In re Dithmar & Boldt
Leipzig Supreme Court
16 Am. J. Int’l L. 708 (1922)
- Written by Alex Ruskell, JD
Facts
Lieutenants Dithmar and Boldt (defendants) served on a German submarine under Commander Patzig. Because Patzig believed that the enemy was using hospital ships for military purposes in violation of the Geneva Convention, Patzig ordered the submarine to torpedo an English hospital ship even though this was against German Admiralty policy. The hospital ship was sunk, and its occupants escaped to several lifeboats. Patzig then ordered the submarine to fire on the lifeboats, causing the deaths of many of the shipwrecked men. After the war, Patzig disappeared. Dithmar and Boldt, as second and third in command of the submarine, were charged with murder for firing on the shipwrecked men.
Rule of Law
Issue
Holding and Reasoning ()
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