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
[Footnote 301: Thus in 1870, during the Franco-German War, the German
besiegers of Strassburg as well as of Belfort allowed the women, the
children, and the sick to leave the besieged fortresses.]
[Footnote 302: See _Land Warfare_, § 129.]
That diplomatic envoys of neutral Powers may not be prevented from
leaving a besieged town is a consequence of their exterritoriality.
However, if they voluntarily remain, may they claim uncontrolled[303]
communication with their home State by correspondence and couriers? When
Mr. Washburne, the American diplomatic envoy at Paris during the siege
of that city in 1870 by the Germans, claimed the right of sending a
messenger with despatches to London in a sealed bag through the German
lines, Bismarck declared that he was ready to allow foreign diplomatists
in Paris to send a courier to their home States once a week, but only
under the condition that their despatches were open and did not contain
any remarks concerning the war. Although the United States and other
Powers protested, Bismarck did not alter his decision. The whole
question must be treated as open.[304]
[Footnote 303: The matter is discussed by Rolin-Jaequemyns in _R.I._
III. (1871), pp. 371-377.]
[Footnote 304: See above, vol. I. § 399, and Wharton, I. § 97.]
[Sidenote: Bombardment, how carried out.]
§ 158. Regarding bombardment, article 26 of the Hague Regulations enacts
that the commander of the attacking forces shall do all he can to notify
his intention to resort to bombardment. But it must be emphasised that a
strict duty of notification for all cases of bombardment is not thereby
imposed, since it is only enacted that a commander _shall do all he can_
to send notification. He cannot do it when the circumstances of the case
prevent him, or when the necessities of war demand an immediate
bombardment. Be that as it may, the purpose of notification is to enable
private individuals within the locality to be bombarded to seek shelter
for their persons and for their valuable personal property.
Article 27 of the Hague Regulations enacts the hitherto customary rule
that all necessary steps must be taken to spare as far as possible all
buildings devoted to religion, art, science, and charity; further,
historic monuments, hospitals, and all other places where the sick and
wounded are collected, provided these buildings, places, and monuments
are not used at the same time for military purposes. To enable the
attacking forces to spare these buildings and places, the latter must be
indicated by some particular signs, which must be previously notified to
the attacking forces and must be visible from the far distance from
which the besieging artillery carries out the bombardment.[305]
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