War indemnity

“ Some say that since we began the war for humanity, we are disgraced by coming out of it with increased territory. Then a penalty must always be imposed upon a victorious nation for presuming to do a good act. The only nation to be exempt from such a penalty upon success is to be the nation that was in the wrong! It is to have a premium, whether successful or not; for it is thus relieved, even in defeat, from the penalty which modern practice in the interest of civilization requires—the payment of an indemnity for the cost of an unjust war. ”

“ Thus France acquired the public property, including the railroads, without any payment, and no share of the German public debt or war indemnity was attached to the transferred territory—arrangements which offset in some measure the principal and interest of the five milliards of war indemnity imposed by Germany in 1871. German economic penetration is restricted not only by the liquidation of existing enterprises but by the right to prohibit new participation in public utilities, mines, quarries, and metallurgical establishments. ”

“ If we found ourselves in a position to impose a war-indemnity upon England—England, which has always been so niggardly in sacrificing the lives of its own citizens—no sum in money could be great enough. England has set the whole world against us, and chiefly by her money. The purse is the sensitive spot in this nation of shopkeepers. If we have the power, we must strike at her purse above all else and without any consideration whatever. In all probability, however, we shall have to look to France (primarily, if not exclusively) for our financial indemnification. ”

“ Could France or Italy, by any kind of sacrifice, have paid any indemnities after ending the War? Germany has not only to live and make reparation, but to maintain an inter-allied army of occupation and the heavy machinery of the Reparations Commission, and must prepare to pay an indemnity for thirty years. ”

“ Upon the payment of the first two instalments of the war indemnity herein stipulated for and the exchange of the ratifications of the Treaty of Commerce and Navigation, the said place shall be evacuated by the Japanese forces, provided the Chinese Government consents to pledge, under suitable and sufficient arrangements, the Customs Revenue of China as security for the payment of the principal and interest of the remaining installments of said indemnity. ”

“ War indemnity to Japan. China agrees to pay to Japan as a war indemnity the sum of 200,000,000 Kuping Taels; [n. 3] the said sum to be paid in eight installments. The first installment of 50,000,000 taels to be paid within six months, and the second installment of 50,000,000 to be paid within twelve months, after the exchange of the ratifications of this Act. ”

“ Indemnity is not essential. At the close of our war with Slavery we said nothing of indemnity. For the life of the citizen there could be no indemnity; nor was it practicable even for the treasure sacrificed. Security for the Future was all that our nation required, and this was found in provisions of Law and Constitution establishing Equal Eights. From various intimations it is evident that Germany will not be content without indemnity in money on a large scale; and it is also evident that France, the aggressor, cannot, when conquered, deny liability to a certain extent. ”

“ They who ask themselves when it will be possible to propose to the people of any nation after the war a compensation for its enormous sacrifices, forget that the conquered will be so exhausted that there will be no question of being able to draw from a conquered nation the least pecuniary indemnity. All that can be imposed on the conquered will be the abandonment of some rags of frontier territory. ”

“ In the last few years many provinces have paid different amounts toward the war indemnity to foreign countries, because the taxes in these provinces are different. There is much squeezing and the people suffer. ”

“ A state of war abrogates treaties previously existing between the belligerents and a treaty of peace puts an end to all claims for indemnity for tortious acts committed under the authority of one government against the citizens or subjects of another unless they are provided for in its stipulations. A treaty of peace which would terminate the existing war without providing for indemnity would enable Mexico, the acknowledged debtor and herself the aggressor in the war, to relieve herself from her just liabilities. ”

“ If we refuse this, we can obtain nothing else. To reject indemnity by refusing to accept a cession of territory would be to abandon all our just demands, and to wage the war, bearing all its expenses, without a purpose or definite object. ”

“ The French advanced a powerful argument against the American suggestion of a fixed indemnity when they said that, since all admitted the liability of Germany to be far more than could be collected from her, it would be wise to wait a year or two to see how hard hit Germany was and how the world would recover from the economic consequences of the war, before deciding how much money could be collected. ”

“ The indemnity recoils on the heads of those who impose it. It is unnecessary here to enter into a consideration of the detailed effects of huge payments by defeated nations; though it may be remarked that the ramifications of such payments are so intricate and often so incapable of measurement, whilst other economic influences are at work at the same time, that it is impossible to draw an accurate conclusion as to the net advantage or disadvantage of indemnities to the State which levies them. ”

“ Germany already had agreed to pay indemnity for American lives lost, but the negotiations were delayed by a seeming deadlock over the words in which Germany should acknowledge the illegality of the destruction of the liner. Germany, unwilling to use the word "illegal," substituted a declaration that "reprisals must not be directed at others than enemy subjects." A formal communication, including such a declaration and expressing regret for loss of American lives, assuming liability and offering reparation in the form of indemnity, was submitted to Secretary Lansing. ”

“ Suppose, after the War, we attempted to disarm, without the protection of a world court and international police, while the other nations retained war armament. They, the victors and perhaps the defeated, would possess a great army and navy, manned with seasoned veterans, and be burdened with an intolerable debt; for the War has gone too far for any one to be able to pay adequate indemnity. We, rich, young, heedless, sure that no one on earth could ever whip us, chiefly because no one worth while has ever seriously tried: suppose we were completely disarmed. ”

“ The exaction of a pecuniary indemnity from the worsted party at the conclusion of a war, as is frequently done, differs from the seizure of property in transit afloat only in method, and as peace differs from war. ”

