Law of Military Occupation. -- * Ariga, La guerre sino-japonaise ( 1896), chs. 12-13, and La guerre russo-japonaise ( 1908), chs. 12-18; * Baker and Crocker, The Laws of Land Warfare (for views of authorities), 292 ff.; Bentwich, in Brit. Yr. Bk. ( 1920-21), 139-48; Birkhimer, Military Government and Martial Law ( 1904), chs. 1-16; Bluntschli, Arts. 539-51, 644-63, 719-21; Bonfils or * 2 Fauchille, Nos. 1155- 1236; Bordwell, Pt. II, chs. 8 and 9; Bray, De l'occupation militaire ( 1894); 4 Calvo, §§ 2166-93; Carpentier, op. cit.,103-150; 2 Cobbett, Leading Cases, 165-75; Conner, The Development of Belligerent Occupation ( Bulletin of State Univ. of Iowa, Apr. 6, 1912); Cybichowski, in 26 Z. I. ( 1916), 427 ff.; Depambour, Des effets de l'occupationen temps de guerre ( 1900); Despagnet, Nos. 566-602; Edmonds and Oppenheim, Land Warfare, Nos. 340-404; Fenwick, ch. 28, pp. 477-84; Féraud-Giraud, Occupation militaire ( 1881); 3 Fiore, Nos. 1454-81, and Int. Law Cod., Arts. 1540-68; * 2 Garner, chs. 23-24; Grotius, III, cc. 5 and 6; 2 Guelle, op. cit.,3-230; * Hall, Pt. III, chs. 3-4; 2 Halleck, chs. 21 and 33; Heffter (Geffcken), §§ 130-36;____________________
In accordance with Art. 228, lists of accused Germans were prepared by the principal Allied Governments, and a final extensive list, including many of the leading German military and naval officers, was compiled and presented to the German Government on Feb. 3, 1920. But the Allies accepted a German proposal that the accused be tried before the Supreme Court of the Empire in Leipzig.
In pursuance of this decision certain cases were selected for submission to the Court at Leipzig, and on May 7, 1920 an abridged list containing 45 names was handed to the German Government. To this list the British Government contributed seven names. Finally, there were twelve trials. These trials are said to have been fairly conducted, but the sentences imposed were very lenient from the British point of view, ranging from six months to four years imprisonment. However, barren the results may appear, the Leipzig Trials may be said to have set a precedent for the recognition of the principle that individual atrocities committed during a war may be punished after its cessation.
On the Leipzig Trials, see 16 A. J. ( 1922), 628-40; and Mullins, The Leipzig Trials ( 1921).
The German trials are not absolutely without precedent. On Nov. 10, 1865, Capt. Wirz was hanged after his trial and condemnation to death by a U. S. military commission because of his alleged responsibility for the "horrors" of Andersonville prison during the American Civil War. 5 Rhodes, History of the United States, 493, 495-96, 503, 506.
On the "Trial of Henry Wirz," see Exec. Doc. of H. of R., 2d sess., 40th Cong. ( 1867-68).