1945, three women in Neustadt am Rübenberge were raped.[101] In the village of Oyle, near Nienburg, two soldiers attempted to coerce two girls into a nearby wood. When they refused, one was grabbed and dragged into the woods. When she began to scream, in according to Longden, "one of the soldiers pulled a gun to silence her. Whether intentionally or in error the gun went off hitting her in the throat and killing her."[98]

Sean Longden highlights that "Some officers failed to treat reports of rape with gravity." He provides the example of a medic, who had a rape reported to him. In cooperation with the Royal Military Police, they were able to track down and apprehend the perpetrators who were then identified by the victim. When the two culprits "were taken before their CO. His response was alarming. He insisted since the men were going on leave no action could be taken and that his word was final."[98]

Bombing of Dresden

Dead civilians at Dresden after the 1945 bombing

The British, with other allied nations (mainly the U.S.) carried out air raids against enemy cities during

bombing of the German city of Dresden, which killed around 25,000 people. While "no agreement, treaty, convention or any other instrument governing the protection of the civilian population or civilian property" from aerial attack was adopted before the war,[102] the Hague Conventions did prohibit the bombardment of undefended towns. The city, largely untouched by the war, had functioning rail communications to the Eastern front and was an industrial centre. Allied forces inquiry concluded that an air attack on Dresden was militarily justified on the grounds the city was defended.[103]

When asked whether the bombing of Dresden was a war crime, British historian Frederick Taylor replied: "I really don't know. From a practical point of view, rules of war are something of a grey area. It was pretty borderline stuff in terms of the extent of the raid and the amount of force used."[104] Historian Donald Bloxham claims that "the bombing of Dresden on 13–14 February 1945 was a war crime". He further argues that there was a strong prima facie for trying Winston Churchill among others and that there is theoretical case that he could have been found guilty. "This should be a sobering thought. If, however it is also a startling one, this is probably less the result of widespread understanding of the nuance of international law and more because in the popular mind 'war criminal', like 'paedophile' or 'terrorist', has developed into a moral rather than a legal categorisation."[105]

The bombing of Dresden has been politicised by

Nazi war crimes and the killing of German civilians by Allied bombing raids.[106]

War crimes at sea

Unrestricted submarine warfare

On 4 May 1940, in response to Germany's intensive

Admiralty announced that all vessels in the Skagerrak, even the neutral ones, were to be sunk on sight without warning. This was contrary to the terms of the Second London Naval Treaty.[107][108]

Shootings of shipwreck survivors

According to

Alfred de Zayas, there are numerous documented cases of the Royal Navy and Royal Air Force deliberately firing upon shipwreck survivors.[109]

In July 1941, the submarine

Lieutenant Commander Anthony Miers, was based in the Mediterranean where it sank several German ships. On two occasions, once off the coast of Alexandria, Egypt, and the other off the coast of Crete, the crew fired upon shipwrecked German sailors and troops. Miers made no attempt to hide his actions, and reported them in his official logs. He received a strongly worded reprimand from his superiors following the first incident. Mier's actions violated the Hague Convention of 1907, which banned the killing of shipwreck survivors under any circumstances.[110][111]

Attacks against non-combatant ships

On 10 September 1942, the Italian

Valona, in the Adriatic Sea to British torpedo bombers on 14 March 1941[113][114] and HS California off Syracuse on 11 August 1942.[115]

On 18 November 1944, the German hospital ship

Alfred M. de Zayas identifies the sinking of Tübingen and other German and Italian hospital ships as war crimes.[117]

Malaya

Batang Kali massacre

Civilians forcefully evicted from their land by the British military during the Malayan Emergency

On 12 December 1948, during the Malayan Emergency, the Batang Kali massacre took place which involved the killing of 24 villagers. Six of the eight British soldiers involved were interviewed under caution by detectives. They corroborated accounts that the villagers were unarmed, were not insurgents nor trying to escape, and had been unlawfully killed on the order of the two sergeants in command. The sergeants denied the allegations. The Government's position was that if anyone is to be held responsible, it should be the Sultan of Selangor.[118][119][120][121]

Internment camps

As part of the

New Villages". The intent of this measure was to inflict collective punishments on villages where people were deemed to be aiding the insurgents and to isolate the population from contact with insurgents. The British also tried to win the hearts of the internees by providing them with education and health services as well as piped water and electricity within the villages. This practice was prohibited by the Geneva Conventions and customary international law which stated that the destruction of property must not happen unless rendered absolutely necessary by military operations.[122][123][124]

