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 Institut then proceeded to deal with _bases_ relating to a time of
war, but was unable to make much progress with them in the time
available. The debate upon the "Régime juridique des aérostats" was not
resumed at Christiania in 1911, nor is it likely to be at Oxford "in the
autumn of the present year," as Mr. Cohen has been led to suppose. Other
arrangements were found to be necessary, at a meeting which took place a
week ago between myself and the other members of our _bureau_.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, May 30 (1913).
ATTACK FROM THE AIR
THE ENFORCEMENT OF INTERNATIONAL LAW
Sir,--In his interesting and important address at the Royal United
Service Institution, Colonel Jackson inquired: "Can any student of
international law tell us definitely that such a thing as aerial attack
on London is outside the rules; and, further, that there exists an
authority by which the rules can be enforced?" As one of the students to
whom the Colonel appeals I should be glad to be allowed to reply to the
first of his questions.
The "Geneva Convention" mentioned in the address has, of course, no
bearing upon aerial dangers. The answer to the question is contained in
the, now generally ratified, Hague Convention No. iv. of 1907. Art. 25
of the regulations annexed to this Convention runs as follows:
"It is forbidden to attack or to bombard _by any means
whatever (par quelque moyen que ce soit)_ towns, villages,
habitations, or buildings which are not defended."
It clearly appears from the "Actes de la Conférence," e.g. _T._ i.,
pp. 106, 109, that the words which I have italicised were inserted in
the article, deliberately and after considerable discussion, in order to
render illegal any attack from the air upon undefended localities; among
which I conceive that London would unquestionably be included.
I cannot venture to ask the hospitality of your columns for an adequate
discussion of the gallant officer's second question, as to the binding
force attributable to international law. Upon this I may, however,
perhaps venture to refer him to some brief remarks, addressed to you a
good many years ago, and now to be found at pp. 101 and 105 of the new
edition of my "Letters to _The Times_ upon War and Neutrality
(1881-1918)."
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, April 24 (1914).
ATTACK FROM THE AIR
THE RULES OF INTERNATIONAL LAW
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