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 naval historian, Mr. Younge, in commenting on the burning of Paita,
in Chili, as far back as 1871, for non-compliance with a demand for a
money contribution (ultimately reduced to a requisition of provisions
for the ships), speaks of it as "worthy only of the most lawless pirate
or buccaneer, ... as a singular proof of how completely the principles
of civilised warfare were conceived to be confined to Europe."
Such exceptional acts as the burning of Paita, or the bombardment of
Valparaiso, mentioned by Mr. Herries, will, of course, occur from time
to time. My position is that they are so far stigmatised as barbarous by
public opinion that their perpetration in civilised warfare may be
regarded as improbable; in other words, that they are forbidden by
international law.
It is a further question whether the rules of international law on this
point are to be changed or disregarded in future. Do we expect, and are
we desirous, that future wars shall be conducted in accordance with
buccaneering precedent, or with what has hitherto been the general
practice of the nineteenth century? Your naval correspondents incline to
revert to buccaneering and thus to the introduction into naval coast
operations of a rigour long unknown to the operations of military forces
on land; but they do so with a difference. Lord Charles Beresford
(writing early in the controversy) asserts the permissibility of
ransoming and destroying, without any qualifying expressions; while
Admiral de Horsey would apparently only ask "rich" towns for
contributions, insisting also that a contribution must be "reasonable,"
and expressly repudiating any claim to do "wanton injury to property of
poor communities, and still less to individuals." In the light of these
concessions, I venture to claim Admiral de Horsey's concurrence in my
condemnation of most of the doings mentioned in my first letter,
although on the whole he ranges himself on the side of the advocates of
what I maintain to be a change in the existing law of war. Whether or no
the existing law needs revision is a question for politicians and for
military and naval experts. It is within my province only to express a
hope that the contradiction between existing law and new military
necessities (if, indeed, such contradiction exists) will not be solved
by a repudiation of all law as "nonsense"; and, further, that, if a
change of law is to be effected, it will be done with due deliberation
and under a sense of responsibility. It should be remembered that
operations conducted with the apparent approval of the highest naval
authorities, and letters in _The Times_ from distinguished admirals, are
in truth the stuff that public opinion, and in particular that
department of public opinion known as "international law," is made of.
Public-domain text, read in full here on John Shaqi.
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