According to British historian John Newsinger, people transferred to live in the New Villages were "effectively deprived of all civil rights";[125] John D. Leary in his study of the Orang Asli during the Emergency argued that the forced resettlement used to create the New Villages brought "misery, disease and death" to many Malaysians.[126]

Royal Marine poses holding severed heads during the Malayan Emergency

Headhunting and scalping

During the war British and Commonwealth forces hired Iban (Dyak) headhunters from Borneo to decapitate suspected MNLA members, arguing that this was done for identification purposes.[127] Iban headhunters were also permitted by British military leaders to take the scalps of corpses to be kept as trophies.[128] However, in practice this led to British troops taking the severed heads of Malayan people as trophies.[127] After the practice of headhunting in Malaya by Ibans had been exposed to the public, the Foreign Office first tried to deny that the practice existed, before then trying to justify Iban headhunting and conduct damage control in the press.[129] Privately, the Colonial Office noted that "there is no doubt that under international law a similar case in wartime would be a war crime".[130][131][129] One of the trophy heads was later found to have been displayed in a British regimental museum.[127]

In 1952, April, the

Oliver Lyttelton (after confirmation from Field-Marshal Gerald Templer) confirmed to parliament that the photos were indeed genuine.[133] In response to the Daily Worker articles exposing the decapitation of MNLA suspects, the practice was banned by Winston Churchill who feared that such photographs would give ammunition to communist propaganda.[127][134]

Despite the shocking imagery of the photographs of headhunting by British soldiers in Malaya, the Daily Worker was the only newspaper to publish them and the photographs were virtually ignored by the mainstream British press.[129]

Malayan Emergency gallery

  • An Iban headhunter wearing a Royal Marine beret prepares a human scalp above a basket of human body parts.
  • An Iban headhunter posing with a human scalp
    An Iban headhunter posing with a human scalp
  • The Daily Worker exposes the practice of headhunting among British troops in Malaya. 28 April 1952.
    The Daily Worker exposes the practice of headhunting among British troops in Malaya. 28 April 1952.
  • Commonwealth soldiers in a British military base pose with a severed head
    Commonwealth soldiers in a British military base pose with a severed head
  • Commonwealth soldiers pose with a severed head inside a British military base in Malaya during the Malayan Emergency
    Commonwealth soldiers pose with a severed head inside a British military base in Malaya during the Malayan Emergency

Kenya

Treatment of detainees

During an

eight-year conflict in Kenya from 1952 to 1960 in which Britain sought to restore order, many Kikuyu were relocated. According to British authorities 80,000 were interned, while Caroline Elkins estimated that between 160,000 and 320,000 were interned;[135] other estimates are as high as 450,000 interned. According to David Anderson, the British hanged over 1,090 suspected rebels. Another 400 were sentenced to death but reprieved because they were under 18 or women. The British declared some areas prohibited zones where anyone could be shot. It was common for Kikuyu to be shot because they "failed to halt when challenged."[136][137][138]

Torture and atrocities were committed during the conflict. According to Elkins:

[E]lectric shock was widely used, as well as cigarettes and fire. Bottles (often broken), gun barrels, knives, snakes, vermin, and hot eggs were thrust up men's rectums and women's vaginas. The screening teams whipped, shot, burned and mutilated Mau Mau suspects, ostensibly to gather intelligence for military operations and as court evidence.[139]

Historian Robert Edgerton stated:

If a question was not answered to the interrogator's satisfaction, the subject was beaten and kicked. If that did not lead to the desired confession, and it rarely did, more force was applied.

Electric shock was widely used, and so was fire. Women were choked and held under water; gun barrels, beer bottles, and even knives were thrust into their vaginas. Men had beer bottles thrust up their rectums, were dragged behind Land Rovers, whipped, burned and bayoneted... Some police officers did not bother with more time-consuming forms of torture; they simply shot any suspect who refused to answer, then told the next suspect, to dig his own grave. When the grave was finished, the man was asked if he would now be willing to talk."[140]

Memorial in honour of victims of torture and ill-treatment during the colonial era, Nairobi

More than a million Kikuyu were held in "enclosed villages" as part of the villagisation program; although some were Mau Mau guerrillas, most were victims of collective punishment that colonial authorities imposed on large areas of the country. Thousands were beaten or

U.S. President Barack Obama. According to his widow, British soldiers forced pins into his fingernails and buttocks and squeezed his testicles between metal rods and two others were castrated.[141]

