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graph lines on land, its submarine cables, and wireless apparatus does not imply the power to use them or permit their use to lend a manifest assistance to one of the belligerents.
1 Hague conference 1907, Actes Vol. III, p. 56. No mention is made of the use of postal services in these rules. It is assumed that they can be used, subject to the same restrictions.
408. Impartiality.-H. C. V, Art. IX. Every measure of restriction or prohibition taken by a neutral power in regard to the matters referred to in Articles VII and VIII (pars. 403, 406) must be impartially applied by it to both belligerents.
A neutral power must see to the same obligation being observed by companies or private individuals owning telegraph or telephone cables or wireless telegraph apparatus.
409. Use of neutral territory to establish wireless telegraphy.H. C. V, 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.
1 This paragraph was intended to prohibit in future a repetition of the action by Russia in establishing a wireless station at Chefoo in Chinese territory, by means of which communication was kept up between Port Arthur and the outer world during the siege in 1904. * Spaight, War Rights on Land, p. 490.
(6) 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."
2 Vide Hague Con., 1907, Actes, Vol. III, p. 53.-" The inviolability of the territory of a neutral State is incompatible with the use of this territory by a belligerent in the aid of any of the objects that Art. III is directed at.”
410. Neutral state must prohibit acts on its own territory.H. C. V, Art. V. A neutral power must not allow any of the acts referred to in Articles II to IV (pars, 391, 396, 409) to occur on its territory.
It is not called upon to punish acts in violation of its neutrality unless the said acts have been committed on its own territory.
BELLIGERENTS INTERNED IN NEUTRAL TERRITORY, 411. Internment.-H. C. V, Art. XI. A neutral power which receives on its - territory troops belonging to the belligerent armies shall intern them, as far as possible, at a distance from the theater of war.
It may keep them in camps and even confine them in fortresses or in places set apart for this purpose.
It shall decide whether officers can be left at liberty on giving their parole not to leave the neutral territory without permission.
412. Duty of neutral state.-A neutral is not bound to permit belligerent troops to enter its territory. On the other hand it may permit them to do so without violating its neutrality. But they must be interned or confined in places designated by the neutral. They will naturally be disarmed and placed under the necessary guard, thereby occupying in many respects the same status as prisoners of war.'
1 See as to inviolability of neutral territory, supra, pars. 391–395 and notes.
413. Neutral can impose terms.-If troops or soldiers of a belligerent are permitted to seek refuge in neutral territory, the neutral can impose the terms upon which they may do so. In case of large bodies of troops seeking refuge in neutral territory, these conditions will be usually stipulated in a convention drawn up by and between the duly authorized representative of the neutral power and the senior officer of the troops."
1 The historical example of this is the convention drawn up between Gen. Clinchant, of the French Army, and the Swiss general, Herzog, appendix A to this chapter.
414. Parole of officers.—Beyond the right of deciding which, if any, of the officers are to be paroled, no conditions are specified and no penalties are prescribed for breach of parole.
i The proposition by Japan" that officers and other members of the armed forces of a belligerent should not be given their liberty or authorized to return to their country except with the consent and under conditions laid down by the other belligerent, and that the parole given to a neutral State by such individuals should be deemed equivalent to a pledge given to the enemy," was rejected by the committee. Hague Con. Actes, Vol. III, p. 61. As to medical personnel, see infra, par. 424.
415. Disposition of arms, equipment, etc. The munitions, stores, and effects which the interned troops bring with them should be restored to their Government at the termination of the war."
i Vide Appendix A to this chapter. The foregoing rule is subject to the exception that the neutral State would certainly sell such articles as are subject to deterioration, utilizing the proceeds for the maintenance of the troops. As to material captured by and in the hands of the troops seeking asylum in neutral territory, the proposition was made that it should be returned at the end of the war to the Government from which it was captured. Objection was raised to this, and the proposal was withdrawn. Hague Conference Actes, Vol. III, pp. 59-60.
416. Maintenance.--H. C. V, Art. XII. In the absence of a special convention to the contrary, the neutral power shall supply the interned with the food, clothing, and relief required by humanity.
At the conclusion of peace the expenses caused by the internment shall be made good.?
1 Šee Appendix A; 'this chapter.
417. Prisoners of war.-H. C. V, Art. XIII. A neutral power which receives escaped prisoners of war shall leave them at liberty. If it allows them to remain in its territory it may assign them a place of residence.
The same rule applies to prisoners of war brought by troops taking refuge in the territory of a neutral power.'
1 Note that a different rule applies with regard to sick and wounded prisoners of the enemy forming part of a convoy permitted to pass through neutral territory under Art. XIV, par. 2. See pars. 107, 418, and 422.
418. Sick and wounded.-H. C. V, Art. XIV. A neutral power may authorize the passage into its territory of the sick and wounded belonging to the belligerent armies, on condition that the trains bringing them shall carry neither personnel or war material. In such a case, the neutral power is bound to take whatever measures of safety and control are necessary for the purpose.
The sick or wounded brought under these conditions into neutral territory by one of the belligerents, and belonging to the hostile party, must be guarded by the neutral power so as to insure their not taking part again in the military operations. The same duty shall devolve on the neutral State with regard to wounded or sick of the other army who may be committed to its care,
1 See pars. 107, 417 and 422, and note.
419. Obligations of neutral State.-The neutral power is under no obligation to permit the passage of a convoy of evacuation of sick and wounded through its territory, but when permitted to pass, the neutral must exercise control, must see that neither personnel nor matériel is carried, and generally must accord impartiality of treatment to the belligerents."
