But the matter is different where open towns are occupied by the enemy or are defended. In this case, naturally all the rules stated above as to fortified places hold good, and the simple rules of tactics dictate that fire should be directed not merely against the bounds of the place, so that the space behind the enemy’s firing line and any reserves that may be there shall not escape. A bombardment is indeed justified, and unconditionally dictated by military consideration, if the occupation of the village is not with a view to its defense but only for the passage of troops, or to screen an approach or retreat, or to prepare or cover a tactical movement, or to take up supplies, etc. The only criterion is the value which the place possesses for the enemy in the existing situation.
Regarding it from this point of view, the bombardment of Kehl by the French in 1870 was justified by military necessity, although the place bombarded was an open town and not directly defended. “Kehl offered the attacking force the opportunity of establishing itself in its buildings, and of bringing up and placing there its personnel and material, unseen by the defenders. It became a question of making Kehl inaccessible to the enemy and of depriving it of the characteristics which made its possession advantageous to the enemy. The aforesaid justification was not very evident.”[63]
Also the bombardment of the open town of Saarbrücken cannot from the military point of view be the subject of reproach against the French. On August 2nd a Company of the Fusilier Regiment No. 40 had actually occupied the railway station and several others had taken up a position in the town. It was against these troops that the fire of the French was primarily directed. If havoc was spread in the town, that could scarcely be avoided. In the night of August 3rd to 4th, the fire of the French batteries was again directed on the railway station in order to prevent the despatch of troops and material. Against this proceeding also no objection can be made, since the movement of trains had actually taken place.
If, therefore, on the German side[64] energetic protest were made in both cases, and the bombardment of Kehl and Saarbrücken were declared a violation of international law, this only proves that in 1870 a proper comprehension of questions of the laws of war of this kind was not always to be found even in the highest military and official circles. But still less was this the case on the French side as is clear from the protests against the German bombardment of Dijon, Chateaudun, Bazeilles, and other places, the military justification for which is still clearer and incontestable.[65]
B.—METHODS NOT INVOLVING THE USE OF FORCE. CUNNING, AND DECEIT
Stratagems.
Cunning in war has been permissible from the earliest times, and was esteemed all the more as it furthered the object of war without entailing the loss of men. Surprises, laying of ambushes, feigned attacks and retreats, feigned flight, pretense of inactivity, spreading of false news as to one’s strength and dispositions, use of the enemy’s parole—all this was permitted and prevalent ever since war begun, and so it is to-day.[66]
What are “dirty tricks”?
As to the limits between recognized stratagems and those forms of cunning which are reprehensible, contemporary opinion, national culture, the practical needs of the moment, and the changing military situation, are so influential that it is prima facie proportionately difficult to draw any recognized limit, as difficult as between criminal selfishness and taking a justifiable advantage. Some forms of artifice are, however, under all circumstances irreconcilable with honorable fighting, especially all those which take the form of faithlessness, fraud, and breach of one’s word. Among these are breach of a safe-conduct; of a free retirement; or of an armistice, in order to gain by a surprise attack an advantage over the enemy; feigned surrender in order to kill the enemy who then approach unsuspiciously; misuse of a flag of truce, or of the Red Cross, in order to secure one’s approach, or in case of attack, deliberate violation of a solemnly concluded obligation, e.g., of a war treaty; incitement to crime, such as murder of the enemy’s leaders, incendiarism, robbery, and the like. This kind of outrage was an offense against the law of nations even in the earliest times. The natural conscience of mankind whose spirit is chivalrously alive in the armies of all civilized States, has branded it as an outrage upon human right, and enemies who in such a public manner violate the laws of honor and justice have been regarded as no longer on an equality.[67]
Of False Uniforms.