It can hardly be necessary to add that no acts of the Executive, such as the Proclamation of 1898, the order putting in force the Code of 1900, or the instructions to delegates in 1907 and 1909, amount to anything like a ratification of the Declaration in the manner prescribed by the Constitution of the United States.
I have the honour to be, Sir,
Your obedient servant,
T. E. HOLLAND
Oxford, January 4 (1911).
Sir,—Mr. Gibson Bowles resuscitates this morning his crusade against the Declaration of 1856. It is really superfluous to argue in support of rules which have met with general acceptance for nearly sixty years past, to all of which Spain and Mexico, who were not originally parties to the Declaration, announced their formal adhesion in 1907, while the United States, which for well-known reasons declined to accede to the Declaration, described, in 1898, all the articles except that dealing with privateering as "recognised rules of International Law."
It may, however, be worth while to point out why it was that no provision was made for the ratification of the Declaration of 1856, or for that of 1868 relating to the use of explosive bullets. At those dates, when the first steps were being taken towards the general adoption of written rules for the conduct of warfare, it was, curiously enough, supposed that agreement upon such rules might be sufficiently recorded without the solemnity of a treaty. This was, in my opinion, a mistake, which has been avoided in more recent times, in which the written law of war has been developed with such marvellous rapidity. Not only [090]have codes of such rules been promulgated in regular "Conventions," made in 1899, 1906, and 1907, but the so-called "Declarations," dealing with the same topic, of 1899, 1907, and 1909 have been as fully equipped as were those Conventions with provisions for ratification. The distinction between a "Convention" and a "Declaration" is therefore now one without a difference, and should no longer be drawn. Nothing in the nature of rules for the conduct of warfare can prevent their expression in Conventions, and the reason which seems to have promoted the misdescription of the work of the London Conference of 1908-9 as a "Declaration"—viz. an imaginary difference between rules for the application of accepted principles and wholly new rules—is founded in error. Much of the contents of The Hague "Conventions" is as old as the hills while much of the "Declaration" of London is revolutionary.
This by the way. It is not very clear whether Mr. Gibson Bowles, in exhorting us to denounce the Declaration, relies upon its original lack of ratification, or upon some alleged "privateering" on the part of the Germans. Nothing of the kind has been reported. The commissioning of warships on the high seas is a different thing, which may possibly be regarded as an offence of a graver nature. Great Britain is not going to imitate the cynical contempt for treaties, evidenced by the action of Germany in Belgium and Luxemburg, in disregard not only of the well-known treaties of 1889 and 1867, but of a quite recent solemn undertaking, to which I have not noticed any reference. Art. 2 of The Hague Convention No. v. of 1907, ratified by her in 1909, is to the following effect:—
"Belligerents are forbidden to move across the territory of a neutral Power troops or convoys, whether of munitions or of supplies."
I am, Sir, your obedient servant,