In 1899 it made the same suggestion to the British War Office, but the reply of the Secretary of State was to the effect that "he is informed that soldiers always shoot badly wounded horses after, or during, a battle, whenever they are given time to do so, i.e. whenever the operation does not involve risk to human life. He fears that no more than this can be done unless and until some international convention extends to those who care for wounded animals the same protection for which the Geneva Convention provides in the case of men; and he would suggest that you should turn your efforts in that direction."
Thereupon, Mr. Lawrence Pike, on November 23, addressed to The Times the letter which called forth the letter which follows.
Sir,—Everyone must sympathise with the anxiety felt by Mr. L.W. Pike to diminish the sufferings of horses upon the field of battle. How far any systematic alleviation of such sufferings may be compatible with the exigencies of warfare must be left to the decision of military experts. In the meantime it may be as well to assure Mr. Pike that the Geneva Convention of 1864 has nothing to do with the question, relating, as it does, exclusively to the relief of human suffering. This is equally the case with the second Geneva Convention, which Mr. Pike is right in supposing never to have been ratified. He is also right in supposing [099]that "the terms of the convention are capable of amendment from time to time," but wrong in supposing that they can be amended "by the setting up of precedents." The convention can be amended only by a new convention.
It is not the case that Art. 7 of the convention, which merely confides to commanders-in-chief, under the instructions of their respective Governments, "les détails d'exécution de la présente convention," gives them any authority to extend its scope beyond what is expressly stated to be its object—viz. "l'amélioration du sort des militaires blessés dans les armées en campagne." While, however, the Geneva Convention, does not contemplate the relief of animal suffering, it certainly cannot be "set up as a bar" to the provision of such relief. Commanders who may see their way to neutralising persons engaged in the succour or slaughter of wounded horses would be quite within their powers in entering into temporary agreements for that purpose.
I may add that the "Convention concerning the laws and customs of war on land," prepared by the recent conference at The Hague, and signed on behalf of most Governments, including our own, though not yet ratified, contains a chapter "Des malades et des blessés," which merely states that the obligations of belligerents on this point are governed by the Convention of Geneva of 1864, with such modifications as may be made in it. Among the aspirations (vœux) recorded in the "Acte final" of the conference, is one to the effect that steps may be taken for the assembling of a special conference, having for its object the revision of the Geneva Convention. Should such a conference be assembled Mr. Pike will have an opportunity of addressing it upon the painfully interesting subject which he has brought forward in your columns.
Your obedient servant,
T. E. HOLLAND
The "second Geneva Convention," above mentioned, was the "Projet d'Articles additionnels," signed on October 20, 1868, but never ratified.
Art. 21 of the Règlement annexed to The Hague Convention of 1899 as to the "Laws and Customs of War on Land," stating that "the obligations of belligerents, with reference to the care of the sick and wounded, are governed by the Convention of Geneva of August 22, 1864, subject to alterations which may be made in it," is now represented by Art. 21 of The Hague Règlement of 1907, which mentions "the Convention of Geneva," without mention of any date, or of possible alterations. The Convention intended in this later Règlement is, of course, that of 1906, for the numerous Powers which have already ratified it, since for them it has superseded that of 1864. The British ratification, of April 16, 1907, was subject to a reservation, the necessity for which was intended to be removed by 1 & 2 Geo. 5, c. 20, as to which, see supra, p. [37]. The later is somewhat wider in scope than the earlier Convention, its recital referring to "the sick," as well as to the wounded, and its first article naming not only "les militaires," but also "les autres personnes officiellement attachées aux armées."