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
now settled the matter through the Convention (IX.) concerning
bombardment by naval forces in time of war which amongst its thirteen
articles includes two--3 and 4--dealing with requisitions and
contributions. This Convention has been signed, although with some
reservations, by all the Powers represented at the Conference except
Spain, China, and Nicaragua, but China and Nicaragua acceded later. Many
States have already ratified.
[Footnote 422: Holland, _Studies_, p. 101, mentions a case which
occurred in South America in 1871.]
[Footnote 423: The Institute of International Law has touched upon the
question of requisitions and contributions in sea warfare in article 4,
No. 1, of its rules regarding the bombardment of open towns by naval
forces; see below, § 213, p. 267. U.S. Naval War Code, article 4, allows
"reasonable" requisitions, but no contributions since "ransom" is not
allowed.]
According to article 3 undefended ports, towns, villages, dwellings, or
other buildings may be bombarded by a naval force, if the local
authorities, on a formal summons being made to them, decline to comply
with requisitions for provisions or supplies _necessary_ for the
_immediate_ use of the naval force concerned. These requisitions must be
proportional to the resources of the place; they can only be demanded by
the commander of the naval force concerned; they must be paid for in
cash, and, if this is not possible for want of sufficient ready money,
their receipt must be acknowledged.
As regards contributions, Convention IX. does not directly forbid the
demand for them, but article 4 expressly forbids bombardment of
undefended places by a naval force on account of non-payment of money
contributions; in practice, therefore, the demand for contributions will
not occur in naval warfare.
[Sidenote: Bombardment of the Enemy Coast.]
§ 213. There is no doubt whatever that enemy coast towns which are
defended may be bombarded by naval forces, acting either independently
or in co-operation with a besieging army. But before the Second Peace
Conference of 1907 the question was not settled as to whether or not
_open and undefended_ coast places might be bombarded by naval forces.
The Institute of International Law in 1895, at its meeting at Cambridge,
appointed a committee to investigate the matter. The report[424] of this
committee, drafted by Professor Holland with the approval of the Dutch
General Den Beer Portugael, and presented in 1896 at the meeting at
Venice,[425] is of such interest that it is advisable to reproduce here
a translation of the following chief parts:--
Public-domain text, read in full here on John Shaqi.
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