International Law
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第38章 THE MODERN LAWS OF WAR.(2)

An interesting question for us to ask ourselves iswhether in the futurehistory of warfare there is likely to be any such proscription of weaponsthrough sheer dislike or horror as was common in the Middle AgesI am myselfnot convinced but that hereafter there may be a very serious movement inthe world on the subject of some parts of the newly-invented armamentLetus just take into our consideration two new inventionswhich have shownthemselves capable of causing terrific destruction -two new implementsof naval warfarethe Ram and the TorpedoNeither has been extensively triedat present -one hardly at allAt the battle of Lissa in the Adriatic,on the coast of North America during the War of Secessionand also on thewestern coast of South Americathe ram has been triedand has proved tobe an instrument whose effects can hardly be measuredShips have been sunkin a moment or two by its useOf the use of the torpedohoweverwe havehardly any exampleAmong military and naval men there is still great controversyas to its effectivenessTorpedoes during the Russo-Turkish war were laiddown in the mouths of the Danube in great quantitiesbut the Russians hadno difficulty in removing them without injury to themselvesand all overthe World it is still a question whether the defence or the attackas thesewriters put itis the stronger in their caseIn this countryI think,which is confident of the possession of the most formidable forms of thisimplementthere is at present considerable belief in its effectiveness inwarbut in Franceon the other handthe opinion on the whole tends inthe other directionFrench naval writers maintain emphatically thatasyetit has not been proved that the torpedo is a weapon which can be usedon a large scale with safety by a naval combatantbut these French writershave raised a question which is extremely interestingto us with regardto the discussion which I am just closing'You must remember,says oneof thema celebrated French admiral'that a torpedo is used under waterand in the darkNoware you quite sure that you will always aim your attackagainst the ship which you intend to destroySuppose that the commanderof a torpedo fleet makes his way to a force of ships lying off a particularcoastand one of his torpedoes is successfully fixed to the vulnerable partsof one of themThe electric spark is appliedand the ship and everybodyon board it is blown into the air or sent into the depths of the seaSupposing,howeverimmediately afterwards it is discovered that the ship which hasbeen destroyed is a neutralperhaps one of the finest vessels of a friendlyPowerDo not you think that there would be a thrill of horror throughthecivilized worldand are you sure teat a combination of civilised nationswill not be formed which will condemn the torpedo to the same proscription,and perhaps by the same meansas far more merciful weapons were condemnedin the Middle Ages?For my partI think this reasoning exceedingly strong,and I am not yet convinced that warlike invention may not reach some pointat which the natural feelings of humanity will cause it to be arrested.

I pass now briefly to a portion of these Manuals which in spirit is agood deal connected with that which I am placing before youIt is the chapterwhich they contain on 'Spies and Stratagems.A spythey all sayin a militarysense is a person who is found in a district occupied by the enemy collectingsecretlyand in disguiseinformation respecting his condition and designs,with a view of communicating such information to the opposing forceSecrecyand disguise are the essential characteristics of a spy in the military sense.

An officer in uniformhowever nearly he approaches to the enemyor howeverclosely he observes his motionsis not a spyand if taken must be treatedas a prisoner of warSpies when taken are punishable with deatheitherby hanging or shootingThe services of spies must be secured by rewards,as no one can be called upon to undertake the office of spy as a matter ofduty or against his willA commander maycourseavail himself of informationif given by a traitorHow far he is justified in endeavouring to suborntreacheryis a more difficult questionSuch transactions are spill by Vattelto be not uncommonthough never boasted of by those who have entered onthemAn officer may feign to be a traitor for the purpose of ensnaring anenemy who attempts to corrupt his fidelitybut if he voluntarily makes overturesto the enemy under presence of being a traitorand then deceives the enemywith false informationhis conduct is dishonourableand contrary to thecustoms of warPrisoners of war cannot be punished or ill treated for refusingto disclose the number or condition of the body to which they belongFalseattacksthe dissemination of false information or pass-words when not perfidious,are permissible by the customs of warIndeedto take a town by surprise,or to turn a position by a stratagemis more glorious nowadays to a Generalthan to effect the object by forcein proportion as to win a great battlewith little slaughter is more creditable to the skill of the General thanto gain a bloody victoryIt musthoweverbe observed that no deceit isallowable where no express or implied engagement exists that the truth shouldbe acted or spokenTo violate such an engagement is perfidyand contraryalike to the customs of war and the dictates of honourFor exampleit isa gross breach of faith and an outrage against the customs of war to hoista Hospital flag on buildings not appropriated to the woundedor to use aplace protected by a Hospital flag for any other purpose than a Hospital.