International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
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International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
the defended locality be fortified or not, since an unfortified place
can be defended.[298] And it must be mentioned that nothing prevents a
belligerent who has taken possession of an undefended fortified place
from destroying the fortifications by bombardment as well as by other
means.
[Footnote 295: The assertion of some writers--see, for instance, Pillet,
pp. 104-107, and Mérignhac, p. 173--that bombardment is lawful only
after an unsuccessful attempt of the besiegers to starve the besieged
into surrender is not based upon a recognised rule of the Law of
Nations.]
[Footnote 296: The words _by any means whatever_ were inserted by the
Second Peace Conference in order to make it quite clear that the article
is likewise to refer to bombardment from air-vessels.]
[Footnote 297: See, for instance, Lueder in Holtzendorff, IV. p. 451.]
[Footnote 298: See Holls, _The Peace Conference at the Hague_ (1900), p.
152.]
[Sidenote: Assault, how carried out.]
§ 156. No special rules of International Law exist with regard to the
mode of carrying out an assault. Therefore, only the general rules
respecting offence and defence find application. It is in especial
not[299] necessary to give notice of an impending assault to the
authorities of the respective locality, or to request them to surrender
before an assault is made. That an assault may or may not be preceded or
accompanied by a bombardment, need hardly be mentioned, nor that by
article 28 of the Hague Regulations pillage of towns taken by assault is
now expressly prohibited.
[Footnote 299: This becomes indirectly apparent from article 26 of the
Hague Regulations.]
[Sidenote: Siege, how carried out.]
§ 157. With regard to the mode of carrying out siege without bombardment
no special rules of International Law exist, and here too only the
general rules respecting offence and defence find application.
Therefore, an armed force besieging a town may, for instance, cut off
the river which supplies drinking water to the besieged, but must not
poison[300] such river. And it must be specially observed that no rule
of law exists which obliges a besieging force to allow all
non-combatants, or only women, children, the aged, the sick and wounded,
or subjects of neutral Powers, to leave the besieged locality
unmolested. Although such permission[301] is sometimes granted, it is in
most cases refused, because the fact that non-combatants are besieged
together with the combatants, and that they have to endure the same
hardships, may, and very often does, exercise pressure upon the
authorities to surrender. Further, should the commander of a besieged
place expel the non-combatants in order to lessen the number of those
who consume his store of provisions, the besieging force need not allow
them to pass through its lines, but may drive them back.[302]
[Footnote 300: See above, § 110.]
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