Between the devil and the deep blue sea - University of Canterbury

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that they could not an'est soldiers for civilian crimes without his prior consent. This was a
clear abuse of the boundaries of the Oorlogswet and, consequently, the High COUli ruled
against the kantonnementscommandant,89
In January 1916, the High COUli declared that commanders in the "state of war"
must consult with whomever normally dealt with the decision they wanted to enforce, in
order to prevent inappropriate use of "state of war" jurisdiction. Hence, for municipal
matters, they should approach the mayor or local council, and for provincial concerns, the
Provincial Governor. 90 On 6 March 1916, the court further dictated how commanders
applied Articles 10 and 22. A case brought by the town of Vlijmen against a baker who
refused to abide by a municipal regulation, had been thrown out by a District COUli judge
months earlier on the basis that Vlijmen was in a "state of siege", and that, therefore, the
anned forces ran the municipality. This ruling agreed entirely with the Minister of War's
directive of March 1915. However, on appeal, the High Court overturned the ruling in
favour of the municipality. Despite the fact that military authorities had a right to design
regulations, the judges decided that civil authorities could also continue to do so, as long as
they did not interfere with military decrees. 91
The ruling had several significant results. Bosboom had to retract his directive and
civil authorities retained their peacetime responsibilities (as Snijders had suggested all
along).92 After the ruling, Snijders issued instructions that commanders should avoid
mixing in municipal affairs except when matters of military necessity or public order and
safety arose. 93 Neveliheless, they also had to remain extra vigilant, in case the local council
or mayor issued proclamations that did not reflect the current situation. Less than three
months later, the High Court curbed military jurisdiction even further. On 9 June 1916, it
declared that the Oorlogswet did not give commanders unlimited powers. When they
regulated civilian life, they could only act within the jurisdiction nonnally accorded to local
89 Eigeman, "De pracktijk del' 'Oorlogswet'" p. 363.
90 High Court report, sitting 3 January 1916, in Militair-Rechtelijke Tijdschrift. 12, 1916, pp. 171 - 177.
91 High Court report, sitting 6 March 1916, in Militair-Rechtelijke Tijdschrifl. 11,1915/1916, pp. 544 - 549; Tuinen
et. aI., "Het militair gezag" p. 273; Eigeman, "De pracktijk del' 'Oorlogswet'" p. 365; Hasselton, "De wisseling van
het opperbevel" pp. 40 - 41.
92 Eigeman, "De pracktijk del' 'Oorlogswet'" p. 365; Clarenbeek, "De Oorlogswet voor Nederland" fn 18.
93 Commander-in-Chiefto Territorial Commander Overijssel, 18 March 1916, in ARA, "Archieven van de Generale
Star' entry no. 2.13.70, inventory no.436.