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
When the Prince de Joinville recommended in 1844, in case of war,
the devastation of the great commercial towns of England, the Duke
of Wellington wrote:--"What but the inordinate desire of
popularity could have induced a man in his station to write and
publish such a production, an invitation and provocation to war,
to be carried on in a manner such as has been disclaimed by the
civilised portions of mankind?" (Raikes, _Correspondence_, p.
367). The opinion of the Prince de Joinville has been taken up by
Admiral Aube in an article which appeared in the _Revue des Deux
Mondes_ in 1882. After having remarked that the ultimate object of
war is to inflict the greatest possible damage to the enemy and
that "La richesse est le nerf de la guerre," he goes on as
follows:--"Tout ce qui frappe l'ennemi dans sa richesse devient
non seulement légitime, mais s'impose comme obligatoire. Il faut
donc s'attendre à voir les flottes cuirassées, maîtresses de la
mer, tourner leur puissance d'attaque et déstruction, à défaut
d'adversaires se dérobant à leurs coups, contre toutes les villes
du littoral, fortifiées ou non, pacifiques ou guerrières, les
incendier, les ruiner, et tout au moins les rançonner sans merci.
Cela s'est fait autrefois; cela ne se fait plus; cela se fera
encore: Strasbourg et Péronne en sont garants...."
The discussion was opened again in 1888, on the occasion of
manoeuvres executed by the British Fleet, the enemy part of which
feigned to hold to ransom, under the threat of bombardment, great
commercial towns, such as Liverpool, and to cause unnecessary
devastation to pleasure towns and bathing-places, such as
Folkestone, through throwing bombs. One of your reporters observed
in a series of letters addressed to the _Times_ that such acts are
contrary to the rules of International Law as well as to the
practice of the present century. He maintained that bombardment of
an open town ought to be allowed only for the purpose of obtaining
requisitions in kind necessary for the enemy fleet and
contributions instead of requisitions, further by the way of
reprisal, and in case the town defends itself against occupation
by enemy troops approaching on land.... Most of the admirals and
naval officers of England who took part in the lively
correspondence which arose in the _Times_ and other journals
during the months of August and September 1880 took up a contrary
attitude....
[Footnote 424: See _Annuaire_, XV. (1896), pp. 148-150.]
[Footnote 425: See _Annuaire_, XV. (1896), p. 313.]
On the basis of this report the Institute, at the same meeting, adopted
a body of rules regarding the bombardment of open towns by naval forces,
declaring that the rules of the law of war concerning bombardment are
the same in the case of land warfare and sea warfare. Of special
interest are articles 4 and 5 of these rules, which run as follows:--
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account