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)
"ARTICLE 12.--Any prisoner of war who is liberated on parole
and recaptured bearing arms against the Government to which
he had pledged his honour, or against the allies of that
Government, forfeits his right to be treated as a prisoner of
war, and can be put on his trial."
II. The United States Instructions:--
"ARTICLE 77.--A prisoner of war may be shot or otherwise
killed in his flight; but neither death nor any other
punishment shall be inflicted on him simply for his
attempt.... If, however, a conspiracy is discovered, the
purpose of which is a united or general escape, the
conspirators may be rigorously punished even with death, &c."
"ARTICLE 78.--If prisoners of war, having given no pledge nor
made any promise on their honour, forcibly or otherwise,
escape, and are captured again in battle, having rejoined
their own army, they shall not be punished for their escape."
"ARTICLE 124.--Breaking the parole is punished with death when
the person breaking the parole is captured again."
_Cf._ the French _Code de Justice Militaire_, Art. 204, and other
Continental codes to the same effect.
III. The _Manuel des Lois de la guerre sur terre_ of the Institute of
International Law lays down:--
"ARTICLE 68.--Si le fugitif ressaisi[B] ou capturé de nouveau
avait donne sa parole de ne pas s'évader, il peut être privé
des droits de prisonnier de guerre."
"ARTICLE 78.--Tout prisonnier libéré sur parole et repris
portant les armes contre le gouvernement auquel il l'avait
donnée, peut être privé des droits de prisonnier de guerre, à
moins que, postérieurement à sa liberation, il n'ait été
compris dans un cartel d'échange sans conditions."
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, June 17 (1901).
THE PETITION OF RIGHT
Sir,--This is, I think, not a convenient time, nor perhaps are your
columns the place, for an exhaustive discussion of the interpretation
and application of the Petition of Right. It may, however, be just worth
while to make the following remarks, for the comfort of any who may have
been disquieted by the letter addressed to you by my friend Mr. Jenks:--
1. Although, as is common knowledge, the words "in time of peace," so
familiar in the Mutiny Acts from the reign of Queen Anne onwards, do not
occur in the Petition, they do occur, over and over again, in the
arguments used in the House of Commons by "the framers of the Petition
of Right," to employ the phraseology of the judgment recently delivered
in the Privy Council by the Lord Chancellor.
2. The prohibition contained in the Petition, so far from being
"absolute and unqualified," is perfectly specific. It refers expressly
to "Commissions of like nature" with certain Commissions lately
issued:--
Public-domain text, read in full here on John Shaqi.
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