The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-04-26
In Plain violation Of the Compact Of
The Hague.

The Hague.
The use by the Germans In Fan
ders Of bombs emitting asphyxiatipg
gases is directly alleged by the Brit
ish commander. Sir JOHN FRENCH, in
his report Of the fighting to the north
Of Ypres:
THE enemy made use Of a large num-
Der OF appliances for the production Of
asphyxiating gas. The quantity pro-
duced indicates long a,i deliberate
preparation for the employment Of de-
vices contrary to the terms Of the Hague
convention to which the enemy sub
scrlbed."
A correspondent inquiries whether
the use Of poisonous vapors in battle,
however deplorable sin against CIV
illzed warfare, Is not technically jus.
titled by the failure Of all the bellig
erents to ratify the convention which
prohibited il. In other words, he asks
II this moral outrage in the method of
making war Is really, as Sir JOHN
FRENCH remarks, in violation Of a
valid engagement by which Germany
Is bound.
We do not wonder at the question.
THE sun has exhibited the chaos into
which the failure of this or that sig
natory Power to ratify this or that
convention has thrown the whole sys-
TEN OF so.called international law
adopted at The Hague. The effects
of the eXempting article contained in
most Of the conventions we have tried
to trace impartially, whether the re-
suit was favorable to the Germans or
to the Allies.
The present case Is different from
those which we have previously ex-
amlned. The declaration concerning
asphyxiating gases signed at the first
conference at The Hague is still ef.
fective, except as noted in the usual
exemption clause:
THE Contracting Powers agree 10 alb
object OF which is the diffusion Of
asphyxating or deeterious gases.
The present declaration is only bind
ing on the Contracting Powers in the
case Of a war between two or more Of
them.
1T shall cease to be binding from the
time when, in a war between the Con-
tracing Powers, one OF tho bellgerent'
shall be Joined by q non-contractins
Power"
This declaration OF 1900 did moi
carry a time limit like that which
prohibited the launching of projec
tiles and explosives from balloons
1t was not superseded by any new
convention adopted ut the second con
ference in 1907. The prohibition IL
therefore in force. providing no non
ratifying Powers are now among III,
belligerents,
Singularly enough, the delegates o.
the United States, on the urgent ad
vice of the late Admiral MAHAN, re
fused to sign this agreement as to TIT
use Of asphyx!ating gases. 1t wa
neither signed nor ratified by TIT
United States, nor has this countr!
ever become party to it by the proc
ess Of adhesion. The convention
therefore. does not appear in tn
official compilation OF treaties affect
ing our own Government.
The failure Of the United States I,
participate, however, does not afPec
the case of the European belligerents
Their position may he seen at {
glance in the snbjoined list:
"Austria-Hungary, ratified septembe
4. 1900.
Belgium, ratified September I, 1906
"France, ratified September 4, 1900.
Germany. ratified September 4. 1906
Great Britain, adhered August 80
1907.
Japan. ratified October s. 1900.
Montenegro, ratified October 10, 800
portugal, ratified September 4, 1906
"Russia, ratified September 4. 1900,
"Servia, ratified May II, 1901
'Turkey, ratified June IL, 1907"
So it will be seen that all the pres
ent belligerents, actual or nomina
are parties to the engagement not t
employ asphyxiaring or deleteriou
gases, and It Is therefore in force an
binding upon Germany. Even Sci
via, whose failure to ratify IN
conventions has done 50 much to pr,
duce the chaos on which We have r,
peatedly commented, is party I
this particular agreement
In the case Of Great Britain, h
adhesion to the declaration, elgl