All signatories of The Hague Convention are bound to issue to their troops instructions in conformity with the Règlement annexed to it. The only countries which, so far as I am aware, have as yet fulfilled their obligations in this respect are Italy, which has circulated the French text of the Règlement without comment; Russia, which has prepared a little pamphlet of sixteen pages for the use of its armies in the Far East; and Great Britain, which has issued a Handbook, containing explanatory and supplementary matter, besides the text of the relevant diplomatic Acts.
I am, Sir, your obedient servant,
T. E. HOLLAND
Oxford, October 21 (1904).
Sir,—It is interesting to be reminded by Sir Edward Ridley of the view taken by Sir Walter Scott of the right and duty of civilians to defend themselves against an invading enemy. International law is, however, made neither by the ruling of an "impartial historian," on the one hand, nor by the ipse dixit of an Emperor, on the other.
In point of fact, the question raised by Sir Edward is not an open one, and, even in our own favoured country, it is most desirable that every one should know exactly how matters stand. The universally accepted rules as to the persons who alone can claim to act with impunity as belligerents are set forth in that well-known "scrap of paper" The Hague Convention No. iv. of 1907; to the effect that members of "an army" (in which term militia and bodies of volunteers are included) must (1) be responsibly commanded, (2) bear distinctive marks, visible at a distance, (3) carry their arms openly, and (4) conform to the laws of war. By way of concession, inhabitants of a district not yet "occupied" who spontaneously rise to resist invasion, without having had time to become organised, will be privileged if they conform to requirements (3) and (4). These rules are practically a republication of those of The Hague Convention of 1899, which again were founded upon the recommendations of the Brussels Conference of 1874, although, at the Conference, Baron Lambermont regretted that "si les citoyens doivent être conduits au supplice pour avoir tenté de défendre leur pays, au péril de leur vie, ils trouvent inscrit, sur le poteau au pied duquel ils seront fusillés, l'article d'un Traité signé par leur propre gouvernement qui d'avance les condamnait à mort."
An Englishman's Home was a play accurately representing the accepted practice, shocking as it must be. I remember the strength of an epithet which was launched from the gallery at the German officer on his ordering the [078]shooting of the offending householder. It may be hardly necessary to add that nothing in international usage justifies execution of innocent wives and children.
I am, Sir, your obedient servant,
T. E. HOLLAND