As to what is required from a lawful belligerent, see Arts. 1 and 2 of the Règlement of 1899, practically repeated in that of 1907. The substance of Art. 1 is set out in the letter which follows.
Art. 2 grants some indulgence to "the population of a territory which has not been occupied who, on the approach of the enemy, spontaneously take up arms to resist the invading troops, without having had time to organise themselves in accordance with Art. 1." Cf. infra, pp. [76], [79].
THE RUSSIAN USE OF CHINESE CLOTHING
Sir,—If Russian troops have actually attacked while disguised in Chinese costume, they have certainly violated the laws of war. It may, however, be worth while, to point out that the case is not covered, as might be inferred from the telegram forwarded to you from Tokio on Wednesday last, by the text of Art. 23 (f) of the Règlement annexed to[076] The Hague Convention "on the laws and customs of war on land." This article merely prohibits "making improper use of the flag of truce, of the national flag or the military distinguishing marks and the uniform of the enemy, as well as of the distinguishing signs of the Geneva Convention."
Art. 1 of the Règlement is more nearly in point, insisting, as it does, that even bodies not belonging to the regular army, which, it is assumed, would be in uniform (except in the case of a hasty rising to resist invasion), shall, in order to be treated as "lawful belligerents," satisfy the following requirements, viz.:—
"(1) That of being commanded by a person responsible for his subordinates;
"(2) That of having a distinctive mark, recognisable at a distance;
"(3) That of carrying their arms openly; and
"(4) That of conducting their operations in accordance with the laws and customs of war."
The fact that, in special circumstances, as in the Boer war, marks in the nature of uniform have not been insisted upon, has, of course, no bearing upon the complaint now made by the Japanese Government.