Chapter IV Martens' opinion. the right to demand that their lives, their religious Professor de convictions, and their private property shall be respected. Through it prisoners of war will be treated, not as enemies, but as disarmed and honorable adversaries, worthy of respect. Through it social institutions, beneficiary establishments, religious, scientific, and otherwise, which find themselves on disputed territory, shall have the right to demand and to exact of the enemy respect for the inviolability of their property and their interests. 66 Finally, the Red Cross treaty for times of naval warfare, signed by the Conference at The Hague, is the happy solution of the question which the Powers of Europe have been studying for thirty years. Since 1868 the Additional Articles' to the Treaty of Geneva have existed, whereby the beneficent influence of the treaty of Geneva on wounded and sick soldiers was also extended to sea combats. For thirty-one years diplomatic negotiations have been carried on on this question; all the Red Cross conferences which have taken place in the last twenty years have proclaimed the necessity of recognizing the Red Cross treaty for the sick and wounded in naval warfare. But nothing effectual was accomplished up to the Conference at The Hague. It was this Conference that caused the final adoption by (twenty-six) Powers of the principle whereby the wounded in times of naval warfare shall have the same right to have their person, their life, their health, and their property respected as the wounded in case of warfare on land." and signifi estimated. argument Although of secondary importance when compared Chapter IV to the chief work of the Conference, it is certainly a mistake for so-called "friends of Peace" to disparage the value and significance of these treaties. Their value The humanizing of war, while not as inspiring an cance should object as the peaceful adjustment of international not be underdifferences, is a step in the same direction; for it tends, on a comparatively small scale, but still most. effectively, to alleviate suffering and to save human lives. The argument that war should be made as Fallacious terrible as possible, in order to prevent it, logically regarding leads to savagery, no quarter, and the raising of the war. black flag. It is quite as illogical as the exploded theory of criminal law, according to which severity of punishment, torture, and corruption of blood were regarded as ordinary deterrent agencies, with the result of a frightful increase of the most heinous crimes, since the punishment for them was hardly more severe than for minor offences. The Conference has kept as closely as possible to the golden mean between the sentimentality which would impair the efficiency of National Power at a supreme crisis, and the demands of unbridled military license. Its work in this direction may confidently await the verdict of history. Diplomatic character of the work of the Third Committee. CHAPTER V THE WORK OF THE THIRD COMMITTEE: GOOD OF- THE deliberations of the First and Second Committees were largely, if not wholly, of a technical, military, or naval character, and the results obtained could, perhaps, have been accomplished by a meeting of experts, corresponding to the famous assemblies of Geneva and Brussels or to the Postal and Marine Conferences of a later date. The task allotted to the Third Committee, on the other hand, was essentially diplomatic in its nature, touching the sovereignty of States most directly, and comprising Analogy with possibilities of great and serious danger. The analConventions. ogy between this endeavor and the work of American Constitutional Conventions-notably the great Convention of 1787 is not as remote as it may perhaps appear at first sight. A general code or Magna Charta, guaranteeing rights and imposing duties, even in the most indefinite manner, after all resembles a constitution rather than a treaty, and constructiveness is quite as essential to its preparation as the spirit of compromise. Constitutional The President The presidency of this Committee was conferred and honorary upon M. Leon Bourgeois, the former French Prime Presidents. Minister and Minister of Public Education, eminent Chapter V both as an orator and as a statesman of practical judgment, in other words, a happy combination of idealist and opportunist. The honorary Presidents, Count Nigra and Lord Pauncefote, were both renowned in diplomacy. Count Nigra had an unparalleled experience at Paris, London, and Vienna. Lord Pauncefote had won high distinction by his brilliant service in Washington during a particularly critical time, and especially by the Pauncefote-Olney Treaty of Arbitration, between the United States and Great Britain, which failed of ratification by the United States Senate. Presidents. The Vice-Presidents were M. de Bille of Denmark, The ViceBaron d'Estournelles de Constant of France, Count Macedo of Portugal, M. Mérey de Kapos-Mére of Austria-Hungary, M. Pompilj of Italy, and Professor Zorn of Germany. The other members of the committee were either diplomatists or lawyers, Germany alone having added General von Schwarzhoff and Captain Siegel, — military and naval experts, whereas Prince Münster was the only chief delegate from any country who was not a member, it being understood that the reason was his advanced age. The complete list of members was as follows:Germany: Dr. Zorn, General Gross von Schwarzhoff, Captain Siegel. United States of America: Mr. White, Mr. Low, and Mr. Holls. Members. Chapter V Austria-Hungary: Count Welsersheimb, M. Okoliscanyi von Okolisena, M. de Mérey de Kapos-Mére. Belgium: Count de Grelle Rogier, Chevalier Des camps. China Yang Yu, Hoo-Wei-Teh, Lou-Tseng-Tsiang. Spain: The Duke of Tetuan, M. de Villa Urrutia. Great Britain: Lord Pauncefote, Sir Henry Howard. Greece: M. Delyannis. Italy Count Nigra, Count Zannini, M. Pompilj. Netherlands: Jonkheer van Karnebeek, M. Asser, M. Rahusen. Persia: General Mirza Riza Khan, Arfa-ud-Dovleh. Roumania: M. Beldiman, M. Papiniu. Russia: M. Staal, M. de Martens, M. de Basily, M. Raffalovich. Servia M. Mijatovitch, Dr. Veljkovitch. Siam M. Phya Suriya, M. Corragioni d'Orelli, Sweden and Norway: Baron Bildt, M. Konow. Odier. Turkey Turkhan Pacha, Noury Bey. |