The Russian Use of Chinese Clothing
Sir,—If Russian troops have actually attacked while disguised in Chinese costume, they have certainly violated the laws of war. It may, however, be worth while, to point out that the case is not covered, as might be inferred from the telegram forwarded to you from Tokio on Wednesday last, by the text of Art. 23 (f) of the Règlement annexed to The Hague Convention “on the laws and customs of war on land.” This article merely prohibits “making improper use of the flag of truce, of the national flag or the military distinguishing marks and the uniform of the enemy, as well as of the distinguishing signs of the Geneva Convention.”
Art. 1 of the Règlement is more nearly in point, insisting, as it does, that even bodies not belonging to the regular army, which, it is assumed, would be in uniform (except in the case of a hasty rising to resist invasion), shall, in order to be treated as “lawful belligerents,” satisfy the following requirements, viz.:—
“(1) That of being commanded by a person responsible for his subordinates;
“(2) That of having a distinctive mark, recognisable at a distance;
“(3) That of carrying their arms openly; and
“(4) That of conducting their operations in accordance with the laws and customs of war.”
The fact that, in special circumstances, as in the Boer war, marks in the nature of uniform have not been insisted upon, has, of course, no bearing upon the complaint now made by the Japanese Government.
All signatories of The Hague Convention are bound to issue to their troops instructions in conformity with the Règlement annexed to it. The only countries which, so far as I am aware, have as yet fulfilled their obligations in this respect are Italy, which has circulated the French text of the Règlement without comment; Russia, which has prepared a little pamphlet of sixteen pages for the use of its armies in the Far East; and Great Britain, which has issued a Handbook, containing explanatory and supplementary matter, besides the text of the relevant diplomatic Acts.
I am, Sir, your obedient servant,
T. E. HOLLAND
Oxford, October 21 (1904).