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(2) War necessity, i. e., the military necessity which has reference to the general ends of warfare, such as a campaign, the siege of a city, devastation, etc. Such necessity was recognized and amply provided for in the Hague Rules.
(3) Military necessity with reference to particular military operations, such as ruses of warfare, the capture or destruction of property, the treatment of prisoners of war, etc. This form of necessity is only applicable in the few instances where there is an express reservation, as in case of the Hague Rules, Art. 23g.
(4) Necessity proper (Notstand), or the extreme need of self-preservation, as, for example, the killing of prisoners because of a lack of provisions. Doctor Strupp appears to believe that it is even justifiable under certain circumstances to allow prisoners to starve in the course of military operations (p. 7). If this or similar doctrines are generally held in Germany, the possibilities of the future are too fearful to contemplate.
Because of lack of time and space we cannot follow the author's views in detail. Suffice it to say that he treats his subject in scholarly fashion, cites good authorities, and furnishes each article of the Hague and Geneva Regulations with an appropriate commentary. There is little to criticise adversely, except in the few instances where he permits himself to refer to events connected with the invasion of Belgium. Thus, his discussion of reprisals (pp. 31-36) is very fair and satisfactory. He even condemns preventive reprisals or "acts of frightfulness" which have as their object the spreading of terror, though he does not refer to Belgium in this connection. But in a note on page 9 he cannot resist the temptation of recording his conviction (again without evidence) that the blame for the destruction of Louvain lies wholly at the door of its deluded inhabitants, thus adding insult to injury.
However, it should be said in justice to Dr. Strupp that had the German military authorities known and followed the teachings contained in his manual, they would not now stand discredited and anathematized by almost the entire civilized world.
The book is provided with an index, a list of authorities, numerous select bibliographies, and an appendix containing Dr. Lieber's "Instructions for the Government of the Armies of the United States in the Field," the "Laws of Warfare on Land," published by the Institute on International Law in 1880, and the French texts of the Hague Regulations of 1899 and 1907.
Amos S. Hershey.
Die Funkentekgrafie im Rechi. By R. Thurn. Berlin and Munich: J. Schweitzer. 1913. pp. 150.
This monograph is a handy resume of the progress made down to July, 1913, in the development, locally and internationally, of the law applicable in peace and in war to radiotelegraphy. The author starts with the pious voeu that this new means of intercommunication may serve to bind the nations together in peace under a community of law. Reflecting upon the events which have occurred since the book was written and the novel difficulties and unsuspected causes of friction to which radio communication has given rise, not to mention its contribution in "speeding up" warfare and thus increasing the terror and destructiveness of war, the author's hopes, though penned less than two years ago, appear naive, if not pathetic.
The introduction consists of a general analysis of radiotelegraphy in its relation to the science of law. Part I brings down to 1913 the legislation passed in the most important countries of the world. It is interesting to note in this connection that though the United States was the last among the Powers to subject radiotelegraphy to governmental control, it was the first to compel its installation on board sea going vessels.
The second part of the book consists of a critical examination of the principles of international law applicable to radiotelegraphy developed by the Institute and by individual pioneers in this field. Many of the liberal rules favored by the Institute were brushed aside even before the present war; especially where precedents are scant, one must expect great variance between the ideality of principle and the reality of practice.
Perhaps the most interesting portion deals with the rights and duties of neutrals. The communication sent to a land station at Hongkong on March 31, 1905, by the commander of the British cruiser Iphigenia to announce his encounter with the Russian Baltic squadron is designated as a violation of strict neutrality. Scholz uses the stronger term "unneutral." On the other hand, the author justifies the protest of Japan against the action of China in permitting wireless communication between Port Arthur and the Russian consulate at Chefu after the cable had been cut. The author's summary of the duties of neutrals over land stations within their territory substantially coincides with the practice adopted by the United States in the present struggle (p. 72). The correct position of a neutral toward messages known to be contraband passing through its airspace, though not intended for its land stations, presents an interesting problem. The author upholds the right but not the duty to interrupt such messages (p. 79). Contrary to the opinion of some writers, he fails to find a breach of blockade on the part of a neutral vessel upon the high seas, or in a neutral port, in communicating by wireless with the land stations of a blockaded belligerent (p. 79).
Arthur K. Kdhn.
Die Geschichte der Pan-Amerikanischen Bewegung mil besonderer Berucksichligung ihrer volkerrechtlichen Bedeutung. By Dr. Robert Biichi. Breslau: J. U. Kern's Verlag. 1914. pp. xvi, 189.
This little book is the second of a series of international law monographs published by Doctors Schticking and Wehberg. It is divided into four parts. The first discusses America and International Law; the second, the History of Pan-Americanism; the third, the Organization of Central America; and the fourth, Pan-Americanism and the policy of the United States.
