Appletons' Popular Science Monthly, May, 1900: Vol. 57, May, 1900 to October, 1900Various
Science
Appletons' Popular Science Monthly, May, 1900: Vol. 57, May, 1900 to October, 1900
Various
Science -- Periodicals; Technology -- Periodicals
But while Lieber’s Manual was thus taken as the model by various
nations, there were inevitably developed serious divergencies in the
rules and details. Recognizing the desirability of a common code, which
should be binding upon all nations, Alexander II of Russia attempted
to secure the united action of the leading states, and, pursuant to
his initiative, the Conference of Brussels was called in 1874. In the
sessions of this conference the rules already developed were carefully
examined, and ultimately a series of articles, well calculated to
form the basis for an excellent international code, was adopted. As
the delegates, however, had not been given plenary powers by their
respective governments, their action was necessarily ineffective
without subsequent ratification. Upon this rock the conference was
wrecked, and the rules which it had formulated acquired no binding
authority.
But indirectly they had a most happy effect, for they worked as a
unifying influence in the preparation of subsequent manuals and the
amendment of existing ones. The increasing interest in the subject
thus stimulated led the Institute of International Law to give the
matter still further thought, with the result that that eminent body
of jurists in 1880 adopted a very full and excellent code, which gave
evidence of much advance in the knowledge of the subject.
But neither the Brussels rules nor the code of the Institute of
International Law possessed any binding authority, save in so far as
they embodied generally accepted usage; their influence, however,
increased the tendency in the direction of a common manual such as
that which Alexander II had hoped to secure--a hope which has now been
realized, and in a manner worthy of the subject. This logical step, too
long delayed, is due to the Peace Conference. It devoted most careful
consideration to the various codes, and has enriched, extended, and
unified the rules and improved the whole by many valuable provisions
suggested by the intervening experience. Altogether, the result is a
splendid example of a natural evolution which, commencing with the
distinction between “combatant” and “non-combatant” founded on the
considerations of mercy and justice pleaded by Grotius, subsequently
recognized in the Peace of Westphalia, increasingly practiced since
then, and at the instance of Lincoln embodied in a manual, has now
led to the adoption of a common international code for the conduct of
future armies in the field--a result which marks the triumph in our day
of the conception of civilized warfare tempered with mercy over the old
idea of indiscriminate and inhuman slaughter.
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