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)
In those early attempts at legislation for the conduct of warfare it
seems to have been thought sufficient that the conclusions arrived at by
authorised delegates should be announced without being embodied in a
treaty. Surely, however, what purported to be international agreements
upon vastly important topics ought to have been accompanied by all the
formalities required for "conventions," and should have been so
entitled. In later times this has become the general rule for the
increasingly numerous agreements which bear upon the conduct of
hostilities. Thus we have The Hague "conventions" of 1899 and 1907, and
the Geneva "convention" of 1906, all duly equipped with provisions for
ratification. Such provisions are also inserted in certain other recent
agreements dealing with aerial bombardments, gases, and expanding
bullets, which it has nevertheless pleased their contrivers to
misdescribe as "declarations." Equally so misdescribed was the deceased
Declaration of London, with a view, apparently, to suggesting, as was
far from being the case, that it was a mere orderly statement of
universally accepted principles, creating no new obligations.
Is it not to be desired that all future attempts for the international
regulation of warfare should not only be specifically made subject to
ratification, but should also, in accordance with fact, be described as
"conventions"?
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, August 13 (1916).
THE DECLARATION OF PARIS
Sir,--If Mr. Gibson Bowles, whose courteous letter I have just been
reading, will look again at my letter of the 18th, I think he will see
that I there carefully distinguished between the Declaration of Paris,
which, as is notorious, must be accepted as a whole or not at all, and
the rules set forth in it, "except, possibly, the prohibition of
privateering," which I thought, for the reasons which I stated, might be
taken to have become a portion of International Law.
I must be excused from following Mr. Bowles into a discussion of the
bearing of those rules upon the Order in Council of March 11, 1915--a
large and delicate topic, which must be studied in elaborate dispatches
exchanged between this country and the United States.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, August 17 (1916).
* * * * *
SECTION 8
_Assassination_
THE NATAL PROCLAMATION
Sir,--It was reported a few days ago that the Natal Government had
offered a reward for Bambaata, dead or alive. I have waited for a
statement that no offer of the kind had been made, or that it had been
made by some over-zealous official, whose act had been disavowed. No
such statement has appeared. On the contrary, we read that "the price
placed upon the rebel's head has excited native cupidity." It may
therefore be desirable to point out that what is alleged to have been
done is opposed to the customs of warfare, whether against foreign
enemies or rebels.
Public-domain text, read in full here on John Shaqi.
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