For the nearest approach to a statement of what the laws of war in our
own time really are, we must turn to the Brussels Conference, which
met in 1874 at the summons of the same great Russian to whom the world
owes the St. Petersburg Declaration, and which constituted a genuine
attempt to mitigate the evils of war by an international agreement and
definition of their limits. The idea of such a plan was originally
suggested by the Instructions published in 1863 by President Lincoln
for the government of the armies of the United States in the civil
war.[11] The project for such an international agreement, originally
submitted by the Russian Government for discussion, was very much
modified before even a compromise of opinion could be arrived at on
the several points it contained. And the project so modified, as a
preliminary basis for future agreement, owing to the timid refusal
of the English Government to take further part in the matter, never,
unfortunately, reached its final stage of a definite code;[12] but it
remains nevertheless the most authoritative utterance extant of the
laws generally thought to be binding in modern warfare on the practices
and passions of the combatants. The following articles from the project
as finally modified are undoubtedly the most important:--
_Art. 12._ The laws of war do not allow to belligerents an unlimited
power as to the choice of means of injuring the enemy.
_Art. 13._ According to this principle are strictly forbidden--
_a._ The use of poison or poisoned weapons.
_b._ Murder by treachery of individuals belonging to the hostile
nation or army.
_c._ Murder of an antagonist who, having laid down his arms, or having
no longer the means of defending himself, has surrendered at
discretion.
_d._ The declaration that no quarter will be given.
_e._ The use of arms, projectiles, or substances which may cause
unnecessary suffering, as well as of those prohibited by the
Declaration of St. Petersburg in 1868.
_f._ Abuse of the flag of truce, the national flag, or the military
insignia or uniform of the enemy, as well as the distinctive badges
of the Geneva Convention.
_g._ All destruction or seizure of the enemy’s property which is not
imperatively required by the necessity of war.
_Art. 15._ Fortified places are alone liable to be besieged. Towns,
agglomerations of houses or villages which are open or undefended,
cannot be attacked or bombarded.
_Art. 17._ ... All necessary steps should be taken to spare as far as
possible buildings devoted to religion, arts, sciences, and charity,
hospitals and places where sick and wounded are collected, on condition
that they are not used at the same time for military purposes.
_Art. 18._ A town taken by storm shall not be given up to the
victorious troops for plunder.
_Art. 23._ Prisoners of war ... should be treated with humanity.... All
their personal effects except their arms are to be considered their own
property.
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