Thereupon arose a discussion as to the extent of the prohibition of the exercise of martial law contained in the Petition of Right; and Mr.
Edward Jenks, in letters to _The Times_ of December 27, 1901, and January 4, 1902, maintained that the prohibition in question was not confined to time of peace.
The last letter deals with the true character of a Proclamation of Martial Law, and was suggested by the refusal of the Privy Council, on April 2, 1906, to grant leave to appeal from sentences passed in Natal by court-martial, in respect of acts committed on February 8, 1906, whereby retrospective effect had, it was alleged, been given to a proclamation not issued till the day after the acts were committed, _See_ Mcomini Mzinelwe and Wanda _v._ H.E.the Governor and the A.G.for the Colony of Natal, 22 _Times Law Reports_, 413.
THE EXECUTIONS AT PRETORIA Sir,--No doubt is possible that by international law, as probably by every system of national law, all necessary means, including shooting, may be employed to prevent the escape of a prisoner of war.

The question raised by the recent occurrence at Pretoria is, however, a different one--viz.

What are the circumstances in connection with an attempt to escape which justify execution after trial by court-martial of the persons concerned in it?
This question may well be dealt with a part from the facts, as to which we are as yet imperfectly informed, which have called for Mr.Winston Churchill's letter.

With the arguments of that letter I in the main agree, but should not attach so much importance as Mr.Churchill appears to do to a chapter of the British _Manual of Military Law_, which, though included in a Government publication, cannot be taken as official, since it is expressly stated "to have no official authority" and to "express only the opinions of the compiler, as drawn from the authorities cited." I propose, without comment, to call attention to what may be found upon this subject in conventional International Law, in one or two representative national codes, and in the considered judgment of the leading contemporary international lawyers.
I.The Hague "Convention on the laws and customs of war on land" (ratified by twenty Powers) lays down:-- "ARTICLE 8 .-- Prisoners of war shall be subject to the laws, regulations, and orders in force in the army of the State into whose hands they have fallen.

Any act of insubordination warrants the adoption as regards them of such measures of severity as may be necessary.