SECTION 14

_The Naval Bombardment of Open Coast Towns_

The four letters which first follow were suggested by the

British Naval Manoeuvres of 1888, during which operations

were supposed to be carried on, by the squadron playing the

part of a hostile fleet, which I ventured to assert to be in

contravention of international law. Many letters were written

by naval men in a contrary sense, and the report of a committee

of admirals appointed to consider, among other questions, "the

feasibility and expediency of cruisers making raids on an

enemy's coasts and unprotected towns for the purpose of levying

contributions," was to the effect that "there can be no doubt

about the feasibility of such operations by a maritime enemy

possessed of sufficient power; and as to the expediency, there

can be as little doubt but that any Power at war with Great

Britain will adopt every possible means of weakening her enemy;

and we know of no means more efficacious for making an enemy

feel the pinch of war than by thus destroying his property and

touching his pocket." (_Parl. Paper_, 1889 [c. 5632], pp. 4,

8.) The supposed hostile squadron had, it seems, received

express instructions "to attack any port in Great Britain."

(See more fully in the writer's _Studies in International Law_,

1898, p. 96.) The fifth letter was suggested by a Russian

protest against alleged Japanese action in 1904.

The subsequent history of this controversy, some account of

which will be found at the end of this section, has, it is

submitted, established the correctness of the views maintained

in it.

NAVAL ATROCITIES

Sir,--I trust we may soon learn on authority whether or no the enemies

of this country are conducting naval hostilities in accordance with the

rules of civilised warfare. I read with indignation that the _Spider_

has destroyed Greenock; that she announced her intention of "blowing

down" Ardrossan; that she has been "shelling the fine marine residences

and watering-places in the Vale of Clyde." Can this be true, and was

there really any ground for expecting that "a bombardment of the outside

coast of the Isle of Wight" would take place last night?

Your obedient servant,

T. E. HOLLAND.

Athenæum Club, August 7 (1888).

THE NAVAL MANOEUVRES

Sir,--In a letter which I addressed to you on the 7th inst. I ventured

to point out the discrepancy between the proceedings of certain vessels

belonging to Admiral Tryon's fleet and the rules of civilised warfare.

Your correspondent on board Her Majesty's ship _Ajax_ yesterday told us

something of the opinion of the fleet as to the bombardment and

ransoming of defenceless seaboard towns, going on to predict that, in a

war in which England should be engaged, privateers would again be as

plentiful as in the days of Paul Jones, and assuring us that in such a

war "not the slightest respect would be paid to old-fashioned treaties,

protocols, or other diplomatic documents." Captain James appears, from

his letter which you print to-day, to be of the same opinion as the

fleet, with reference both to bombardments and to privateers; telling us

also in plain language that "the talk about international law is all

nonsense."

Two questions are thus raised which seem worthy of serious

consideration. First, what are the rules of international law with

reference to the bombardment of open towns from the sea (I leave out of

consideration the better understood topic of privateering)? Secondly,

are future wars likely to be conducted without regard to international

law?

1. I need hardly say that I do not, as Captain James supposes, contend

"that unfortified towns will never be bombarded or ransomed."

International law has never prohibited, though it has attempted to

restrict, the bombardment of such towns. Even in 1694 our Government

defended the destruction of Dieppe, Havre, and Calais only as a measure

of retaliation, and in subsequent naval wars operations of this kind

have been more and more carefully limited, till in the Crimean war our

cruisers were careful to abstain from doing further damage than was

involved in the confiscation or destruction of stores of arms and

provisions. The principles involved were carefully considered by the

military delegates of all the States of Europe at the Brussels

Conference of 1874, and their conclusions, which apply, I conceive,

_mutatis mutandis_, to operations conducted by naval forces against

places on land, are as follows:--

"ARTICLE 15.--Fortified places are alone liable to be

besieged. Towns, agglomerations of houses, or villages which

are open or undefended cannot be attacked or bombarded."

"ARTICLE 16.--But if a town, &c., be defended, the commander

of the attacking forces should, before commencing a

bombardment, and except in the case of surprise, do all in his

power to warn the authorities."

"ARTICLE 40.--As private property should be respected, the

enemy will demand from parishes or the inhabitants only such

payments and services as are connected with the necessities of

war generally acknowledged, in proportion to the resources of

the country."

"ARTICLE 41.--The enemy in levying contributions, whether as

equivalents for taxes or for payments which should be made in

kind, or as fines, will proceed, as far as possible, according

to the rules of the distribution and assessment of the taxes

in force in the occupied territory. Contributions can be

imposed only on the order and on the responsibility of the

general in chief."

