Why was it an issue?

The Hague Conventions of 1899, 1907 and 1923.

Like the Geneva Conventions, the first three Hague Conventions were mainly concerned with the treatment of wounded, prisoners of war and other combatants. However, there were still sufficient grounds under International Law in 1944 to render what happened at Monte Sole as unlawful. For example:

“The attack or bombardment of towns, villages, habitations or buildings which are not defended is prohibited.”

Article XXV of the Hague Convention 1899.

“It is especially forbidden to declare that no quarter will be given”.

Article XXVIII of the Hague Convention of 1907.

“Aerial bombardment for the purpose of terrorizing the civilian populations or destroying or damaging private property not of military character, or of injuring non-combatants, is prohibited”.

Article XXII of the Hague Convention of 1923.

 

Click here to see the entire texts of the Hague Conventions of 1899 and 1907 and the Geneva Conventions of 1864, 1928 and 1929.