or, in urgent cases, of provision, clothing, or other necessaries. Such arrangement, however, requires the sanction of the highest authority." 12

(c) No belligerent is compelled to exchange prisoners of Each has a perfect right to keep all prisoners of war until the close of hostilities. Agreements to exchange are based purely upon mutual convenience. If entered into, the cartel sets forth all of the terms of the agreement as to time, place, and method to be pursued. These agreements are strictly construed, violation of the terms by one party releases the other party from obligation, and the basis of exchange is clearly set forth. Strict equivalents must be given, such as private for private, rank for rank, etc. If, after all of the prisoners have been exchanged upon the agreed basis, there is a surplus, credit may be given or payment made for this surplus. Prisoners who have been exchanged, like those who have escaped from confinement, are restored to their belligerent rights.13

(d) The belligerent is responsible for guarding prisoners of war. The retention of a portion of the enemy's forces is an incident of the war. These prisoners may be released by capture by the forces of the state to which they belong. Such action is not lawful upon neutral land area. If belligerents were allowed to bring upon neutral land and retain prisoners of war, such prisoners would be placed beyond the possibility of release by the forces to which they belonged, and would be even more secure for the captor than in his own territory. Such a result would not be reasonable, nor in accord with neutrality, and prisoners coming on neutral territory are, ipso facto, at liberty. Similarly, if prisoners of war are not effectively guarded, and consequently escape to neutral territory, they are free. The Hague Convention of 1907 says:

"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.

12 General Order 100, U. S. Army, April 24, 1863, art. 108, Appendix, p. 502; 2 Halleck, Int. Law, 364.

"The same rule applies to prisoners of war brought by troops taking refuge in the territory of a neutral power." 14

There has been great variation of practice in the treatment of captured vessels brought into neutral ports; but the general trend in recent years, as shown in neutrality proclamations and practice, is toward a strict regulation of the entrance of vessels with prize, and in most instances states have prohibited entrance except in case of stress. The Hague Convention of 1907 enumerates the rule that:

"A prize may only be brought into a neutral port on account of unseaworthiness, stress of weather, or want of fuel or provisions.

"It must leave as soon as the circumstances which justified its entry are at an end. If it does not, the neutral power must order it to leave at once; should it fail to obey, the neutral power must employ the means at its disposal to release it with its officers and crew and to intern the prize crew."

This provision is somewhat modified by the provision in regard to sequestration, which has not been accepted by the United States and some of the other powers.15

(e) As captivity continues only during effective holding, a prisoner of war is usually at liberty on entering the jurisdiction of his own state, or coming within the area of military occupation of his own forces. The prisoner on parole is still regarded as under the control of the state which made him a prisoner, for he is not under obligation to accept liberty on parole, but is under observation to observe it when once accepted, and his state should neither "require of nor accept from him any service" incompatible with the parole given.16

(f) The Hague Convention of 1907 provides that, "after the conclusion of peace, the repatriation of prisoners of war shall be carried out as quickly as possible." 17

14 Rights and Duties of Neutral Powers, art. XIII, Appendix, p. 547.

15 Rights and Duties of Neutral Powers in Naval War, arts. XXIXXIII, Appendix, p. 566.

16 Laws and Customs of War on Land, art. X, Appendix, p. 539. 17 Id. art. XX.

The treaty of peace between Spain and the United States in 1898 even provided in article V that:

"The United States will, upon the signature of the present treaty, send back to Spain, at its own cost, the Spanish soldiers taken as prisoners of war on the capture of Manila by the American forces. The arms of the soldiers in question shall be restored to them.

"Spain will, upon the exchange of the ratifications of the present treaty, proceed to evacuate the Philippines, as well as the island of Guam, on terms similar to those agreed upon by the commissioners appointed to arrange for the evacuation of Porto Rico and other islands in the West Indies, under the protocol of August 12, 1898, which is to continue in force till its provisions are completely executed.

"The time within which the evacuation of the Philippine Islands and Guam shall be completed shall be fixed by the two governments. Stands of colors, uncaptured war vessels, small arms, guns of all calibers, with their carriages and accessories, powder, ammunition, live stock, and materials and supplies of all kinds, belonging to the land and naval forces of Spain in the Philippines and Guam, remain the property of Spain. Pieces of heavy ordinance, exclusive of field artillery, in the fortifications and coast defenses, shall remain in their emplacements for the term of six months, to be reckoned from the exchange of ratifications of the treaty; and the United States may, in the meantime, purchase such material from. Spain, if a satisfactory agreement between the two governments on the subject shall be reached.

