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. § 178) relates the following case of perfidy: In 1755,
during war between Great Britain and France, a British man-of-war
appeared off Calais, made signals of distress for the purpose of
soliciting French vessels to approach to her succour, and seized a sloop
and some sailors who came to bring her help. Vattel is himself not
certain whether this case is a fact or fiction. But be that as it may,
there is no doubt that, if the case be true, it is an example of
perfidy, which is not allowed.
VII
REQUISITIONS, CONTRIBUTIONS, BOMBARDMENT
Hall, § 140*--Lawrence, § 204--Westlake, II. pp. 315-318--Moore,
VII. §§ 1166-1174--Taylor, § 499--Bonfils, Nos.
1277-1277'1--Despagnet, Nos. 618-618 _bis_--Fiore, Code, Nos.
1633-1642--Pradier-Fodéré, VIII. Nos. 3153-3154--Nys, III. pp.
430-432--Pillet, p. 117--Perels, § 35, p. 181--Holland, _Studies_,
pp. 96-111--Dupuis, Nos. 67-73, and _Guerre_, Nos. 42-47--Barclay,
_Problems_, p. 51--Higgins, pp. 352-357--Lémonon, pp.
503-525--Bernsten, § 7, III.--Boidin, pp. 201-215--Nippold, II. §
28--Scott, _Conferences_, pp. 587-598, and in _A.J._ II. (1908),
pp. 285-294.
[Sidenote: Requisitions and Contributions upon Coast Towns.]
§ 212. No case has to my knowledge occurred in Europe[422] of
requisitions or contributions imposed by naval forces upon enemy coast
towns. The question whether or not such requisitions and contributions
would be lawful became of interest through an article on naval warfare
of the future, published in 1882 by the French Admiral Aube in the
_Revue des Deux Mondes_ (vol. 50, p. 331). Aube pointed out that one of
the tasks of the fleet in sea warfare of the future would be to attack
and destroy by bombardment fortified and unfortified military and
commercial enemy coast towns, or at least to compel them mercilessly to
requisitions and contributions. As during the British naval manoeuvres
of 1888 and 1889 imaginary contributions were imposed upon several coast
towns, Hall (§ 140*) took into consideration the question under what
conditions requisitions and contributions would be lawful in sea
warfare. He concluded, after careful consideration and starting from the
principles regarding requisitions and contributions in land warfare,
that such requisitions and contributions may be levied, provided a force
is landed which actually takes possession of the respective coast town
and establishes itself there, although only temporarily, until the
imposed requisitions and contributions have been complied with; that,
however, no requisitions or contributions could be demanded by a single
message sent on shore under threatened penalty of bombardment in case of
refusal. There is no doubt that Hall's arguments are, logically,
correct; but it was not at all certain that the naval Powers would adopt
them, since neither the Institute of International Law nor the U.S.
Naval War Code had done so.[423] The Second Hague Peace Conference has
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