[亨利梅因：国际法Lecture6]LECTURE VI. THE DECLARATION OF PARIS.One point of considerable interest in International Law is the very different degree of durability which the various parts...+阅读

LECTURE VIII. THE MODERN LAWS OF WAR.

In my last lecture I explained the detestation which newly-invented instruments of war sometimes occasioned in olden days， and of the severity with which soldiers who employed them were sometimes treated. The Manual for the use of officers in the field， on which I am basing these lectures， states the general rule on the subject of new warlike inventions in the following terms：'With the exception of the means above stated to be prohibited. any instruments of destruction， whether open or concealed， partial or widespread in their effects， shells of any weight， torpedoes， mines， and the like， may legitimately be employed against an enemy； and seeing that the use is legitimate， there is no reason why the officers or soldiers employing them should be refused quarter， or be treated in a manner worse than other batants.' The means above stated to be prohibited are poisoning water or food， assassination， and the use of explosive bullets above certain weight. It is added that 'a humane mander will， so far as the exigencies war admit， endeour to provide that the effect of the explosion of a mine or a torpedo should extend to batants only， but practically no rule can be laid down on the subject.'

The latest instance in which mines of an extent and destructiveness far exceeding the immediate object were used， was one which attracted but little notice in this country owing to the distance of the locality at； which the explosion took place. It happened， however， that in the course of the advance of the Russian armies through the Tartar countries to the frontier of Afghanistan a well-known Russian mander， much beloved and respected， General Skobeleff， found his progress obstructed by a great fortification erected by a large tribe of Tartars. This was the fortress of Akhal Teke， an enormous construction of burnt clay. It would he taken much time， and cost many lives， to attack it by any of the recognised methods of capture. It appeared， however， that the tribe which had erected this fortress had no conception whatever of a mine， and Skobeleff passed several weeks before these walls in excating mines of an enormous extent. At last， the besieged hing no suspicion that they were likely to be attacked in any way except that known to them， the mines were exploded， and the greater part of the fortress and a vast number of persons inside it were at once destroyed. The remainder of the tribe received very severe treatment from the successful besiegers， and but a small portion escaped. It is sad to think that this example of warlike severity was set by the general of the Power which， it would be only just to admit， has done most to mitigate the cruelties of war. Skobeleff defended himself on the ground that what he had done was true humanity rather than severity， and that in no other way could a tribe which was not only formidable in war， but had done much to prevent the even temporary establishment of peace in those countries， be reduced. But， no doubt， in all operations of war which are conducted under the eyes of civilised men， who watch them through the press and the telegraph， the practice is stated in these Manuals， that 'a humane mander will， so far as the exigencies of war admit， endeour to provide that the effect of the explosion of a mine or a torpedo should extend to batants only； but practically，' it is cautiously added， 'no rule can be laid down on the subject.' The general principle is —— and this is the conclusion of all these writers —— that in the mode of carrying on the war no greater harm shall be done to the enemy than necessity requires for the purpose of bringing him to terms. This principle excludes gratuitous barbarities， and every deion of cruelty and insult that serves only to exasperate the sufferings or to increase the hatred of the enemy without weakening his strength or tending to produce his submission.

An interesting question for us to ask ourselves is， whether in the future history of warfare there is likely to be any such proion of weapons through sheer dislike or horror as was mon in the Middle Ages. I am myself not convinced but that hereafter there may be a very serious movement in the world on the subject of some parts of the newly-invented armament. Let us just take into our consideration two new inventions， which he shown themselves capable of causing terrific destruction —— two new implements of nal warfare， the Ram and the Torpedo. Neither has been extensively tried at present —— one hardly at all. At the battle of Lissa in the Adriatic， on the coast of North America during the War of Secession， and also on the western coast of South America， the ram has been tried， and has proved to be an instrument whose effects can hardly be measured. Ships he been sunk in a moment or two by its use. Of the use of the torpedo， however， we he hardly any example. Among military and nal men there is still great controversy as to its effectiveness. Torpedoes during the Russo-Turkish war were laid down in the mouths of the Danube in great quantities， but the Russians had no difficulty in removing them without injury to themselves； and all over the World it is still a question whether the defence or the attack， as these writers put it， is the stronger in their case. In this country， I think， which is confident of the possession of the most formidable forms of this implement， there is at present considerable belief in its effectiveness in war； but in France， on the other hand， the opinion on the whole tends in the other direction. French nal writers maintain emphatically that， as yet， it has not been proved that the torpedo is a weapon which can be used on a large scale with safety by a nal batant； but these French writers he raised a question which is extremely interesting， to us with regard to the discussion which I am just closing. 'You must remember，' says one of them， a celebrated French admiral， 'that a torpedo is used under water and in the dark. Now， are you quite sure that you will always aim your attack against the ship which you intend to destroy？ Suppose that the mander of a torpedo fleet makes his way to a force of ships lying off a particular coast， and one of his torpedoes is successfully fixed to the vulnerable parts of one of them. The electric spark is applied， and the ship and everybody on board it is blown into the air or sent into the depths of the sea！ Supposing， however， immediately afterwards it i

