Political Quotes

Thomas Erskine Holland

The Public Record

Sir Thomas Erskine Holland KC, FBA was a British jurist.

The commander of invading forces may, for valid reasons of his own, pay cash for any property which he takes, and, if he does not do so, is nowadays expected to give receipts for it.

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What steps should be taken by a Government towards indemnifying enemies who have subsequently become its subjects, as is now happily the case in South Africa, is a question not of international law, but of grace and favour.

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It may be worth while to contrast with the attitude of a writer who seems unable to distinguish between economic pressure and physical cruelty that taken up by a competent body, the large majority of the members of which belong to nations…

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Prisoners who after succeeding in escaping are again taken prisoners are not liable to any punishment for their previous flight.

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ARTICLE 12.--Any prisoner of war who is liberated on parole and recaptured bearing arms against the Government to which he had pledged his honour, or against the allies of that Government, forfeits his right to be treated as a prisoner of…

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ARTICLE 77.--A prisoner of war may be shot or otherwise killed in his flight; but neither death nor any other punishment shall be inflicted on him simply for his attempt....

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First, what are the rules of international law with reference to the bombardment of open towns from the sea (I leave out of consideration the better understood topic of privateering)?

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Secondly, are future wars likely to be conducted without regard to international law?

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Towns, agglomerations of houses, or villages which are open or undefended cannot be attacked or bombarded.

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I can only say that such a view of the future is not in accordance with the teachings of the past.

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The body of accepted usage, supplemented by special conventions, which is known as international law, has, as a matter of fact, exercised, even in time of war, a re staining influence on national conduct.

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The question between my critics and myself is, in effect, whether the mediæval or the modern view as to the treatment of private property is to prevail.

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According to the latter, it is inviolable, subject only to certain well-defined exceptions, among which reasonable requisitions of supplies would be recognised, while demands of money contributions, as such, would not be recognised.

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What but the inordinate desire of popularity could have induced a man in his station to write and publish an invitation and provocation to war, to be carried on in a manner such as has been disclaimed by the civilised portions of mankind?

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My position is that they are so far stigmatised as barbarous by public opinion that their perpetration in civilised warfare may be regarded as improbable; in other words, that they are forbidden by international law.

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It is a further question whether the rules of international law on this point are to be changed or disregarded in future.

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Do we expect, and are we desirous, that future wars shall be conducted in accordance with buccaneering precedent, or with what has hitherto been the general practice of the nineteenth century?

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Bombardments for the purpose of exacting a ransom or of putting pressure upon the hostile Power by injury to peaceful individuals or their property were to be unlawful.

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It neither attacked nor defended the bombardment, but, solely in the interests of clear thinking, indicated the desirability of keeping distinct the three points of view from which the topic may be regarded, viz.: (1) of international law…

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The words may, however, be read as meaning that the decision of the neutral country, as to the propriety of its conduct, is final, and not to be questioned by other Powers.

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An assertion to this effect would obviously be the negation of the whole system of international law, of which Professor de Martens is so great a master, resting, as that system does, not on individual caprice, but upon the agreement of…

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The last word, with reference to the propriety of the conduct of any given State, rests, of course, not with that State; but with its neighbours.

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Securus indicat orbis terrarum." Any Power which fails in the discharge, to the best of its ability, of a generally recognised duty, is likely to find that self-satisfaction is no safeguard against unpleasant consequences.

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It may remain a quiescent spectator of evil, or, if strong enough and indignant with the wrongdoing, may endeavour to abate the mischief by remonstrance, and, in the last resort, by taking sides against the offender.

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Let us hope that at the present crisis the United States may see their way to choosing the better part.

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Politicians like Thomas Erskine Holland