tion and the rule of the principles of international law as they result from the usages established among civilized peoples, from the laws of humanity, and the dictates of the public conscience." 1

The provisions are to become binding upon the contracting states, and are to be made the regulations for their armed land forces. Non-signatory states may adhere to the Convention upon giving proper notification.2 This Convention has been so widely adopted that it may be said to be generally binding for the subjects of which it treats.3 Earlier codes and orders must be consulted for subjects not contained in the Hague Convention.4

1 Preliminary Declaration, Appendix, p. 409. List of Signatory States, Appendix, p. 389.

'Ibid., Appendix, p. 410. See Appendices.

OUTLINE OF CHAPTER XVII

STATUS OF PERSONS IN WAR

101. PERSONS AFFECTED BY WAR.

(a) Subjects of enemy states.

(b) Subjects of neutral states.

(c) Combatants and noncombatants.

102. COMBATANTS.

(a) Status of combatants allowed to two classes engaging in de

fensive hostilities.

(b) Status of combatants not allowable for those engaging in aggressive hostilities without state authorization.

103. NONCOMBATANTS.

(a) Status of noncombatants within a territory under control of an

enemy.

(b) Status of subjects of one belligerent state within the jurisdiction of the other.

CHAPTER XVII

STATUS OF PERSONS IN WAR

101. Persons Affected by War

(a) By the strict states are enemies.1

theory of war the subjects of enemy The treatment of the subjects of

enemy states is not, however, determined by the allegiance alone, but in part by conduct and in part by domicile of the subject.

(b) The subjects of neutral states are affected by their relations to the hostile states as established by their own government, as determined by their conduct, and as determined by their domicile.

(c) By conduct persons are divided into combatants and noncombatants, according as they do or do not participate in the hostilities. The status of such persons may be further modified by domicile or by political allegiance.

102. Combatants

Combatants in the full sense are the regularly authorized military and naval forces of the states. They are liable to the risks and entitled to the immunities of warfare, and if captured become prisoners of war.

The Hague Convention of 1907 respecting the Laws and Customs of War on Land, which was a revision of that of 1899, provided that

1 Hall, p. 490; Instr. U. S. Armies, § 20, 21, 22; Appendix, pp. 353, 354.

"ARTICLE I. The laws, rights, and duties of war apply not only to armies, but also to militia and volunteer corps fulfilling the following conditions:

"1. To be commanded by a person responsible for his subordinates;

"2. To have a fixed distinctive emblem recognizable at a distance;

"3. To carry arms openly; and

"4. To conduct their operations in accordance with the laws and customs of war.

"In countries where militia or volunteer corps constitute the army, or form part of it, they are included under the denomination 'army.'" 1

(a) The status of combatants is also allowed to two classes which engage in defensive hostilities:

(1) The officers and crew of a merchant vessel which defends itself by force are liable to capture as prisoners of war.

(2) With regard to levies en masse much difference of opinion existed. Article 10 of the Declaration of Brussels, 1874, was adopted at the Hague Conferences in 1899 and 1907, and may be considered as representing a generally accepted position, namely, “The population of a non-occupied territory, who, on the approach of the enemy, of their own accord take up arms to resist the invading troops, without having had time to organize themselves in conformity with Article 1 [providing for responsible leader, uniform, etc.], shall be considered as belligerents if they carry arms openly and if they respect the laws and customs of war." 2

(b) The status of combatants is not allowable for those who, without state authorization, engage in aggressive hostilities.

1 Appendix, p. 411.

See Appendix, p. 411.

(1) When in the time of war the officers and crew of a merchant vessel attack another merchant vessel, they are liable to punishment according to the nature of their acts, and the state to which they owe allegiance is only indirectly responsible, nor can they claim its protection.

(2) When bands of men without state authorization and control, such as guerrilla troops or private persons, engage in offensive hostilities, they are liable to the same treatment as above mentioned.

(3) Spies are those who, acting secretly or under false pretenses, collect or seek to collect information. in the districts occupied by the enemy, with the intention of communicating it to the opposing force.1 Such agents are not forbidden, but are liable to such treatment as the laws of the capturing army may prescribe. This may be death by hanging, though a spy is always entitled to a trial. The office of spy is not necessarily dishonorable.

"Soldiers not in disguise who have penetrated into the zone of operations of a hostile army to obtain information are not considered spies. Similarly, the following are not considered spies: soldiers and civilians, carrying out their mission openly, charged with the delivery of dispatches destined either for their own army or for that of the enemy. To this class belong likewise individuals sent in balloons to deliver dispatches, and generally to maintain communication between the various parts of an army or a territory." 2

103. Noncombatants

Noncombatants include those who do not participate in the hostilities. In practice this status is generally conceded 'Appendix, p. 416.

1 Appendix, pp. 367, 416.