International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
History
International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
broke out in 1899; Russia, although during the Russo-Japanese War she
allowed Japanese subjects to remain in other parts of her territory,
expelled them from her provinces in the Far East; and in May 1912, eight
months after the outbreak of the Turko-Italian War, Turkey decreed the
expulsion of all Italians, certain classes excepted. In case a
belligerent allows the residence of enemy subjects on his territory, he
can, of course, give the permission under certain conditions only, such
as an oath to abstain from all hostile acts or a promise not to leave a
certain region, and the like. And it must be especially observed that an
enemy subject who is allowed to stay in the country after the outbreak
of war must not, in case the forces of his home State militarily occupy
the part of the country inhabited by him, join these forces or assist
them in any way. If, nevertheless, he does so, he is liable to be
punished for treason[193] by the local Sovereign after the withdrawal of
the enemy forces.
[Footnote 187: See a list of such treaties in Hall, § 126, p. 107, note
1.]
[Footnote 188: With regard to the 10,000 Englishmen who were arrested in
France by Napoleon at the outbreak of war with England in 1803 and kept
as prisoners of war for many years, it must be borne in mind that
Napoleon did not claim a right to make such civilians prisoners of war
as were at the outbreak of war on French soil. He justified his act as
one of reprisals, considering it a violation of the Law of Nations on
the part of England to begin hostilities by capturing two French
merchantmen in the Bay of Audierne without a formal declaration of war.
See Alison, _History of Europe_, V. p. 277, and Bonfils, No. 1052.]
[Footnote 189: See Twiss, II. § 50; Rivier, II. p. 320; Liszt, § 39, V.;
Holland, _Letters upon War and Neutrality_ (1909), p. 39.]
[Footnote 190: See _Land Warfare_, § 12.]
[Footnote 191: See _Land Warfare_, § 13.]
[Footnote 192: See above, vol. I. § 324.]
[Footnote 193: See above, vol. I. § 317, p. 394, where the case of _De
Jager_ v. _Attorney General_ is discussed.]
[Sidenote: _Persona standi in judicio_ on Enemy Territory.]
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