International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
History
International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
§ 110. Apart from such means as are expressly prohibited by treaties or
custom, all means of killing and wounding that exist or may be invented
are lawful. And it matters not whether the means used are directed
against single individuals, as swords and rifles, or against large
bodies of individuals, as, for instance, shrapnel, Gatlings, and mines.
On the other hand, all means are unlawful that render death inevitable
or that needlessly aggravate the sufferings of wounded combatants. A
customary rule of International Law, now expressly enacted by article 23
(_e_) of the Hague Regulations, prohibits, therefore, the employment of
poison and of such arms, projectiles, and material as cause unnecessary
injury. Accordingly: wells, pumps, rivers, and the like from which the
enemy draws drinking water must not be poisoned; poisoned weapons must
not be made use of; rifles must not be loaded with bits of glass,
irregularly shaped iron, nails, and the like; cannons must not be loaded
with chain shot, crossbar shot, red-hot balls, and the like. Another
customary rule, now likewise enacted by article 23 (_b_) of the Hague
Regulations, prohibits any treacherous way of killing and wounding
combatants. Accordingly: no assassin must be hired and no assassination
of combatants be committed; a price may not be put on the head of an
enemy individual; proscription and outlawing are prohibited; no
treacherous request for quarter must be made; no treacherous simulation
of sickness or wounds is permitted.
[Sidenote: Explosive Bullets.]
§ 111. In 1868 a conference met at St. Petersburg for the examination of
a proposition made by Russia with regard to the use of explosive
projectiles in war. The representatives of seventeen Powers--namely,
Great Britain, Russia, Austria-Hungary, Bavaria, Belgium, Denmark,
France, Greece, Holland, Italy, Persia, Portugal, Prussia and the North
German Confederation, Sweden-Norway, Switzerland, Turkey and Württemberg
(Brazil acceded later) signed on December 11, 1868, the so-called
Declaration of St. Petersburg,[239] which stipulates that the signatory
Powers, and those who should accede later, renounce in case of war
between themselves the employment, by their military and naval troops,
of any projectile of a weight below 400 grammes (14 ounces) which is
either explosive or charged with fulminating or inflammable substances.
This engagement is obligatory only upon the contracting Powers, and it
ceases to be obligatory in case a non-contracting Power takes part in a
war between any of the contracting Powers.
[Footnote 239: See above, vol. I. § 562, and Martens, _N.R.G._ XVIII. p.
474.]
[Sidenote: Expanding (Dum-Dum) Bullets.]
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