make use of them, International Law in no way forbids such a piece of heroic self-sacrifice. The action of the two hundred thousand inhabitants of Moscow who in 1812 quitted their city, and allowed it to be given to the flames in order that it might not afford safe winter quarters to the invading French, has always been regarded as a splendid exhibition of patriotism. Even utter destruction of large tracts of fertile country has been applauded, when it was the only way to stop the advance of a relentless enemy. Thus when the Dutch in the crisis of their war of independence cut on several occasions the dykes that kept out the sea, and restored whole districts to the waves rather than allow the Spaniards to subdue them, they were not deemed to have violated the laws of war, but, on the contrary, were praised for their determination and devotion. A broad distinction must be drawn between devastation by an enemy and devastation by a population to repel an enemy. A highspirited nation may prefer material ruin to political degradation. Its noble resolution will evoke universal admiration and respect. But very different feelings await the invader who strives to advance his cause by turning a smiling country into a barren wilderness. Such warfare is unworthy of civilized beings and calls for the sternest reprobation. The only destruction permissible is that which is "imperatively required by the necessity of war."1 Even in bombardments it is now deemed necessary to spare as far as possible churches, museums and hospitals, and not to direct the artillery upon the quarters inhabited by civilians, unless it is impossible to avoid them in firing at the fortifications and military buildings.2 Open and undefended places should not be bombarded at all; and recent proposals to extort large sums from rich and defenceless coast towns, by the agency of a squadron whose guns should lay them in ruins in case

1 Brussels Code, Art. 13.

2 Brussels Code, Arts. 15-17; Manual of the Institute of International Law, Arts. 31-34.

of refusal, are retrogade and barbarous. The power which acted upon them would expose itself to severe reprisals, incur the enmity of neutrals, whose property would assuredly be damaged in the general destruction, and in all probability render the vessels entrusted with the task an easy prey to a defending fleet when their ammunition was exhausted by their abominable work. There is little real danger of a return to the cruel and predatory coast warfare of the Middle Ages.

§ 230.

The last rule we have to lay down with regard to the methods adopted in warfare is that

Stratagems are allowable unless they violate good faith.

Stratagems allowed except when they violate good faith.

ner.

them.

Tricks and deceits are strictly forbidden in the mutual intercourse of peaceful life, but in war they are permitted, and every belligerent must be on his guard against Their lawfulness depends upon the answer to the question whether they are violations of express or tacit understandings. In peace we expect our fellows to treat us in an open and considerate manIn war we expect advantage to be taken of our defects and misfortunes. But even in the midst of hostilities there is a general understanding that belligerents shall refrain from attempts to hoodwink one another with regard to certain matters, and it is as immoral to violate these conventions as it would be to lie and cheat in ordinary society. A national or regimental flag, for instance, means that those who use it are members of the forces of the state to which it belongs, and any attempt on the part of foes to hoist it in battle for the purpose of luring troops to their destruction is justly characterized by the American Instructions as "an act of perfidy by which they lose all claim to the protection

1 Hall, International Law, §§ 140,* 186.

of the laws of war."1 Similarly it is a breach of a universally accepted understanding, and therefore infamous, to use the Geneva Cross as a protection for magazines, to attract an adversary by signals of distress and then attack him, or to withdraw an army under cover of negotiations for its surrender. But other stratagems, such as leading the enemy into an ambush, deceiving him by false intelligence, or making feints in order to withdraw his attention from the real point of attack, are perfectly innocent, because they are no violations of the tacit agreement which underlies civilized warfare, and every general knows that he must guard against them by his own vigilance. The understanding to which we refer includes two somewhat arbitrary rules, which are nevertheless generally received and must therefore be acted upon by honorable belligerents. A ship of war may approach another vessel under false colors, but it must run up its true flag before it fires the first shot; and troops may be clothed in the uniform of the enemy in order to creep unrecognized or unmolested into his position, but during the actual conflict they must wear some distinctive badge to mark them off from the soldiers they assail.

1 Instructions for the Government of Armies of the United States in the Field, Art. 65.

CHAPTER VII.

THE NON-HOSTILE INTERCOURSE OF BELLIGERENTS.

§ 231.

DURING war a certain amount of more or less amicable intercourse takes place between the belligerents. We can

Non-hostile intercourse can be carried on during

war.

not call it pacific, because it presupposes the existence of hostilities. On the other hand, it certainly is not warlike, for it involves at least the temporary cessation of active operations on the part of the combatants, or some of them. We are therefore obliged to characterize it as non-hostile, an epithet which has the merit of expressing exactly what we mean, though it is by no means smooth and euphonious. The amount of such intercourse which takes place depends upon the wishes of the belligerents, and therefore varies not only from war to war, but also in different periods of the same war and in different parts of the same theatre of hostilities. It is divided into several kinds, the chief of which we will consider in due order. It is impossible to give all because they are so numerous and so frequently modified by the incessant changes of warfare. Such words and phrases as "safeguards," "licenses to reside," "grants of asylum," and others of a like kind, carry with them their own explanation. Moreover, the things they signify are hardly important enough to be placed in a class by themselves.

I

are

§ 232.

The first of the commercia belli with which we have to do

Flags of Truce.

Flags of Truce.

These are white flags used by one side as a signal that it desires a parley with the other. Article 43 of the Brussels Code declares that "An individual authorized by one of the belligerents to confer with the other, on presenting himself with a white flag, accompanied by a trumpeter, bugler or drummer, or also by a flag-bearer, shall be recognized as the bearer of a flag of truce." If necessary, an interpreter may be added. The party enjoys "the right of inviolability," that is to say, its members may not be subjected to personal injury or detained as prisoners. But the obligation to refrain from molesting them is not absolute. A commander may give notice to his opponent that he will for a certain period decline to receive flags of truce, and if the enemy continues to send them in spite of this notification, they may be fired upon. Their bearers may be blindfolded in cases where there is no question of excluding them, and they are held bound in honor not to take advantage of their position for the purpose of obtaining military information, whether or no physical means are used to hinder them. But if important movements are on foot, and it is impossible that they should have failed to acquire some knowledge of them by the evidence of their own senses, they may be kept in honorable detention for a little while, till the operations are over, or till it is no longer necessary to keep them secret. Anything approaching to treachery on the part of the bearer of a flag of truce deprives him of personal inviolability. If he purchases plans, or incites soldiers to desertion, or attempts to sketch defences, he may be deprived of liberty, or, in extreme cases, executed as a spy. These rules apply mutatis mutandis to naval warfare. At sea flags of truce are sent in boats, and are met by boats fly