第37章 THE MODERN LAWS OF WAR.(1)

In my last lecture I explained the detestation which newly-invented instrumentsof war sometimes occasioned in olden daysand of the severity with whichsoldiers who employed them were sometimes treatedThe Manual for the useof officers in the fieldon which I am basing these lecturesstates thegeneral rule on the subject of new warlike inventions in the following terms:

'With the exception of the means above stated to be prohibitedany instrumentsof destructionwhether open or concealedpartial or widespread in theireffectsshells of any weighttorpedoesminesand the likemay legitimatelybe employed against an enemyand seeing that the use is legitimatethereis no reason why the officers or soldiers employing them should be refusedquarteror be treated in a manner worse than other combatants.The meansabove stated to be prohibited are poisoning water or foodassassination,and the use of explosive bullets above certain weightIt is added that 'ahumane commander willso far as the exigencies war admitendeavour to providethat the effect of the explosion of a mine or a torpedo should extend tocombatants onlybut practically no rule can be laid down on the subject.'

The latest instance in which mines of an extent and destructiveness farexceeding the immediate object were usedwas one which attracted but littlenotice in this country owing to the distance of the locality atwhich theexplosion took placeIt happenedhoweverthat in the course of the advanceof the Russian armies through the Tartar countries to the frontier of Afghanistana well-known Russian commandermuch beloved and respectedGeneral Skobeleff,found his progress obstructed by a great fortification erected by a largetribe of TartarsThis was the fortress of Akhal Tekean enormous constructionof burnt clayIt would have taken much timeand cost many livesto attackit by any of the recognised methods of captureIt appearedhoweverthatthe tribe which had erected this fortress had no conception whatever of amineand Skobeleff passed several weeks before these walls in excavatingmines of an enormous extentAt lastthe besieged having no suspicion thatthey were likely to be attacked in any way except that known to themthemines were explodedand the greater part of the fortress and a vast numberof persons inside it were at once destroyedThe remainder of the tribe receivedvery severe treatment from the successful besiegersand but a small portionescapedIt is sad to think that this example of warlike severity was setby the general of the Power whichit would be only just to admithas donemost to mitigate the cruelties of warSkobeleff defended himself on theground that what he had done was true humanity rather than severityandthat 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 inthose countriesbe reducedButno doubtin all operations of war whichare conducted under the eyes of civilised menwho watch them through thepress and the telegraphthe practice is stated in these Manualsthat 'ahumane commander willso far as the exigencies of war admitendeavour toprovide that the effect of the explosion of a mine or a torpedo should extendto combatants onlybut practically,it is cautiously added'no rule canbe laid down on the subject.The general principle is -and this is theconclusion of all these writers -that in the mode of carrying on the warno greater harm shall be done to the enemy than necessity requires for thepurpose of bringing him to termsThis principle excludes gratuitous barbarities,and every description of cruelty and insult that serves only to exasperatethe sufferings or to increase the hatred of the enemy without weakening hisstrength or tending to produce his submission.