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 the first place, it may be hardly necessary to point out the
irrelevancy of the reference, alleged to have been made in the Russian
Note, to "Article 25 of The Hague Convention." The Convention and the
_Règlement_ annexed to it are, of course, exclusively applicable to "la
guerre sur terre." Not only, however, would any mention of a naval
bombardment have been out of place in that _Règlement_, but a proposal
to bring such action within the scope of its 25th Article, which
prohibits "the attack or bombardment of towns, villages, habitations, or
buildings which are not defended," was expressly negatived by the
Conference of The Hague. It became abundantly clear, during the
discussion of this proposal, that the only chance of an agreement being
arrived at was that any allusion to maritime warfare should be carefully
avoided. It was further ultimately admitted, even by the advocates of
the proposal, that the considerations applicable to bombardments by an
army and by a naval force respectively are not identical. It was, for
instance, urged that an army has means other than those which may alone
be available to a fleet for obtaining from an open town absolutely
needful supplies. The Hague Conference, therefore, left the matter where
it found it, recording, however, among its "pious wishes" (_voeux_)
one to the effect "that the proposal to regulate the question of the
bombardment of ports, towns, and villages by a naval force should be
referred for examination to a future conference."
The topic is not a new one. You, Sir, allowed me to raise it in your
columns with reference to the naval manoeuvres of 1888, when a
controversy ensued which disclosed the existence of a considerable
amount of naval opinion in favour of practices which I ventured to think
in contravention of international law. It was also thoroughly debated in
1896 at the Venice meeting of the Institut de Droit International upon a
report drafted by myself, as chairman of a committee appointed a year
previously. This report lays down that the restrictions placed by
international law upon bombardments on land apply also to those effected
from the sea, except that such operations are lawful for a naval force
when undertaken with a view to (1) obtaining supplies of which it is in
need; (2) destroying munitions of war or warships which may be in a
port; (3) punishing, by way of reprisal, violations by the enemy of the
laws of war. Bombardments for the purpose of exacting a ransom or of
putting pressure upon the hostile Power by injury to peaceful
individuals or their property were to be unlawful. The views of the
committee were, in substance, adopted by the Institut, with the omission
only of the paragraph allowing bombardment by way of reprisals.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, April 2 (1904).
The "Hague Conference" and "Hague Convention" to which
reference was made in the last of these letters were, of
course, those of 1899.
Public-domain text, read in full here on John Shaqi.
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