|
Towns
or cities that are undefended or open (the terms are
used more or less synonymously) have been the subject of regulation,
and confusion, in international law and military practice since
at least the late nineteenth century.
The laws of war specify that undefended places should not be attacked.
The 1907 Hague Regulations on Land Warfare, still formally in force,
state in Article 25: "The attack or bombardment, by whatever
means, of towns, villages, dwellings or buildings which are undefended
is prohibited." Similar language in the 1907 Hague Convention
deals with naval bombardment.
The term undefended can be interpreted to encompass all places
that are not fortified and do not have an active military presence.
In this logic, even a town that is in the interior of a country
at war and which has extensive armaments factories or military communications
systems could count as undefended. However, the view that such places
should be immune from attack has generally been rejected by military
planners, especially by airmen, and should not be taken as indicative
of prevailing law.
In practice, the words undefended and open have been
defined restrictively, to mean simply places declared to be open
for entry and occupation by an adverse party without resistance.
In this view, the core meaning of the rule prohibiting attacks on
undefended towns is simply that a town in a war zone that has declared
itself ready to accept the entry of the adversary's army may not
be bombed or subjected to artillery attack. This is widely agreed
to be the most persuasive interpretation of the practical meaning
and original intention of Article 25 of the 1907 Regulations. This
restrictive view has been confirmed in the 1977 Additional Protocol
I to the Geneva Conventions, Article 59, which says that a belligerent
may declare as a nondefended locality "any inhabited place
near or in a zone where armed forces are in contact which is open
for occupation by an adverse Party."
There have been many cases of towns being declared "open"
in this sense. When French forces abandoned Paris in June 1940,
the Germans were notified that the city was open for their entry.
In June 1944 the German command in Italy asked the Allies to "confirm"
the status of Rome as an open city, and then made a unilateral declaration
to that effect, followed by surrender of the city to the Allies.
Sometimes the concept of open cities has been used differently,
to refer to the idea that certain towns should be spared bombardment,
even if they are not open to occupationfor example, if they
are far from the front line.
Most destructive attacks in modern war have been against cities
that were not undefended in the sense of open to occupation by the
adversary. This has strengthened the pressure to develop other bases
for protecting cities, and their inhabitants, from the ravages of
modern war.
The term open cities has been used by the UN High Commissioner for
Refugees (UNHCR) with a completely different meaning: it refers
to an initiative in Bosnia-Herzegovina following the 1995 Dayton
peace agreement to reward local authorities who declare their Opstina,
or district, open and are committed to the return of minorities
to their prewar homes.
(See legitimate military targets;
safety zones.)

|