"Article VI. Spain will, upon the signature of the present treaty, release all prisoners of war, and all persons detained or imprisoned for political offenses, in connection with the insurrections in Cuba and the Philippines and the war with the United States.

"Reciprocally, the United States will release all persons made prisoners of war by the American forces, and will undertake to obtain the release of all Spanish prisoners in the hands of the insurgents in Cuba and the Philippines.

"The government of the United States will at its own cost return to Spain, and the government of Spain will at its own

cost return to the United States, Cuba, Porto Rico, and the Philippines, according to the situation of their respective homes, prisoners released or caused to be released by them, respectively, under this article."

SICK, WOUNDED, AND SHIPWRECKED.

151. There are special regulations for the care of the sick and wounded of armies, and of the sick, wounded, and shipwrecked of naval forces in time of war.

Persons whose business was to care for the sick and wounded seem to have been attached to some armies during the sixteenth century, and the practice became more and more common from that time. Such persons were at first exempt, because noncombatants, and in order that their army might be in better condition were to give attention, particularly to their own forces. It was not till the latter half of the eighteenth century that the idea of humanity, based on the liberal theories of the period, led to the doctrine that there should be no distinction in the treatment of wounded in battle." At about the same time immunities began to be generally extended to military hospitals, and the wounded and sick were not regarded as prisoners of war. The wars of the first sixty years of the nineteenth century showed great diversity in practice in treatment of the question. Some of these wars, particularly the Crimean War, from 1854 to 1856, showed the need of established rules. During the American Civil War regulations were adopted by the United States as follows:

"53. The enemy's chaplains, officers of the medical staff, apothecaries, hospital nurses, and servants, if they fall into the hands of the American army, are not prisoners of war, unless the commander has reasons to retain them. In this latter case, or if, at their own desire, they are allowed to remain with their captured companions, they are treated as prisoners of war, and may be exchanged if the commander sees fit."

"79. Every captured wounded enemy shall be medically treated, according to the ability of the medical staff."

18 Bogaiewsky, Les Secours aux Militaires Malades et Blesses avant le XIXe Siecle, 10 R. G. D. I. P. p. 217.

WILS. INT.L.-23

"115. It is customary to designate by certain flags (usually yellow) the hospitals in places which are shelled, so that the besieging enemy may avoid firing on them. The same has been done in battles, when hospitals are situated within the field of the engagement.

"116. Honorable belligerents often request that the hospitals within the territory of the enemy may be designated, so that they may be spared.

"An honorable belligerent allows himself to be guided by flags or signals of protection as much as the contingencies and the necessities of the fight will permit." 19

Largely through the efforts of Gustave Moynier 20 and Jean Henri Dunant21 of Switzerland, representatives of twelve states gathered on the invitation of the Swiss government and formulated the Geneva Convention for the Amelioration of the Condition of Soldiers Wounded in Armies in the Field, 1864. This convention formulated the best ideas of the time. From the provision that the hospital flag should “bear a red cross on a white ground" the reverse of the Swiss flag, the convention was frequently called the Red Cross Convention. At another conference, held at Geneva in 1868, fifteen further articles were adopted, five being in amplification of the convention of 1864, and the remaining articles with view to adaptation of the provisions to naval warfare. These last articles were embodied in The Hague Convention of 1899 for the Adaptation of the Principles of the Geneva Convention of 1864 to Maritime Warfare. A new convention was concluded at Geneva in 1906 which, while embodying the principles of the convention of 1864, brought its provisions more nearly into accord with present conditions. The delegates of thirtyfive powers signed the convention of 1906.22

The adoption of this convention of 1906 made it necessary to revise the convention of 1899, and at the Hague Conference

19 Appendix, pp. 496, 498, 502, 503.

20 Moynier, in recognition of his humanitarian services, was made honary president of the Geneva Convention of 1906.

21 Dunant was in 1901 awarded the Nobel prize for his efforts to mitigate the severity of war. Dunant's book, Le Souvenir de Solferino, 1862, called attention to the sufferings in modern warfare. 22 The Geneva Convention of 1906, Appendix, p. 508.