“ This is especially true where the treaty has provisions-such as Article 60-for the protection of a man being tried for an offense the punishment for which is death; for to say that it was intended to provide for enforcement of such provisions solely by claim, after breach, of indemnity would be in many instances, especially those involving trial of nationals of a defeated nation by a conquering one, to deprive the Articles of all force. Executed men are not much aided by post-war claims for indemnity. ”

“ The successful party to a war is apt to demand indemnity, and when that party is doing an act of grace and restoring annuities forfeited because of damage done it is absurd to ask that it should leave consideration of the charge for damage out of account. ”

“ I shall confine myself to reminding the Tribunal that these costs which are charged to the occupied countries can include only the costs of billeting, feeding, and possibly of paying those soldiers strictly necessary for the occupation of territories.
The Germans knowingly ignored these principles by imposing upon the Netherlands the payment of an indemnity for the maintenance of their troops which was far out of proportion to the needs of the latter. ”

“ The former usage that enemy merchantmen in the harbours of the belligerents at the outbreak of war may not be confiscated, has been made a binding rule by article 2 which enacts that such vessels as were not allowed to leave, or were by force majeure prevented from leaving during the term of grace, may not be confiscated, but may only be detained under the obligation that they shall be restored, without indemnity, after the conclusion of peace, or they may be requisitioned on condition of indemnities to be paid to the owners. ”

“ The discussion whether or not a war is profitable often takes the superficial form of a comparison between the indemnity received and the money expended on the war. It is pointed out, for example, that in 1895 Japan received a larger sum from China than {261} had been spent on the war, while on the other hand it is emphasised that thereafter the military expenditures of Japan increased so rapidly that much more than this profit was spent. ”

“ Each of the contracting parties will indemnify the civilian subjects of the other party for damages which have been caused to them in its territory during the war by the State officials or the population there through breaches of international law and acts of violence against life, health, or property. ”

“ All treaties of re-insurance with a person who became an enemy shall be regarded as having been abrogated by the person becoming an enemy, but without prejudice in the case of life or marine risks which had attached before the war to the right to recover payment after the war for sums due in respect of such risks. ”

“ Every dollar that may be drawn by nonenemies from the assets of an enemy-dominated corporation reduces the sums available for national and individual indemnification for war damage. [2] As the objective of the Trading with the Enemy Act is not only the sterilization of funds against enemy use during war but also the creation of a reparation pool of enemy and enemy-tainted assets for indemnification of war injuries, such diminutions imperil the purposes of the Act. ”

“ While the allied and associated Governments recognize that the resources of Germany are not adequate, after taking into account permanent diminution of such resources which will result from other treaty claims, to make complete reparation for all such loss and damage, they require her to make compensation for all damage caused to civilians under seven main categories:
Damage to civilians to be compensated. ”

“ In that unhappy event, the interests of the sufferers must be involved with the general interests of the nation, and must abide the ultimate result of war. But if satisfaction should not be obtained by negotiation, and should the Government, from any political considerations, not seek redress by force, in such events the sufferers would have a just claim on their country for indemnification. The question now immediately before the House was, to refer the motion for indemnification to the Committee of the Whole on the subject of sequestration. ”

“ Said Vattel, “A nation [at war] on every opportunity lays its hands on the enemy’s goods, appropriates them to itself, and thereby, besides weakening the adversary, strengthens itself, and at least in part, procures an indemnification, an equivalent, either for the very cause of the war, or for the expences and losses resulting from it” ”

“ The Allies, Belgium, Serbia, France, Russia, and the rest, are certainly entitled to claim from the Central Powers compensation for their gigantic losses caused by a war which was forced upon them, but they will scarcely make a profit out of such indemnities as they may obtain. The damage done is too large. Germany and her Allies are not rich enough ever to repay their victims. They can pay no more than a tithe of the damage, and they may have to rebuild with their own labour what they have destroyed. ”

“ Although thinking Germans know that if they do not win the war the financial day of reckoning will come, nevertheless, owing to the clever financial handling of the country by the government and the great banks, there is at present no financial distress in Germany; and the knowledge that, unless indemnities are obtained from other countries, the weight of the great war debt will fall upon the people, perhaps makes them readier to risk all in a final attempt to win the war and impose indemnities upon not only the nations of Europe but also upon the United States of America. ”

“ It is the custom in modern wars for the victor to demand of the vanquished large war indemnities, so that the people who are whipped not only suffer great losses incident to war itself, but must pay the expenses both they and their conquerors have incurred, and the people have to pay this in the shape of taxes.
Now, no one believes we are going to be conquered, but this is how an enemy’s fleet off New York, for instance, will affect all the people in the United States. ”

“ Why should war-risk insurance, purchased at a time of impending war and covering 'only against the risks of war, strikes, riots and civil commotions,' insure comprehensively against the perils of civil war but not against those of war itself? ”

“ The insurance of enemies' property, the drawing of bills of exchange or purchase on the enemies' country, the remission of bills or money to it, are illegal and void. Existing partnerships between citizens or subjects of the two countries are dissolved, and, in fine, interdiction of trade and intercourse direct or indirect is absolute and complete by the mere force and effect of war itself. ”

“ Peace, it is said, restores the right and the remedy, but it cannot restore the remedy if the war is of much duration, unless it be held that the operation of the statute of limitations is also suspended during the period the creditor is prohibited by the existence of the war and the law of nations from enforcing his claim. ”