INTERNATIONAL LAW AND THE GREAT WAR BY COLEMAN PHILLIPSON OF THE INNER TEMPLE, BARRISTER-AT-LAW THE WORLD,' ETC WITH INTRODUCTION BY SIR JOHN MACDONELL, K.C.B., LL.D., F.B.A. NEW YORK E. P. DUTTON & COMPANY 681 FIFTH AVENUE PREFACE My aim in the present work is to give a systematic account, from the point of view of international law, of most of the questions and incidents that have so far arisen in the Great War. Since the beginning of last August international law has been subjected to severe trials. I have endeavoured to ascertain to what extent it has emerged from its ordeals inviolate, to what extent homage has been honourably paid to it, in what respects it has suffered hurt and its behests have been disregarded. The number of violations that we have to examine is large. Indeed, so many have been committed, that it seems as though the whole fabric of international law has been demolished, and the sacred law of humanity-to which it is indissolubly joined—rejected and spurned. But, happily, not all the belligerents have contributed to bring about this deplorable result. For we shall find that nearly all the infractions of law are to be laid to the account of Germany. It is obvious, therefore, that in an undertaking of this kind I must necessarily pay considerable attention to the theories of the law of war and of international law in general advanced by German writers, to the views held in German military circles, and, especially, to the practices of the German forces in this unparalleled conflict. I have tried to show, by referring to earlier examples and proceedings, that these theories, views, and practices were not suddenly adopted on this present occasion in order to justify and ensure the attempted realization of a certain object, but that they are, rather, the natural consequences of the general attitude that has long been assumed by A |