OUTLINE OF CHAPTER XX

CONDUCT OF HOSTILITIES

112. BELLIGERENT OCCUPATION.

(a) The sovereignty of the occupied territory.

(b) The local laws of the invaded state.

(c) Public and private property.

(d) Personal rights.

113, FORBIDDEN METHODS IN THE CONDUCT OF HOSTILITIES.

(a) Declaration of the Hague Conferences on this subject.

114. PRIVATEERS.

115. VOLUNTARY AND AUXILIARY NAVY.

(a) The organization of a volunteer navy.
(b) The use of auxiliary vessels.

116. ARMED MERCHANT VESSELS.

(a) British attitude.

(b) Attitude of United States.

(c) Attitude of the Netherlands.

(d) In Limitation of Armament Conference.

118. AERIAL WARFARE.

(a) Early use of air.

(b) Twentieth century rules.

(c) Aircraft in World War.

119. POSTLIMINIUM.

(a) The jus postliminium defined.
(b) Restoration of property or territory.
(c) Rules as to restoration of ships.

120. PRISONERS AND THEIR TREATMENT.

(a) Who may be made prisoners.

(b) Refusal of quarter and liability to retaliation.

(c) The practice of internment.

(d) Employment of prisoners of war.

(e) Exchange of prisoners a voluntary act.

(f) Release on parole.

(g) Treatment of the sick and wounded.

(h) Bureau of Information established by the Hague Convention.

(i) Prisoners in World War.

121. NON-HOSTILE RELATIONS OF BELLIGERENTS.

(a) Flag of truce.

(b) Cartels.

(c) Passports, safe-conducts, and safeguards.

(d) License to trade.

(e) Suspension of hostilities, truce, armistice.
(f) Armistices in World War.

(g) Capitulation.

CHAPTER XX

CONDUCT OF HOSTILITIES

112. Belligerent Occupation1

In IV Hague Convention of 1907, it is stated that for land warfare:

"ART. XLII. Territory is considered occupied when it is actually placed under the authority of the hostile army.

"The occupation applies only to the territory where such authority is established, and in a position to assert itself.

"ART. XLIII. The authority of the legitimate power having actually passed into the hands of the occupant, the latter shall take all steps in his power to reëstablish, and insure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country."

"2

(a) The sovereignty of the occupied territory does not pass to the occupying state, but only the right to exercise the authority necessary for safety and operations of war. Belligerent occupation was formerly held to carry with it the right to full disposition of whatever appertained to the terrieignty of occu- tory. During the nineteenth century it was given pied territory. a clearer definition. Belligerent occupation is a

The sover

fact impairing the exercise of the usual jurisdiction.

(b) In general the civil laws of the invaded state continue in force in so far as they do not affect the hostile occupant unfavorably. The regular judicial tribunals continue to act in cases not affecting the military occupation. Administrative officers continue to perform their

Local laws of invaded state.

1 For the discussion of the laws and customs of war, at the Hague Peace Conference, see Holls, 134 et seq., and Higgins, p. 256 et seq.

See Appendix, pp. lxix, lxx.

functions in absence of orders to the contrary, though of course purely political officers would be limited in the exercise of their functions; e.g. registrars of marriages, births, and deaths might act as usual, while the authority of a governor might be suspended. There is no doubt that the freedom of the press cannot be claimed, as this might bring grave consequences upon the occupying force.

Public and private property.

(c) The belligerent occupant may destroy or appropriate public property which may have a hostile purpose, as forts, arms, armories, etc. The occupying force may enjoy the income from the public sources. Strictly private property should be inviolable, except so far as the necessity of war requires contrary action. (d) The Hague Convention enjoins the belligerent occupant to respect personal rights.

Personal rights.

“ART. XLIV. Any pressure on the population of occupied territory to furnish information about the army of the other belligerent or about its means of defence is prohibited.

"ART.XLV. Any pressure on the population of occupied territory to take the oath to the hostile Power is prohibited.

"ART. XLVI. Family honor and rights, individual life and private property, as well as religious convictions and practice, must be respected."1

The invader is bound to give such measure of protection to the inhabitants of the occupied territory as he is able.2

Belligerent occupation begins when an invaded territory is effectively held by a military force.

113. Forbidden Methods

In the conduct of hostilities certain methods of action and certain instruments are generally forbidden. These prohibitions refer mainly to land and sea warfare though the principles may be fundamental.

1 Appendix, pp. lxvii-lxx.

Appendix, pp. ix, lxx.