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
§ 154. The question must also be taken into consideration whether and
under what conditions general devastation of a locality, be it a town or
a larger part of enemy territory, is permitted. There cannot be the
slightest doubt that such devastation is as a rule absolutely prohibited
and only in exceptional cases permitted when, to use the words of
article 23 (_g_) of the Hague Regulations, it is "imperatively demanded
by the necessities of war." It is, however, impossible to define once
for all the circumstances which make a general devastation necessary,
since everything depends upon the merits of the special case. But the
fact that a general devastation can be lawful must be admitted. And it
is, for instance, lawful in case of a levy _en masse_ on already
occupied territory, when self-preservation obliges a belligerent to
resort to the most severe measures. It is also lawful when, after the
defeat of his main forces and occupation of his territory, an enemy
disperses his remaining forces into small bands which carry on guerilla
tactics and receive food and information, so that there is no hope of
ending the war except by a general devastation which cuts off supplies
of every kind from the guerilla bands. But it must be specially observed
that general devastation is only justified by imperative necessity and
by the fact that there is no better and less severe way open to a
belligerent.[293]
[Footnote 293: See Hall, § 186, who gives _in nuce_ a good survey of the
doctrine and practice of general devastation from Grotius down to the
beginning of the nineteenth century. See also Spaight, pp. 125-139.]
Be that as it may, whenever a belligerent resorts to general devastation
he ought, if possible, to make some provision for the unfortunate
peaceful population of the devastated tract of territory. It would be
more humane to take them away into captivity rather than let them perish
on the spot. The practice, resorted to during the South African war, to
house the victims of devastation in concentration camps, must be
approved. The purpose of war may even oblige a belligerent to confine a
population forcibly[294] in concentration camps.
[Footnote 294: See above, p. 153, note 1. As regards the devastation
resorted to during the South African War, and as regards the
concentration camps instituted in consequence of devastation during this
war, see Beak, _The Aftermath of War_ (1906), pp. 1-30, and _The Times'
History of the War in South Africa_, vol. V. pp. 250-252.]
IX
ASSAULT, SIEGE, AND BOMBARDMENT
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