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
Vattel, III. §§ 168-170--Hall, § 186--Lawrence, § 204--Westlake,
II. pp. 76-79--Moore, VII. § 1112--Halleck, II. pp. 59, 67,
185--Taylor, §§ 483-485--Bluntschli, §§ 552-554B--Heffter, §
125--Lueder in Holtzendorff, IV. pp. 448-457--G. F. Martens, II. §
286--Ullmann, § 181--Bonfils, Nos. 1079-1087--Despagnet, Nos.
528-535--Pradier-Fodéré, VI. Nos. 2779-2786--Rivier, II. pp.
284-288--Nys, III. pp. 210-219--Calvo, IV. §§ 2067-2095--Fiore,
III. Nos. 1322-1330, and Code, Nos. 1519-1524--Longuet, §§
58-59--Mérignhac, pp. 171-182--Pillet, pp. 101-112--Zorn, pp.
161-174--Holland, _War_, Nos. 80-83--Rolin-Jaequemyns in _R.I._
II. (1870), pp. 659 and 674, III. (1871), pp. 297-307--Bordwell,
pp. 286-288--Meurer, §§ 32-34--Spaight, pp.
157-201--_Kriegsbrauch_, pp. 18-22--_Land Warfare_, §§ 117-138.
[Sidenote: Assault, Siege, and Bombardment, when lawful.]
§ 155. Assault is the rush of an armed force upon enemy forces in the
battlefield, or upon intrenchments, fortifications, habitations,
villages, or towns, such rushing force committing every violence against
opposing persons and destroying all impediments. Siege is the
surrounding and investing of an enemy locality by an armed force,
cutting off those inside from all communication for the purpose of
starving them into surrender or for the purpose of attacking the
invested locality and taking it by assault. Bombardment is the throwing
by artillery of shot and shell upon persons and things. Siege can be
accompanied by bombardment and assault, but this is not necessary, since
a siege can be carried out by mere investment and starvation caused
thereby. Assault, siege, and bombardment are severally and jointly
perfectly legitimate means of warfare.[295] Neither bombardment nor
assault, if they take place on the battlefield, needs special
discussion, as they are allowed under the same circumstances and
conditions as force in general is allowed. The only question here is
under what circumstances assault and bombardment are allowed outside the
battlefield. The answer is indirectly given by article 25 of the Hague
Regulations, where it is categorically enacted that "the attack or
bombardment, by any means[296] whatever, of towns, villages,
habitations, or buildings, which are not defended, is prohibited." Siege
is not specially mentioned, because no belligerent would dream of
besieging an undefended locality, and because siege of an undefended
town would involve unjustifiable violence against enemy persons and
would, therefore, be unlawful. Be this as it may, the fact that defended
localities only may now be bombarded, involves a decided advance in the
view taken by International Law. For it was formerly asserted by many
writers[297] and military experts that, for certain reasons and
purposes, undefended localities also might in exceptional cases be
bombarded. But it must be specially observed that it matters not whether
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