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War criminals

Despite "hang the Kaiser" being a popular slogan of the time, particularly in Britain, the proposed trial of the Kaiser under Article 227 of the Versailles treaty never took place. Defying popular British anger at the Kaiser, and the fact that putting the Kaiser on trial was originally a British proposal, Lloyd George refused to support French calls for the Kaiser to be extradited from the Netherlands where he was living in exile. The Dutch authorities refused extradition, and the former Kaiser died there in 1941.

Article 228 allowed for the extradition of German war criminals to stand trial before Allied tribunals. Originally a list of as many of 20,000 alleged criminals was prepared by the Allies, however this was later reduced. Following the ratification of the treaty in January 1920, the Allies submitted a request that 890 (or 895) alleged war criminals be extradited for trial. France and Belgium each requested the extradition of 334 individuals including von Hindenburg and Ludendorff for the damages they had inflicted on Belgium and the mass deportations they had overseen from both France and Belgium. Britain submitted a list of 94 names, including von Tirpitz for the sinkings of civilian shipping by German U-boats. Italy's request included 29 names divided between those accused of mistreating prisoners of war and those responsible for U-Boat sinkings. Romania requested the extradition of 41 individuals including von Mackensen. Poland requested 51 people be extradited, and Yugoslavia (successor to wartime Serbia) four. Germany refused extradition, however, claiming that carrying out such a request to extradite people widely regarded as heroes in Germany would likely result in the fall of the government, but made a counter-offer of holding trials at Leipzig, an offer that was ultimately accepted by the Allies.

After subsequent negotiation, the list of alleged war criminals submitted by the Allies for trial at Leipzig was reduced to 45, however, this ultimately also ended up being too many for the German authorities, and in the end only 12 officers were put on trial – six from the British list, five from the French one, and one from the Belgian list. The British list included only low-level officers and enlisted men, including a prison-guard accused of beating prisoners of war and two U-Boat commanders who sank hospital ships (the Dover Castle and the Llandovery Castle). In contrast the French list were all high-ranking officials, including Lieutenant-General Karl Stenger, who was accused of massacring French prisoners of war. The Belgian case involved a man accused of mistreating and imprisoning Belgian children. However, when the Germans announced that the trial would be under German law, with the German prosecutor being able to exercise prosecutorial discretion, the French and Belgians withdrew from the process in protest. Only half of the cases led to conviction, with superior orders being allowed as a defence in the Dover Castle case, and in mitigation in the Llandovery Castle case where the officer responsible had massacred seamen in lifeboats. All but one of the people put forward by the French were acquitted, including Karl Stenger, who was showered with flowers by German spectators. The Belgian case was also acquitted.

The Commission of Allied Jurists responded to these proceedings on 22 January 1922 by declaring that the Leipzig court had failed to carry out its mandate by failing to convict accused who should have been convicted, and by showing excessive leniency even where people had been convicted. The Allied Jurists recommended that extradition of war criminals be requested under Article 228. However, no further extradition request was made, though trials were held in France and Belgium of German war criminals in absentia.