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)
Sir,--In reply to Colonel Jackson's inquiry as to any rule of
international law bearing upon aerial attack upon London, I referred him
to the, now generally accepted, prohibition of the "bombardment, _by any
means whatever_, of towns, &c., which are not defended." This rule has
been growing into its present form ever since the Brussels Conference of
1874. The words italicised were added to it in 1907, to show that it
applies to the action of _aéronefs_ as well as to that of land
batteries. It clearly prohibits any wanton bombardment, undertaken with
no distinctly military object in view, and the prohibition is much more
sweeping, for reasons not far to seek, than that imposed by Convention
No. ix. of 1907 upon the treatment of coast towns by hostile fleets.
So far good; but further questions arise, as to which no diplomatically
authoritative answers are as yet available; and I, for one, am not wise
above that which is written. One asks, for instance, what places are
_prima facie_ "undefended." Can a "great centre of population" claim
this character, although it contains barracks, stores, and bodies of
troops? For the affirmative I can vouch only the authority of the
Institut de Droit International, which in 1896, in the course of the
discussion of a draft prepared by General Den Beer Pourtugael and
myself, adopted a statement to that effect. A different view seems to be
taken in the German _Kriegsbrauch_, p. 22. One also asks: Under what
circumstances does a place, _prima facie_, "undefended," cease to
possess that character? Doubtless so soon as access to it is forcibly
denied to the land forces of the enemy; hardly, to borrow an
illustration from Colonel Jackson's letter of Thursday last, should the
place merely decline to submit to the dictation of two men in an
aeroplane.
I read with great pleasure the colonel's warning, addressed to the
United Service Institution, and am as little desirous as he is that
London should rely for protection upon The Hague article, ambiguous as I
have confessed it to be; trusting, indeed, that our capital may be
enabled so to act at once in case of danger as wholly to forfeit such
claim as it may in ordinary times possess to be considered an
"undefended" town. Let the principle involved in Art. 25 be carried into
much further detail, should that be found feasible, but, in the
meantime, let us not for a moment relax our preparation of vertical
firing guns and defensive aeroplanes.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, May 2 (1914).
The war of 1914 has definitely established the employment of
aircraft for hostile purposes, and, as evidenced by the
reception given by belligerents to neutral protests, the
sovereignty of a state over its superincumbent air-spaces.
On the bombardment of undefended places, _cf. supra_, pp. 30,
62, 67, 68; _infra_, pp. 97, 109, 112-123.
Public-domain text, read in full here on John Shaqi.
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