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)
For the action taken by the Institut de Droit International in
1895 and 1896, on the initiative of the present writer, see the
_Annuaire de l'Institut_, t. xiv p. 295, t. xv. pp. 145-151,
309, 317; and his _Studies in International Law_, pp. 106-111.
See also, at p. 104 of the same work, an opinion given by him
to the Chevalier Tindal as to the liability of The Hague to be
bombarded.
The later growth of opinion has been in accordance with the
views maintained by the writer of these letters, and with the
_Rapport_ drafted by him for the Institut. The Hague Conference
of 1899, though unable to discuss the subject, had registered a
_væu_ "that the proposal to regulate the question of the
bombardment of ports, towns and villages by a naval force may
be referred for examination to a future Conference." See _Parl.
Paper, Miscell._ No. 1 (1889), pp. 139, 146, 162, 165, 258,
283. At the Conference of 1907 a Convention, No. ix., was
accordingly signed and generally ratified, notably by Germany
and Great Britain, Art. 1 of which prohibits "the bombardment
by naval forces of ports towns, villages, houses, or buildings
which are not defended," Germany, France, Great Britain and
Japan dissenting from the second paragraph of this article,
which explains that a place is not to be considered to be
defended merely because it is protected by submarine
contact-mines. Bombardment is, however, permitted, by Art. 2,
of places which are, in fact, military or naval bases, and, by
Arts. 3 and 4, of places which refuse to comply with reasonable
requisitions for food needed by the fleet, though not for
refusal of money contributions. The _Acte Final_ of the
Conference further registers a _væu_ that "the Powers should,
in all cases, apply, as far as possible, to war at sea the
principles of the Convention concerning the laws and customs of
war on land." (_Parl. Paper, Miscell._ No. 1 (1908), p. 30.)
This Convention, No. iv. of 1907, in Art. 25 of the _Règlement_
annexed to it, lays down that "the attack or bombardment, by
whatsoever means, of towns, villages, habitations, or buildings
which are not defended is prohibited."
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