African War hundreds of subjects of neutral States, who were fighting in the ranks of the Boers, were captured by Great Britain and retained as prisoners until the end of the struggle. Such individuals must not, however, be more severely treated than enemy subjects, and, in especial, no punitive measures are allowed against them.

*

Oppenheim, vol. 2, p. 109.

it must be especially observed, that the acts by which subjects of neutral States lose their neutral and acquire enemy character need not necessarily be committed after the outbreak of war. Such individuals can, even before the outbreak of war, identify themselves to such a degree with a foreign State that, with the outbreak of war against that State, enemy character devolves upon them ipso facto unless they at once sever their connection with such State. This, for instance, is the case when a foreign subject in time of peace enlists in the armed forces of a State and continues to serve after the outbreak of war.

Oppenheim, vol. 2, p. 110.

Article 17, Hague Convention V, 1907, is substantially identical with section 244, Austro-Hungarian Manual, 1913.

NEUTRAL ACTS NOT CONSTITUTING PARTIALITY TO ONE BELLIGERENT.

The following acts shall not be considered as committed in favour of one belligerent in the sense of Article XVII, letter (b):

(a) Supplies furnished or loans made to one of the belligerents, provided that the person who furnishes the supplies or who makes the loans lives neither in the territory of the other party nor in the territory occupied by him, and that the supplies do not come from these territories; (b) Services rendered in matters of police or civil administration.-Hague Convention V, 1907, Article 18.

Contra as to (a).

The next question to be considered, is, whether neutrals may assist a belligerent by money, in the shape of a loan or otherwise, without violating the duties or departing from the position of neutrality? It seems to be universally conceded, that if such loan be made for the manifest purpose of enabling the belligerent to carry on the war, it would be a virtual concurrence in the war, and consequently a just cause of complaint by the opposite party. But Vattel contends that the loaning of money to one belligerent, by the subjects of a neutral state, is not such a breach of neutrality as to be either a cause of war or of complaint, provided the loan is made for the purpose of getting good interest, and not for the purpose of enabling one belligerent to attack the other. Phillimore very properly regards this as a manifest frittering away of the important duties of the neutral; and that it is as much a violation of neutral duty to furnish the one as the other of the "two main nerves, iron and gold," for the equipage and conduct of the war. The English courts have decided that such laws are in violation of international law, and that they will take no notice of, or render any assistance in, any transactions growing out of such loans, unless raised with the special license of the crown.

Halleck, p. 526.

The private person, if the laws of his own state or some special treaty do not forbid, can lend money to the enemy of a state at peace with his own country for purposes of war [Can sell it arms, ammunition, or any article of war].

Woolsey, p. 280.

Contra as to (b).

*

When a person belonging to a neutral state takes permanent civil service with a foreign state he identifies himself so fully with

*

it that he becomes the enemy of its enemies for every purpose. When he merely contracts to do specific services, he becomes an enemy to the extent, and for the purposes, of those services.

Hall, p. 521.

A modern belligerent no more dreams of complaining because the markets of a neutral nation are open to his enemy for the purchase of money, than because they are open for the purchase of cotton. The reason is obvious. Money is in theory and in fact an article of commerce in the fullest sense of the word.

Hall, p. 620.

Tried therefore by the tests which have been suggested as imposed by the theory of neutrality, loans by neutral individuals to belligerent states must be pronounced legitimate, and such they are in fact held to be. During the Franco-German war of 1870, large parts of the loans contracted by both belligerents were raised without objection in England.

Westlake, vol. 2, p. 252.

Money is a form of merchandise, and neutral subjects may trade in it; though if they send to one belligerent specie or negotiable securities, the cruisers of the other may capture them on their voyage as being contraband of war.

Lawrence, p. 631.

Since relations of peace obtain between either of the belligerents and neutral States, the subjects of the latter can, by way of trade and otherwise, render many kinds of service to either belligerent without thereby losing their neutral character.

Oppenheim, vol. 2, p. 108.

Contra as to (b).

