The morning call., 1892-04-10
The LAWS OF War.
As PTaGtiCGd by All Civilized Nations
To-Day.
Many Of It's Evils Mitigated-What Is Sane
TONED and What Forbidden-Recog-
mixed Benigerent Rights.
written for THE MoRNIxs CALL

war can with difficulty be restrained once IL
has set in. Some have tried to mitigate its
evils by alleviatlng unnecessary suffering
suffering which it is possible TO avoid. 9th
ers have attempted to introduce an inter-
national code framed TO regulate war into
one system, but here again there has been
failure, because it is conceded that these
rules could not materially reduce the evils
complained of and that war cannot be regu-
lated by precise rules. the result Of inter
national compacts.
On the other hand, no one viii assert in
the present day that it should be conducted
as baTbaTOusly as possible to render il more
rare. 1t is to the interest Of belligerentS TO
conduct hostities in a humane manner, for
the more they do so The letter VIII be tDelr
discipline, the less Will their operations De
interfered with By the hostile inhabitants,
the quicker will supplies be given, and the
greater will be the chances OF success. By
devastating a country, by punderiDg the
inhabitants all military efficiency is lost.
The men sQuander what they take and
stsrve where they might live. They scatter
In marauding exhibitions when they should
concentrate for action. They are deaf and
mutiBous to the orders of their officers.
They are easily beaten by inferior troops.
and if they do gain Ia victory they are I'M
able to take advantage Of IL. The invader
who Expresses the inhabitants has 10 means
left to coerce them. lie has taken from
@
extreme measures. They have nothing 10
gain By remaining quiet. They Will wage
an actual guerrilla warfare against him.
They will burn their crops rather than
allow them to fall into his hands aud they
will act as a serious impeachment 10 his regu-
lar advance.
A CODE OF RULES.
During the War Of the Rebellion in this
country the Government issued instructions
TO the armies regulating the methods Of
warfare. These instructions. issued in 1868.
are printed in General Haleck 5 book at the
end Of the eighteenth chapter a code of
rules on the same subject was also Issued
by authority in France Tor the use Of mill
tary schools, the latest edition Of which was
published in 1884 This example has not
been followed by other European nations.
These national instructions differ very fun
damentally from any system or code that
might be promulgated on the authority Of
an international congress. The latter could
not be abrogated when once agreed TO, eX-
cept by permission of the other powers
who have also joined in the compact; where
as the former are merely orders from the
government which may at any moment be
modified or Cancelled. There is, neyerIhe-
less, always some danger attendant upon
the publication of such rules, for en- certain
occasions, and during the ever varying vicis-
STUDIES OF warfare, it may be found impos-
sIble to carry them out as exactly as they
may be laid down. Necessity cannot be
limited by theories Of those who, perhaps,
have never felt that necessity.
The convention Of Geneva. dated August
%. 1854, was acceded to by all civilized
nations. The object was TO enact certain
rules calculated to ameliorate tue condition
OF the sick and wounded in war time and
to insure this Improvement in their c0ndl-
ton. by neutralizing them together with
those who tend them, doctors, chaplains.
nurses, etc. Additional articles were added
TO the convention in 1868.
SMALL EXPLOSIVES Forbidden
In December. 1868, a declaration was
signed at St Petersburg, forbidding the use
of explosive bullets below the weight of 400
grammes; something under one pound.
These two conventions have now the
force of public law, and rank with the I'M
written customs which have been univer-
sally admitted among civilized nations. The
provisions then adopted were agreed 10
without difficulty, because while they would
reduce suffering they could in no way inter-
fsTe with any weapon OF Offense or defense
which State might require for its own
safety.
With the execution Of the convention of
Geneva and the declaration Of st. Peters
burg there is no written law or compact
regulating war Oh land, but there are un-
written customs possessing great weight
with civilized nations operating against each
other. These usages are discussed and ex-
emplifed in every work oil the law of ma
tions.
The general principles upon which mod
ern wars are regulated may be thus summed
up:
First-A belligerent uses each and every
necessary means against the person and
property OF the enemy to subdue him, short
OF treachery. The extreme rights of bel
ligerent are limited on every occasion by
the necessity of the case. He alone can
judge how far he will enforce his rights.
Second-Those that take part in hostilties
must do so and in the name and under the
INDEPENDENTLY implied, if it cannot
I'm Holt " rf &fKuTr
ment; they are its instruments TO be used
Tor the safety OF the country. They cannot
wage var upon their own account, or for
their Own individual profit.
Thlrd-All acts OF perfdy and treachery
are repugnant TO honorable men. They are
contrary to nature. and can never be prac-
ticed against an enemy. or justified by the
person who uses them.
Upon these three principles hang the pres
ent usageS or customs OF war. In accord
Gnce with them certain prohibitions are OBJ
served.
Assassination or the murder BY treach-
cry OF individuals belonging to the hostile
forces, and the poisoning Of water and food
are wrong and contrary to the recognized
system Of carrying on war.
QUARTER TO MEN WHO SURRENDER.
Quarter should never be refused to men
who surrender. The sick and wounded of
an enemy should be cared for as If they were
our own. Prisoners of war are to be treated
humanely La fact directly a man is dis
abied or diSarmed be becomes an object of
compassion; he is no longer dangerous and
should be. befriended
The -combatant population, as long as
they are peaceable, should not be exposed
TO violence. If, however, they resist they
are within their right; but they then I'M
doubtedly run the risk of being taken for
common marauders ami punished accord
Ingly, IL they fail TO ad0p: means to show
that they are open and public beligerents.
Again, II territory is occupied beyond all
dispute by the invader, the inhabitants have
not changed their allegiance; they remain
enemies; they may not undertake acts of
hostility on their own account or for their
own gain, but II they use force against him
ID accordance with what may be reasonably
considered the taclt commands of their Gov
eminent, this conduct may be meritorious;
but they run the risk. and with Justice, of
being severely dealt with.
Public property is liable to seizure, but it
Is ungenerons to take away or DESTROY
scientific objects, works of art. public
monuments, historical records, legal docu-
ments, etc.
Private property Is respected as long AS
Its seizure does not tend to terminate the
war If necessary for this object 1t can be
captured. 1t is more humane 10 coerce an
enemy by taking his goods than by destroy
ing the lives OF men. AS means of con-
Quoting warlike operations in O hostile
country private property is universally
seized by armies under the names of requi-
sitl0ns or money contributions. In the
short war between France and Germany in
loiuH the Germans requisitioned a sum
amounting to 327, 1886 francs. Property
selze1 without requistion was valued at
2o4,OSI,OOO francs. Property irregularly
seed was valued at SS4, 100000 francs
w Mla no W reckoning the war indemnity Of
S1.000, 200 paid by France to Germany
The total amount paid by France or out Of
french property for that short war was as
much as 81, 200, 100000.
Captured PROPERTY.
Property OF any kind that is captured In
ic