To the Editor of the "NontH-Cuuxa Dau 2 News"
Six,—Referring io the letter c; Dr J, Shinobu, legal adviser to the Japanese Third Squadron operating in the Shanghai area, which appeared in the October 10 issue of the "North-China Daily News," an eminent Chinese jurist has the following to say:
Dr. Shinobu's letter represents an attempt to defend Japan's illegal and inhuman methods pf warfare. He has taken cover, under the pretext that the world has not by express agreement prohibited aerial bombardment in general or such particular aerial attacks as those directed against railway stations and military objectives located in populous centres. He hab dismissed off-hand as a plausible' conclusion arrived at from an academic premise' such expressions' of world public pinion às the resolution' adopted by the General Commission of the Disarmament Conference of 1982, Evidently he has forgotten that, äs pointed out by one of the most, eminent authorities on international Jaw, the most fundamental principle in the law of war is "the distinction between combatants and non-combatants, and the protection of non-combatants against in-Junes. not incidental "to military operations against combütants"; that Article 25 of the Hague Regulations prohibits attack or bembardment "by any means whatever" of towns, habitations, or buildings which are not defended; and that the il-Tegality, except by way of reprisals, Of aerial bombardment directed exclusively against the civilian population for the purpose of terrorization as practised in the last European War has been generally admitted, even by the belligerents themselves.
Dr. Shinobu is undoubtedly skilful in calling in the assistance of military necessity when he is faced with the question of humanity, and in emphasizing military "objectives when there is no military necessity to be appealed to. But he should have known that the world cannot be as credulous as he expects it to be, He may seek to defend, if he pleases, Japan's aerial attacks upon Such railway stations as are found in Shanghai Soochow, Kashimg and Sungkiang, in spite. of the killing of hundreds of refugees, or her aerial bombardment of such aties as Nanking, Nanchang, Hankow, Canton and numerous others far removed from the neighbourhood of the operations of land or naval forces. But the world will continue to, condemn the culprit and will eventually bring her to justice in vindication of the law.
Perhaps Dr. Shinobu will feel less sure of his ground if he realizes that what is sauce for the goose is sauce for the gander and that, if his interpretation of the law is f be accepted the Japanese people themselves cannot be expected to remain imjune from precisely the kind of treatment to, which hapless Chinese civilians are now being subjected
Text read from the printed page and cleaned; old type leaves the occasional error.