dedicated to religion, art, science, or charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected, provided that they are not being used at the time for military purposes.

It is the duty of the besieged to indicate the presence of such buildings or places by distinctive and visible signs, which shall be notified to the enemy beforehand.

226. Use of Geneva flag limited to hospitals, etc.-Only hospitals and places where the sick and wounded are located can be indicated by means of the red cross on a white ground. It is certainly desirable, in order to avoid injury from actual or erratic shots, that the sick and wounded in besieged places should be concentrated in some safe place, preferably in neutral territory, if possible to arrange.

227. Hague Convention IX, Art. V, par. 2, 1907. It is the duty of the inhabitants to indicate such monuments, edifices, or places by visible signs, which shall consist of large stiff rectangular panels divided diagonally into two colored triangular portions, the upper portion black, the lower portion white.1

1 The foregoing rule adopted in this convention for naval warfare should be adopted for protecting buildings under bombardment in land warfare.

228. Buildings protected can not be used for military purposes. The besieging forces are not required to observe the signs indicating inviolability of buildings that are known to be used for military purposes, such as quarters for officers and men, as observatories, or signaling stations.

229. Pillage forbidden.-H. R. XXVIII. The pillage of a town or place, even when taken by assault, is prohibited.1

1 Vide infra, par. 339 and note,

CHAPTER VII, SECTION I.

INTERCOURSE BETWEEN BELLIGERENTS,

230. Nonintercourse the rule. All intercourse between the territories occupied by belligerent armies, whether by traffic, by letter, by travel, or in any other way, ceases. This is the general rule, to be observed without special proclamation.1

1 G. O. 100, 1863, art. 86, par. 1. See also the following cases: The Rapid (8 Cranch, 155); The Julia (8 Cranch, 181); Montgomery v. U. S. (8 Wall., 185); McKee v. U. S. (8 Wall., 163); Hamilton v. Dillin (21 Wall., 73); Griggs (22 Op. Att. Gen., 268).

231. Exceptions to rule.-Exceptions to this rule, whether by safe-conduct, or permission to trade on a small or large scale, or by exchanging mails, or by travel from one territory into the other, can take place only according to agreement approved by the government or by the highest military authority. Contraventions of this rule are highly punishable.1

Hamilton v. Dillin (21 Wall., 73).

1 G. O. 100, 1863, art. 86, par. 2. 232. Good faith essential.-It is absolutely essential in all non-hostile relations that the most scrupulous good faith shall be observed by both parties, and that no advantage not intended to be given by the adversary shall be taken.1

1 Vide, ante, par. 190,

233. Ambassadors and diplomatic agents.-Ambassadors and other diplomatic agents of neutral powers, accredited to the enemy, may receive safe-conducts through the territories occupied by the belligerents, unless there are military reasons to the contrary, and unless they may reach the place of their destination conveniently by another route. It implies no international affront if the safe-conduct is declined. Such passes are usually given by the supreme authority of the state, and not by the subordinates.1

1 G. O. 100, 1863, art. 87. Vide par. 219, supra.

234. Rules, where found.-These non-hostile relations are usually comprised under the headings of parlementaires, and flags of truce, armistices, capitulations, passports, and safe-conducts, safeguards, and cartels.'

1 Vide pars. 83-85a and 166, ante, for intercourse in re prisoners of war, sick, and wounded.

PARLEMENTAIRES AND FLAGS OF TRUCE.

235. Parlementaires.-Parlementaires are ordinarily agents in the non-hostile intercourse of belligerent armies.' Their duties

include every form of communication with the enemy in the field.

1 The adoption of the word "parlementaire" to designate and distinguish the agent or envoy seems absolutely essential in order to avoid confusion and because all other nations, including Great Britain, utilize the word. In the past this word has been translated at times to mean the agent or envoy only, at other times the agent and emblem, or both. To call the parlementaire "the bearer of a flag of truce is not in reality correct, because he seldom, if ever, actually carries it.

236. H. R. XXXII. A person is regarded as a parlementaire (bearing a flag of truce) who has been authorized by one of the belligerents to enter into communication with the other, and who advances bearing a white flag. He has a right to inviolability, as well as the trumpeter, bugler or drummer, the flag bearer, and interpreter who may accompany him.

237. Soldiers acquainted with privileges of, etc.-All soldiers, of whatever grade, should be thoroughly acquainted with the qualifications and privileges accorded parlementaires and with the proper method of receiving them when they present themselves.1

1 Vide, F. S. R., 1914, par. 48.

Bearers of flags of truce and their escorts are halted and required to face outwards; they are then blindfolded and disposed of in accordance with instructions from the support commander; if they fail to obey, they are fired upon. No conversation with them is permitted.

Deserters are required to lay down their arms, and a patrol is sent out to bring them in. Deserters pursued by the enemy are ordered to drop their arms and an alarm is given; if they fail to obey they are fired upon.

238. Signification of white flag.-The white flag, when used by troops, indicates a desire to communicate with the enemy. The hoisting of a white flag has no other signification in interna→ tional law. It may indicate that the party hoisting it desires to open communication with a view to an armistice or a surrender. If hoisted in action by individual soldiers or a small party, it has come to signify surrender. It is essential, therefore, to determine whether the flag was actually hoisted by authority of the commander.

239. Fire need not cease when white flag is hoisted.-The enemy is not required to cease firing when a white flag is raised. To indicate that the hoisting is authorized, the belligerent should cease firing. He should also send a parlementaire.1 1 G. O. 100, 1863. Firing is not required to cease on the appearance of a flag of truce in battle."

