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
and defence, and a certain mutual respect. And, in contradistinction to
the savage cruelty of former times, belligerents have in modern times
come to the conviction that the realisation of the purpose of war is in
no way hampered by indulgence shown to the wounded, the prisoners, and
the private individuals who do not take part in the fighting. Thus the
influence of the principle of humanity has been and is still enormous
upon the practice of warfare. And the methods of warfare, although by
the nature of war to a certain degree cruel and unsparing, become less
cruel and more humane every day. But it must be emphasised that the
whole evolution of the laws and usages of war could not have taken place
but for the institution of standing armies, which dates from the
fifteenth century. The humanising of the practices of war would have
been impossible without the discipline of standing armies; and the
important distinction between members of armed forces and private
individuals could not have arisen without the existence of standing
armies.
[Sidenote: The latest Development of the Laws of War.]
§ 68. The latest and the most important development of the Laws of War
was produced through general treaties concluded between the majority of
States since the beginning of the second part of the nineteenth century.
The following are the treaties concerned:--
(1) The Declaration of Paris of April 16, 1856, respecting warfare on
sea. It abolishes privateering, recognises the principles that the
neutral flag covers enemy goods and that neutral goods under an enemy
flag cannot be seized, and enacts the rule that a blockade in order to
be binding must be effective. The Declaration is signed by seven States,
but eighteen others acceded in course of time.
(2) The Geneva Convention of August 22, 1864, for the amelioration of
the condition of wounded soldiers in armies in the field, which
originally was signed by only nine States, but to which in course of
time all the civilised States--except Costa-Rica, Lichtenstein, and
Monaco!--have acceded. A treaty containing a number of additional
articles to the Convention was signed at Geneva on October 20, 1868, but
was never ratified. A new Geneva Convention was signed on July 6, 1906,
by thirty-five States, and several others have already acceded. There is
no doubt that the whole civilised world will soon be a party to this new
Geneva Convention. The principles of the Geneva Convention were adapted
to maritime warfare by Conventions (see below, No. 8) of the First and
Second Hague Peace Conferences.
(3) The Declaration of St. Petersburg of December 11, 1868, respecting
the prohibition of the use in war of projectiles under 400 grammes (14
ounces) which are either explosive or charged with inflammable
substances. It is signed by seventeen States.
(4) The Convention enacting "Regulations respecting the Laws of War on
Land," agreed upon at the First Peace Conference of 1899.
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