"ART. III. Belligerents are likewise forbidden to: "(a) Erect on the territory of a neutral Power a wireless telegraphy station or other apparatus for the purpose of communicating with belligerent forces on land or sea; "(b) Use any installation of this kind established by them before the war on the territory of a neutral Power for purely military purposes, and which has not been opened for the service of public messages. "ART. VIII. A neutral Power is not called upon to forbid or restrict the use on behalf of the belligerents of telegraph or telephone cables or of wireless telegraphy apparatus belonging to it or to companies or private individuals." 1 While the law in regard to wireless communication is not settled yet certain principles seem to be recognized. 1. A belligerent may regulate or prohibit the use of wireless telegraph within the area of operations. 2. Unneutral use of wireless telegraph on board a neutral vessel makes the vessel liable to the penalty for unneutral service. 3. The wireless apparatus is similarly liable to penalty, i.e. it may be confiscated or sequestrated. 1 Appendix, pp. 420, 421; see also International Law Situations, U. S. Naval War College, 1907, pp. 138-176. OUTLINE OF CHAPTER XX CONDUCT OF HOSTILITIES 110. BELLIGERENT OCCUPATION. (a) The sovereignty of the occupied territory. (b) The local laws of the invaded state. (c) Public and private property. 111. FORBIDDEN METHODS IN THE CONDUCT OF HOSTILITIES (a) Declarations of the Hague Conferences on this subject. 112. PRIVATEERS. 113. VOLUNTARY AND AUXILIARY NAVY. (a) The organization of a volunteer navy. 114. CAPTURE AND RANSOM. (a) The exemption from capture of private property at sea. (c) The captured vessel as a prize. 115. POSTLIMINIUM. (a) The jus postliminium defined. 116. 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. CHAPTER XX1 CONDUCT OF HOSTILITIES 110. Belligerent Occupation This was defined by the Institute of International Law, at Oxford in 1880, as follows: "A territory is considered to be occupied, when, as the result of its invasion by an enemy's force, the State to which it belongs has ceased, in fact, to exercise its ordinary authority within it, and the invading State is alone in a position to maintain order. The extent and duration of the occupation are determined by the limits of space and time within which this state of things exists." In the Hague Convention of 1907 it is stated that: 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 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. 2 See Appendix, pp. 417-418. The sovereign 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 territory. During the nineteenth century it was given a clearer definition. Belligerent occupation is a fact impairing the usual jurisdiction, but it does not transfer sovereignty. ty of occupied territory. Local laws of invaded state. (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 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. (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. Public and private property. "ART. LIII. An army of occupation can only take possession of cash, funds, and realizable securities which are strictly the property of the State, depôts of arms, means of transport, stores and supplies, and, generally, all movable property belonging to the State which may be used for military operations. All appliances, whether on land, at sea, or in the air, adapted for the transmission of news, or for the transport of persons or things, exclusive of cases governed by naval law, depôts of arms, and, generally, all kinds of ammunition of war, may be 66 seized, even if they belong to private individuals, but must be restored and compensation fixed when peace is made." 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. 111. Forbidden Methods In the conduct of hostilities certain methods of action and certain instruments are generally forbidden. Deceit involving perfidy is forbidden.3 As there are certain conventional agreements held to exist even between enemies, violations of these agreements remove from the violator the protection of the laws of war. On land it is not permitted "(a) To employ poison or poisoned weapons; (b) To kill or wound treacherously individuals belonging to the hostile nation or army; "(c) To kill or wound an enemy who, having laid down his arms, or having no longer means of defense, has surrendered at discretion; "(d) To declare that no quarter will be given; (e) To employ arms, projectiles, or material calculated to cause unnecessary suffering; "(f) To make improper use of a flag of truce, of the national flag, or of the military insignia and uniform of the enemy, as well as the distinctive badges of the Geneva Convention; "(g) To destroy or seize the enemy's property, unless such destruction or seizure be imperatively demanded by the necessities of war; "(h) To declare abolished, suspended, or inadmissible in a Court of law the rights and actions of the nationals of the hostile party. 1 1 Appendix, p. 419. 2 Appendix, pp. 357, 418. Appendix, p. 353. |