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Bombardment by Naval Forces

Published online by Cambridge University Press:  04 May 2017

James Brown Scott
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Extract

Among the six voeux to be found in the final act of the First Hague Peace Conference is the following:

The conference expresses the wish that the proposal to settle the question of the bombardment of ports, towns, and villages by a naval force may be referred to a subsequent conference for consideration.

Type
Research Article
Information
American Journal of International Law , Volume 2 , Issue 2 , April 1908 , pp. 285 - 294
Copyright
Copyright © American Society of International Law 1908

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References

1 Hall, International Law, 5th ed., 533, note 2.

2 Raikes, Correspondence, p. 367, quoted from the Annuaire de l’Institut du Droit International, 15:149.

3 La guerre maritimes et les ports militaires de la France, Vol. L., pp. 314–346.

4 Loc. cit., p. 331.

5 Hall, International Law, 5th ed., 556, note 2. For an elaborate statement of this unjustifiable and unjustified bombardment, see Moore's International Law Digest, § 1170.

6 If articles are requisitioned which are not needed for the efficiency of the force, such as articles of luxury, of articles which will not be used by it, but will be turned into money, a disguised contribution is of course levied, and the propriety or impropriety of the demand must be judged by the test of the propriety or the impropriety of contributions.

7 ART. 33. The commander of the attacking troops ought, except in case of assault, before beginning a bombardment, to do all he can to advise the local authorities.

ART. 34. In case of bombardment all needful measures shall be taken to spare, if it be possible to do so, buildings devoted to religion and charity, to the arts and sciences, hospitals and depots of sick and wounded. This on condition, however, that such places be not made use of, directly or indirectly, for purposes of defense.

It is the duty of the besieged to designate such buildings by suitable marks or signs, indicated in advance to the besieger.

8 ART. 56. Impositions in kind (requisitions), levied upon communes, or the residents of invaded districts, should bear direct relation to the generally recognized necessities of war, and should be in proportion to the resources of the district. Requisitions can only be made, or levied, with the authority of the commanding officer of the occupied district.

ART. 58. The invader can not levy extraordinary contributions of money, save as an equivalent for fines or imposts not paid or for payments not made in kind. Contributions in money can only be imposed by the order, and upon the responsibility, of the general in chief, or that of the superior civil authority established in the occupied territory; and then, as nearly as possible, in accordance with the rule of apportionment and assessment of existing imposts.

9 Hall, International Law, 5th ed., p. 536, note 3.