Majesty's ship _Ajax_ yesterday told us
something of the opinion of the fleet as to the bombardment and
ransoming of defenceless seaboard towns, going on to predict that, in a
war in which England should be engaged, privateers would again be as
plentiful as in the days of Paul Jones, and assuring us that in such a
war "not the slightest respect would be paid to old-fashioned treaties,
protocols, or other diplomatic documents." Captain James appears, from
his letter which you print to-day, to be of the same opinion as the
fleet, with reference both to bombardments and to privateers; telling us
also in plain language that "the talk about international law is all
nonsense."
Two questions are thus raised which seem worthy of serious
consideration. First, what are the rules of international law with
reference to the bombardment of open towns from the sea (I leave out of
consideration the better understood topic of privateering)? Secondly,
are future wars likely to be conducted without regard to international
law?
1. I need hardly say that I do not, as Captain James supposes, contend
"that unfortified towns will never be bombarded or ransomed."
International law has never prohibited, though it has attempted to
restrict, the bombardment of such towns. Even in 1694 our Government
defended the destruction of Dieppe, Havre, and Calais only as a measure
of retaliation, and in subsequent naval wars operations of this kind
have been more and more carefully limited, till in the Crimean war our
cruisers were careful to abstain from doing further damage than was
involved in the confiscation or destruction of stores of arms and
provisions. The principles involved were carefully considered by the
military delegates of all the States of Europe at the Brussels
Conference of 1874, and their conclusions, which apply, I conceive,
_mutatis mutandis_, to operations conducted by naval forces against
places on land, are as follows:--
"ARTICLE 15.--Fortified places are alone liable to be
besieged. Towns, agglomerations of houses, or villages which
are open or undefended cannot be attacked or bombarded."
"ARTICLE 16.--But if a town, &c., be defended, the commander
of the attacking forces should, before commencing a
bombardment, and except in the case of surprise, do all in his
power to warn the authorities."
"ARTICLE 40.--As private property should be respected, the
enemy will demand
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