CHAPTER II.

H. 23. arms

THE CONDUCT OF HOSTILITIES.

H. 22. IT must not be supposed that the means to be employed for the destruction of an enemy are unlimited, The object which belligerents should keep before them is to weaken, as far as possible, the military forces of the enemy; and this purpose is accomplished by the disablement of the greatest possible number of combatants. The employment of or materials which would cause superfluous injury is in excess of the legitimate object of war, and it is now forbidden to make use of such means of destruction. It is much better to wound a man than to kill him, for a wounded man takes two men to carry him from the field of battle, in addition to requiring the attendance of doctors and trained nurses. The signatories of the St. Petersburg Declaration have, therefore, agreed to renounce the use, by their naval or military forces, of any projectile of the weight of 400 grammes (approximately 14 ounces) or under, filled with explosive matter.

In this connection three Declarations, not formally

acceded to by Great Britain, were signed at the Hague in 1899, by several of the Powers*. The first was to the effect that projectiles and explosives should not be thrown from balloons during the ensuing five years. The second laid down that no projectile should be used whose only object was to spread asphyxiating gases. As stated in the Editor's notes to the fifth edition of Mr. W. E. Hall's work on International Law, this declaration was presumably aimed at lyddite, which explosive, however, is primarily destructive and only secondarily asphyxiating. The third prohibited the use of bullets which flatten or expand easily in the human body. These rules now represent the general practice of civilized States.

Various other regulations have also been made with H.23. the object of mitigating the severity of warfare. The use of poison and poisoned arms is forbidden-a form of destruction which was recognised by the Greeks and Romans as worthy only of barbarians. Neither would it be considered as "playing the game" to attempt to spread infectious diseases, by sending, for instance, two or three smallpox cases over to the enemy, though no definite rule has been laid down upon this point. The poisoning of the water supply is of course included under this rule; but it does not prevent the cutting off

* See Appendix C.

D

of the water supply altogether. Such a course is an allowable and usual means of reducing an enemy to submission.

Assassination, or the murder by treachery, of individuals belonging to the hostile forces is forbidden by the Laws of War. The rule does not include a military surprise, which is always permissible; it is aimed only at acts accompanied by circumstances of treachery. A body of troops may be surprised, and its general killed or taken prisoner; a force in a hostile country must be prepared to meet such contingencies; but it is not its duty to guard against the assassination of its members by individuals in disguise.

The refusal to grant quarter, when an enemy has laid down his arms and has no longer the means of defending himself, and the declaration that no quarter shall be given, are not allowable by modern usage. The usual indication that troops are prepared to lay down their arms is given by the hoisting of a white flag or handkerchief. A difficult question may arise as to the person-generally the officer of highest rank within easy reach-who is entitled to take this step; but on this point it is not easy to lay down an inflexible rule. The improper use of a flag of truce, the national flag, the enemy's uniform, or the distinctive badges of the Geneva Convention, is also prohibited.

The seizure or destruction of enemy property is not permissible except in cases where such a course is demanded by the exigencies of the campaign. War cannot be carried on without a certain amount of resulting damage; but a marked distinction has been made in modern times between the property of individuals and that which belongs to the State. This topic, however, will be more conveniently discussed in the chapter on military occupation.

Undefended towns, villages, and buildings are not H. 25. liable to be bombarded or destroyed; but a conceivable exception to this rule is suggested in the "Manuel de Droit International" (3rd ed., p. 20), published by the French Government for the use of their military schools:-"Il peut arriver que, sans résister directement, une ville soit située de telle sorte que le feu d'un fort voisin empêche l'assaillant d'y entrer et de s'y maintenir dans ce cas, le bombardement peut être dirigé aussi bien sur la ville que sur la forteresse. Il en est autrement si nul obstacle n'est opposé à l'occupation de la ville: l'assaillant doit alors l'épargner; il commettrait un acte odieux et condamnable s'il menaçait de la détruire, pour obliger la forteresse à ouvrir ses portes."

It is also the custom to allow certain portions of the H.26. population of a place about to be bombarded to leave before its commencement; and the attacking commander

should warn the defending authorities of what is about to happen, except when he intends to capture the place H. 27. by a surprise attack. Should a regular siege be undertaken, every effort should be made to spare the edifices devoted to religion, art, science, and charity, as well as hospitals and places where the sick and wounded are collected. The Commander of the town or fortress should indicate these places by flags or otherwise, and inform the opposing General of their meaning. The H. 28. practice has long since been abandoned, and is now formally prohibited by the Convention, of giving up to pillage at the hands of the victorious soldiery, a town which has been taken by storm.

H. 24.

The ordinary ruses adopted by a Commander in the field with a view to deceiving his enemy, and the employment of methods necessary for the purpose of obtaining information, are considered allowable. A town captured by surprise, or a battle won with little bloodshed, gains more credit for a General than if he had accomplished the same object with a large expenditure of men. The deception, however, which may be practised upon the enemy must be kept within due limits; for instance, it would be a violation of the Customs of War to fly a hospital flag on a powder magazine.

In this connexion the subject of "Reprisals" may be mentioned. A belligerent is not relieved from the