There may be members of the Institut who do not give up the hope that some day, thanks to the progress of civilisation, humanity will succeed in substituting an organised international justice for the wars which now-a-days take place…
Thomas Erskine Holland
The Public Record
Sir Thomas Erskine Holland KC, FBA was a British jurist.
The general recognition of these principles, and of those also which relate to prisoners, would mark a distinct step of progress towards the goal pursued with so honourable a persistency by the Institut de Droit International.
I am of opinion that in war, where everything must be individual, the only articles which will prove efficacious are those which are addressed specifically to commanders.
Never will an article learnt by rote persuade soldiers to see a regular enemy (sections 2-4) in the unorganised population which takes up arms 'spontaneously' (so of its own motion) and puts them in danger of their life at every moment of…
It has long been a universally recognised custom of warfare that a flag of truce must not be fired on, and yet we have seen that rule violated on several occasions during the late war.
No, you must attack all the resources of the enemy's Government: its finances, its railways, its stores, and even its prestige.
The greatest kindness in war is to bring it to a speedy conclusion.
It is impossible for the soldier who endures sufferings, hardships, fatigues, who meets danger, to take only 'in proportion to the resources of the country.' He must take whatever is needful for his existence.
Only compare the horrors of the Thirty Years' War with the struggles of modern times.
This being so, it is necessary to recognise also that increased humanity in the mode of making war has in reality followed upon the gradual softening of manners.
Success can come only from the religious moral education of individuals and from the feeling of honour and sense of justice of commanders who enforce the law and conform to it so far as the exceptional circumstances of war permit.
What neutral States would ever take up arms for the sole reason that, two Powers being at war, the 'laws of war' had been violated by one or both of the belligerents?
Every law presupposes an authority to superintend and direct its execution, and international conventions are supported by no such authority.
But I go further, and think the softening of manners can alone bring about this result, which cannot be attained by a codification of the law of war.
Without war the world would stagnate, and lose itself in materialism.
In it the noblest virtues of mankind are developed; courage and the abnegation of self, faithfulness to duty, and the spirit of sacrifice: the soldier gives his life.
War is an element in the order of the world ordained by God.
Perpetual peace is a dream, and it is not even a beautiful dream.
States differ so widely in offensive power and vulnerability that it would be hardly advisable thus to fetter the liberty of action of a State which considers itself to have been injured.
It has now come to cover, and it is the only term which does cover generically, an indeterminate list of unfriendly acts, such as embargo, pacific blockade, seizure of custom-houses, and even occupation of territory, to which resort is had…
It is surely desirable that henceforth Great Britain should know, and that other nations should at least have the means of knowing, for certain, whether she is at war or at peace.
Great Britain, for one, has no desire for an acre of new territory on the American continent.
Pacific reprisals should also, according to the tendency of modern opinion and practice, be so applied as not to interfere with the interests of third Powers and their subjects.
The justification of a resort either to reprisals or to war, in any given case, depends, of course, upon the nature of the acts complained of, and upon the validity of the excuses put forward either for the acts themselves, or for failure…
To localise hostile pressure as far as possible, and to give to it such a character as shall restrict its incidence to the peccant State, is surely in the interest of the general good.





