Civilians in Warfare — The Right to Take Up Arms
Sir,—I have read with some surprise so much of Sir Ronald Ross’s letter of to-day as states that “the issue still remains dark” as to the right of civilians to bear arms in case of invasion. It has long been settled that non-molestation of civilians by an invader is only possible upon the understanding that they abstain from acts of violence against him. Modern written international law has defined, with increasing liberality, by the draft Declaration of 1874 and the Conventions of 1899 and 1907, the persons who will be treated as lawful belligerents. Art. 1 of The Hague Regulations of 1907 recognises as such, not only the regular army, but also militia and volunteers. Art. 2 grants indulgence to a levée en masse of “la population” (officially mistranslated “the inhabitants”) of a territory not yet occupied. Art. 3, also cited by Sir Ronald, has no bearing upon the question.
The rules are, I submit, as clear as they could well be made, and are decisive against the legality of resistance by individual civilians, the sad, but inevitable consequence of which was, as I pointed out in The Times of September 19 last, truthfully represented on the stage in An Englishman’s Home.
In the same letter I wrote that “even in our own favoured country it is most desirable that every one should know exactly how matters stand.” There are, however, obvious objections, possibly not insuperable, to this result being brought about, as is proposed by Sir Ronald Ross, by Government action.
I am, Sir, your obedient servant,
T. E. HOLLAND
Oxford, October 26 (1914).