South Africa and the Transvaal War, Vol. 6 (of 8): From the Occupation of Pretoria to Mr. Kruger's Departure from South Africa, with a Summarised Account of the Guerilla War to March 1901Creswicke, Louis
History
South Africa and the Transvaal War, Vol. 6 (of 8): From the Occupation of Pretoria to Mr. Kruger's Departure from South Africa, with a Summarised Account of the Guerilla War to March 1901
Creswicke, Louis
South African War, 1899-1902; Transvaal (South Africa) -- History
"By the second proclamation, dated at Pretoria, June 6, 1900,
it is, _inter alia_, notified that, in the event of any burgher
being granted a pass under paragraph 2 of the above
proclamation, he would be allowed to retain possession of his
stock; or should any or all of this stock be required for the
use of her Majesty's troops, he would receive current market
value for the same in cash.
"The undersigned, in the name of the Government of the South
African Republic and the Government of the Orange Free State,
feel themselves obliged most strenuously to protest against the
intent of both these proclamations.
"Because from these proclamations, taken in their mutual
relation to each other, there appears to be no other deduction
than that the burghers are only guaranteed retention of their
property if they shall first have taken the oath referred to in
paragraph 2 of the first-named proclamation clearly. The
declaration set forth in the proclamation of June 6, 1900, only
has sense if it is assumed that in the judgment of
Field-Marshal Roberts the property of burghers (even of those
who have taken no 'prominent part' in the policy which led to
the war) may be taken away from them by him solely on the
ground of there being war between England and the South African
Republic.
"This now is in direct conflict with principles of
international law in force for ages already, according to which
private property, not being contraband of war, must be
respected in war with the country, and which have been once
more expressly acknowledged by Article 46 (being a part of the
3rd Section, entitled 'De l'autorité militaire en le territoire
de l'état ennemi') of the declaration annexed to the
'Convention concernant les lois et coutumes de la guerre sur
terre,' which was also signed on behalf of her Britannic
Majesty. Said article reads as follows:--
"'L'honneur et les droits de la famille, la vie des individus,
et la propriété privée, ainsi que les convictions religieuses
et l'exercice des cultes, doivent être respectés. La propriété
privée ne peut pas être confisquée.'
"Although the South African Republics are not included amongst
the contracting Powers, the principles enunciated in the
article quoted may none the less be invoked by them, because
that article does nothing more than formulate what during ages
has been common right in war between civilised nations.
Public-domain text, read in full here on John Shaqi.
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