International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
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International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
Article 18(_b_) of Convention V. stipulates that such subjects of
neutral States as render services to the enemy in matters of police and
administration, likewise do not acquire enemy character. This
stipulation must, however, be read with caution. It can only mean that
such individuals do not lose their neutral character to a greater degree
than other subjects of neutral States resident on enemy territory; it
cannot mean that they are in every way to be considered and treated
like subjects of neutral States not residing on enemy territory.
However that may be, it must be specially observed, that the acts by
which subjects of neutral States lose their neutral and acquire enemy
character need not necessarily be committed after the outbreak of war.
Such individuals can, even before the outbreak of war, identify
themselves to such a degree with a foreign State that, with the outbreak
of war against that State, enemy character devolves upon them _ipso
facto_ unless they at once sever their connection with such State. This,
for instance, is the case when a foreign subject in time of peace
enlists in the armed forces of a State and continues to serve after the
outbreak of war.
(2) From the time when International Law made its appearance down to our
own no difference has been made by a belligerent in the treatment
accorded to subjects of the enemy and subjects of neutral States
inhabiting the enemy country. Thus Grotius (III. c. 4, §§ 6 and 7)
teaches that foreigners must share the fate of the population living on
enemy territory, and Bynkershoek[144] distinctly teaches that foreigners
residing in enemy country bear enemy character. English[145] and
American practice assert, therefore, that foreigners, whether subjects
of the belligerents or of neutral States, acquire enemy character by
being domiciled (_i.e._ resident) in enemy country, because they have
thereby identified themselves with the enemy population and contribute,
by paying taxes and the like, to the support of the enemy Government.
For this reason, all measures which may legitimately be taken against
the civil population of the enemy territory, may likewise be taken
against them, unless they withdraw from the country or are expelled
therefrom. It must, however, be remembered that they acquire enemy
character _in a sense_ and _to a certain degree_ only, for their enemy
character is not as intensive as that of enemy subjects resident on
enemy territory. Such of them as are subjects of neutral States do not,
therefore, lose the protection of their home State against arbitrary
treatment inconsistent with the laws of war; and such of them as are
subjects of the other belligerent are handed over to the protection of
the Embassy of a neutral Power. However that may be, they are not exempt
from requisitions and contributions; from the restrictions which an
occupant imposes upon the population in the interest of the safety of
his troops and his military operations; from punishments for hostile
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