Originally posted by GScholz
Interesting. Wulfie, does that mean that it wouldn't be a crime if German u-boats machinegunned survivors in the water? Survivors of merchantmen crews? I belive that happened at least once. So did US submarines at least once.
I don't think it would be a war crime. I think a precedent was set when, initially, German U-Boats would actually surface and attempt to render some aid to survivors they were attacked on a few occasions by other nearby ASW-capable units.
I see the attempts to render aid as chivalry - it is admirable but the relevant commanders did the correct thing in my opinion once the safety of their crews and commands were in jeapordy - they either rendered no aid or attacked the relevant enemy personnel to the fullest of their ability.
I see war crimes as being actual war crimes - in this case killing or mistreating enemy prisoners whose surrender has been accepted. I am certain that numerous times in the history of warfare combatants have tried to surrender and have been killed - often because the enemy they were trying to surrender to had no way to safely or efficiently accept surrender. If you are storming trenchline #1 of 42, and the few survivors of that trenchline throw their hands up as you come over the crest of the trench - do you stop your assault? Do you leave them behind you risking the lives of your command?
If you are a sub commander and you torpedo a transport that spills 1000 soldiers into the water who enter lifeboats - those are still soldiers. If you let the crew embark in lifeboats you are being nice. Maybe at the expense of your crew - as soon as they are picked up they are going to relay your last known position, etc.
It isn't nice. It's not a 'perfect' answer. But it's not killing people whose surrender you have accepted either - not even close.
If I recall correctly - those German U-Boat commanders were not convicted (or even really charged) with commiting war crimes.
Mike/wulfie
