60. Impositions in kind, when they are not paid for in cash, and contributions of war, are authenticated by receipts. Measures should be taken to assure the regularity and bona fide character of these receipts.

III. PRISONERS OF WAR

The confinement of prisoners of war is not in the nature of a penalty for crime; neither is it an act of vengeance. It is a temporary deten tion only, entirely without penal character. In the following provisions, therefore, regard has been had to the consideration due them as prisoners, and to the necessity of their secure detention.

61. Prisoners of war are the prisoners of the captor's government, and not of the individuals or corps who captured them.

62. They are subject to the laws and regulations in force in the army of the enemy.

63. They must be treated with humanity.

64. All articles in their personal possession, arms excepted, remain their private property.

65. Every prisoner of war is obliged to disclose, when duly interrogated upon the subject, his true name and grade. Should he fail to do so, he may be deprived of all, or a part, of the privileges accorded to prisoners of his rank and station.

66. Prisoners of war may be confined in towns, fortresses, camps, or other places, with an obligation not to go beyond certain specific limits; but they may only be imprisoned as an indispensable measure of security.

67. Every act of insubordination on the part of a prisoner of war authorizes the resort to suitable measures of severity on the part of the government in whose hands he is.

68. Prisoners of war attempting to escape may, after having been summoned to halt or surrender, be fired upon. If an escaped prisoner be recaptured before being able to rejoin his own army or to quit the territory of his captor, he is only liable to disciplinary penalties; or he may be subjected to a more rigorous confinement. If, after having successfully effected his escape, he is again made a prisoner, he incurs no penalty for his previous escape. If, however, the prisoner so recaptured, or retaken, has given his parole not to attempt to escape, he may be deprived of his rights as a prisoner of

war.

69. The government having prisoners of war in its hands is obliged to support them. If there be no agreement between the belligerents upon this point, prisoners of war are placed, in all matters regarding food and clothing, upon the peace footing of the troops of the state which holds them in captivity.

70. Prisoners cannot be compelled to take any part whatsoever in operations of war. Neither can they be compelled to give information concerning their army or country.

71. They may be employed upon public works that have no direct connection with the captor's military operations; provided, however, that such labor is not detrimental to health, nor humiliating to their military rank, if they belong to the army, or to their official or social position, if they are civilians, not connected with any branch of the military service.

72. In the event of their being authorized to engage in private industries, their pay for such services may be collected by the authority in charge of them. The sums so received may be employed in bettering their condition, or may be paid to them, at their release, subject to deduction, if that course be deemed expedient, of the expense of their maintenance.

IV. TERMINATION OF CAPTIVITY

The right of detaining individuals in captivity exists only during the continuance of hostilities. Hence :

73. The captivity of prisoners of war ceases, as a matter of right, at the conclusion of peace; but their liberation is then regulated by agreement between the belligerents.

74. Captivity also ceases, in so far as sick or wounded prisoners are concerned, so soon as they are found to be unfit for military service. It is the duty of the captor, under such circumstances, to send them back to their country.

75. During the continuance of hostilities, prisoners of war may be released in accordance with cartels of exchange, agreed upon by the belligerents.

76. Without formal exchange, prisoners may be liberated on parole, provided they are not forbidden by their own government to give paroles. In such a case they are obliged, as a matter of military honor, to perform with scrupulous exactness the engage

ments which they have freely undertaken, and which should be clearly specified. On its part, their own government should not de mand or accept from them any service contrary to, or inconsistent with, their plighted word.

77. A prisoner of war cannot be constrained to accept a release on parole. For a similar reason, the enemy's government is not obliged to accede to the demand of a prisoner of war to be released on parole.

78. Every prisoner of war liberated on parole who is recaptured in arms against the government to which he has given such parole may be deprived of his rights and privileges as a prisoner of war; unless since his liberation he has been included in an unconditional exchange of prisoners.

V. TROOPS INTERNED IN NEUTRAL TERRITORY

It is universally admitted that a neutral state cannot, without com promising its neutrality, lend aid to either belligerent, or permit them to make use of its territory. On the other hand, considerations of humanity dictate that asylum should not be refused to individuals who take refuge in neutral territory to escape death or captivity. From these principles the following provisions are deduced. They are calculated to reconcile, to some extent, the opposing interests involved.

