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
§ 149. In former times invading armies frequently used to fire and
destroy all enemy property they could not make use of or carry away.
Afterwards, when the practice of warfare grew milder, belligerents in
strict law retained the right to destroy enemy property according to
discretion, although they did not, as a rule, any longer make use of
such right. Nowadays, however, this right is obsolete. For in the
nineteenth century it became a universally recognised rule of
International Law that all useless and wanton destruction of enemy
property, be it public or private, is absolutely prohibited. And this
rule has now been expressly enacted by article 23 (_g_) of the Hague
Regulations, where it is categorically enacted that "to destroy ...
enemy's property, unless such destruction ... be imperatively demanded
by the necessities of war, is prohibited."
[Sidenote: Destruction for the purpose of Offence and Defence.]
§ 150. All destruction of and damage to enemy property for the purpose
of offence and defence is _necessary_ destruction and damage, and
therefore lawful. It is not only permissible to destroy and damage all
kinds of enemy property on the battlefield during battle, but also in
preparation for battle or siege. To strengthen a defensive position a
house may be destroyed or damaged. To cover the retreat of an army a
village on the battlefield may be fired. The district around an enemy
fortress held by a belligerent may be razed, and, therefore, all private
and public buildings, all vegetation may be destroyed, and all bridges
blown up within a certain area. If a farm, a village, or even a town is
not to be abandoned but prepared for defence, it may be necessary to
damage in many ways or entirely destroy private and public property.
Further, if and where a bombardment is lawful, all destruction of
property involved in it becomes likewise lawful. When a belligerent
force obtains possession of an enemy factory for ammunition or
provisions for the enemy troops, if it is not certain that they can hold
it against an attack, they may at least destroy the plant, if not the
buildings. Or if a force occupies an enemy fortress, they may raze the
fortifications. Even a force intrenching themselves on a battlefield may
be obliged to resort to the destruction of many kinds of property.
[Sidenote: Destruction in marching, reconnoitring, and conducting
Transport.]
§ 151. Destruction of enemy property in marching troops, conducting
military transport, and in reconnoitring, is likewise lawful if
unavoidable. A reconnoitring party need not keep on the road if they can
better serve their purpose by riding across the tilled fields. And
troops may be marched and transport may be conducted over crops when
necessary. A humane commander will not unnecessarily allow his troops
and transport to march and ride over tilled fields and crops. But if the
purpose of war necessitates it he is justified in so doing.
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