Part one begins with a study of America's entrance into the community of nations and her acceptance of the principles of international law in force in Europe. He says: "Aber Amerika hat nicht nur die Prinzipien des damals in Europa geltenden Volkerrechts akzeptiert und angewendet, es hat auch einen ganz hervorragenden Anteil an dessen Weiterbildung genommen und manche liberalen Grundsatze aufgestellt und entwickelt. * * * Die Prophezeiung Jeffersons, Amerika verde Europa Unterricht erteilen, hat sich erfiillt." He then reviews America's contribution to the theory of neutrality and to the recognition of de facto governments, and her protest against intervention in the affairs of other states. America's influence on privateering and prize law and on arbitral jurisdiction also form parts of the so-called American international law.
The Pan-American movement is traced in part two, which begins with an enthusiastic commendation of James G. Blaine for initiating the series of Pan-American conferences, the first of which met at Washington late in 1889. After a brief statement of its composition and organization, its procedure is reviewed and the most important problems with which it dealt are explained, especially its work on behalf of international arbitration, and its organization of the Bureau of American Republics. Dr. Btichi's enumeration of the important results of this first conference concludes with the words of Mr. Blaine at the closing session:
If this Congress had only one of its acts to be proud of, we should dare to call the world's attention to the reasoned, confiding, and solemn consecration, by the two vast continents, of the maintenance of peace, and of prosperity, the offspring of peace. We look upon this new Magna Charta which suppresses war and substitutes arbitration among American Republics in its place as the first result, and the most important one, of the International American Congress.
The Washington conference made no provision for the calling of a future conference, but in his annual message of December, 1899, President McKinley said, "it would seem expedient that the various Republics constituting the Union should be invited to hold, at an early date, another conference in the capital of one of the countries other than the United States, which has already enjoyed this honor." This suggestion led to the meeting in the City of Mexico of the second Pan American Conference, late in 1901. This is reviewed much as the first. Among the important results are recorded the obligatory arbitration treaty signed by the delegates of nine of the republics, the project for codifying international law, and the reorganization of the Bureau of American Republics. A resolution of this conference provided for the summoning of a third within five years.
The third Pan American Conference was called to meet at Rio de Janeiro in July, 1906. The official visit of Elihu Root, Secretary of State of the United States, to this conference had a very salutary effect on the attitude of the Latin American states toward the United States. In addition to matters considered by the two preceding conferences, one of the most important was that of the forcible collection of public debts, which between this and the preceding conference had assumed such a threatening aspect for the Latin American states. The Calvo Doctrine and the Drago Doctrine and the bearing of the Monroe Doctrine are all discussed. This conference passed a resolution declaring that the governing board of the International Bureau of American Republics should select the place where the fourth conference should be held, which should occur within five years.
Buenos Ayres was the place and July, 1910, the time selected for the last meeting. The International Bureau was again reorganized, this time taking the name which it now has, the Pan-American Union. Much is said of its influence and usefulness. Many matters of importance were considered under about the same headings as those already mentioned for preceding conferences.
Part three covers only fourteen pages and reviews the relations of the Central American states with each other, since their independence in 1821 and their formation of a federated republic in 1823. The greatest prominence is given to the Central American Peace Conference held in Washington in 1907, and the provision for the erection of a Central American Palace of Justice. A second Central American conference in Salvador in 1910, a third in Guatemala in 1911, and a fourth in Nicaragua in 1912 are briefly reviewed.
Part four covering the last dozen pages studies the policy of the United States with reference to the Pan-American movement. The great antagonisms between Latin America and Anglo Saxon America has had much to do with preventing the Pan-American movement hitherto resulting in very great positive good. Besides several minor causes of this antagonism, he mentions the Monroe Doctrine and the desire of the United States to exercise a hegemony over the Latin American states, which the latter seriously mistrust. The nearness of South America to Europe and the persistence of a Latin American ideal in contradistinction to the Pan-American ideal of the United States are other causes for the lack of harmonious cooperation.
Frequent citations to numerous official reports, public documents, and books in German, English, and French establish the reader's confidence in the truthfulness of the author's statements. Among the hundred or more authorities listed in the bibliography not a single title in Spanish or Portuguese appears. This strongly suggests that the author's linguistic equipment, while considerable, is yet not entirely adapted to the study he has undertaken.
William R. Manning.
Intervention and Colonization in Africa. By Norman Dwight Harris, Introduction by James T. Shotwell. Boston: Houghton Mifflin Company, 1914. pp. xviii, 384. $2.00 net.
This study of European expansion and world politics is volume one of a proposed two-volume work on "World Diplomacy." It traces in detail the origin and development of the larger colonial expansion movements of European nations seeking territory and economic concessions in Africa, the efforts to secure strategic positions, the heroic