"ARTICLE 42.--Requisitions shall be made only by the authority

of the commandant of the locality occupied."

These conclusions are substantially followed in the chapter on the

"Customs of War" contained in the _Manual of Military Law_ issued for

the use of officers by the British War Office.

The bombardment of an unfortified town would, I conceive, be lawful--(1)

as a punishment for disloyal conduct; (2) in extreme cases, as

retaliation for disloyal conduct elsewhere; (3) for the purpose of

quelling armed resistance (not as a punishment for resistance when

quelled); (4) in case of refusal of reasonable supplies requisitioned,

or of a reasonable money contribution in lieu of supplies. It would, I

conceive, be unlawful--(1) for the purpose of enforcing a fancy

contribution or ransom, such as we were told was exacted from Liverpool;

(2) by way of wanton injury to private property, such as was supposed to

have been caused in the Clyde and at Folkestone, and _a fortiori_ such

as would have resulted from the anticipated shelling during the

night-time of the south coast of the Isle of Wight.

2. Is it the case that international law is "all nonsense," and that

"when we are at war with an enemy he will do his best to injure us: he

will do so in what way he thinks proper, all treaties and all so-called

international law notwithstanding"? Are we, with Admiral Aube, to speak

of "cette monstrueuse association de mots: les droits de la guerre"? If

so, _cadit quæstio_, and a vast amount of labour has been wasted during

the last three centuries. I can only say that such a view of the future

is not in accordance with the teachings of the past. The body of

accepted usage, supplemented by special conventions, which is known as

international law, has, as a matter of fact, exercised, even in time of

war, a re staining influence on national conduct. This assertion might

be illustrated from the discussions which have arisen during recent wars

with reference to the Geneva Conventions to the treatment of the wounded

and the St. Petersburg declaration against the use of explosive bullets.

The binding obligation of these instruments, which would doubtless be

classed by your correspondent with the fleet among "old-fashioned

treaties, protocols, and other diplomatic documents," has never been

doubted, while each party has eagerly endeavoured to disprove alleged

infractions of them.

The naval manoeuvres have doubtless taught many lessons of practical

seamanship. They will have done good service of another sort if they

have brought to the attention of responsible statesmen such questions as

those with which I have attempted to deal. It is essential that the

country should know the precise extent of the risks to which our

seaboard towns will be exposed in time of war, and it is desirable that

our naval forces should be warned against any course of action, in their

conduct of mimic warfare, which could be cited against us, in case we

should ever have to complain of similar action on the part of a real

enemy.

Your obedient servant,

T. E. HOLLAND.

Oxford, August 18 (1888).

THE NAVAL MANOEUVRES

Sir,--In my first letter I called attention to certain operations of the

_Spider_ and her consorts which seemed to be inspired by no principle

beyond that of doing unlimited mischief to the enemy's seaboard. In a

second letter I endeavoured to distinguish between the mischief which

would and that which would not be regarded as permissible in civilised

warfare. The correspondence which has subsequently appeared in your

columns has made sufficiently clear the opposition between the view

which seems to find favour just now in naval circles and the principles

of international law, as I have attempted to define them. The question

between my critics and myself is, in effect, whether the mediæval or the

modern view as to the treatment of private property is to prevail.

According to the former, all such property is liable to be seized or

destroyed, in default of a "Brandschatz," or ransom. According to the

latter, it is inviolable, subject only to certain well-defined

exceptions, among which reasonable requisitions of supplies would be

recognised, while demands of money contributions, as such, would not be

recognised.

The evidence in favour of the modern view being what I have stated it to

be is, indeed, overwhelming; but I should like to call special attention

to the _Manuel de Droit International à l'Usage des Officiers de l'Armée

de Terre_, issued by the French Government, as going even further than

the Brussels Conference in the restrictions which it imposes upon the

levying of requisitions and contributions. The Duke of Wellington, who

used to be thought an authority in these matters, wrote in 1844, with

reference to a pamphlet in which the Prince de Joinville had advocated

depredations on the English coasts:--

"What but the inordinate desire of popularity could have

induced a man in his station to write and publish an

invitation and provocation to war, to be carried on in a

manner such as has been disclaimed by the civilised portions

of mankind?"

