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XXXV. The duties of belligerents, with regard to the treatment of sick and wounded, are regulated by the Convention of Geneva of the 22d August, 1864, subject to the modifications which may be introduced into that convention.
XXXVI. The population of an occupied territory can not be compelled to take part in military operations against their own country.
XXXVII. The population of occupied territories can not be compelled to swear allegiance to the enemy's power.
XXXVIII. The honor and rights of the family, the life, and property of individuals, as well as their religious convictions and the exercise of their religion, should be respected.
Private property can not be confiscated.
XL. As private property should be respected, the enemy will demand from parishes (communes) or the inhabitants, only such payments and services as are connected with the necessities of war generally acknowledged in proportion to the resources of the country, and which do not imply, with regard to the inhabitants, the obligation of taking part in the operations of war against their own country.
XLI. The enemy, in levying contributions, whether as equivalents for taxes (vide Art. V), or for payments which should be made in kind, or as fines, will proceed, as far as possible, according to the rules of the distribution and assessment of the taxes in force in the occupied territory.
The civil authorities of the legal government will afford their assistance, if they have remained in office.
Contributions can be imposed only on the order and on the responsibility of the general in chief, or of the superior civil authority established by the enemy in the occupied territory.
For every contribution a receipt shall be given to the person furnishing it.
XLII. Requisitions shall be made only by the authority of the commandant of the locality occupied.
For every requisition an indemnity shall be granted or a receipt given.
XLIII. An individual authorized by one of the belligerents to confer with the other, on presenting himself with a white flag, accompanied by a trumpeter (bugler or drummer), or also by a flag bearer, shall be recognized as the bearer of a flag of truce. He, as well as the trumpeter (bugler or drummer), and the flag bearer who accompany him, shall have the right of inviolability.
XLIV. The commander to whom a bearer of a flag of truce is dispatched is not obliged to receive him under all circumstances and conditions.
It is lawful for him to take all measures necessary for preventing the
bearer of the flag of truce taking advantage of his stay within the radius of the enemy's position to the prejudice of the latter; and if the bearer of the flag of truce is found guilty of such a breach of confidence, he has the right to detain him temporarily.
He may equally declare beforehand that he will not receive bearers of flags of truce during a certain period. Envoys presenting themselves after such a notification from the side to which it has been given forfeit their right of inviolability.
XLV. The bearer of a flag of truce forfeits his right of inviolability if it be proved in a positive and irrefutable manner that he has taken advantage of his privileged position to incite to, or commit, an act of treachery.
XLVI. The conditions of capitulations shall be discussed by the contracting parties.
These conditions should not be contrary to military honor.
When once settled by a convention, they should be scrupulously observed by both sides.
XLVII. An armistice suspends warlike operations by a mutual agreement between the belligerents. Should the duration thereof not be fixed, the belligerents may resume operations at any moment; provided, however, that proper warning be given to the enemy, in accordance with the conditions of the armistice.
XLVIII. An armistice may be general or local. The former suspends all warlike operations between the belligerents; the latter only those between certain portions of the belligerent armies, and within a fixed radius.
XLIX. An armistice should be notified officially and without delay to the competent authorities and to the troops. Hostilities are suspended immediately after the notification.
L. It rests with the contracting parties to define in the clauses of the armistice the relations which shall exist between the populations.
LI. The violation of the armistice by either of the parties gives to the other the right of terminating it (le dénoncer).
LII. The violation of the clauses of an armistice by private individuals, on their own personal initiative, only affords the right of demanding the punishment of the guilty persons, and, if there is occasion for it, an indemnity for losses sustained.
LIII. The neutral state receiving in its territory troops belonging to the belligerent armies will intern them, so far as it may be possible, away from the theater of war.
They may be kept in camps, or even confined in fortresses or in places appropriated to this purpose.
It will decide whether the officers may be released on giving their parole not to quit the neutral territory without authority.
LIV. In default of a special agreement, the neutral state which receives the belligerent troops will furnish the interned with provisions, clothing, and such aid as humanity demands. The
expenses incurred by the internment will be made good at the conclusion of peace.
LV. The neutral state may authorize the transport across its territory of the wounded and sick belonging to the belligerent armies, provided that the trains which convey them do not carry either the personnel or material
In this case the neutral state is bound to take the measures necessary for the safety and control of the operation.
