A century-old war crimes conviction, stemming from a shocking First World War atrocity, continues to shape modern international law, highlighting the enduring principle that certain acts are "manifestly unlawful".
The Sinking of the Llandovery Castle
In the final months of the First World War, a German submarine, U-86, torpedoed the Canadian hospital ship Llandovery Castle off the coast of Ireland in June 1918. The vessel was clearly marked and serving a humanitarian purpose. After the sinking, the U-boat surfaced and proceeded to attack the lifeboats, killing defenceless survivors struggling in the water.
This brutal act violated the established laws of maritime warfare, which protected non-combatants and those rendered helpless after an attack. The incident caused international outrage and set the stage for a groundbreaking legal proceeding.
A Landmark Post-War Trial
Pursuant to the Treaty of Versailles in 1919, a German court later tried two officers from U-86. They were convicted of "an offence against the law of nations" for their role in the attack on the survivors. The judges delivered a powerful and clear verdict.
They stated that the rule against attacking survivors was "simple" and "universally known", leaving no room for ignorance. Crucially, they rejected the defence that the officers were merely following orders from their captain. The court ruled that such an order was manifestly unlawful, establishing the principle that subordinates bear personal responsibility for heinous acts, even under command.
An Enduring Legal Legacy
The legal precedent set by the Llandovery Castle case has proven remarkably durable. Professor William Schabas, an expert in international law, notes that this early 20th-century judgment is still cited in contemporary legal discussions.
Its core principles are now codified in the foundational statute of the International Criminal Court, the Rome Statute. The case remains a cornerstone in the doctrine of command responsibility and the definition of war crimes, demonstrating that some ethical and legal boundaries are considered absolute across nations and eras.
The story of the Llandovery Castle serves as a stark historical reminder that the laws of war have long condemned the killing of survivors, a standard that continues to be invoked in holding perpetrators accountable today.
