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)
Thereupon, Mr. Lawrence Pike, on November 23, addressed to _The
Times_ the letter which called forth the letter which follows.
WOUNDED HORSES IN WAR
Sir,--Everyone must sympathise with the anxiety felt by Mr. L.W. Pike to
diminish the sufferings of horses upon the field of battle. How far any
systematic alleviation of such sufferings may be compatible with the
exigencies of warfare must be left to the decision of military experts.
In the meantime it may be as well to assure Mr. Pike that the Geneva
Convention of 1864 has nothing to do with the question, relating, as it
does, exclusively to the relief of human suffering. This is equally the
case with the second Geneva Convention, which Mr. Pike is right in
supposing never to have been ratified. He is also right in supposing
that "the terms of the convention are capable of amendment from time to
time," but wrong in supposing that they can be amended "by the setting
up of precedents." The convention can be amended only by a new
convention.
It is not the case that Art. 7 of the convention, which merely confides
to commanders-in-chief, under the instructions of their respective
Governments, "les détails d'exécution de la présente convention," gives
them any authority to extend its scope beyond what is expressly stated
to be its object--viz. "l'amélioration du sort des militaires blessés
dans les armées en campagne." While, however, the Geneva Convention,
does not contemplate the relief of animal suffering, it certainly cannot
be "set up as a bar" to the provision of such relief. Commanders who may
see their way to neutralising persons engaged in the succour or
slaughter of wounded horses would be quite within their powers in
entering into temporary agreements for that purpose.
I may add that the "Convention concerning the laws and customs of war on
land," prepared by the recent conference at The Hague, and signed on
behalf of most Governments, including our own, though not yet ratified,
contains a chapter "Des malades et des blessés," which merely states
that the obligations of belligerents on this point are governed by the
Convention of Geneva of 1864, with such modifications as may be made in
it. Among the aspirations (_voeux_) recorded in the "Acte final" of
the conference, is one to the effect that steps may be taken for the
assembling of a special conference, having for its object the revision
of the Geneva Convention. Should such a conference be assembled Mr. Pike
will have an opportunity of addressing it upon the painfully interesting
subject which he has brought forward in your columns.
Your obedient servant,
T. E. HOLLAND.
Oxford, November 27 (1899).
The "second Geneva Convention," above mentioned, was the
"Projet d'Articles additionnels," signed on October 20, 1868,
but never ratified.
Public-domain text, read in full here on John Shaqi.
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