s discovered that the ship which has been destroyed is a neutral， perhaps one of the finest vessels of a friendly Power！ Do not you think that there would be a thrill of horror through the civilized world， and are you sure teat a bination of civilised nations will not be formed which will condemn the torpedo to the same proion， and perhaps by the same means， as far more merciful weapons were condemned in the Middle Ages？' For my part， I think this reasoning exceedingly strong， and I am not yet convinced that warlike invention may not reach some point at 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 a good deal connected with that which I am placing before you. It is the chapter which they contain on 'Spies and Stratagems.' A spy， they all say， in a military sense is a person who is found in a district occupied by the enemy collecting secretly， and in disguise， information respecting his condition and designs， with a view of municating such information to the opposing force. Secrecy and disguise are the essential characteristics of a spy in the military sense. An officer in uniform， however nearly he approaches to the enemy， or however closely he observes his motions， is not a spy， and if taken must be treated as a prisoner of war. Spies when taken are punishable with death， either by hanging or shooting. The services of spies must be secured by rewards， as no one can be called upon to undertake the office of spy as a matter of duty or against his will. A mander may， course， ail himself of information if given by a traitor. How far he is justified in endeouring to suborn treachery， is a more difficult question. Such transactions are spill by Vattel to be not unmon， though never boasted of by those who he entered on them. An officer may feign to be a traitor for the purpose of ensnaring an enemy who attempts to corrupt his fidelity； but if he voluntarily makes overtures to the enemy under presence of being a traitor， and then deceives the enemy with false information， his conduct is dishonourable， and contrary to the customs of war. Prisoners of war cannot be punished or ill treated for refusing to disclose the number or condition of the body to which they belong. False attacks， the dissemination of false information or pass-words when not perfidious， are permissible by the customs of war. Indeed， to take a town by surprise， or to turn a position by a stratagem， is more glorious nowadays to a General than to effect the object by force， in proportion as to win a great battle with little slaughter is more creditable to the skill of the General than to gain a bloody victory. It must， however， be observed that no deceit is allowable where no express or implied engagement exists that the truth should be acted or spoken. To violate such an engagement is perfidy， and contrary alike to the customs of war and the dictates of honour. For example， it is a gross breach of faith and an outrage against the customs of war to hoist a Hospital flag on buildings not appropriated to the wounded， or to use a place protected by a Hospital flag for any other purpose than a Hospital.

The opinion here expressed， that successes gained through a spy are more creditable to the skill of a mander than successes in drawn battles， was very largely held in the last century， and military writers of great celebrity he left accounts of the successful use which they made of spies and their services. Frederick the Great of Prussia， in November 1760， published Military Instructions for the use of his Generals， which were based on a wide practical knowledge of the matter. He classed spies as 'ordinary spies，' 'double spies，' 'spies of distinction，' and 'spies by pulsion.' By 'double spies' he meant spies who also pretended to be in the service of the side they betrayed； by ' spies of distinction' he meant officers of Hussars whose services he found useful under the peculiar circumstances of an Austrian campaign. When he could not procure himself spies among the Austrians owing to the careful guard which their light troops kept around their camp， the idea occurred to him， and he acted on it with success， of utilizing the suspension of arms that was customary after a skirmish between Hussars， to make those officers the means of conducting epistolary correspondence with the officers on the other aide. 'Spies of pulsion' he explained in this way. When you wish to convey false information to an enemy， you take a trustworthy soldier and pel him to pass to the enemy's camp to represent there all that you wish the enemy to believe. You also send by him letters to excite the troops to desertion； and in the event of its being impossible to obtain information about the enemy， Frederick prescribes the following： choose some rich citizen who has land and a wife and children， and another man， disguised as his servant or coachman， who understands the enemy's language. Force the former to take the latter with him to the enemy's camp to plain of injuries sustained， threatening him that if he fails to bring the man back with him after hing stayed long enough for the desired object his wife and children shall be hanged and his house burnt. 'I was myself，' he adds， 'constrained to he recourse to this method， and it succeeded.' The humanity and good faith of Frederick the Great he never been celebrated； but how much of these principles survive to our own times we can gather from Lord Wolseley's 'Soldier's Pocket Book.' 'The best way，' he suggests， 'to send out a spy is to send a peasant with a letter written on very thin paper， which maybe rolled up so tightly as to be portable in a quill an inch and a half long， and this precious quill may be hidden in the hair or beard， or in a hollow at then end of a walking stick. It is also a good plan to write secret correspondence in lemon juice across a newspaper or the lees of the New Testament. It is then safe against discovery， and will bee legible when held before a fire or near a red-hot iron. As a nation，' adds Lord Wolseley， 'we are brought up to feel it a disgrace even to succeed by falsehood. The word "spy" conveys something as repulsive as "sle." We keep hammering along with the conviction that "honesty is the best policy，" and that truth always wins in the long run. These sentiments do well for a copy-book， but a man who acts upon them had better sheath his sword for ever.'

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