Compensation / Irish Vessels
Extract, Letters Page, Southern Star, Skibbereen, Co Cork.
16th September 2000
The article Battling For War Damages Still [pub Southern Star 26/8/00 page 6] in relation to the issue of compensation for damage caused to neutral Irish Ships by the forces of the Third Reich during 1939-46, contains some errors which need to be addressed.In reference to aerial attacks by German planes against Irish ships during the Emergency, the statement "that all these were the subject of compensation settlements except for the Loch Ryan" and that all other outstanding claims have been settled misrepresents the facts.
File No S 12203A records the Losses of Irish Shipping 39-46. Dail question No 58 by Maurice Dockrell to the Minister for Industry and Commerce, for answer on Wednesday, 23rd October 1946, contains information on all Irish Ships lost during the period 1939-46. There are a series of tables in this document indicating what claims for compensation were made against any belligerent involved in the attacks on Irish Vessels. No claim was ever made by an Irish government in relation to the loss of the Leukos, Ardmore, Irish Pine, Kylclare or Irish Oak etc because information identifying the belligerent involved was not available. Current research indicates that German Submarines were the cause of these losses. In the case of the Ardmore its loss can now be attributed to a mine layed by German aircraft. It should be noted that the only claims for compensation settled by the Germans for the unlawful actions of their forces against Irish Ships was for an attack on the Kerry Head on the 1/8/40. An Ex Gratia payment was subsequently paid by the British for an attack on the Kerlogue by Aircraft of the Royal Air Force manned by polish pilots on 25/10/43.
For many years the German government has rebutted the Irish claim for compensation on the grounds that , [1] the agreement in 1953 was to be a full and final settlement of all claims and [2] or / and that at the time the Ship in question was in a war zone or a zone declared dangerous to shipping and as a consequence the Germans were / are not liable.The agreement between the government of Ireland and the government of the Federal Republic of Germany for Compensation for Bomb Damage dated 25th of July [File No S 13504 ] Annex A, dictated, that as a consequence of the reduced financial ability of post war Germany, a reduced compensation package was agreed with Ireland in relation to the bombings at Campile,to the SS Kerry Head and the Bombing incidents at the North Strand and at Arklow. Annex B dated the 25th of July 1953 states that the Irish government was reserving their right to pursue other claims for bomb damage in such a manner as may be open to them.
In the light of current research the German government should consider the following in relation to outstanding issues between it and this country for the unlawful acts of its forces against neutral Irish Ships and their crews during the Emergency;
[1] The agreement in 1953 was to be a full and final settlement of all claims
Annex B Compensation for bomb damage dated 25th of July [ File No S 13504 B] states that an understanding had been reached between the German and Irish Governments and that there was still outstanding Irish claims for War Damage to be settled. This agreement was not intended to be a full and final settlement of all outstanding debts to Ireland in relation to the 1939-45 war and the German delegation at the time were made fully aware and understood and accepted the Irish position.
[2] or / and that at the time the Ship in question was in a War Zone or a Zone declared dangerous to Shipping and as a consequence the Germans were / are not liable.
Experts on international law indicate that customary laws of war are binding on all belligerents. The Hague Conventions of 1899 and 1907 are binding on all belligerents to the extent that they represent customary law and are binding wholly in the event that all belligerents are signatories of the convention in question. The treaties concluded since 1907 are binding wholly on signatory or adhering states. One of the arguments connected with the laws of war has centred on the traditional German assertion, that the laws of war may be set aside in the case of extreme necessity such as to achieve the purpose of the war, the defeat of the enemy.An unlimited doctrine of military necessity [Kriegraison] cannot be supported. Its acceptance without qualification would reduce all the Laws of War to mere dogmas of military convenience, to be observed when it is not dangerous to do so, and to be disregarded whenever such a course of action appears to have merit or when it appears essential. If it can be shown that there was no dire urgency or that the violation undertaken did not materially and immediatly contribute to military success, then accordingly any tribunal judging the case on hand would be bound to rule that a war crime had been committed.
The doctrine of military necessity continually enunciated by the Germans as a response to past Irish claims for compensation cannot be upheld.The Germans were aware that Ireland was a neutral country and that Irish registered vessels would operate in compliance with the Hague Conventions. Attacking neutral Irish vessels, cannot be construed as materially and immediatly contributing to a military success, and cannot in any way be regarded as legitimate and identifiable military objectives. In effect the German forces by attacking neutral Irish vessels violated the Hague Conventions, the Procès-Verbal, the laws of war and international law and as a consequence committed a war crime against the Irish people for which compensation is still outstanding. Irrespective of the agreement signed in Moscow in 1990 to address outstanding issues of liability concerning World War Two. The German government should and must be rigorously pursued by an Irish government in relation to compensation for the unlawful actions of the Third Reich against all neutral Irish ships and their crews during the Emergency on the basis that their forces breached the explicit and implied principles set out in the Hague Conventions and consequently violated our neutrality and international law.
