New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-04-24
THE RULES OF WAR.
PF,c1-1. ATOMS WHICH WILL GOVERN
THE COMBATANTS IN THE I'M
PENDING CONFLICT

So manv wears have elapsed since the Uhiled
cto,os has been engaged in any kind Of hos
tjlitics, save the suppression Of risinss on 'he
mart of redskins. that a few remarks on the SUB
tcct Of the rules and regulations of war may
no Of timely interest; all the more so as IL APP
rcors nrobable that the President VIII can loi
tho services OF many thousands or milluame': |
ard volunteers who. not being professional SOL
diers and having never gone through course OK
s;udy Of the rules Of war which forms most
important part Of West Point education
may possibly be deficient in the knowledge o.
this particular branch of military science
The absence of instructions of this character
was severely felt during the Civil war. Wheh
the armies placed in the field were composer III
the greater part Of men taken from civil pur-
ruits and unfamiliar with the usages of war
indeed. so serious and embarrassing were the
difficulties arising from it that before hostilities
had been in progress for eighteen months Secre-
tary Stanton requested an eminent jurist, Fran
els Iieber to prepare a code OF instructions Tor
the government Of the troops engaged IN opera
tions against the Confederacy. The rules pre-
pared by Dr. Leber were submitted TO and APP
proved by board of officers and were thereupon
published in 1863 in the form OF a general order
of the War Department, making them obligatory
OLD CODES MODIFIED.
Nearly twoscore years have passed since
their PRONUNCIATION; moreover. the war to when
they were intended to apply was OF strictly
internal character. Therefore. although Dr.
Lieber's code may be taken, broadly speak
ing. as basis for the modern laws of warfare
vet their enforcement in the forthcoming strug-
gle with Spain must necessarily be modled "
the fact that the foes are not ACKNOWLEDGEMENTS
Engaged in rebellion but the citizens Of a foreign
Power and likewise by the circumstance tha'
the various wars which have taken place In the
Old World during the last thirty years, as well
as the Congresses Of International Law held IN
the different capitals Of Europe. have had the
effect of rendering necessary number OF
changes IN the so-called Lieber rules contained
In General Orders No. 100, issued by the United
States Adjutant-Generals Office in 1853.
In fact it Is difficult to give any permanency
to these laws, since the conditions OK modern
warfare are ever changing. and the rules nave
to be modified in order to render them adaptabie
to It, Fortunately, the tendency or these
changes is invariably IN the direction OF greater
humanity and lberality, and the only civilizeo
nation that has retained the harsh usages. the
cruel practices and the barbarous features OF
the wars of times gone by Is Spain. whose meth
DDS Of campaigning In Cuba are indeed one OK
the chief causes Of the conflict now imminent
The United States In It's war with Spain
will probably base It's conduct upon the code
recommended for adoption by the Institute OF
International Law at It's session IN Oxford
IN September 1880 The code IN question is
based upon the following authorities (a) The
Lieber code, adopted by the United States
Army In 1863; 6) the Geneva Convention
Of August, 1864; (c) the additional articles
Of the Geneva Convention Of October, 1865; (d)
the declaration Of St Petersburg Of November,
1868; (e) the declaration Of Brussels. 1874: %
the latest official manuals adopted by the Gov
ernments Of France. Germany. Russia, Holland,
faly and Austria; Cd the Paris Convention OF
tS5G. and Ql) the Brussels session Of the lnsti-
lutte Of International Law Of 1879.
GUERILIAS
One Of the fundamental rules Of this code,
which has not yet been officially adopted by
either the American or the English Govern
ment. both Of which. however, may be relied
upon to conform to its provisions. is that the
state Of war does not admit Of any lighting, or
OF hostile acts save between the regular armed
forces Of the belligerent States. These forces
must be under the direction Of responsible
chiefs, must have a uniform or distinguishing
badge recognizable at distance. and must
carry arms openly. That Is to say, men, or
squads OF men who commit hostilities. whether
by fighting, or raids, or looting without regular
commission and without sharing continuously
in the war, doing with ntermitting re-
occasional assumption Of the semblance Of
nj Of no