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
§ 114. The First Hague Peace Conference adopted likewise a Declaration,
signed on July 29, 1899, prohibiting _for a term of five years_ the
launching of projectiles or explosives from balloons or other kinds of
aerial vessels. The Second Peace Conference, on October 18, 1907,
renewed this Declaration _up to the close of the Third Peace
Conference_, but out of twenty-seven States which signed the Declaration
only seven--namely, Great Britain, the United States of America, China,
Holland, Bolivia, Salvador, Haiti (Nicaragua acceded later)--ratified
it, and Germany, France, Italy, Japan, Russia--not to mention smaller
Powers--did not even sign it. There is, therefore, no doubt that the
Third Peace Conference will not renew the Declaration. Although it is
very much to be regretted, the fact must be taken into consideration
that in future violence directed from air-vessels will play a great part
in war. For this reason, the question as to the conditions under which
such violence is admissible, is of importance,[240] but it is as yet
impossible to give a satisfactory answer. The Institute of International
Law, at its meeting at Madrid in 1911, adopted the principle[241] that
_aerial warfare must not comprise greater danger to the person and the
property of the peaceful population than land or sea warfare_. However
this may be, there can be no doubt that the general principles laid down
in the Declaration of St. Petersburg of 1868, in the two Declarations,
adopted by the First Peace Conference, concerning expanding bullets and
projectiles diffusing asphyxiating or deleterious gases, in the Hague
rules concerning land warfare, and the like, must find application as
regards violence directed from air vessels.
[Footnote 240: See, besides the literature quoted above, vol. I. p. 237,
note 1, Mérignhac, pp. 198-209; Bonfils, Nos. 1440'4-1440'21; Despagnet,
No. 721 _bis_; Meyer, _Die Luftschiffahrt in kriegsrechtlicher
Beleuchtung_ (1909); Philet, _La guerre aérienne_ (1910); Nys,
Fauchille, and Bar in _Annuaire_, XIX. (1902), pp. 58-114, XXIV. (1911),
pp. 23-126; Fauchille in _R.G._ VIII. (1901), pp. 414-485.]
[Footnote 241: See _Annuaire_, XXIV. (1911), p. 346.]
[Sidenote: Violence against non-combatant Members of Armed Forces.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account