The naval historian, Mr. Younge, in commenting on the burning of Paita,

in Chili, as far back as 1871, for non-compliance with a demand for a

money contribution (ultimately reduced to a requisition of provisions

for the ships), speaks of it as "worthy only of the most lawless pirate

or buccaneer, ... as a singular proof of how completely the principles

of civilised warfare were conceived to be confined to Europe."

Such exceptional acts as the burning of Paita, or the bombardment of

Valparaiso, mentioned by Mr. Herries, will, of course, occur from time

to time. My position is that they are so far stigmatised as barbarous by

public opinion that their perpetration in civilised warfare may be

regarded as improbable; in other words, that they are forbidden by

international law.

It is a further question whether the rules of international law on this

point are to be changed or disregarded in future. Do we expect, and are

we desirous, that future wars shall be conducted in accordance with

buccaneering precedent, or with what has hitherto been the general

practice of the nineteenth century? Your naval correspondents incline to

revert to buccaneering and thus to the introduction into naval coast

operations of a rigour long unknown to the operations of military forces

on land; but they do so with a difference. Lord Charles Beresford

(writing early in the controversy) asserts the permissibility of

ransoming and destroying, without any qualifying expressions; while

Admiral de Horsey would apparently only ask "rich" towns for

contributions, insisting also that a contribution must be "reasonable,"

and expressly repudiating any claim to do "wanton injury to property of

poor communities, and still less to individuals." In the light of these

concessions, I venture to claim Admiral de Horsey's concurrence in my

condemnation of most of the doings mentioned in my first letter,

although on the whole he ranges himself on the side of the advocates of

what I maintain to be a change in the existing law of war. Whether or no

the existing law needs revision is a question for politicians and for

military and naval experts. It is within my province only to express a

hope that the contradiction between existing law and new military

necessities (if, indeed, such contradiction exists) will not be solved

by a repudiation of all law as "nonsense"; and, further, that, if a

change of law is to be effected, it will be done with due deliberation

and under a sense of responsibility. It should be remembered that

operations conducted with the apparent approval of the highest naval

authorities, and letters in _The Times_ from distinguished admirals, are

in truth the stuff that public opinion, and in particular that

department of public opinion known as "international law," is made of.

The ignorance, by the by, which certain of my critics have displayed of

the nature and claims of international law is not a little surprising.

Some seem to identify it with treaties; others with "Vattel." Several,

having become aware that it is not law of the kind which is enforced by

a policeman or a County Court bailiff, have hastened, much exhilarated,

to give the world the benefit of their discovery. Most of them are under

the impression that it has been concocted by "bookworms," "jurists,"

"professors," or other "theorists," instead of, as is the fact, mainly

by statesmen, diplomatists, prize courts, generals and admirals. This

is, however, a wide field, into which I must not stray. I have even

avoided the pleasant by-paths of disquisition on contraband,

privateering, and the Declaration of Paris generally, into which some of

your correspondents have courteously invited me. I fear we are as yet

far from having disposed of the comparatively simple question as to the

operations which may be properly undertaken by a naval squadron against

an undefended seaboard.

I am, your obedient servant,

T. E. HOLLAND.

Llanfairfechan, August 27 (1888).

NAVAL BOMBARDMENTS OF UNFORTIFIED PLACES

Sir,--The protest reported to have been lodged by the Russian Government

against the bombardment by the Japanese fleet of a quarantine station on

the island of San-shan-tao, apart from questions of fact, as to which we

have as yet no reliable information, recalls attention to a question of

international law of no slight importance--viz. under what, if any,

circumstances it is permissible for a naval force to bombard an "open"

coast town.

In the first place, it may be hardly necessary to point out the

irrelevancy of the reference, alleged to have been made in the Russian

Note, to "Article 25 of The Hague Convention." The Convention and the

_Règlement_ annexed to it are, of course, exclusively applicable to "la

guerre sur terre." Not only, however, would any mention of a naval

bombardment have been out of place in that _Règlement_, but a proposal

to bring such action within the scope of its 25th Article, which

prohibits "the attack or bombardment of towns, villages, habitations, or

buildings which are not defended," was expressly negatived by the

Conference of The Hague. It became abundantly clear, during the

discussion of this proposal, that the only chance of an agreement being

arrived at was that any allusion to maritime warfare should be carefully

avoided. It was further ultimately admitted, even by the advocates of

the proposal, that the considerations applicable to bombardments by an

army and by a naval force respectively are not identical. It was, for

instance, urged that an army has means other than those which may alone

be available to a fleet for obtaining from an open town absolutely

needful supplies. The Hague Conference, therefore, left the matter where

it found it, recording, however, among its "pious wishes" (_voeux_)

one to the effect "that the proposal to regulate the question of the

bombardment of ports, towns, and villages by a naval force should be

referred for examination to a future conference."

