The delicacy of dealing with such a subject, when the memories of
the Franco-German war were still fresh and green, led ultimately to
a unanimous agreement to suppress these clauses altogether, and to
leave the matter, as the Belgian deputy expressed it, in the domain
of unwritten law till the progress of science and civilisation should
bring about a completely satisfactory solution. Nevertheless, the
majority of men will be inclined, in reference to this resolution,
to say with the Russian Baron Jomini, the skilful President of that
Military Council: ‘I regret that the uncertainty of silence is to
prevail with respect to one of the most bitter necessities of war.
If the practice could be suppressed by this reticence, I could not
but approve of this course; but if it is still to exist among the
necessities of war, this reticence and this obscurity may, it is to be
feared, remove any limits to its existence.’
The necessity of some regulation of reprisals, such as that contained
in the clauses suggested at Brussels, is no less attested by the events
of the war of 1870 than by the customs in this respect which have at
all times prevailed, and which, as earlier in time, form a fitting
introduction to those later occurrences.
That the fear of reprisals should act as a certain check upon the
character of hostilities is too obvious a consideration not to have
always served as a wholesome restraint upon military licence. When, for
instance, Philip II. of Spain in his war with the Netherlands ordered
that no prisoners of war should be released or exchanged, nor any
contributions be accepted as an immunity from confiscation, the threat
of retaliation led to the withdrawal of his iniquitous proclamation.
Nor would other similar instances be far to seek.
Public-domain text, read in full here on John Shaqi.
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