79. It is the duty of a neutral state within whose territory commands or individuals have taken refuge to intern them at points as far removed as possible from the theatre of war. It should pursue a similar course towards those who make use of its territory for warlike operations or to render military aid to either belligerent.

80. Interned troops may be guarded in camps or fortified places. The neutral state decides whether officers are to be released on parole by taking an engagement not to quit neutral territory without authority.

81. In the event of there being no agreement with the belligerents concerning the maintenance of interned troops, the neutral state shall supply them with food and clothing, and the immediate aid demanded by humanity. It also takes such steps as it deems necessary to care for the arms and other public property brought into its territory by the interned troops. When peace has been concluded, or sooner if possible, the expenses occasioned by the intern

ment are reimbursed to the neutral state by the belligerent state to whom the interned troops belong.

82. The provisions of the Geneva Convention of August 22, 1864 (Articles 10-18, 35-40, 59 and 74 above given), are applicable to the sanitary staff, as well as to the sick and wounded, who take refuge in, or are conveyed to, neutral territory.

83. Evacuations of sick and wounded not prisoners of war may pass through neutral territory, provided the personnel and material accompanying them are exclusively sanitary. It is the duty of the neutral state through whose territory the evacuation is made to take such measures of safety and necessary control as it may deem necessary to the rigorous performance of its neutral duty.

PART THIRD

PENAL SANCTION

If any of the foregoing rules be violated, the offending parties should be punished, after a judicial hearing, by the belligerent in whose hands they are.

84. Offenders against the laws of war are liable to the punishments specified in the penal, or criminal, law.

This mode of repression, however, is only applicable when the person of the offender can be secured. In the contrary case, the criminal law is powerless, and, if the injured party deem the misdeed so serious in character as to make it necessary to recall the enemy to a respect for law, no other resource remains than a resort to reprisals. Reprisals are an exception to the general rule of equity, that an innocent person ought not to suffer for the guilty. They are also at variance with the rule that each belligerent should conform to the rules of war, without reciprocity on the part of the enemy. This necessary rigor, however, is modified to some extent by the following restrictions:

85. Reprisals are formally prohibited in all cases in which the injury complained of has been repaired.

86. In all cases of serious importance in which reprisals appear to be absolutely necessary, they shall not exceed, in kind or degree, nor in their mode of application, the exact violation of the law of war committed by the enemy. They can only be resorted to with the express authority of the general-in-chief. They must conform, in all cases, to the laws of humanity and morality.

APPENDIX H

THE AMERICAN INTERVENTION IN CUBA OF 1898

THE island of Cuba had been a colonial possession of Spain for more than four hundred years. The colonial government of the island, though at times autonomous in form, had for nearly half a century been unacceptable to the people of Cuba. As a result, uprisings had become frequent, some of which had resulted in the establishment of revolutionary governments, none of which, however, had given sufficient promise of stability or permanence to entitle them to general international recognition.

Public order had been so seriously disturbed during the last decade of the nineteenth century as to attract international attention to the internal affairs of the island. As a result of these conditions, accentuated to some extent by the destruction of the battle-ship Maine in the harbor of Havana, the Congress of the United States adopted a conditional declaration of war, on April 20, 1898, recognizing the independence of the people of Cuba, and demanding that the Government of Spain should relinquish its authority over the island, and withdraw its land and naval forces from Cuba and Cuban waters.' The declaration contained an express disclaimer of any desire or intention on the part of the United States to secure territorial aggrandizement, or to exercise sovereignty, jurisdiction, or control over the island, save with a view to its pacification; and asserted its determination, when that purpose had been accomplished, to leave the government and control of the island to its people.

Combined land and naval expeditions were directed against Cuba, Porto Rico, and the Philippine Islands, and, after considerable successes had been gained by the fleets and armies of the United States, a general armistice was agreed upon, through the good offices of the French Republic, on August 12, 1898, in the operation of which further hostilities were desisted from and the negotiation of a treaty of peace was provided for.

The war was terminated by a treaty of peace negotiated at Paris by duly authorized plenipotentiaries of the belligerent Parties on

1 Joint Resolution No. 24, April 20, 1898 (30 Stats. at Large, 738).