Evening star., 1943-08-16
Advantages Seen
In Spurinq Rome
BIZ Mai. George Fielding Eliot.

The declaration Of the italian govern
ment that Rome is now an open city"
may not save the Italian capital from air
bombardment unless adquate assurance
can be given to the Allied high command
that the city has ceased to contain any
legitimate military objectives.
The basic rule of international law in
this connection is article Is of the regu-
lations governing war on land which
formed Annex w of The Hague Conven-
ton of 1907. This rule reads: The at
tack or bombardment, by whatever
means, of towns, villages, dwellings or
buildings which are undefended, is pro-
hibited" The words "by whatever
means" were specifically intended to
preclude such bombardment by aircraft.
The rules of land warfare of the
United States Army define a defended
place. under the foregoing section, as in
cluding: (a) a fort or fortified place;
(b) town surrounded by detached forts,
which is considered jointly with such
forts as an indivisible whole; Co a place
that is occupied by combatant mill
tary force, or through which such force
is passing.
Rome is not fortified place under the
first two of these definitions, but it is
subject to attack while 1t contains any
hostile armed forces whatever (an ex-
ception being made for medical and
sanitary personnel.
But this convention does not properly
apply to Rome, because though it was
ratified by Great Britain and the United
States, 1t was never ratified by Italy, and
only with reservations by Germany.
Moreover, the Allies are certainly in a
position to claim that the Axis powers
have no refuge in any such provision
OF international law. because they them
selves have In the past carried out the
most ruthless sort OF air warfare. II.
therefore, the Allies are now to treat
Rome as an open city, not subject to
bombardment, they do so not under the
compulsion Of international law, but as
an act OF grace, for humanitarian rea-
sons and because Of the reverence
properly to be felt by all Christians for
the sacred monuments with which the
city is filled. They have a perfect right
to lay down strict conditions, on the
fulhllment Of which, only, they will
abstain from bombing Rome. These
conditions will not be easily fulfilled.
They might we'll include the following:
First, Rome must in fact be unde-
tended. That is. Axis troops OF any
combat type whatever must not be pres
ent IN, or pass through the city. This
would seem to include stan officers be-
longing to general or any other head.
quarters, the Royal Carabinieri (the
military police who are part Of the Ital-
Ian Army, members Of the Black Shirt
Militia, insofar as that force continues
to exist members Of the Royal Customs
Guard 0ikewise part OF the army or
any reserve officers or men who have
been called to active duty or are In the
possession OF their weapons.
The skies above the city must not be
within the zone OF fire Of any antiair-
craft batteries, even though the location
OF these batteries may be well outside
the citys limits. These skies, within q
oenned area, must not be patrolled by
enemy aircraft. Nor can 1t be permitted
that any combatant military personnel
shall pass through the city by rail, truck
or otherwise, or shall come into the city
on leave Of absence-except as bona f,de
sick and wounded, actually admitted to
hospitals.
second, Rome must cease to furnish
any aid to the military forces of the
Axis in any way. That means that the
manufacture OF weapons and munitions
OF war within the open area" must stop:
that there shall be no military trafic
through the city, by rail, truck or other
means which may carry supplies to
enemy fighting forces on other fronts:
that no person may leave Rome for the
purpose OF enlisting in or rejoinine the
armed forces of the enemy; that no ac-
tivity OF the Italian government can be
carried on from Rome as long as such
activity contributes in any way to the
prosecution of the war against the
United Nations.
obviously, the fulfllment of such con-
dltlons requires something more than
the mere assurance of any enemy gov
ernment that they are being, or will be
1ulhlled. The Allied high command
would be remiss in its duty If it per-
mltted the enemy to gain any advantage
IN this respect There must be strict
and reliable supervision to see to it that
any commitments entered into by the
Italian government regarding Rome are
not only strictly adhered to by the Ital-
lans, but are not violated by the Ger
mans either, under any pretext.
Either the Allied high command must
be permitted to send its own officers to
Rome to supervise the carrying out of
any such engagements, or that super
vision must be carried out by the agents
OF a neutral power, of whose reliability
there can be no question. In the case
OF Rome. 1t so happens that there is a
neutral power actually on the ground
the Vatican-Whose interest it is to pre
serve Rome from bombardment. Whether
Rome could become an open city"
under the supervision of the Vatican
rests very largely on the acceptability
of such supervision to the Allied high
command, and also on the willingness of
the Vatican authorities to undertake
such responsibility.
The Allies are very properly opposed
to the actual naturalization of anv Ital-
al 1f