ssued by the War Office in 1913.
As to what is required from a lawful belligerent, see Arts. 1
and 2 of the _Reglement_ of 1899, practically repeated in that
of 1907. The substance of Art. 1 is set out in the letter which
follows.
Art. 2 grants some indulgence to "the population of a territory
which has not been occupied who, on the approach of the enemy,
spontaneously take up arms to resist the invading troops,
without having had time to organise themselves in accordance
with Art. 1." _Cf. infra_, pp. 76, 79.
THE RUSSIAN USE OF CHINESE CLOTHING
Sir,--If Russian troops have actually attacked while disguised in
Chinese costume, they have certainly violated the laws of war. It may,
however, be worth while, to point out that the case is not covered, as
might be inferred from the telegram forwarded to you from Tokio on
Wednesday last, by the text of Art. 23 (_f_) of the _Reglement_ annexed
to The Hague Convention "on the laws and customs of war on land." This
article merely prohibits "making improper use of the flag of truce, of
the national flag or the military distinguishing marks and the uniform
of the enemy, as well as of the distinguishing signs of the Geneva
Convention."
Art. 1 of the _Reglement_ is more nearly in point, insisting, as it
does, that even bodies not belonging to the regular army, which, it is
assumed, would be in uniform (except in the case of a hasty rising to
resist invasion), shall, in order to be treated as "lawful
belligerents," satisfy the following requirements, viz.:--
"(1) That of being commanded by a person responsible for his
subordinates;
"(2) That of having a distinctive mark, recognisable at a
distance;
"(3) That of carrying their arms openly; and
"(4) That of conducting their operations in accordance with
the laws and customs of war."
The fact that, in special circumstances, as in the Boer war, marks in
the nature of uniform have not been insisted upon, has, of course, no
bearing upon the complaint now made by the Japanese Government.
All signatories of The Hague Convention are bound to issue to their
troops instructions in conformity with the _Reglement_ annexed to it.
The only countries which, so far as I am aware, have as yet fulfilled
their obligations in this respect are Italy, which has circulated the
French text of the _Reglement_ without comment; Russia, which has
prepared a l
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