of 1907, a Convention for the Adaptation of the Principles of the Geneva Convention of 1906 was concluded. The fourteen articles of the convention of 1899 were extended to twentyeight and considerably elaborated.

The convention of 1906 provides for the care of the sick and wounded of an army, for the sanitary formations and establishments, for the personnel and matériel, and for a distinctive emblem, the Red Cross.

The convention of 1907, adapting the convention of 1906 to naval warfare, specifies how the status of hospital ships shall be made known in order that they may be exempt, how they shall be painted in order to be easily distinguished, what other means shall be taken to make themselves known, and for the degree of control to be exercised over hospital ships by belligerents, the degree of immunity which shall be accorded to them, and their obligations and duties. No distinction is to be made in the treatment of the sick or wounded of different belligerents.

"The shipwrecked, wounded, or sick of one belligerent who fall into the power of the other belligerent are prisoners of war."

"Art. 12. Any ship of war belonging to a belligerent may demand the surrender of the wounded, sick, or shipwrecked who are on board military hospital ships, hospital ships belonging to relief societies or to private individuals, merchant ships, yachts, and boats, whatever the nationality of such vessels.

"Art. 13. If wounded, sick, or shipwrecked persons are taken on board a neutral war ship, precaution must be taken, so far as possible, that they do not again take part in the operations of the war.'

"23

After an engagement the belligerents are also to take such measures as possible to recover and protect those shipwrecked, wounded, or sick, and are to inform each other so far as possible in regard to admissions to hospitals, deaths, etc.

Article 12 would apply to the questions raised in the case of the Deerhound, a neutral yacht which took on board and

23 The Convention for Adaptation of the Principles of the Geneva Convention to Maritime Warfare, Appendix, p. 549.

declined to deliver to the United States commander the captain and some of the crew of the Confederate cruiser Alabama, on June 19, 1864, after her defeat. This article seems reasonable, as such ships as the Deerhound are not to harbor those who may, if not received on board neutral vessels, be made prisoners of war.

Article 13 would be analogous to the entrance of belligerent troops upon neutral land area, and would imply that they should be practically interned. This is in accord with the action in the Chemulpo affair in 1904, when, after the defeat of certain Russian vessels by the Japanese, neutral war vessels took on board wounded, sick, and shipwrecked Russians, and sent them to neutral ports under parole that they would not again take part in the war.24

24 Takahashi, Russo-Japanese War, p. 462.

152. Under the term "commercia belli" is included certain non-hostile relations into which belligerents enter during war.

Non-hostile relations between belligerents during the war are in general suspended. It is necessary, however, for special purposes that certain relations be established. These relations may refer to the conduct or cessation of hostilities. These relations are based upon good faith. Under the term "commercia belli" are usually included flags of truce, capitulations, armistices, cartels, safe-conducts and passports, safeguards, and licenses to trade.

FLAGS OF TRUCE.

153. Flags of truce are white flags, used as signals to indicate that a belligerent wishes to communicate with the enemy.

The person bearing a flag of truce, together with the bugler or drummer, and the interpreter who may accompany him, are considered as inviolate, though he may not be received, or may be prevented from taking any advantage of his position; e. g., he may be blindfolded. He is not regarded as a spy if he discloses such information as he obtains openly. He loses his

privileged position if he provokes or commits an act of treachery. The flag of truce will not protect him, under such circumstances, from seizure and execution.1 There is no obligation upon the part of the belligerent to receive the bearer of a flag of truce, and after the bearer has been warned and given time to withdraw he acts at his own risk. The bearer of a flag of truce must be authorized to enter into communication with the belligerent, which implies that the flag must be used for legitimate purposes, for the bearer may be detained in case of abuse of the privilege. Military operations are not necessarily suspended because of the approach of a bearer of a flag of truce, if he has been warned that he will not be received. Such warning is usually given by signal. A belligerent may specify a period during which no flag of truce will be received, and during that period bearers of flags of truce have no privileges.

In maritime warfare the conditions are such that the cessation of hostilities on the approach of the bearer of a flag of truce might materially change the issue of the battle. As the commanding officer is responsible, it is for him to determine whether the bearer of the flag of truce shall be met. The approach of such a flag should therefore be made known to him. A shot across the bows of the boat bearing the flag of truce is a signal not to come nearer. If the flag is to be received, a boat flying a white flag with an authorized officer will meet the enemy's representative.

CAPITULATIONS.

154. Capitulations are agreements entered into between commanding officers in regard to the surrender of a vessel, a place, or military forces.

In entering into a capitulation, a commander should act within his competence. The effect of such an agreement should

1 Hague Convention 1907, Laws and Customs of War on Land, c. III, Appendix, p. 542.

The Japanese in 1904 claimed that their fire upon troops bearing a white flag was because the flag was used in a treacherous manner. Arigs, La Guerre Russo-Japonaise, p. 250.

be military, and not political. If an agreement is in excess of the commander's authority, it must receive subsequent ratification by the proper authority. The Hague Convention of 1907 provides:

"Article XXXV. Capitulations agreed upon between the contracting parties must take into account the rules of military honor.

"Once settled, they must be scrupulously observed by both parties." 2

The two main clauses of the terms of capitulation of Port Arthur on January 2, 1905, were:

"Art. I. The military and naval forces of Russia in the fortress and harbor of Port Arthur, as well as the volunteers and the officials, shall all become prisoners.

"Art. II. The forts and fortifications of Port Arthur, the warships and other craft, including torpedo craft, the arms, the ammunition, the horses, all and every material for warlike use, shall be handed over as they are to the Japanese army."

Other clauses provide for the carrying out of the surrender, the treatment of the combatants and noncombatants, and minor details. In article VII it was specially provided that "the Japanese army, as an honor to the brave defense made by the Russian army, will allow the officers of the Russian military and naval forces and the officials attached to the said forces to retain their swords, together with all privately owned articles directly necessary for daily existence. Further, with regard to the said officers, officials, and volunteers, such of them as solemnly pledge themselves in writing not to bear arms again until the close of the present war, and not to perform any act of whatsoever kind detrimental to the interests of Japan, shall be permitted to return to their country, and one soldier shall be allowed to accompany each officer of the army or navy. These soldiers shall be required to give a similar pledge."

2 Laws and Customs of War on Land, c. IV, Appendix, p. 542. 8 Takahashi, Russo-Japanese War, pp. 211, 212.

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