Victims of War must be loyal to deserve protection: International law and national legislation on enemy aliens 1907-1918

In international law the internment of civilians has only been regulated in writing in the context of the 4th Geneva Convention of 1949. Nevertheless this did not mean that civilians were not protected by at least some rules of customary international law before that date and especially in World War I. Furthermore specialists of international law expected states – at least those considered to be part of the community of civilized nations – to continue to treat all men equal before the law even in wartime. As research already conducted (Bird, Panayi, Fischer) has shown, this was not the case during World War I. Based on these findings the presentation proposed here wants to look into the development of international law and into some national preparations for treating so called “enemy aliens” in the period before 1914 (Austria-Hungary, Australia, United Kingdom), in order to see to what extent principles of international law protecting civilians from the consequences of war can be detected in the pre-war preparations. As far as can be judged so far the issue of loyalty was central in this context. Looking at the war itself, the presentation proposed here will try to look at how far the principles of international law alluded to above continued to influence the policies on “enemy aliens” in the countries mentioned and to see, how the International Committee of the Red Cross tried to use them to legitimize and expand its protective policies in regard to civilians interned in belligerent as well as neutral countries throughout the war.

Women and men during the 1963 Peace March, Brisbane, Australia

Women and men during Peace march in Brisbane, Australia 1963. Car can be seen in the background. Two men one with drum follow the women, one of which has a banner Women strike for peace say U.A.W. The Union of Australian Women is a national organisation that was formed in 1950. Its aim is to work for the status and wellbeing of women across the world. It has been involved in a wide variety of campaigns that concern women. The Union of Australian Women networks with other women's community and union groups on such issues.

Dockers utility in Labour Day procession 1965 Brisbane Australia

Holden utility carrying members of the Federated Ship Painters and Dockers Union during the Labour Day march in 1965, Brisbane, Australia. Anti conscription banners can be seen in the background, and the facade of the Pearl Assurance Building.

Union for Civil Liberties Demonstration 1967 Brisbane Australia

People listening to speakers during the Union for Civil Liberties Demonstration September 1967 in Brisbane. The demonstration was called by the Trades and Labour Council of Queensland to protest against police treatment of university students and staff in Roma Street, Brisbane during a protest march. The march, from the University of Queensland to the city, had been held a few days earlier.

Demonstrators with flags and banners during Moratorium in Brisbane 1970

Demonstrators in Brisbane, Australia with banners and flags during Moratorium march 1970. Anne Berquier can be seen fourth from the left.

Demonstrators and Semper press car during Moratorium in Brisbane 1970

Demonstrators in Brisbane, Australia with banners and flags during Moratorium march 1970. Semper press car (Volkswagon Kombi) can be seen. Protestors are outside the Presbyterian Church of Queensland (now Uniting Church) in Ann Street, Brisbane. In the background, scaffolding can be seen at the construction site of the Crest Hotel. Semper Floreat is the student newspaper of the University of Queensland.