66

Ariga, p. 274. "There are several hypotheses in which an enemy may hoist the white flag and the conduct to be pursued in each case.

"1. If a soldier hoists a white flag (he can use a handkerchief, etc.), indicating that he surrenders, make him a prisoner of war.

"2. During the bombardment of a fortress, although a particular fort hoist the white flag, there is no necessity to cease firing on that fort. Bombardment must be continued until an agreement is come to by the arrival of a parlementaire. Special order to cease fire will then be given by the commander of the army.

"3. The same course will be pursued if all the forts hoist a white flag; but in this case a report will be made as soon as possible to headquarters. Whilst awaiting orders fire will continue.

4. If during a bombardment a parlementaire is seen leaving the enemy's lines, fire must not on any account' be stopped or relaxed. in the direction from which he comes, but he must not be fired on intentionally."

Vide also Land Warfare, Opp., p. 52 and note 2.

240. Fire not to be directed on the parlementaire.—The fire should not be intentionally directed on the person carrying the flag or upon those with him; if, however, the parlementaire or those near him present themselves during an engagement and are killed or wounded, it furnishes no ground for complaint. It is the duty of the parlementaire to select a propitious moment for displaying his flag, such as during the intervals of active operations, and to avoid the dangerous zone by making a detour.1

1"If the bearer of a flag of truce, presenting himself during an engagement, is killed or wounded, it furnishes no ground of complaint whatever." G. O. 100, 1863, art. 113.

241. Must be duly authorized. The parlementaire, in addition to presenting himself under cover of a white flag, must be duly authorized in a written instrument signed by the commander of the forces.1

1 Ariga, pp. 302-304, gives the correspondence covering the capitulation of Port Arthur, including the terms of the capitulation. The usual form of authorization was I authorize by these presents negotiate, etc.," which was signed by the commander in chief.

to

242. No communication at night.-No provision is made for opening communication with an enemy during the hours of darkness, when a white flag can not be seen. An attempt to send a parlementaire at night is very dangerous, and at best uncertain.

243. H. R. XXXIII. The commander to whom a parlementaire is sent is not obliged to receive him under all circumstances. He may take all the necessary steps to prevent the parlementaire from taking advantage of his mission to obtain information. In case of abuse, he has the right to detain the envoy temporarily. 244. May prescribe formalities.-The commander may declare the formalities and conditions upon which he will receive a parlementaire and fix the hour and place at which he must appear. The present rule is that a belligerent may not declare beforehand, even for a specified period-except in case of reprisal for abuses of the flag of truce-that he will not receive parlementaires. An unnecessary repetition of visits need not be allowed.3

1

1 Ariga, pp. 277 and 303, gives two instances in which Gen. Baron Nogi fixed definitely the hour and place for the parlementaire to report. The old rule, announced at the Brussels conference of 1874, was as follows: "He (the commander) may equally declare beforehand that he will not receive bearers of flags of truce during a certain period. EnVoys presenting themselves after such notification from the side to which it has been given forfeit their inviolability." This rule is still

adhered to by Germany and some others, but was rejected by The Hague Convention of 1899, and again in 1907. Vide Higgins, The Hague Peace Conferences, p. 279, and Holls, The Peace Conferences at The Hague, p. 154. Mr. Oppenheim, Land Warfare, p. 53, art. 234 considers that this action may be taken as matter of reprisal for abuses of flags of truce. Vide par. 249 and note.

3 G. O. 100, 1863, art. 111. "The bearer of a flag of truce can not insist upon being admitted. He must always be admitted with great caution. Unnecessary frequency is carefully to be avoided." Vide also Land Warfare, Opp., par, 236.

245. Who may accompany the parlementaire.—Only three persons are authorized to accompany the parlementaire. These, under the rule, are entitled to the same immunity. In case he is to have more than these, authority for the same should be previously obtained.' He may be accompanied by a less number, and may even go alone with the flag of truce. It is advisable to have at least a trumpeter, bugler, or drummer with him in order to more readily and surely make known his status, thereby avoiding danger as much as possible."

1 The Germans add horseholders to these three authorized attendants, but there is no authority for adding anyone or to expect immunity to be granted to any others. Kriegsbrauch, p. 26.

2 Hague conference, 1899, p. 147, clearly authorizes a parlementaire to proceed alone. Kriegsbrauch, p. 26, "The bearer of a flag ought to be externally recognizable as such, and especially by signs which catch the sight and hearing from a distance and which are used and which are well known everywhere, the flag of truce (in case of necessity, a white handkerchief, etc.), calls on the bugle or trumpet, roll of the drum."

246. Formalities in the reception of parlementaires.—1. The parlementaire, with necessary authorization and with his duly authorized attendants, should approach the enemy's outpost or lines at a slow pace. When he arrives near enough to be recognized that is, seen and heard-he causes his trumpet or bugle to be sounded or drum to be beaten and his flag to be waved.

2. He then advances at a slow pace toward the line, carefully obeying all instructions signaled or given him by any party of the enemy sent out to meet or conduct him.

3. He will then proceed to the point and by the route designated for receiving him. He may be furnished an escort for this by the enemy.

4. On arriving at the post of admittance the bearer and his escort dismount, and, leaving the escort at a convenient distance in rear, he proceeds on foot to the commander or senior officer of the post and states his mission.

5. The escort should not attempt to enter the lines with the parlementaire, and must obey all instructions or signals given

them.

6. Marked courtesy must be observed on both sides. Conversation should be prudent and not touch upon the military operations. Great care will be exercised not to ask for nor to impart information.