LVI. The Convention of Geneva is applicable to the sick and wounded interned on neutral territory.
LAWS OF WAR ON LAND
Recommended for adoption by the Institute of International Law at its session in
Oxford, September 9, 1880.
1. The state of war does not admit of acts of violence, save between the armed forces of belligerent states. Individuals who form no part of a belligerent armed force should abstain from such acts.
This rule implies a distinction between the individuals who compose the armed force of a state and its other citizens or subjects. A precise definition of the term "armed force" is, therefore, necessary. 2. The armed force of a state includes: ist. The army proper, or permanent military establishment, including
the militia and reserve forces.
fulfill the three following conditions - i.e.,
recognizable at a distance, and worn by individuals com
posing such corps.
(C) They must carry arms openly. 1 This translation is taken from Appendix F of Davis, “ Elements of International Law” (3d ed.), pp. 625-637. The original French text will be found in “ Annuaire de l'Institut de Droit International," for 1881–1882 ; pp. 157–174.
3d. The crews of public armed ships and other vessels used for war
like purposes. 4th. The inhabitants of nonoccupied territory who, at the approach
of the enemy, take arms openly and spontaneously to resist an
invader, even if they have not had time to organize. 3. Every intelligent belligerent armed force must carry on its military operations in accordance with the laws of war.
The only legitimate end that a state may have in war is to weaken the military strength of the enemy.
4. The laws of war do not recognize in belligerents an unlimited liberty as to the means of injuring the enemy. They are to abstain from all needless severity, as well as from all perfidious, unjust, or tyrannical acts.
5. Agreements made between belligerents during the continuance of war, such as armistices, capitulations, and the like, are to be scrupulously observed and respected.
6. No invaded territory is to be regarded as conquered until the end of the war. Until that time the invader exercises, in such territory, only a de facto power, essentially provisional in character.
APPLICATION OF GENERAL PRINCIPLES
(A) RULES OF CONDUCT WITH REGARD TO INDIVIDUALS
(a) Inoffensive Populations
The contest being carried on by “armed forces” only 7. It is forbidden to deal harshly with inoffensive populations.
(b) Means of Injuring the Enemy 8. It is forbidden:
(a) To make use of poison, in any form whatever.
for example, by keeping assassins in pay, or by feigning to
surrender. (c) To attack an enemy by concealing the distinctive signs of an
armed force. (d) To use improperly the national flag, uniform, or other distinc
tive signs of the enemy; the flag of truce, or the distinctive signs of the Geneva Convention.
9. It is forbidden: (a) To employ arms, projectiles, or materials of any kind calcu
lated to cause needless suffering, or to aggravate wounds notably projectiles of less weight than four hundred grammes (fourteen ounces avoirdupois) which are explosive or are
charged with fulminating or explosive substances. (b) To kill or injure an enemy who has surrendered, or who is
disabled; or to declare in advance that quarter will not be given, even by those who do not ask it for themselves.
(c) The Sick and Wounded, and the Sanitary Service
The following provisions, extracted from the Geneva Convention, exempt the sick and wounded, and the personnel of the sanitary service, from many of the needless hardships to which they were formerly exposed:
10. Wounded or sick soldiers shall be collected together and cared for, to whatever nation they may belong.
1. Commanders in chief shall have power to deliver, immediately, to the outposts of the enemy, soldiers who have been wounded in an engagement, when circumstances are such as to permit this to be done, and with the consent of both parties. Those who are recognized, after their wounds are healed, as incapable of serving shall be sent back to their own country. The others may also be sent back, on condition of not again bearing arms during the continuance of the war. Evacuations, together with the persons under whose direction they take place, shall be protected by an absolute neutrality.
12. Persons employed in hospitals and ambulances, composing the staff for superintendence, medical service, administration, transport of wounded, as well as the chaplains, and the duly accredited agents of relief associations who are authorized to assist the regular sanitary staff, shall participate in the benefit of neutrality while so employed, and so long as there remain any wounded to bring in or to succor.
13. The persons designated in the preceding article should, even after occupation by the enemy, continue to attend, according to their needs, the sick and wounded in the hospital, or ambulance, to which they are attached.
14. When they request to withdraw, the commander of the occupying troops shall fix the time of departure, which he shall only be allowed to delay, for a short time, in case of military necessity.
15. Suitable arrangements should be made to assure to neutralized persons, who have fallen into the hands of the enemy, the enjoyment of suitable salaries.