Editorial Committee of the Cambridge Law Journal

Prisoners of War. A Symposium by Institute of World PolityReview by: H. L.The Cambridge Law Journal, Vol. 10, No. 2 (1949), pp. 336-337Published by: Cambridge University Press on behalf of Editorial Committee of the Cambridge LawJournalStable URL: http://www.jstor.org/stable/4503888 .

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way about, and after long and tedious labour, a section or sub- section on a particular topic may easily be overlooked. This cannot happen with the aid of this Index; it contains the whole Act and a comprehensive index of one hundred and two pages which enables a quick and complete reference and cross reference to be made to everything relevant to a particular point. It is really well done, and the heading 'Definitions' covers nearly four pages giving section and page reference to over one hundred and fifty words and phrases. The three Tables give easy reference to sections of the Acts repealed by the Act of 1948.

Prisoners of War. A Symposium. Institute of World Polity. [School of Foreign Services, Georgetown University. Washing- ton, D.C. 1948. 98 pp. $1.50 net.]

Tins is a symposium which, though prepared on unorthodox lines, is of great usefulness. It is the result of discussions, held under the auspices of the Institute of World Polity, of students of George- town School of Foreign Service who had been prisoners of war. The object of the discussion was to exchange information and, by reference to it, to consider suggestions for improving the existing law with regard to the treatment of prisoners of war. The experience of the Second World War showed that the Prisoners of War Convention of 1929 is in need of revision in many vital respects. The result of the discussions of which an account is given in the little book under review fully justifies the novel idea of its promoters. The revision of the Conventions of 1929 on the treat- ment of sick and wounded and of prisoners of war has been for some time the subject of a concerted effort of the International Red Cross Committee-a body of great efficiency and statesmen- like foresight-and of various governments. An international conference is to be held in the summer of 1949 for the purpose of adopting a new Convention and discussions such as those embodied in this book are bound to be helpful.

Some of those participating in the discussion rightly raised the question whether the International Red Cross is to remain the only protective agency for prisoners of war. Suggestions were made for associating with that task neutral governments and non-govern- mental bodies. The possibility of a global war which may sweep aside neutralities as well-established as that of Switzerland cannot be disregarded. Part of the discussion was devoted to problems arising out of the new developments in aerial warfare and the use of aircraft generally. The question of commando troops and of spies and saboteurs dropped from aircraft is highly relevant in this question. Does the pilot of an aircraft carrying a spy become an accessory to the crime of espionage and liable to punishment if his

way about, and after long and tedious labour, a section or sub- section on a particular topic may easily be overlooked. This cannot happen with the aid of this Index; it contains the whole Act and a comprehensive index of one hundred and two pages which enables a quick and complete reference and cross reference to be made to everything relevant to a particular point. It is really well done, and the heading 'Definitions' covers nearly four pages giving section and page reference to over one hundred and fifty words and phrases. The three Tables give easy reference to sections of the Acts repealed by the Act of 1948.

Prisoners of War. A Symposium. Institute of World Polity. [School of Foreign Services, Georgetown University. Washing- ton, D.C. 1948. 98 pp. $1.50 net.]

Tins is a symposium which, though prepared on unorthodox lines, is of great usefulness. It is the result of discussions, held under the auspices of the Institute of World Polity, of students of George- town School of Foreign Service who had been prisoners of war. The object of the discussion was to exchange information and, by reference to it, to consider suggestions for improving the existing law with regard to the treatment of prisoners of war. The experience of the Second World War showed that the Prisoners of War Convention of 1929 is in need of revision in many vital respects. The result of the discussions of which an account is given in the little book under review fully justifies the novel idea of its promoters. The revision of the Conventions of 1929 on the treat- ment of sick and wounded and of prisoners of war has been for some time the subject of a concerted effort of the International Red Cross Committee-a body of great efficiency and statesmen- like foresight-and of various governments. An international conference is to be held in the summer of 1949 for the purpose of adopting a new Convention and discussions such as those embodied in this book are bound to be helpful.