In June 1957,

governor, Sir Evelyn Baring, detailing the way the regime of abuse at the colony's detention camps was being subtly altered. He said that the mistreatment of the detainees is "distressingly reminiscent of conditions in Nazi Germany or Communist Russia". Despite this, he said that in order for abuse to remain legal, Mau Mau suspects must be beaten mainly on their upper body, "vulnerable parts of the body should not be struck, particularly the spleen, liver or kidneys", and it was important that "those who administer violence ... should remain collected, balanced and dispassionate". He also reminded the governor that "If we are going to sin," he wrote, "we must sin quietly."[141][142]

Chuka massacre

The

Mau Mau uprising. Members of the 5th KAR B Company entered the Chuka area on 13 June 1953, to flush out rebels suspected of hiding in the nearby forests. Over the next few days, the regiment had captured and executed 20 people suspected of being Mau Mau fighters for unknown reasons. It is found out that most of the people executed were actually belonged to the Kikuyu Home Guard – a loyalist militia recruited by the British to fight a guerrilla enemy.[citation needed
]

All of the soldiers involved in the Chuka patrols were placed under open arrest at Nairobi's Buller Camp, but General

cashiered from the Army.[144] He served his sentence at Wormwood Scrubs Prison in London.[145][146] None of the other ranks involved in the massacre has been prosecuted.[147][148][149]

Griffiths was put before a second court-martial following the McLean inquiry's findings charged with the murder of the first guide. On 11 March 1954, he was found guilty of murder and sentenced to five years imprisonment; he was cashiered from the Army and served his sentence in Wormwood Scrubs in London.[150][151][152][153]

Hola massacre

Hola Massacre monument

The Hola massacre was an incident at a detention camp in Hola, Kenya. By January 1959 the camp had a population of 506 detainees of whom 127 were held in a secluded "closed camp". This more remote camp near Garissa, eastern Kenya, was reserved for the most uncooperative of the detainees. They often refused, even when threats of force were made, to join in the colonial "rehabilitation process" or perform manual labour or obey colonial orders. The camp commandant outlined a plan that would force 88 of the detainees to bend to work. On 3 March 1959, the camp commandant put this plan into action – as a result, 11 detainees were clubbed to death by guards.[154] All of the surviving detainees sustained serious permanent injuries.[155] The British government accepts that the colonial administration tortured detainees, but denies liability.[156]

Kiruara massacre

Hola Massacre monument

The Kiruara Massacre occurred on the 23 November 1952. British security forces were called to a crowd of Kikuyu who had gathered to hear the prophecies of a man who claimed to have seen a vision foreshadowing the end of colonial rule. After the crowd failed to disperse, the authorities opened fire with Sten guns. While the official death toll for the massacre stood at fifteen, it has been claimed that the death toll may have been as high as four hundred.[157][158]

The Troubles

A mural in Belfast graphically depicting the collusion between British security forces and Ulster loyalist groups; Image reads: "Collusion is not an illusion, it is state murder"
A mural in Belfast depicting the collusion between the Royal Ulster Constabulary and Ulster loyalist paramilitaries.

from 1970 to 1997
.

During the Troubles, British Army personnel have been accused of war crimes,[160][161][162][163] mainly in nationalist areas. The deadliest incident happened in January 1972 on Bloody Sunday, when British paratroopers killed 14 civilians and injured several more at a protest held by the Northern Ireland Civil Rights Association (NICRA). Another major incident took place at Ballymurphy, Belfast, where eleven Irish Catholics were killed by British Army snipers in August 1971.[164][165] In the course of the already mentioned Falls Curfew, in July 1970, four civilians were shot dead and at least 60 wounded.[166] Later in the conflict, there were other attacks against civilians involving the British Army, like the riots in Coalisland in 1992[167] or the killings of Majella O'Hare in County Armagh in 1972, Aidan McAnespie in County Tyrone in 1988[168] and Peter McBride in Belfast in 1992.[169]

Collusion between British security forces and loyalist paramilitaries

British security forces also colluded with loyalist paramilitaries throughout the conflict either as informants or by participating in criminal activities with them. One example was the Glenanne gang—a secret alliance of loyalist militants, British soldiers from the Ulster Defence Regiment (UDR), and Royal Ulster Constabulary (RUC) officers—that carried out a string of attacks against Irish Catholics and nationalists in an area of Northern Ireland known as the "murder triangle" and also carried out some attacks in the Republic of Ireland.[170][171] Evidence suggests that the group was responsible for the deaths of about 120 civilians.[172] The Cassel Report investigated 76 killings attributed to the group and found evidence that UDR soldiers and RUC policemen were involved in 74 of those.[173] One former member, RUC officer John Weir, said his superiors knew of the group's activities but allowed it to continue.[174][175] Attacks attributed to the group include the Dublin and Monaghan bombings (which killed 34 civilians), the Miami Showband killings, the Reavey and O'Dowd killings and the Hillcrest Bar bombing.[171][176]

