亨利-梅因：国际法Lecture 9

ion of rule except retaliation or， as the technical word is， reprisals. Retaliation， we are told， is military vengeance. It takes place where an outrage commi

tted on one side is avenged by the commission of a similar act on the other. For example， an unjust execution of prisoners by the enemy may be followed by the execution of an equal number of prisoners by their opponents. Retaliation is an extreme right of war， and should only be resorted to in the last necessity. 'It may be well to notice，' says the writer I am quoting， incidentally for the purpose of reprobating it， 'the idea once prevailed that a garrison which obstinately defended a place when it had， in the opinion of the enemy， become untenable， might be put to the sword.' There is no doubt that during the Franco-German war reprisals were carried to unjustifiable lengths on both sides. The French Government has published a curious volume which reproduces all the placards which either they or others had affixed to the walls during the contest in France. At one point the Germans granted no quarter during an attack on a village， on the plea that twenty-five francs-tireurs （riflemen） had hidden in a wood near it， without any regular officer or uniform， and had shot down as many Germans as came within range of their guns. On another of these placards is a notice by a French officer to the Prussian commander of Ch漮ellerault in reference to the alleged resolve of the latter to punish the inhabitants of that place for the acts of some of the francs-tireurs. 'I give you my assurance， threat for threat， that I will not spare one of the two hundred Prussian soldiers whom you know to be in my hands.' And indeed General Chanzy， himself a gallant officer in high place， wrote to the Prussian commander of Vendorne， and stated that he intended to fight without truce or mercy because it is a question now not of fighting loyal enemies but hordes of devastators. On this great subject the Brussels Conference was able to do but little except to suggest that retaliation should only be resorted to in the most extreme cases， and should be conducted with the greatest possible humanity

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