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PART L

HISTORY.

"

THE LAW OF WAR BETWEEN

BELLIGERENTS

CHAPTER L

INTRODUCTION.

High-minded men in every age have longed for the time when wars shall be no more; and they find today in the Tribunal of The Hague the beginnings of an institution which shall realize their hopes by substituting for the appeal to force the appeal to justice and right. But apparently the time for the realization of such hopes has not yet come, and until it does the rules according to which warfare must be conducted will continue to be of vital concern. These rules are scarcely less certain and are probably less often violated than the rules of private law which are enforced by the courts; but the passions of war often cast doubt on their certainty as well as on their efficacy, so that even more than in the case of private law it becomes necessary to resort to fundamental principles to see what has guided the making of rules in the past and is likely to have a similar influence in the future. Much of the progress in the conduct of warfare has been due to the improvement in military science, but humanity has also played its part.-In the first place, it cannot be questioned that much of what is best in the laws of war has grown up independently of any set principles. The respect with which private property on land is regarded today is largely due to the change from pillage to the system of contributions, a change that was induced mainly by the greater efficiency of the latter; and many other instances could be cited of ameliorations which have been brought about by the selfish interests of belligerents. Civ

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