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
Article 4. In virtue of the general principles above, the
bombardment by a naval force of an open town, that is to say one
which is not defended by fortifications or by other means of
attack or of resistance for immediate defence, or by detached
forts situated in proximity, for example of the maximum distance
of from four to ten kilometres, is inadmissible except in the
following cases:--
(1) For the purpose of obtaining by requisitions or contributions
what is necessary for the fleet. These requisitions or
contributions must in every case remain within the limits
prescribed by articles 56 and 58 of the Manual of the Institute.
(2) For the purpose of destroying sheds, military erections,
depôts of war munitions, or of war vessels in a port. Further, an
open town which defends itself against the entrance of troops or
of disembarked marines can be bombarded for the purpose of
protecting the disembarkation of the soldiers and of the marines,
if the open town attempts to prevent it, and as an auxiliary
measure of war to facilitate the result made by the troops and the
disembarked marines, if the town defends itself. Bombardments of
which the object is only to exact a ransom are specially
forbidden, and, with the stronger reason, those which are intended
only to bring about the submission of the country by the
destruction, for which there is no other motive, of the peaceful
inhabitants or of their property.
Article 5. An open town cannot be exposed to a bombardment for the
only reasons:--
(_a_) That it is the capital of the State or the seat of the
Government (but naturally these circumstances do not guarantee it
in any way against a bombardment).
(_b_) That it is actually occupied by troops, or that it is
ordinarily the garrison of troops of different arms intended to
join the army in time of war.
The First Peace Conference did not settle the matter, but expressed the
desire "that the proposal to settle the question of bombardment of
ports, towns, and villages by a naval force may be referred to a
subsequent Conference for consideration." The Second Peace Conference,
however, by Convention IX.--see above, § 212, p. 265--has provided
detailed rules concerning all the points in question, and the following
is now the law concerning bombardment by naval forces:--
(1) The bombardment of undefended ports, towns, villages, dwellings, or
other buildings is under all circumstances and conditions prohibited
(article 1). To define the term "undefended," article 1 expressly enacts
that "a place cannot be bombarded solely because automatic submarine
contact mines are anchored off the harbour," but Great Britain, France,
Germany, and Japan entered a reservation against this, since they
correctly consider such a place to be "defended."
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