The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-11-25
one or another Of the belligerents has

CORY Of violations OF treaty faith.
They may still be deplored on general
grounds Of humanity and public policy,
they may be rebuked as contrary to
that vague thing known ms "lnterna-
tional law" but they can no longer be
denounced as the deliberate reputation
Of engagements undertaken by solemn
contract In treaty form recorded at The
Hague. This is true whether the Of
fences in question have been committed
by Germans by British, by Austrians,
by Russians, or by French.
The practical and legal exemption Of
the fighting Powers from the operation
Of the rules OF war enacted at The
Hague may he illustrated by the one
case already referred to. namely. the
treaty prohibition of entrance upon neu.
trail territory:
The territory Of neutral Powers is
| inviolable.
"Belllgerents are forbidden to move
troops or conveys Of either munitions OF
war or supplies across the territory OF a
neutral Power.
THE fact OF a neutral Power resisting,
even by force. attempts TO violate Its
neutrality cannot be regarded as a hostile
act"
These particular "rules OF war" are
contained In the fifth Convention Of the
series Of fifteen signed by the forty
four Powers at The Hague in 1907. II
Is entitled Convention Respecting the
Rights and Duties Of Neutral Powers
and Persons in War on Land" Under
other circumstances the foregoing pro-
hibitions might be operative; but Arti-
Gle XX. Of this convention says:
The provisions OF the present conven-
] ton do not apply except between Con-
| tracing Powers and then only II all the
belligerenis are parties to the convention"
Now. although all the present hellig-
erents may have signed this convention.
| in the persons OF their respective rep
/ u
Governments which subsequently rati-
! fed the convention became parties 20
its engagements In this case Conven-
ton V. was ratified only by Germany.
| the United States OF America. Austria
Hungary. Denmark. Mexico, the Meth
erlands Russia. Sweden. Bolivia and
Salvador Ii was not ratified by Eng
land or France. When France. therefore.
became belligcrcnt. the German Gov
eminent, by the very terms Of this par
ticular compact and contract. was re-
lease from its obligation not to violate
neutral territory. not 10 move troops or
conveys Of munitions or supplies across
neutral territory. not to regard rs
hostile act resistance on the part OF
the violated neutral. We are speaking.
of course. OF Germany's violations III
neutrality only SO far as they relate to
obligations contracted at The Hague
not to other treaty obstacles to freedom
OF war action.
In the same way, the treaty prohibit
ton Of the bomha rdment of undo
Tended towns. of looting, Of outrages on
the non-combatant population. Of the
levy Of excessive penalties on captured
cities, Of the destruction Of historic
monuments. and so on, Is contained In
the various articles OF Convention ",
Respecting the Laws and Customs of
War on Land" The second article 4
that convention Is as follows:
The provisions contained In the Regu-
lations tannexed to the conventionl. as
well as In the present convention. do not
apply except as between Contracting Pow
ers. and then only II all the belligerents
are parties to the convention
This convention was ratified by Ger
many. the United States. Austria, Great
Britain and Russia. but not by France.
SO far as 1t was binding contract Its
requirements were suspended when
France entered the fight.
What we have said OF the tifth and
fourth Conventions Is equally true Of
these others In the series:
VIII Relating 10 the laying of auto
matte submarine contact mines Ratified
by Germany. Austria and Russia, but moi
BY Great Britain and France.
Tx. Concerning bombardment by nava
forces in time OF war. Ratified by Ger
many, Austria. Great Britain, Russia, bu
not by France.
~. For the adaptation Of the principles
, OF the Geneva Convention to martini,
warfare Ratified by Germany, Austria
and Russia, but not by Great Britain anc
France
XXI Relating to the right OF capture II
naval war Ratified by Germany, Aus
tria and Great Britain, but not by Russia
and France.
/, XIII. Concerning the rights and dutlei
, Of neutral Powers in case OF maritime
war. Ratified by Germany. Austria anC
, Russia, but not by Great Britain anC
} France.
XIV. Prohibiting the discharge OF pro
tectiles and explosives from balloons, Rat