of the last half-century, and, more especially, in quite recent years, called into existence by means of Gene

9 (of which the first was repeated in 1907), as to projectiles from balloons, projectiles spreading dangerous gases, and expanding bullets; The Hague Conventio

n only in 1911 (it was extended to maritime warfare by Conventions iii. of 1899 and x. of 1907, both ratified by Great Britain, cf. infra, Ch. VI. Section 10); the Hague Conventio

n into warships, No. viii. as to mines, No. ix. as to naval bombardments, No. x. as to the sick and wounded, No. xi. as to captures, No. xii. as to an International Prize Court, supplemented by the Convention of 1910, No. xiii. as to neutrals. It must be observed that, of these Conventions, Great Britain has ratified only vi., vii., viii., ix., and x., the three last subject to reservations. The Declaratio

agreement, the way for such agreement has been prepared by the labours of the Institut de Droit Internation

low. Their insertion here, although the part in them of the present writer is but small, may be justified by the fact that they set ou

ernment of Armies of the United States, issued in 1863, and reissued in 1898. Some information as to this and similar bodies of national instructions may be found in the present writer's Studies in International Law, 1898, p. 85. Cf. his Manual of Naval Prize Law, issued by authority of the Admiralty in 1888, his Handbook of the Laws and Customs of War on Land, issued by authority to the British Army in 1904, and his The Laws of War on Land (written and unwritten), 1908. The Institut de

TKE ON THE LA

It was written with reference to the Manual of the Laws of War which was adopted by the Institut de Droit International at its recent session at Oxford. The German text of the letter will a

edient

. HO

January

, Dec.

to soften the evils which result from war. Perpetual peace is a dream, and it is not even a beautiful dream. War is an element in the order of the world ordained by God. In it the noblest virtues of mank

of war. Every law presupposes an authority to superintend and direct its execution, and international conventions are supported by no such authority. What neutral States would ever take up arms for the sole reason that, two Powers being at war, the 'laws of war' had been violated by one or both of

ode of making war has in reality followed upon the gradual softening of manners. O

owerful means of preventing the worst kind of excesses-strict discipline maintained in time of peace, so that the soldier has become habituated to it, and care on the part of the department which provides for the subsistence of troops in the field. If that care fails, discipline can

Declaration of St. Petersburg when it asserts that 'the weakening of the military forces of the enemy' is the only lawful procedure in war. No, you must attack all the resources of the enemy's Government: its finances, its railways, its stores, and even its prestige. Thus energetically,

empts. But for Governments to recognise these rules will not be enough to insure that they shall be observed. It has long been a universally recog

e at every moment of day and night. Certain requirements of the manual might be impossible of realisation; for instance, the identification of the slain after a great battle. Other requirements would be open to criticis

s. Such are the rules of the [026]manual relating to the wounded, the sick, the surgeons, and medical appliances. The general recognition of these principles, and of tho

TKE, Field-Mar

CHLI'S REPLY TO

nce of your being able to make room for it, a translation of Professor Bluntschli's

edient

. HO

February

stmas

s of war. This statement invites serious reflections. I see in it a testimony of the highest value, of histo

ellency than by sketching the reasons which have guided our members, and so

f view. The difference is diminished, but not removed, when an illustrious general from his elevated position takes also into consideration the great moral and political dutie

or private individuals in districts occupied by an enemy the indispensable [027]protection of law. There may be members of the Institut who do not give up the hope that some day, thanks to the progress of civilisation, humanity will succeed in substituting an organised international j

sputes between nations by judicial methods, war being un

and strengthening legal

d world forbids, in a general way, the soldier to make booty in warfare on land, we have here a great advance in civilisation, and the jurists have had their share in bringing it about. Since compulsory service has turned standing armies into national armies, war has also become national. Laws of war are consequently more than ever important and necessary, since, in the differences of culture and opinion which prevail between individuals and classes, law is almost the only moral power the force of which i

g its decrees to be respected and carried out which are at the disposal of the law of nations. We know also that war, which moves nations so deeply, rouses to exceptional activity the good qualities as well as the evil instincts of human nature. It is for this very reason that the jurist is impelled to present the legal principles, of

arily to the State which wields the public power in the place where an offence is committed. No State will lightly, and without unpleasantness and danger, expose itself to a just charge of having neglected its international duties; it will not do so

d many harmful excesses? I, for my part, am convinced that the error, which has been handed down to us from antiquity, according to which all law is suspended during war, and everything is allowable against the enemy natio

all sorts of dangers, and so to insure the application of the rules in many other instances. Sad experience teaches us that in every war there are numerous violations of law which must unavoidably remain unpunished, but this will not cause the jurist to abandon the

ement of my views, and will regard it as an expression of my gratitude,

Privy Councillor,

STATES NAVA

ast, in so well deserving of attention in this country that I may perhaps be allowed to supplement the remarks of y

views of this country-e.g. as to the right of search (Art. 22), as to the two-fold list of contraband (Arts. 34-36), as to the moment at which the liability of a blockade-runner commences (Art. 44), and as to the capture of private property (Art. 14), although the prohibition of such capture has long been favoured by the Executive of the United States, and was advocated by the American delegates at The Hague Conference. So also Arts. 34-36, by apparently taking for granted the correctness of the rulings of the Supreme Court in the Civil War cases of the Springbok and the Peterhoff with reference to what may be described as "continuous carriage," are in

e views which I ventured to maintain in your columns when the question was raised during the war of 1898.2 I may also, by the way, claim the support of the code for the view taken by me, in a, correspondence also carried on in yo

fied only in September last, for applying to maritime warfare the principles of the Convention of Geneva. Art. 10 of The Hag

some general provisions applicable equally

and it is brief, consisting of on

nciples applicable to the making prize of merchant vessels, which as often as not may be the [031]property of neutrals. These topics

sor, and would differ from it on certain questions, but should resemble it in clearness of expression, in brevity, and, above all things, in frank acceptance of responsibilit

your obedie

. HO

April

AL WA

ril 10, 1901) that something resembling the United States "Naval War Code," dealing

te questions the Government of the United States has not hesitated to express definite views; and they are not always views which the Government of our own country would be prepared to endorse. For s

ness [032]of expression, in brevity, and, above all things, in frank acceptance of responsibility. What naval men most want is definite

give definite instructions to naval officers; and, secondly, with reference to topics, to be included in the instructions, as to whic

your obedie

. HO

March 12

0