*

* *

Since Great Britain has entered a reservation against articles 16, 17, and 18 of Convention V she is not bound by them. It is, however, of importance to state that articles 17, and 18(a)-not 18 (b) enact only such rules as were always customarily recognised, * *. The matter is different with regard to article 18 (b), which creates an entirely new rule, for nobody has hitherto doubted that the members of the police force and the administrative officials of the enemy bear enemy character whether or no they are subjects of the enemy State.

Oppenheim, vol. 2, p. 109 (note).

Explanatory as to (b).

This stipulation must, however, be read with caution. It can only mean that such individuals do not lose their neutral character to a greater degree than other subjects of neutral States resident on enemy territory; it cannot mean that they are in every way to be considered and treated like subjects of neutral States not residing on enemy territory.

Oppenheim, vol. 2, p. 109-110.

Article 18, Hague Convention V. 1907, is substantially identical with section 245, Austro-Hungarian Manual, 1913.

RECIPROCAL TREATMENT, BY NEUTRAL AND BELLIGERENT, OF RAILWAY MATERIAL FROM THE TERRITORY OF THE OTHER COUNTRY.

Railway material coming from the territory of neutral Powers, whether it be the property of the said Powers or of Companies or private persons, and recognizable as such, shall not be requisitioned or utilized by a belligerent except where and to the extent that it is absolutely necessary. shall be sent back as soon as possible to the country of origin.

A neutral Power may likewise, in case of necessity, retain and utilize to an equal extent material coming from the territory of the belligerent Power.

Compensation shall be paid by one party or the other in proportion to the material used, and to the period of usage.— Hague Convention V, 1907, Article 19.

The plant of railways coming from neutral States, whether the property of those States, or of companies, or of private persons, shall be sent back to them as soon as possible.

Hague Convention II, 1899, Article 54.

The same reasons [why the property of neutral residents are in principle exposed to the violence of war do not apply to property which may enter a territory in the course of a business carried on elsewhere, and which in the same course would soon leave it again. Such is the rollingstock of a foreign state or railway company, which cannot avoid crossing and recrossing the frontier from time to time. or a ship which enters a port of the territory in the course of the trade of a merchant in a foreign country, to whom she belongs or by whom she is chartered. In such cases the neutral owner has in some measure entrusted his property to the fortunes of the enemy, though not so far as to identify it with him, and the just course is to allow it to be requisitioned for a real military necessity, compensation being paid. In the case of rollingstock the invader may further plead that it takes the place of a corresponding quantity belonging to the railways of the country, which is probably abroad, or that if those railways are worked by the aid of foreign rollingstock in excess of an equal exchange, then the foreign owners who consent to that mode of working are really carrying on business in the country.

Westlake, vol. 2, pp. 131, 132.

It is therefore clear that the return of rolling stock" as soon as possible,” which was required by the H LIV of 1899 as well as by

the (19) now before us, was not by the former, any more than by the latter it is now, intended in a wider sense than to prevent its abusive detention, and, by acknowledging the right to its return, to make it the invader's duty to pay compensation for its use and de

terioration.

Westlake.. vol. 2, p. 132.

* * * in land warfare, when it has hitherto been the custom to lay hands on all the transport within reach without drawing nice distinctions as to its ownership, the practice is now surrounded with the closest restrictions.

Lawrence, p. 628.

* * *

The question has been raised as to whether a neutral whose rolling stock runs on the railway lines of a belligerent, may continue to leave such rolling stock there although it is being used for the transport of troops, war material, and the like. The answer, I believe, ought to be in the negative, for there is no doubt that, if the rolling stock remains on the railway lines of a belligerent, the neutral concerned is indirectly rendering transport services to the belligerent. Oppenheim, vol. 2. p. 433.

That such rolling stock [belonging to private railway companies of a neutral State] may not, without the consent of the companies owning it, be made use of by a belligerent for the transport of troops, war material, and the like, except in the case of and to the extent required by absolute necessity, follows from Article 19 of Convention V. But, if a private railway company gives its consent, and if its rolling stock is made use of for warlike purposes, it acquires enemy character, article 19 of Convention V. does not apply. and the other belligerent may seize and appropriate it as though it were the property of the enemy State.

Oppenheim, vol. 2, p. 434.

Article 19, Hague Convention V, 1907, is substantially identical with section 246, Austro-Hungarian Manual, 1913.