The topic is not a new one. You, Sir, allowed me to raise it in your

columns with reference to the naval manoeuvres of 1888, when a

controversy ensued which disclosed the existence of a considerable

amount of naval opinion in favour of practices which I ventured to think

in contravention of international law. It was also thoroughly debated in

1896 at the Venice meeting of the Institut de Droit International upon a

report drafted by myself, as chairman of a committee appointed a year

previously. This report lays down that the restrictions placed by

international law upon bombardments on land apply also to those effected

from the sea, except that such operations are lawful for a naval force

when undertaken with a view to (1) obtaining supplies of which it is in

need; (2) destroying munitions of war or warships which may be in a

port; (3) punishing, by way of reprisal, violations by the enemy of the

laws of war. Bombardments for the purpose of exacting a ransom or of

putting pressure upon the hostile Power by injury to peaceful

individuals or their property were to be unlawful. The views of the

committee were, in substance, adopted by the Institut, with the omission

only of the paragraph allowing bombardment by way of reprisals.

I am, Sir, your obedient servant,

T. E. HOLLAND.

Oxford, April 2 (1904).

The "Hague Conference" and "Hague Convention" to which

reference was made in the last of these letters were, of

course, those of 1899.

For the action taken by the Institut de Droit International in

1895 and 1896, on the initiative of the present writer, see the

_Annuaire de l'Institut_, t. xiv p. 295, t. xv. pp. 145-151,

309, 317; and his _Studies in International Law_, pp. 106-111.

See also, at p. 104 of the same work, an opinion given by him

to the Chevalier Tindal as to the liability of The Hague to be

bombarded.

The later growth of opinion has been in accordance with the

views maintained by the writer of these letters, and with the

_Rapport_ drafted by him for the Institut. The Hague Conference

of 1899, though unable to discuss the subject, had registered a

_væu_ "that the proposal to regulate the question of the

bombardment of ports, towns and villages by a naval force may

be referred for examination to a future Conference." See _Parl.

Paper, Miscell._ No. 1 (1889), pp. 139, 146, 162, 165, 258,

283. At the Conference of 1907 a Convention, No. ix., was

accordingly signed and generally ratified, notably by Germany

and Great Britain, Art. 1 of which prohibits "the bombardment

by naval forces of ports towns, villages, houses, or buildings

which are not defended," Germany, France, Great Britain and

Japan dissenting from the second paragraph of this article,

which explains that a place is not to be considered to be

defended merely because it is protected by submarine

contact-mines. Bombardment is, however, permitted, by Art. 2,

of places which are, in fact, military or naval bases, and, by

Arts. 3 and 4, of places which refuse to comply with reasonable

requisitions for food needed by the fleet, though not for

refusal of money contributions. The _Acte Final_ of the

Conference further registers a _væu_ that "the Powers should,

in all cases, apply, as far as possible, to war at sea the

principles of the Convention concerning the laws and customs of

war on land." (_Parl. Paper, Miscell._ No. 1 (1908), p. 30.)

This Convention, No. iv. of 1907, in Art. 25 of the _Règlement_

annexed to it, lays down that "the attack or bombardment, by

whatsoever means, of towns, villages, habitations, or buildings

which are not defended is prohibited."

The British Government had, in 1907, so far departed from the

Admiralty views of 1888 as to instruct their delegates to the

Conference of that year to the effect that "the Government

consider that the objection, on humanitarian grounds, to the

bombardment of unfortified towns is too strong to justify a

resort to that measure, even though it may be permissible under

the abstract doctrines of international law [?]. They wish it,

however, to be clearly understood that any general prohibition

of such practice must not be held to apply to such operations

as the bombardment of towns or places used as bases or

storehouses of naval or military equipment or supply, or ports

containing fighting ships, and that the landing of troops, or

anything partaking of the character of a military or naval

operation, is also not covered."

It is hardly necessary to chronicle the indignation aroused by

the raids upon undefended coast towns carried out by German

cruisers during the war of 1914, in violation of modern

International Law and notwithstanding the German ratification

of Convention No. ix. of 1907.

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Letters to "The Times" upon War and Neutrality (1881-1920) · 第 14 / 17 章