Some of those participating in the discussion rightly raised the question whether the International Red Cross is to remain the only protective agency for prisoners of war. Suggestions were made for associating with that task neutral governments and non-govern- mental bodies. The possibility of a global war which may sweep aside neutralities as well-established as that of Switzerland cannot be disregarded. Part of the discussion was devoted to problems arising out of the new developments in aerial warfare and the use of aircraft generally. The question of commando troops and of spies and saboteurs dropped from aircraft is highly relevant in this question. Does the pilot of an aircraft carrying a spy become an accessory to the crime of espionage and liable to punishment if his

[VOL. 10 [VOL. 10 336 336

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Book Reviews Book Reviews

machine is forced down over enemy territory? This and similar questions led the discussion group to the problem of war crimes in relation to the Geneva Convention. There is, in the first instance, the question whether prisoners of war accused of war crimes are entitled to the benefits of the Convention in the matter of judicial safeguards. There is, secondly, the question of the procedure to be followed in respect of the punishment for war crimes arising out of the violation of this and other humanitarian conventions. If the proposed convention on the protection of civilian population in occupied territory and otherwise materialises, then the breaches of the humanitarian conventions will cover most of the possible war crimes. The question of the appropriate procedure for the punishment of war criminals will thus arise once more not in the abstract, but as a matter of the enforcement of the humanitarian conventions. The prospects of an international criminal court must, in this connection, continue to be slender. The existing procedure of trial by the military courts of the belligerents is open to obvious objections and cannot be regarded as a satisfactory or permanent solution. The latter can be brought about, in the present state of international organisation, only by means of belligerent tribunals reinforced by the participation of a substantial neutral element (assuming always that there will be neutrals). The objections to some such solution are not insur- mountable. A beginning in that connection was made after the Second World War when the regulations governing the British and some other Commonwealth military courts for the adjudication of war crimes provided, in some cases, for the participation of members of allied forces. The discussion in the Study Group revealed also the necessity of considering what shall constitute a war crime for the purposes of the Convention. It was pointed out, not without some opposition, that even such seemingly technical offences as failure to keep adequate lists of prisoners of war may be responsible for suffering and anguish justifying the inclusion of such and similar acts or omissions among war crimes.

H. L.

Federal Protection of Civil Rights-Quest for a Sword. By ROBERT K. CARR. [Ithaca, New York:. Cornell University Press. London: Geoffrey Cumberlege, The University Press. 1947. 284 pp. 16s. net.]

A Study of Judicial Review in Virginia, 1789-1928. By MARGARET VIRGINIA NELSON. [New York: Columbia University Press. London: Geoffrey Cumberlege, The University Press. 1947. 249 pp. 16s. net.]

IT is convenient to review these two books together for, to a large extent, they are both concerned with the question of protection of

machine is forced down over enemy territory? This and similar questions led the discussion group to the problem of war crimes in relation to the Geneva Convention. There is, in the first instance, the question whether prisoners of war accused of war crimes are entitled to the benefits of the Convention in the matter of judicial safeguards. There is, secondly, the question of the procedure to be followed in respect of the punishment for war crimes arising out of the violation of this and other humanitarian conventions. If the proposed convention on the protection of civilian population in occupied territory and otherwise materialises, then the breaches of the humanitarian conventions will cover most of the possible war crimes. The question of the appropriate procedure for the punishment of war criminals will thus arise once more not in the abstract, but as a matter of the enforcement of the humanitarian conventions. The prospects of an international criminal court must, in this connection, continue to be slender. The existing procedure of trial by the military courts of the belligerents is open to obvious objections and cannot be regarded as a satisfactory or permanent solution. The latter can be brought about, in the present state of international organisation, only by means of belligerent tribunals reinforced by the participation of a substantial neutral element (assuming always that there will be neutrals). The objections to some such solution are not insur- mountable. A beginning in that connection was made after the Second World War when the regulations governing the British and some other Commonwealth military courts for the adjudication of war crimes provided, in some cases, for the participation of members of allied forces. The discussion in the Study Group revealed also the necessity of considering what shall constitute a war crime for the purposes of the Convention. It was pointed out, not without some opposition, that even such seemingly technical offences as failure to keep adequate lists of prisoners of war may be responsible for suffering and anguish justifying the inclusion of such and similar acts or omissions among war crimes.

H. L.

Federal Protection of Civil Rights-Quest for a Sword. By ROBERT K. CARR. [Ithaca, New York:. Cornell University Press. London: Geoffrey Cumberlege, The University Press. 1947. 284 pp. 16s. net.]

A Study of Judicial Review in Virginia, 1789-1928. By MARGARET VIRGINIA NELSON. [New York: Columbia University Press. London: Geoffrey Cumberlege, The University Press. 1947. 249 pp. 16s. net.]

IT is convenient to review these two books together for, to a large extent, they are both concerned with the question of protection of

No. 2: 1949] No. 2: 1949] 387 387

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