FREE BOOKS

Author's List




PREV.   NEXT  
|<   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89  
90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   >>   >|  
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
PREV.   NEXT  
|<   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89  
90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   >>   >|  



Top keywords:
Reglement
 

troops

 

Convention

 

uniform

 
resist
 

accordance

 
customs
 

distinguishing

 
annexed
 
lawful

distinctive

 

subordinates

 

responsible

 

commanded

 

person

 
openly
 
conducting
 

Office

 

carrying

 
distance

recognisable

 

regular

 

assumed

 

belonging

 

bodies

 

belligerents

 

satisfy

 

operations

 
treated
 
rising

invasion

 
requirements
 

special

 

fulfilled

 

countries

 

obligations

 

Russia

 
prepared
 

comment

 
French

respect

 

circulated

 

conformity

 
instructions
 
bearing
 

insisted

 

nature

 

insisting

 

circumstances

 

complaint