d, _See_ Mcomini
Mzinelwe and Wanda _v._ H.E. the Governor and the A.G. for the
Colony of Natal, 22 _Times Law Reports_, 413.

THE EXECUTIONS AT PRETORIA

Sir,--No doubt is possible that by international law, as probably by
every system of national law, all necessary means, including shooting,
may be employed to prevent the escape of a prisoner of war. The question
raised by the recent occurrence at Pretoria is, however, a different
one--viz. What are the circumstances in connection with an attempt to
escape which justify execution after trial by court-martial of the
persons concerned in it? This question may well be dealt with a part
from the facts, as to which we are as yet imperfectly informed, which
have called for Mr. Winston Churchill's letter. With the arguments of
that letter I in the main agree, but should not attach so much
importance as Mr. Churchill appears to do to a chapter of the British
_Manual of Military Law_, which, though included in a Government
publication, cannot be taken as official, since it is expressly stated
"to have no official authority" and to "express only the opinions of the
compiler, as drawn from the authorities cited."

I propose, without comment, to call attention to what may be found upon
this subject in conventional International Law, in one or two
representative national codes, and in the considered judgment of the
leading contemporary international lawyers.

I. The Hague "Convention on the laws and customs of war on land"
(ratified by twenty Powers) lays down:--

"ARTICLE 8.--Prisoners of war shall be subject to the laws,
regulations, and orders in force in the army of the State
into whose hands they have fallen. Any act of insubordination
warrants the adoption as regards them of such measures of
severity as may be necessary. Escaped prisoners, recaptured
before they have succeeded in rejoining their army, or before
quitting the territory occupied by the army that captured
them, are liable to disciplinary punishment. Prisoners who
after succeeding in escaping are again taken prisoners are
not liable to any punishment for their previous flight."

The Hague Conference, in adopting this article, adopted also, as an
"authentic interpretation" of it, a statement that the indulgence
granted to escapes does not apply to such as are accompanied by "special
circumstances," of which the instances given are "complo