DIVISION FOURTH. ALLIES.* ARTICLE 947. Who are allies. 948. The obligation of allies. 949. Permission of intercourse must be joint. 951. Prize courts. Who are allies. 947. Allies are nations bound by treaty to assist each another, in any manner, in belligerent operations. As to the furnishing of subsidiary troops being considered as a belligerent act, and a breach of neutrality, see Division V., entitled NEUTRALS. The obligation of allies. 948. Unless otherwise provided, by a treaty of alliance, one ally may judge for itself whether the other has a just cause of war, and may act accordingly. Woolsey's International Law, § 111. Permission of intercourse must be joint. 949. During a conjoint war, intercourse with the enemy, which is unlawful without the permission of a belligerent, must have the permission of all;' unless it appear that it could in no manner interfere with their common operations.' 1 The Nayade, 4 Robinson's Adm. Rep., 251; 2 Wildman's International Law, p. 21; 1 Kent's Commentaries, p. 69; Lawrence's Wheaton, Elements of Intern. Law, p. 552, § 14; Phillimore's Intern. Law, v. 3, §§ 67, 73; *For a recent statement of English rules as to apportionment of joint booty, see Banda & Kirwee Booty, Law Rep., 1 Adm. & Ecc., 109. As to division of trophies and booty between co-operating armies, see 6 De Clercq, 569, 584; also treaty between France and Great Britain, 8 De Clercq, pp. 26, 29; and see also, Id., p. 35. 610 OUTLINES OF AN INTERNATIONAL CODE. Bynkershoeck, Quæst. Jur. Pub., lib. 1, cap. 10; Chitty, Law of Nations, pp. 11, 12; Heffter, Droit International, §§ 120–123; Halleck, Intern. Law & Laws of War, p. 359. Between allied nations pursuing a common cause against a common enemy, it must be taken as an implied, if not an express contract, that one State shall not do anything to defeat the general object. If one admit its subjects to carry on an uninterrupted trade with the enemy, the consequence may be that it will supply that aid and comfort to the enemy which may be very injurious to the prosecution of the common cause, and the interests of its ally. The Neptunus, 6 Robinson's Adm. Rep., 403. Separate compacts not binding. 950. Unless allies have otherwise agreed, neither is bound by compacts with the enemy, made without its consent, by the other. See Halleck, Intern. Law & Laws of War, p. 850; and authorities cited. Prize courts. 951. Either of several allied belligerents may by assent of another establish a prize court within the lim its of the other, for the purposes of deciding questions of prize. DIVISION FIFTH. NEUTRALS. ARTICLE 952. Who are neutrals. 953. Right to be neutral. 954. Attempt to involve a neutral. " 958. Kinds of assistance. 959. Active assistance. 960. Passive assistance. 961. Intervention. 962. Recognizing independence of insurgents. 964. Active duties of neutrals. 965. Breach of neutrality not justified by pre cedent obligation. 966. Aid to sick and wounded. 967. Pilotage. 968. Purchase of conquest forbidden. 969. Time when duties of neutrality take effect. 970. Liability for negligence in enforcing neutrality. 971. Violations of neutrality. 972. Land forces violating neutrality to be disarmed. 973. Right of asylum limited. 974. Supplies limited. 975. Protection of hostile ships in neutral port. 976. Priority of departure. 977. Prizes not to be sent into neutral ports. 978. Restoration of prizes captured in violation of neutrality. 979. Transactions in breach of neutrality every where void. 980. Breaches and violations of neutrality declared public offenses. 981. Redress for injuries in violation of neutrality. 982. Neutral and belligerent rights and obligations not affected by adverse belligerent not being a party to Code, Who are neutral. 952. A neutral nation is one that remains on terms of friendship and amicable intercourse with the government and members of each of two or more belligerents. British proclamation of neutrality-Franco-German war. London Gazette, July 19, 1870. Right to be neutral. 953. Every nation, unless it has otherwise agreed, has a right to remain at peace, though all the rest of the world be at war, and to maintain friendly relations with any belligerent, without offense to others. Fioré, Nouveau Droit Intern., v. 2, p. 360; citing Galiana, dei Doveri dei principi, pt. 1, c. 3; and Hautefeuille, Droit et devoir des Nations, t. 1, p. 376; Address of CH. FR. ADAMS, New York, 1870. Attempt to involve a neutral. 954. The attempt of a belligerent, by force or pressure of any kind, to make a neutral nation take any part, however small, with one side or the other, is an attempt against its independence. "Breach of neutrality" defined. 955. The terms "breach of neutrality," as used in this Code, mean an act or omission on the part of a neutral nation inconsistent with its duty as such toward a belligerent. "Violation of neutrality" defined. 956. The terms "violation of neutrality," as used in this Code, mean an act or omission on the part of a belligerent inconsistent with the rights of a neutral nation as such. Effect of a breach of neutrality. 957. A neutral nation is bound to refrain from assisting either belligerent directly or indirectly, and must forbid its members and domiciled residents from so doing. If it assist either belligerent either by acts or omissions which directly subserve the purposes of the war, or by affording to one while withholding from the other that which indirectly subserves such purposes, it departs from its neutrality, and is liable to be treated as an ally after complaint made by the other belligerent, as in other cases. If the act of assistance be an aggressive act by force, the aggrieved belligerent may defend itself without previous complaint, as in case of any other aggression. It is the better opinion that to grant a passage to the troops of one belligerent is a violation of neutral duty to the other. Halleck, Intern. Law & Laws of War, p. 517. Twiss, however, (Law of Nations, pt. II., p. 442. § 218,) and several earlier authors oppose this view. 1 This clause enlarges the rule of neutrality. Ortolan has shown that the definition given by Azuni and others, (and approved by Fioré,) to the effect that neutrality is a continuation of a state of peace by one nation while others are at war, is inadequate, because neutrality imposes duties and obligations unknown in peace. The doctrine of neutrality requires more than abstaining from promoting the war. Instance the case put by Fioré, (Nouveau Droit Intern., v. 2, p. 368,) of Russia at war with Turkey and Sweden, and Austria declaring itself an ally of Russia against Turkey, Austria could not be regarded as a neutral toward Sweden. There are early authorities to the effect that where one State stipulates to furnish to another a limited succor of troops, ships of war, money or provisions, without any promise looking to an eventual engagement in general hostilities, such a treaty does not necessarily render the party furnishing this limited succor the enemy of the opposite belligerent, but it only becomes such as far as respects the auxiliary forces thus supplied. In all other respects it remains neutral. Lawrence's Wheaton, Elements of Intern. Law, p. 480, § 14; Halleck, Intern. Law and Laws of War, p. 419, § 14; and authorities cited. This, however, should not be allowed, under the modern doctrine of neutrality. Kinds of assistance. 958. Assistance is of two kinds : 1. Active; and, 2. Passive. Active assistance. 959. Active assistance is that which is rendered by the government. |