, 1886-02-11

THE LAWS OF CIVILIZED WARFARE


VI u htEulANlons bentTAIlN
Thought To BE Binding.
For the nearest approach to n state
ment Of whatt 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 Rus
sian to whom the world owes the st.
Petersburg declaration, and which con-
stituted a genuine attempt to mitigate the
evils of war by an international agree
ment and definition OF their limits. The
idea of such a plan was originally sug-
gested by the instructions published in
1868 by President Lincoln for the govern
ment Of the armies of the United States
in the civil war. The project for such
an international agreement, originally
submitted by the Russian government
for discussion, was very much modified
before I've a compromise of opinion
could be arrived at on the several points
it contained. And the project so modi-
fled, 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
n definite code; but it remains,
nevertheless, the most authoritative ut
terance extant of the laws generally
thought to be binding in modern warfare
on the practices and passions of the COM
batants. The following articles from the
project as finally modified are un-
doubtedly the most important:
Art. 10. The laws Of war do not allow
to belligerents an unlimited power as to
the choice of means of injuring the
enemy.
Art. 10. 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 antagonist who, having
laid down his arms, or having no longer
the mean of defending himself, has
surrendered at discretion.
d. The declaration that no quarter
will be given.
Z. The use of arms, projectiles, or
substances which may cause unnecessary
suffering.
f. Abuse of the flag of truce, the ma
tional flag, or the military insignia or
uniform of the enemy, as well as dis
tinctive badges of the Geneva convention.
G. All destruction or seizure of the
enemy's property which is not impera-
lively required by the necessity of war.
Article 10. Fortified places are alone
liable TO be besieged. Towns, a~gglomera-
lions of houses or villages which are
open or undefended can not be attacked
or bombarded.
Art. II. All necessary steps should be
taken to spare as far as possible build
ings devoted to religion, arts. sciences
and charity, hospitals and places where
sick and wounded are collected, on con-
dition hat they are not used at the same
time for military purposes.
Art. 1S. A town taken by storm shall
not be given up to the victorious troops
for plumber.
Art. %. Prisoners of war should be
treated with humanity. All their
personal effects except their arms are to
considered their own property.
Articles 80 and 81. The population of
an occupied territory can not be COM
PEELED to take part in military operations
against their own country, nor to swear
allegiance to the enemy's power.
Art. 30. The honor and rights of a
family, the life and property of individ-
uals, as well as their religious convic-
tons and the exercise of their religion,
should be respected. Private property
can not be confiscated.
Art. 30. Pillage is expressly forbidden.
Globe Democrat Book Review.