The Stevens Inquiries concluded that the Force Research Unit (FRU), a covert unit of the British Army's Intelligence Corps, helped loyalists kill civilians.[177][178] FRU commanders say their plan was to make loyalist groups "more professional" by helping them target nationalists and prevent them killing civilians.[179] The Stevens Inquiries found evidence only two lives were saved and that FRU was involved with at least 30 loyalist killings and many other attacks – many of the victims uninvolved civilians.[177] One of the most prominent killings was that of the Republican solicitor Pat Finucane. FRU agent Brian Nelson also helped ship weapons to loyalists from South Africa;[180] the weapons were later used in loyalist atrocities, including the Milltown Cemetery attack and Avenue Bar shooting. From 1992 to 1994, loyalists were responsible for more deaths than republicans,[181] partly due to FRU.[182][183] Stevens would later claim that members of the security forces attempted to obstruct his team's investigation.[178]

Mistreatment of detainees and prisoners

In Operation Demetrius, the British government initiated a mass arrest and internment (imprisonment without trial) of people suspected of being involved with Irish nationalist militants; due to faulty and out-of-date intelligence, many were no longer involved in or never had links with nationalist militancy. The introduction of internment, the way the arrests were carried out, and the abuse of those arrested, led to mass protests and a sharp increase in violence. Amid the violence, about 7,000 people fled or were forced out of their homes. In 2017, barrister Hugh Southey, representing 14 men who endured the "five techniques" interrogation method while interned in 1971, told the High Court that the mistreatment "was in the scale of a war crime".[184][185]

In March 1976, the British government announced that the Special Category Status, which granted paramilitary prisoners de facto prisoner of war (POW) status in accordance with the principles of the Geneva Conventions, would not be given to those convicted after this date.[186]

During the 1980–1981 no wash protest at the all-women Armagh Prison, protesting prisoners in February 1980 were subsequently beaten by guards in riot gear and confined to their cells for 24 hours, during which time they were denied access to the bathroom and given little food to eat. Over the course of their confinement, their chamber pots began to fill, forcing the women to dump the urine out of spy holes in their doors (these were subsequently nailed shut) and to throw the excrement out their windows (which were then boarded up). As time went on, the dirty protest changed the conditions within the prison from bad to worse, adding filth and stench to the already nearly insurmountable obstacles to daily life within the walls of Armagh.[187]

In the 1983 Maze Prison escape, 38 IRA prisoners escaped from the maximum security prison HM Prison Maze in County Antrim in Northern Ireland. Of the 38 who escaped, 19 were recaptured and returned to prison. It was there that severe mistreatment occurred upon the returning prisoners. During the extradition hearing of fugitive and Maze Prison escapee James J. Smyth at the U.S. district court in San Francisco, Maze prison governor John Baxter admitted that guards brutalised the returning inmates following the 1983 breakout and later lied in court by denying the prisoners had suffered dog bites. However, he said the officers involved had never been disciplined and there were no plans to do so.[188] U.S. district judge Barbara A. Caulfield wrote under the "Maze prison" section of her finding that:[189]

6. The republican prisoners who escaped but were captured and returned were forced to run a gauntlet of guard dogs which were allowed to bite them. The guards ordered attack dogs upon the republican prisoners as they were moved to other cell blocks. The dogs bit several prisoners. The prisoners were denied medical care for several days. Many of the escapees were rounded up and returned to the Maze immediately after the escape. Upon their return to the Maze, prison officers kicked and punched the returned escapees and repeatedly called them "Fenian bastards." Numerous prison officers took part in the mistreatment of the returned escapees.

7. There was no evidence that prisoners in the loyalist wing were similarly treated. That is, of the loyalist and republican prisoners who did not escape, only the republicans were moved, beaten, kicked, bitten by dogs, and subjected to religious and political insults.

8. Several prisoners brought actions for damages for their treatment following the escape. The court in Northern Ireland found that there was a widespread conspiracy to conceal the fact of the assault of the prisoners.

