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
It is obvious that, in case such vessels are not ignorant of the
outbreak of war--having, for instance, received the news by wireless
telegraphy--they may not any longer claim the privileges stipulated by
article 3. And this article stipulates expressly that after having
touched a port of their own or of a neutral country, such vessels are no
longer privileged.
(4) Enemy goods on board such enemy merchantmen as are in the harbour
of a belligerent at the outbreak of war or at sea and are in ignorance
of the outbreak of war are, according to article 4, privileged to the
same extent as the vessels concerned.
(5) Enemy merchantmen whose construction indicates that they are
intended to be converted into cruisers may be seized and confiscated in
the harbours of the belligerents, as well as at sea, although ignorant
of the outbreak of war, for article 5 stipulates expressly that
Convention VI. does not affect such vessels.
CHAPTER III
WARFARE ON LAND
I
ON LAND WARFARE IN GENERAL
Vattel, III. §§ 136-138--Hall, §§ 184-185--Phillimore, III. §
94--Taylor, § 469--Wheaton, § 342--Bluntschli, §§
534-535--Heffter, § 125--Lueder in Holtzendorff, IV. pp.
388-389--Gareis, § 84--Bonfils, Nos. 1066-1067--Pradier-Fodéré,
VI. Nos. 2734-2741--Longuet, § 41--Mérignhac, p. 146--Pillet, pp.
85-89--_Kriegsbrauch_, p. 9--_Land Warfare_, § 39--Holland, _War_,
Nos. 1-15.
[Sidenote: Aims and Means of Land Warfare.]
§ 103. The purpose of war, namely, the overpowering of the enemy, is
served in land warfare through two aims[230]--firstly, defeat of the
enemy armed forces on land, and, secondly, occupation and administration
of the enemy territory. The chief means by which belligerents try to
realise those aims, and which are always conclusively decisive, are the
different sorts of force applied against enemy persons. But besides such
violence against enemy persons there are other means which are not at
all unimportant, although they play a secondary part only. Such means
are: appropriation, utilisation, and destruction of enemy property;
siege; bombardment; assault; espionage; utilisation of treason; ruses.
All these means of warfare on land must be discussed in this chapter, as
must also occupation of enemy territory.
[Footnote 230: Aims of land warfare must not be confounded with ends of
war; see above, § 66.]
[Sidenote: Lawful and Unlawful Practices of Land Warfare.]
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