ABSTRACT

The laws of war in the modern sense were created, a tendency which reached a climax in the partial codification of the laws of war in 1907. Certain fundamental principles must be observed in a treaty on the revision of the laws of war, apart from its acceptability to all the important states. Laws of war, to be accepted and to be applied in practice, must strike the correct and just balance between, on the one hand, the principles of humanity and chivalry, and, on the other hand, military. There is universal agreement that the so-called "humanitarian" principles of the laws of war remain valid and must be developed; even those who, as Nicolas Politis, took an absolutely negative stand as far as the laws of war are concerned, agreed. It seems to us, furthermore, that it is hardly possible to draw distinctions in the laws of war between the "humanitarian" rules and those regulating the actual conduct of war.