1 Recognizing that in facilitating the evacuation of sick and wounded of a belligerent a neutral power may render valuable assistance to a belligerent, it was officially explained in the peace conference in 1899 that the article had no other meaning than "to establish that considerations of humanity and hygiene might determine a neutral State to permit such sick and wounded soldiers to cross its territory without failing in its duties of neutrality." Land Warfare, Opp. par. 495. Hague Conference 1899, p. 153.
420. Consent of other belligerent. There is no indicated necessity for obtaining the consent of the other belligerent before granting authority for the passage of the convoy, but this action seems advisable, especially where the passage of a considerable body of sick and wounded is contemplated.'
1 French Manual, p. 82. Neutral States abstain from authorizing the transit of convoys of sick and wounded until the consent of the belligerent has been obtained," In 1870-1 Belgium, after consulting with England, refused passage of German sick and wounded across its territory on the ground that it would be a breach of neutrality. Luxemburg authorized such passage. Land Warfare, Opp. par. 406, note a.
421. Siok and wounded of. belligerent convoying same. The sick and wounded of the belligerent convoying them may be
carried through to their own territory, If, however, they are left in the neutral's territory they must be interned so as to insure their not taking part again in the war.
422. Sick and wounded prisoners of war.-Sick and wounded prisoners of war brought into neutral territory as part of a convoy of evacuation, granted right of passage through neutral territory, can not be transported to their own country nor liberated, as are prisoners of war escaping into or brought by troops seeking asylum in neutal territory, but must be detained by the neutral power."
1 See par. 417 supra.
423. The Geneva convention.-H. C. V, Art. XV. The Geneva convention applies to sick and wounded interned in neutral territory.
424. Medical personnel.-The medical personnel belonging to belligerent forces, who have sought asylum and are interned under Article XI (par. 411), can be released by the neutral and permitted to return to their own State or army. Medical personnel and matériel necessary for the care of the sick and wounded of a convoy of evacuation, permitted to pass through neutral territory under Article XIV (par. 418), may be per mitted to accompany the convoy. The neutral State may retain the necessary medical personnel and matériel for the care of the sick and wounded left in its care, and, failing this, may furnish same and will have expense of same refunded by the belligerent concerned after the termination of the war.?
1 See note 1, par. 414 supra.
425. Neutral persons.-H. C. V, Art. XVI. The nationals of a State which is not taking part in the war are considered as neutrals,
1 The intention in using the word “nationaux" was to convey the idea of " citizens as understood in the English use of the word. Hague Convention Actes, 1907, p. 64.
426. Neutral persons resident in enemy territory.-Neutral persons resident in occupied territory are not entitled to claim different treatment, in general, from that accorded the other inhabitants. They must refrain from all participation in the war, from all hostile acts, and observe strictly the rules of the occupant.
1 The articles relating to neutral persons (XVI, XVII, and XVIII) are what is left of twelve articles proposed to The Hague by Germany. England has never ratified them. The intention of these articles was to accord preferential treatment to the neutral persons and property during war. With regard to the suppressed articles the following two voeux were adopted by the conference :
"1. That in case of war the competent authorities, civil and military, shall make it a special duty to assist and protect the maintenance of peaceful relations, and in particular of commercial and industrial relations, between the inhabitants of the belligerent states and neutral States.
;" 2. That the high contracting powers shall seek to establish, by agreements between them, uniform contractual provisions determining the
relations, in respect of military obligations, of each State with foreigners established in its territory.”
Vide supra pars. 312 et seq. Mr. Oppenheim (Land Warfare) says: Subjects of neutral powers not resident but only on a temporary visit within occupied territory can, to a certain extent, claim different treatment from that accorded to inhabitants, provided they take no part in the war. For instance, they are as a rule exempt from requisitions and contributions, and, if their property is required for military ends and needs, they must be fully indemnified.” Par. 505 and note.
427. Diplomatic agents.-Diplomatic agents of neutral sovereigns and Governments must be treated with all courtesy, and be permitted such freedom of action as is possible to allow, with due regard to the necessities of the war.
1 The same rule applies to consuls of non-Christian countries, excluding Japan. In all countries consuls, while not diplomatic agents, are entitled to have their persons and offices exempted from martial law, except in urgent cases, although their property and business are not necessarily exempted.
As to right of correspondence, see Dig. Int. Law, Moore, sec. 675, as to correspondence by Mr. Washburn, our ambassador in Paris at the time of the siege of that city.
The Japanese in the exceptional case of correspondence by the Imperial Government at Peking and the Provinces in Manchuria laid down the following rules :
"1. Communications of the Government of Peking with local officials in the territory occupied by the enemy, through territory occupied by our army. Not permitted.
“ 2. Communications addressed by the local Chinese functionaries in the country occupied by the enemy to the Peking Government through territory occupied by our army. Permitted by a designated route which could not be used returning.
3. Communications from the local Chinese functionaries in the territory occupied by our army to those in territory occupied by the enemy. Absolutely prohibited, except after minute examination by our army.
4. Communications from local Chinese functionaries in territory occupied by the enemy with regions occupied by our army. Permitted after examination at the outposts of the messengers and the official communications.
“5. Communications between the Government at Peking and the local functionaries in territory occupied by our army. Absolutely free. Ariga. pp. 544-547."
428. Punishments.-All subjects of neutral powers whether resident or temporarily visiting in occupied territory may be punished for offenses committed by them to the same extent and in the same manner as enemy subjects.?
1 Vide supra Military occupation, Chapter VIII, and Penalties for Violations of the Laws of War, Chapter X.
429. Forfeiting rights by neutrals.-H. C. V, Art. XVII. A neutral can not avail himself of his neutrality:
(a). If he commits hostile acts against a belligerent.
(6) If he commits acts in favor of a belligerent, particularly if he voluntarily enlists in the ranks of the armed force of one of the parties.
In such a case, the neutral shall not be more severely treated by the belligerent as against whom he has abandoned his neu