Letters to "The Times" upon War and Neutrality (1881-1920)Holland, Thomas Erskine
History
Letters to "The Times" upon War and Neutrality (1881-1920)
Holland, Thomas Erskine
Neutrality; War (International law)
Concurrently with the efforts which have thus been made to
ascertain the laws of war by general diplomatic agreement, the
way for such agreement has been prepared by the labours of the
Institut de Droit International, and by the issue by several
governments of instructions addressed to their respective
armies and navies.
The _Manuel des Lois de la Guerre sur Terre_, published by the
Institut in 1880, is the subject of the two letters which
immediately follow. Their insertion here, although the part in
them of the present writer is but small, may be justified by
the fact that they set out a correspondence which is at once
interesting (especially from its bearing upon the war of 1914)
and not readily elsewhere accessible.
The remaining letters in this chapter relate to the _Naval War
Code_, issued by the Government of the United States in 1900,
but withdrawn in 1904, though still expressing the views of
that Government, for reasons specified in a note to the British
_chargé d'affaires_ at Washington and printed in _Parl. Papers,
Miscell._ No. 5 (1909), p. 8. The United States, it will be
remembered, were also the first Power to attempt a codification
of the laws of war on land, in their _Instructions for the
Government of Armies of the United States_, issued in 1863, and
reissued in 1898. Some information as to this and similar
bodies of national instructions may be found in the present
writer's _Studies in International Law_, 1898, p. 85. _Cf._ his
_Manual of Naval Prize Law_, issued by authority of the
Admiralty in 1888, his _Handbook of the Laws and Customs of War
on Land_, issued by authority to the British Army in 1904, and
his _The Laws of War on Land (written and unwritten)_, 1908.
The Institut de Droit International, which has been engaged for
some years upon the Law of War at Sea, by devoting the whole of
its session at Oxford, in 1913, to the discussion of the
subject, produced a _Manuel des Lois de la Guerre sur Mer_,
framed in accordance with the now-accepted view which sanctions
the capture of enemy private property at sea. It is to be
followed by a manual framed in accordance with the contrary
view. _Cf._ the letters upon the _Declaration of London_, in
Ch. VII. Section 10, _infra_.
COUNT VON MOLTKE ON THE LAWS OF WARFARE
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