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
The history of this Convention may be traced back to the _Instructions
for the Government of Armies of the United States in the Field_ which
the United States published on April 14, 1863, during the War of
Secession. These instructions, which were drafted by Professor Francis
Lieber, of the Columbia College of New York, represent the first
endeavour to codify the Laws of War, and they are even nowadays of great
value and importance. In 1874 an International Conference, invited by
the Emperor Alexander II. of Russia, met at Brussels for the purpose of
discussing a draft code of the Laws of War on Land as prepared by
Russia. The body of the articles agreed upon at this Conference, and
known as the "Brussels Declarations," have, however, never become law,
as ratification was never given by the Powers. But the Brussels
Declarations were made the basis of deliberations on the part of the
Institute of International Law, which at its meeting at Oxford in 1880
adopted a Manual[81] of the Laws of War consisting of a body of 86 rules
under the title _Les Lois de la Guerre sur Terre_, and a copy of this
draft code was sent to all the Governments of Europe and America. It
was, however, not until the Hague Peace Conference of 1899 that the
Powers reassembled to discuss again the codification of the Laws of War.
At this Conference the Brussels Declarations were taken as the basis of
the deliberations; but although the bulk of its articles was taken over,
several important modifications were introduced in the Convention, which
was finally agreed upon and ratified, only a few Powers abstaining from
ratification.
[Footnote 81: See _Annuaire_, V. pp. 157-174.]
The Second Peace Conference of 1907 has revised this Convention, and its
place is now taken by Convention IV. of the Second Peace Conference. The
Convention,[82] as the preamble expressly states, does not aim at
giving a complete code of the Laws of War on Land, and cases beyond its
scope still remain the subject of customary rules and usages. Further,
it does not create universal International Law, as article 2 of the
Convention expressly stipulates that the Regulations shall be binding
upon the contracting Powers only in case of war between two or more of
them, and shall cease to be binding in case a non-contracting Power
takes part in the war. But, in spite of this express stipulation, there
can be no doubt that in time the Regulations will become universal
International Law. For all the Powers represented at the Second Peace
Conference signed the Convention, except China, Spain, and Nicaragua,
although some States made certain reservations. Nicaragua has since
acceded, and it is certain that the outstanding States will in time also
accede.
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