rt.'

However this may be, the details given above show sufficiently that a
divergent interpretation of Article 23(h) from the old English rule is
prevalent on the Continent, and is to some extent also accepted by
English and American Authorities, and it is for this reason that I would
ask whether His Majesty's Government consider that the old English rule
is no longer in force.

I have, &c.,

(Signed) L. OPPENHEIM.

LETTER FROM THE FOREIGN OFFICE TO THE PRESENT WRITER.

FOREIGN OFFICE,
_March 27, 1911_.

SIR,--

I am directed by Secretary Sir E. Grey to thank you for your letter of
February 28th, and for drawing his attention to the misconceptions which
appear to prevail so largely among the continental writers on
international law with regard to the purport and effect of Article 23(h)
of the Convention of October 18th, 1907, respecting the laws and customs
of war on land.

It seems very strange that jurists of the standing of those from whose
writings you quote could have attributed to the article in question the
meaning and effect they have given it if they had studied the general
scheme of the instrument in which it finds a place.

The provision is inserted at the end of an article dealing with the
prohibited modes of warfare. It forms part of Chapter I. of Section II.
of the Regulations annexed to the Convention. The title of Chapter I. is
'Means of injuring the enemy, sieges and bombardment': and if the
article itself is examined it will be seen to deal with such matters as
employing poison or poisoned weapons, refusing quarter, use of treachery
and the unnecessary destruction of private property. Similarly the
following articles (24 to 28) all deal with the restrictions which the
nations felt it incumbent upon them from a sense of humanity to place
upon the conduct of their armed forces in the actual prosecution of
military operations.

The Regulation in which these articles figure is itself merely an annex
to the Convention which alone forms the contractual obligation between
the parties, and the engagement which the parties to the Convention have
undertaken is (Article 1) to 'issue instructions to their armed land
forces in conformity with the Regulations respecting the Law and Customs
of war on land.'

Thi