But the ancient maxim lasted, in spite of this better example,
throughout the seventeenth and till late into the eighteenth century,
for we find Vattel even then thus protesting against it: ‘How could it
be conceived in an enlightened age that it was lawful to punish with
death a governor who has defended his town to the last extremity, or
who in a weak place had the courage to hold out against a royal army?
In the last century this notion still prevailed; it was looked upon as
one of the laws of war, and is not even at present totally exploded.
What an idea! to punish a brave man for having performed his duty.’[132]
But not even yet is the notion definitely expunged from the unwritten
code of martial etiquette. The original Russian project, submitted
to the Brussels Conference, proposed to exclude, among other illicit
means of war, ‘the threat of extermination towards a garrison that
obstinately holds a fortress.’ The proposal was unanimously rejected,
and that clause was carefully excluded from the published modified
text! But as the execution of a threat is morally of the same value
as the threat itself, it is evident that the massacre of a brave but
conquered garrison still holds its place among the laws of Christian
warfare!
This peculiar and most sanguinary law of reprisals has always been
defended by the common military sophism, that it shortens the horrors
of war. The threat of capital punishment against the governor or
defenders of a town should naturally dispose them to make a conditional
surrender, and so spare both sides the miseries of a siege. But
arguments in defence of atrocities, on the ground of their shortening
a war, and coming from military quarters, must be viewed with the
greatest suspicion, and, inasmuch as they provoke reprisals and so
intensify passion, with the greatest distrust. It was to such an
argument that the Germans resorted in defence of their shelling the
town of Strasburg, in order to intimidate the inhabitants and drive
them to force General Uhrich to a surrender. ‘The abbreviation,’ said
a German writer, ‘of the period of actual fighting and of the war
itself is an act of humanity towards both parties;’[133] although the
savage act failed in its purpose and General Werder had to fall back,
after his gratuitous destruction of life and property, on the slower
process of a regular siege. If their tendency to shorten a war be the
final justification of military proceedings, the ground begins to slip
from under us against the use of aconitine or of clothes infected
with the small-pox. Therefore such a pretext should meet with prompt
condemnation, notwithstanding the efforts of the modern military school
to render it popular upon the earth.
Public-domain text, read in full here on John Shaqi.
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