ittle pamphlet of sixteen pages for the use of its armies in
the Far East; and Great Britain, which has issued a Handbook, containing
explanatory and supplementary matter, besides the text of the relevant
diplomatic Acts.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, October 21 (1904).
THE RIGHTS OF ARMED CIVILIANS
Sir,--It is interesting to be reminded by Sir Edward Ridley of the view
taken by Sir Walter Scott of the right and duty of civilians to defend
themselves against an invading enemy. International law is, however,
made neither by the ruling of an "impartial historian," on the one hand,
nor by the _ipse dixit_ of an Emperor, on the other.
In point of fact, the question raised by Sir Edward is not an open one,
and, even in our own favoured country, it is most desirable that every
one should know exactly how matters stand. The universally accepted
rules as to the persons who alone can claim to act with impunity as
belligerents are set forth in that well-known "scrap of paper" The Hague
Convention No. iv. of 1907; to the effect that members of "an army" (in
which term militia and bodies of volunteers are included) must (1) be
responsibly commanded, (2) bear distinctive marks, visible at a
distance, (3) carry their arms openly, and (4) conform to the laws of
war. By way of concession, inhabitants of a district not yet "occupied"
who spontaneously rise to resist invasion, without having had time to
become organised, will be privileged if they conform to requirements (3)
and (4). These rules are practically a republication of those of The
Hague Convention of 1899, which again were founded upon the
recommendations of the Brussels Conference of 1874, although, at the
Conference, Baron Lambermont regretted that "si les citoyens doivent
etre conduits au supplice pour avoir tente de defendre leur pays, au
peril de leur vie, ils trouvent inscrit, sur le poteau au pied duquel
ils seront fusilles, l'article d'un Traite signe par leur propre
gouvernement qui d'avance les condamnait a mort."
_An Englishman's Home_ was a play accurately representing the accepted
practice, shocking as it must be. I remember the strength of an epithet
which was launched from the gallery at the German officer on his
ordering the shooting of the offending householder. It may be hardly
necessary to add that nothing in international usage justifies execution
of innocent wives and children.
I am, Sir, your obedient servant,
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