International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
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International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
§ 104. But--to use the words of article 22 of the Hague
Regulations--"the belligerents have not an unlimited right as to the
means they adopt for injuring the enemy." For not all possible practices
of injuring the enemy in offence and defence are lawful, certain
practices being prohibited under all circumstances and conditions, and
other practices being allowed only under certain circumstances and
conditions, or only with certain restrictions. The principles of
chivalry and of humanity have been at work[231] for many hundreds of
years to create these restrictions, and their work is not yet at an end.
However, apart from these restrictions, all kinds and degrees of force
and many other practices may be made use of in war.
[Footnote 231: See above, § 67.]
[Sidenote: Objects of the Means of Warfare.]
§ 105. In a sense all means of warfare are directed against one object
only--namely, the enemy State, which is to be overpowered by all
legitimate means. Apart from this, the means of land warfare are
directed against several objects.[232] Such objects are chiefly the
members of the armed forces of the enemy, but likewise, although in a
lesser degree, other enemy persons; further, private and public
property, fortresses, and roads. Indeed, apart from certain
restrictions, everything may eventually be the object of a means of
warfare, provided the means are legitimate in themselves and are capable
of fostering the realisation of the purpose of war.
[Footnote 232: See Oppenheim, _Die Objekte des Verbrechens_ (1894), pp.
64-146, where the relation of human actions with their objects is fully
discussed.]
[Sidenote: Land Warfare in contradistinction to Sea Warfare.]
§ 106. Land warfare must be distinguished from sea warfare chiefly for
two reasons. Firstly, their circumstances and conditions differ widely
from each other, and, therefore, their means and practices also differ.
Secondly, the law-making Conventions which deal with warfare rarely deal
with land and sea warfare at the same time, but mostly treat them
separately, for whereas some Conventions deal exclusively with warfare
on sea, the Hague Regulations (Convention IV.) deal exclusively with
warfare on land.
II
VIOLENCE AGAINST ENEMY PERSONS
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