CHAPTER I.

THE LAWS OF WAR ON LAND.

INTRODUCTION.

1. How regulated. The conduct of war is regulated by certain well-established and recognized rules that are usually designated as "the laws of war," which comprise the rules, both written and unwritten, for the carrying on of war, both on land and at sea.

THE WRITTEN RULES.

2. Conventions and treaties.-During the past 50 years many of these rules have been reduced to writing by means of conventions or treaties entered into by the principal civilized nations of the world after full discussion at The Hague, Geneva, Brussels, and St. Petersburg.

3. Those relating to war on land. The rules contained herein relate to war on land, and the principal written agreements relating to the conduct of war on land are the following, viz:'

1 For full text of these conventions, see appendices.

(a) The Declaration of St. Petersburg of the 11th of December, 1868, forbidding in time of war the use of explosive projectiles under 400 grams weight.'

66

2 This has never been ratified by the United States, but see paragraph Article XXIII, convention IV, Hague Rules, 1907, infra, par. 184.1

(b) The Declaration of The Hague of the 29th of July, 1899, forbidding the employment of projectiles which have for their only object the diffusion of asphyxiating or deleterious gases.

(c) The Declaration of The Hague of the 29th of July, 1899, preventing the employment of bullets which expand or flatten in the human body."

(d) The Geneva' convention of the 6th of July, 1906, for the "Amelioration of the condition of the sick and wounded of armies in the field." "

3

} ༥ ༈༙་ལུ་ ཚེས ༩༥

Those States which have not acceded to or ratified the Geneva convention of 1906 but who are signatories of the Geneva convention of 1864 for "The amelioration of the condition of the wounded and sick of armies in the field" are bound by the provisions of this latter.

(e) Convention No. III of The Hague of the 18th of October, 1907, with regard to the opening of hostilities.

(f) Convention No. IV of The Hague of the 18th of October, 1907, concerning the laws and customs of war on land.*

4 The Hague convention of 1899 "Concerning the laws and customs of war on land" are still binding on those signatory States who have not acceded to or ratified the convention of 1907.

(g) Convention No. V of The Hague of the 18th of October, 1907, concerning the rights and duties of neutral powers and persons in war on land.

5 Vide Ch. XI and Appendix 3.

(h) A portion of the Convention No. IX of The Hague of the 18th of October, 1907, concerning the bombardment by naval forces in time of war."

Vide infra, Ch. VI, Sec. IV, pars. 212, note 1, and 227.,

(i) Convention No. VIII of The Hague of the 18th of October, 1907, relative to the laying of submarine mines.'

7 Vide infra, Ch. XII, p. 147. 11

(j) A portion of Convention No. XI of The Hague of the 18th of October, 1907, relative to the right of capture in naval warfare.

8 Vide infra, Appendix 6, p. 177.

(k) The declaration of The Hague of the 18th of October, 1907, prohibiting the discharge of projectiles and explosives from balloons.

9 Vide infra, Ch. VI, Sec. I, pars. 174-175, p. 56.

4. The foregoing do not constitute a complete code as appears from the preamble of Convention IV of October 18, 1907:

According to the views of the high contracting parties, these provisions, the preparation of which has been inspired by the desire to diminish the evils of war,, as far as military requirements permit, are intended to serve as a general rule of conduct for the belligerents in their mutual relations and in their relations with the inhabitants.

1

It has not, however, been found possible at present to prepare regulations covering all the circumstances which may arise in practice.

On the other hand, the high contracting parties clearly do not intend that unforeseen cases should, in the absence of written undertaking, be left to the arbitrary judgment of military · commanders.

Until a more complete code of the laws of war has been formulated, the high contracting parties deem it expedient to declare that, in cases not covered by the regulations adopted by

them, the inhabitants and belligerents remain under the protection and the rule of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity, and the dictates of public conscience.

5. Publication of rules.-H. IV, Art. 1. The contracting powers shall issue instructions to their armed land forces which shall be in conformity with the regulations respecting the laws and customs of war on land, annexed to the present convention.1

1 Vide Bulletin No. 6; W. D., Feb. 19, 1913, and appendices.

6. To whom applicable.-H. IV, Art. II. The provisions contained in the regulations referred to in article 1, as well as in the present convention, do not apply except between contracting powers, and then only if all the bellige.ents are parties to the convention.

7. Nature and binding force. These declarations and conventions, freely signed and ratified by a very great number of the civilized powers of the world, constitute true rules of international law that are binding upon those who are parties thereto in a war in which all belligerents engaged are parties. In case one power, who is a party to the war, has not agreed to these conventions, or having been a party has denounced the same, or has made reservations as to one or more articles, then and in that case the other parties belligerent will not be bound by the convention or by the reserved articles.1

1 The observance by the French Army of the rules announced is implicitly subordinated to the condition of reciprocity on the part of the opposing belligerent, for if France imposes certain limitations upon her means of action against future enemies, it is naturally upon the condition that they impose upon themselves the same restrictions.' (Les Lois de La Guerre Continentale, by Lieut. Jacomet, p. 26.)

THE UNWRITTEN RULES.

8. Usage. In addition to the written rules there exist certain other well-recognized usages and customs that have developed into, and have become recognized as, rules of warfare. These usages and customs are still in process of development.

9. How developed.-The development of the laws and usages of war is determined by three principles. First, that a belligerent is justified in applying any amount and any kind of force which is necessary for the purpose of the war; that is, the complete submission of the enemy at the earliest possible moment with the least expenditure of men and money. Second, the principle of humanity, which says that all such kinds and degrees of violence as are not necessary for the purpose of war are not permitted to a belligerent. Third, the principle of chivalry, which demands a certain amount of fairness in offense and defense and a certain mutual respect between opposing forces.1

1 Land Warfare, Opp., C. I., par. 3.