The Dominion. THURSDAY, SEPTEMBER 3,1914. THE LAWS OF WAR

Dominion, Volume 7, Issue 2245, 3 September 1914, Page 4

The Dominion. THURSDAY, SEPTEMBER 3,1914. THE LAWS OF WAR

There is an old saying that "All is fair in love and .war," but this is certainly not true as far as modern warfare is concerned. Certain laws of war are recognised by civilised nations, and any belligprcnt that ignores them places itself outside the pale of civilisation. Long beforo tho Christian era certain lighting rules wero recognised by the Greeks, and if thoy were, not always scrupulously . observed, ' they wcro at least an acknowledgment, however vague and uncertain, of tho claims of a common law of humanity. Prisoners of war might lie enslaved, but were not to be killed in cold blood, and a few rough limits wero placed on the | destruction of property. The Greeks did not do much in tho way of lessening the horrors of war; but they mado a step forward. The Romans advanced still further in the same direction., They made _ regulations regarding the declaration of war, the making of peace treaties, and the sanctity of truces, besides doing somebhmg to check the ruthlessness of tho soldiery. In the fourteenth century a common law : of the sea made its appearance, and later on the rules of warfare were more clearly defined. A great step forward was taken by Hugo Grotiub, who was born in • 1583,_ regarding whom it is stated that"it would bo ■hard to mention any writer in any field of literature who has more profoundly influenced the course of human history." In this way the foundations were laid of the existing system of international law, which, among-other, mattei's relating to the dealings of nation with nation, lays down certain rules in regard to the armed conflict between States. The first aim of every belligerent is to injure the enemy as much as possible, and thereby compel him to sue for peace; but civilised nations have como to the conclusion that some, limits must be placed on the choice of methods. For instance, a bellisrerent must_ not make use. of poison or poisoned weapons, and the rules forbid the slaughtering of an enemy who has surrendered at discretion, and no longer possesses the means of defending himself. The_ employment of certain projectiles likely to cause unnecessary suffering is prohibited, and there is a growing tendency to put some limits on the destruction of property and to afford better protection to the lives of noncombatants.

The savagery with which the Germans are reported to be conductin" their campaign has aroused worldwide indignation. International law was regarded by Bismarck with cynical contempt, and the same disdain for its dictates appears to be characterising those, who at present control the destinies of Germany. The Kaiser's army has shown little regard, for the rule which forbids any destruction or seizure of the enemyls property not imperatively called for by military necessities. The destruction of Louvain was an act of sheer savagery. It has been reported more than once that the Germans.have made use of uniforms belonging to their adversaries in order to gain an This is a. clear breach of tho regulation which forbids the abuse of flags of truce, of the national flag, or of military badges, and uniforms belonging to the enemy, or of badges peculiar to the Geneva Convention. The law of nations naturally endeavours to prevent the destruction of historic buildings and works of art. the loss of which would be a blow not merely to/any particular nation, but to civilisation. It is recognised that military necessity must receivo first consideration in , war time, and'this often involves deplorable devastation. It is, however, laid down that towns, villages, dwelling houses, and buildings may neither be attacked nor bombarded, unless they_ are defended. A leading authority states that "tho officer in command of attacking troops before beginning to bombard, except in cases of assault, - should - do all that win be dono to warn tho .authorities." Another rule pro-

vides that in sieges and bombardments everything possible should be done to spare buildings devoted to worship, art,' science, and charity; also hospitals and tho resorts.of the sick and wounded, so long as they avo not used at the same time for military purposes. A cablegram which we publish to-day announces that the Austrians have destroyed and pillaged the town of Shabatz in a, barbarous manner, houses being looted, and hostages shot on frivolous pretexts. Yet pillage is distinctly forbidden by international law, and private property should not be confiscated. Tho main principle of the laws of .war is to confine the conflict, as far as circumstances will permit, to the armed forces of the belligerents, and to prevent wanton and unnecessary destruction. With this object in view everything is prohibited, writes Professor Westlake, which is not of a nature to contribute to success in the military operation concerned: and even when a thing does not fall under any absolute prohibition, it may only bo done in tho circumstances, and in the measure, in whicb it may reasonably be expected to contribute to the success of the military operation concerned.