Letters to "The Times" upon War and Neutrality (1881-1920) — John Shaqi
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)
"Never will an article learnt by rote persuade soldiers to see
a regular enemy (sections 2-4) in the unorganised population
which takes up arms 'spontaneously' (so of its own motion) and
puts them in danger of their life at every moment of day and
night. Certain requirements of the manual might be impossible
of realisation; for instance, the identification of the slain
after a great battle. Other requirements would be open to
criticism did not the intercalation of such words as 'if
circumstances permit,' 'if possible,' 'if it can be done,' 'if
necessary,' give them an elasticity but for which the bonds
they impose must be broken by inexorable reality.
"I am of opinion that in war, where everything must be
individual, the only articles which will prove efficacious are
those which are addressed specifically to commanders. Such are
the rules of the manual relating to the wounded, the sick, the
surgeons, and medical appliances. The general recognition of
these principles, and of those also which relate to prisoners,
would mark a distinct step of progress towards the goal
pursued with so honourable a persistency by the Institut de
Droit International.
"COUNT VON MOLTKE, Field-Marshal-General."
PROFESSOR BLUNTSCHLI'S REPLY TO COUNT VON MOLTKE
Sir,--In accordance with a wish expressed in several quarters, I send
you, on the chance of your being able to make room for it, a translation
of Professor Bluntschli's reply to the letter from Count von Moltke
which appeared in _The Times_ of the 1st inst.
Your obedient servant,
T. E. HOLLAND.
Oxford, February (1881).
"Christmas, 1880.
"I am very grateful for your Excellency's detailed and kind
statement of opinion as to the manual of the laws of war. This
statement invites serious reflections. I see in it a testimony
of the highest value, of historical importance; and I shall
communicate it forthwith to the members of the Institut de
Droit International.
"For the present I do not think I can better prove my
gratitude to your Excellency than by sketching the reasons
which have guided our members, and so indicating the nature of
the different views which prevail upon the subject.
"It is needless to say that the same facts present themselves
in a different light and give a different impression as they
are looked at from the military or the legal point of view.
The difference is diminished, but not removed, when an
illustrious general from his elevated position takes also into
consideration the great moral and political duties of States,
and when, on the other hand, the representatives of science of
international law set themselves to bring legal principles
into relation with military necessities.
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