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)
THE DEBATE ON AERONAUTICS
Sir,--It is not to be wondered at that the Chairman of Committees
declined to allow yesterday's debate on aviation to diverge into an
enquiry whether the Powers could be induced to prohibit, or limit, the
dropping of high explosives from aerial machines in war time. The
question is, however, one of great interest, and it may be desirable,
with a view to future discussions, to state precisely, since little
seems to be generally known upon the subject, what has already been
attempted in this direction.
In the _Règlement_ annexed to The Hague Convention of 1899, as to the
"Laws and Customs of War on Land," Art. 23, which specifically prohibits
certain "means of injuring the enemy," makes no mention of aerial
methods; but Art. 25, which prohibits "the bombardment of towns,
villages, habitations, or buildings, which are not defended," was
strengthened, when the _Règlement_ was reissued in 1907 as an annexe to
the, as yet not generally ratified, Hague Convention No. iv. of that
year, by the insertion, after the word "bombardment," of the words "by
any means whatever," with the expressed intention of including in the
prohibition the throwing of projectiles from balloons.
The Hague Convention No. ix. of 1907, also not yet generally ratified,
purports to close a long controversy, in accordance with the view which
you allowed me to advocate, with reference to the naval manoeuvres of
1888, by prohibiting the "naval bombardment of ports, towns, villages,
habitations, or buildings, which are not defended." The words "by any
means whatever" have not been here inserted, one would incline to think
by inadvertence, having regard to what passed in Committee, and to the
recital of the Convention, which sets out the propriety of extending to
naval bombardments the principles of the _Règlement_ (cited, perhaps
again by inadvertence, as that of 1899) as to the Laws and Customs of
War on Land.
But the topic was first squarely dealt with by the first of the three
Hague Declarations of 1899, by which the Powers agreed to prohibit, for
five years, "the throwing of projectiles and explosives from balloons,
or by other analogous new methods." The Declaration was signed and
ratified by almost all the Powers concerned; not, however, by Great
Britain.
Public-domain text, read in full here on John Shaqi.
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