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 British Government had, in 1907, so far departed from the
Admiralty views of 1888 as to instruct their delegates to the
Conference of that year to the effect that "the Government
consider that the objection, on humanitarian grounds, to the
bombardment of unfortified towns is too strong to justify a
resort to that measure, even though it may be permissible under
the abstract doctrines of international law [?]. They wish it,
however, to be clearly understood that any general prohibition
of such practice must not be held to apply to such operations
as the bombardment of towns or places used as bases or
storehouses of naval or military equipment or supply, or ports
containing fighting ships, and that the landing of troops, or
anything partaking of the character of a military or naval
operation, is also not covered."
It is hardly necessary to chronicle the indignation aroused by
the raids upon undefended coast towns carried out by German
cruisers during the war of 1914, in violation of modern
International Law and notwithstanding the German ratification
of Convention No. ix. of 1907.
* * * * *
SECTION 15
_Belligerent Reprisals_
REPRISALS
Sir,--The controversy as to the legitimacy of the recent attack on
Freiburg tends to stray into irrelevancies. If the attack was made upon
barracks or troop trains no one would surely criticise what is of
everyday occurrence, although not unlikely to cause incidentally death
or injury to innocent persons. There seems, however, to be no reason for
supposing that such military objects were in view, or that our
aeroplanes were instructed to confine their activity, as far as
possible, to the attainment of such objects. We must assume, for any
useful discussion of the question raised, that the operation was
deliberately intended to result in injury to the property and persons of
civilian inhabitants, not, of course, by way of vengeance, but by way of
reprisal--_i.e._ with the practical object of inducing the enemy to
abstain in the future from his habitually practised illegal barbarities.
Such reprisals, as is to-day so well explained by your correspondent
"Jurist," are no violations of international law. Objections might, of
course, be made to them as unlikely to produce their hoped-for effect,
or as repugnant to our feelings of humanity or honour. They are not
illegal.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, May 4 (1917).
REPRISALS
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