9. No disciplinary action was ever taken against the prison officers for their abuse of the prisoners in connection with the escape or for perjuring themselves. The current prison governor testified that there are no plans to discipline the prison officers involved and the "case is closed" as far as he is concerned. None of the testifying prison officials knew whether any of the prison officers who participated in the abuse of the returned escapees or who perjured themselves are still employed at the Maze prison. The Maze Prison governor, John Baxter, acknowledged that many of the guards who are at the Maze now have been there since the 1983 escape.

...

12. Ex-prisoners from the Maze are subject to increased scrutiny by the security forces. Several witnesses on behalf of James Smyth testified that ex-prisoners are frequently subject to harassment by the security forces.

13. Sean Mackin was arrested and charged with the attempted murder of a prison officer's daughter. Mackin testified that while he was in the Crumlin Road prison before trial, he was treated differently from other prisoners in that every time an officer was killed, he would either be beaten in his cell or put in solitary confinement.

...

15. Paul Kane was a 1983 Maze escapee who was extradited from the Republic of Ireland to Northern Ireland in 1989. During the course of his extradition proceedings, he applied to the Minister of Justice in Ireland not to send him back because he feared being assaulted by the prison staff and members of the security forces. The Minister of Justice denied the application and guaranteed that Kane would not be abused upon his return. As soon as Kane was handed over to the security forces at the Northern Ireland border, verbal abuse, including anti-Catholic remarks, began. Once put in a holding cell in Belfast, handcuffs were placed very tightly on his wrists and despite numerous requests, the handcuffs were not removed or loosened. Kane also was roughed up by the security forces within hours of being returned to Northern Ireland.

War on Terror

The Human Rights Watch reported that the UK government sought the overseas operations bill to stop the prosecution of British soldiers for torture and other war crimes committed overseas. Under this bill the power of the attorney general, a member of the government, had more power to protect soldiers from prosecution whether with a genuine case or not.[190]

In November 2019,

wars in Afghanistan and Iraq. Leaked documents allegedly contain evidence implicating British troops in killing children and the torture of civilians in these regions. The Iraq Historic Allegations Team (IHAT), which investigated British war crimes in Iraq, and Operation Northmoor, which investigated the same in Afghanistan, were dismantled by the British government in 2017 after Phil Shiner, a solicitor who took more than 1,000 cases to IHAT, was struck off from practising law amid allegations he had paid people in Iraq to find clients.[191]

Some former IHAT and Operation Northmoor investigators said Shiner's actions were used as an excuse to close down the inquiries. No case investigated by IHAT or Operation Northmoor led to a prosecution. An IHAT detective told Panorama: "The Ministry of Defence had no intention of prosecuting any soldier of whatever rank he was unless it was absolutely necessary, and they couldn’t wriggle their way out of it". Investigators said they found evidence of murders by an SAS soldier, as well as deaths in custody, beatings, torture and sexual abuse of detainees. A senior SAS commander was found to have covered up the crimes committed by soldiers under his command.[191]

Corporal Donald Payne, a former soldier of the Queen's Lancashire Regiment of the British Army, became the first member of the British armed forces to be convicted of a war crime under the provisions of the International Criminal Court Act 2001. He was jailed for one year and dismissed from the army. In June 2020, Johnny Mercer said that Operation Northmoor had been completed and no more British troops would be prosecuted over alleged war crimes in Afghanistan and Iraq.[192]

Iraq War

During the

death of Baha Mousa.[193] On 19 September 2006, Corporal Donald Payne pleaded guilty to a charge of inhumane treatment to persons, making him the first member of the British armed forces to plead guilty to a war crime.[194] He was subsequently jailed for one year and expelled from the army. Six other soldiers were cleared of any charges.[195] Mr Justice McKinnon suggested that he believed there had been some level of covering-up with relation to the case.[196] In 2021, the Supreme Court of the United Kingdom found that the use of the five techniques amounts to torture.[197]

Afghanistan War

In September 2013,

dismissed with disgrace from the Royal Marines.[200]

In April 2017, following an appeal that saw his conviction reduced to manslaughter, Blackman was released from prison having served three years of his sentence.[201]

In July 2022, a BBC investigation said that unarmed men were repeatedly killed by SAS operatives in suspicious circumstances, focusing in particular on a series of night raids conducted by one squadron over the course of its six-month our in Helmand Province in 2010/11 which may have led to the unlawful killings 54 people.[202] The investigators also said that personnel at the highest echelon of the UK’s special forces including its former director Mark Carleton-Smith were aware of the allegations, but did not report them to the military police when they conducted two investigations involving alleged offences committed by the squadron, despite a legal obligation to do so.[202]

See also

Notes

  1. ^ The ropes by which a boat is lowered from the deck of a ship to the water

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Further reading