The Role of the Judge in Times of Crisis: The Case of the Belgian Magistracy During the first German Occupation Between 1914 and 1918

Traditionally, the figure of the judge does not take the centre-stage in general historical works. Perhaps this lack of interest can largely be explained by Montesquieu’s antique conception of a judiciary exclusively subject to the law. What could be the leeway of a power whose action is theoretically circumscribed by the law and procedures, and whose nature is essentially reactive? The context of World War I provides an interesting case-study for these assertions. During the first German occupation of Belgium, its judges indeed developed a stronger voice than in peacetime. Because of the absence of the national executive power and the suspension of the legislative power, case law grew significantly as a source of law. In particular, the judiciary acted as a guide for the local authorities and the population in the new context of an enemy occupation. In this paper, the author specifically focuses on the relations of the Belgian magistracy with a new actor of considerable patriotic importance at that time, the National Committee for Relief and Food.