The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-02-17

ned feelnR OF humanity. IL must NOT
be overlooked that also, as regards the
killing f prisoners. the necessity OF the
war and the security Of the state must
he considered in the first place. but not
the idea that prisoners ave to be
spared az any price.
In Transporting prisoners. command
ers and soldiers guarding them must do
everything In their lower to ease their
lot as much as possible, especially IL
they are III or wounded. In particular.
they must be protected against insults
and III treatment On the part OF an ex-
cited p%opulace.
War is conducted not only against
hostile combatants. but also against
the inan!nate means Of wa. possessed
by the enemy. Among the latter, hos
tile fortrcsses take the first place. but
war may also he made upon every town
and village which hampers military ac-
ton. All inhabited places may be be-
sicred, shellcd. stormed and destroyed
II they are defended by the enemy and
under certain circumstances also when
they are only occupied by him.
The prohibition TO shell open towns
and villages which are neither occupied
nor defended by the enemy has been
70 mulat.d by tho Hague Conference.
However. that prohibition appears SUI
perfuous. as the modern history of war
scarcely kn. VS. a case in which such
shrl'ing has taken place.
TIE c-mrlovrnent Of ruses Of war has
been considered lawful since the most
remote times. However. certain
ruses are not rcconcllable with honest
warfare. namely. those which d,gen-
crate into pcrHdy. fraud ard the breach
Of the given word 80 Among these
are to be mentioned pretended surrcn-
der with tho object Z killing an un-
susprctlnG opponent on HIS approach.
the abuse Of the white nag or of the
Rcd Cross - These crimes violate
the most ancient principles of war TIE
natural sense OF right possessed by all
mon and the spirit OF chivalry which
lives In the armies ~ all civilized States
have branded such proceedings al
crimes against humanity and against
Right and. guided by these sentiments.
one refuses g. recognize any longer as
equals opponents which mus openly VIC
late the laws OF honor and Justice. The
Views OF military authorities with re-
gard to these means % warfare differ
In many points from those expressed by
reputed teachers az international Law
Thus. the use Of the cnenys uniform,
the use of the ene'ny's flags or Of neu-
trail flags IN order 10 deceive. IL de.
cl1red admissible ny the majority q.
those who %expound tho theory ot legiti.
mate warfare. on tho other hand. the
military writer's Dsec HlCus,a wski, der
Klcine Kr!cg'D have expressed them.
selves unanimously against their use.
and The Hague Conference AS sup
ported their nluior by prohibiting M
use OF the enemy's uniform and flags
and placing thoir use into the same
category as the nNuss II the Whit,
Flag e the Red Cross.
. Professor Lueier. in his "~iiandhuc,
der Noolker~cch's." writes The ueli.
ness and immortality IF such rIses can.
not alter the fact thIt their recognition
~ admissible The purpose and p,c's
sity o. war ort!tle = sc who conduct
10. md under certain circumstance
make It ever their duty. NOT TO allow
decisive advantages TO escape then
which can be obtained by the use OF
these rlIses
While IN past ayes tho LAYING was',
~ tho ene~uy's country. tho destruction
~ he property and even the e|ns'avinr
~ the Inhabitants was considered n nat
ural consequence lowing rom n stat.
- war. N re recent t.'Nos have intro
duced more lenien. views. While FOR
merry TN. opinion p~-eya lled .hlt ~,
destruction 81 private urorortv WI,
the principal means of warfare" an
t'lt the right 9 1luudr~ private prop
orty was unlimited. to-day the orinio'
prevails universally that tNe iuhlhitlr',
"t a hostile country are no ! NIGER to h'
considered as enemies 49, II follow
that the citizens OF an occupied country
possess the gtghf that neither their ~,
may Ne taken nor tina; their honor an,
liberty No diminished, hat every CdsD
OF uulaWfu! killing - :he civil pAiull
: o.. that every malicious or Carcio-
Nouriiur. that every insult. every dis
turtauce OF TO don. site peace, eve-,
attack upon the family. upon homo
and upoU morality IN short. every m
awful o. cr.ninH' attack and Insult. Il
exactly rs punishable As II Z had boei
rorpr'~u'ed gains tho inhabitants 0
ones owu country ON IN
other hand. 'hc Inhabitants OF an encm,
country have naturally the duty 20 ne
have peacefully. not 10 take part in tn
war in my way, and not 20 harm g.
any manner the troops occupying the.
country.
The majority ~ writer's are urani
nous in CondeWuiuE the forcing OF tn
people t. give information about the
own army. the conduct Of way and ahou
military secrets concerning their owl
country. Nevertheless. IT Is not AWAY.
possible Co. dc without such information
Fore 10 obtain q viii no doubt he use,
with regret. bu; tho purpose OF wa Wi
frequently make tina. step necessary.
As, IN accordance with the views o
International Law as to The right ~
VT prevailing to-day. war Is made no
between private people bvt hetwecl
States. 3: follows thai ali arbltrar,
devastation OF the country and ever
wilful destruction 90 private property
unless II IL called for by the necoss.t,
Of war, is opposed To l~ntoruaNonNl Law
u follows % Al uuueees
sary devastation, destruction, arson. Sc
I'm the ourmy's country Is prohlhited
md soldiers guilty of such action vii
ho punished as criminals according {
law. t2l An destruction ana dtmag
brought about for military reasons (
permissible
The following double rule prevails
NO damage, not crcn the smallest. mus
b" dono unless II Is done for miiitGr.
reasons. on the Other hand. the greet
est damage NAV Do inflicted u u Is dC
WGudCd bU the COHduCt OF iCdr. lTh
italics are l|eruhnrdis.
According 70 modern views. the vlcto
may appropriate, without any forma
ties, ar movable property belonging {
4 Nn-tii" state. lie may 'rrfscatc ~
moneys deposited In national Oinccs, hu
discrimination must ho used. for IA
none 40 communal offices are consid
,..i 80 De private property.
some consider the taking Of prlva'
property from "A defeated comb1tant I
ur permissible. The conflict of opinion
E.>, however. lcd 20 the rule that 9,
taking OF vnlu,hlcs, money. &. from
defeated comhatlut Is inadniss'h'" an
tH.t oul' the taking OF his Wilitar
outfit "a permiftcd.