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
Grotius, III. c. 4--Vattel, III. §§ 139-159--Hall, §§ 128, 129,
185--Westlake, II. pp. 72-76--Lawrence, §§ 161, 163,
166-169--Maine, pp. 123-148--Manning, pp. 196-205--Phillimore,
III. §§ 94-95--Halleck, II. pp. 14-18--Moore, VII. §§ 1111, 1119,
1122, 1124--Taylor, §§ 477-480--Walker, § 50--Wheaton, §§
343-345--Bluntschli, §§ 557-563--Heffter, § 126--Lueder in
Holtzendorff, IV. pp. 390-394--Gareis, § 85--Klüber, § 244--Liszt,
§ 40, III.--G. F. Martens, II. § 272--Ullmann, § 176--Bonfils,
Nos. 1068-1071, 1099, 1141--Despagnet, Nos.
525-527--Pradier-Fodéré, VI. Nos. 2742-2758--Rivier, II. pp.
260-265--Nys, III. pp. 206-209--Calvo, IV. 2098-2105--Fiore, III.
Nos. 1317-1320, 1342-1348, and Code, Nos. 1476-1483--Martens, II.
§ 110--Longuet, §§ 42-49--Mérignhac, pp. 146-165--Pillet, pp.
85-95--Holland, _War_, pp. 70-76--Zorn, pp. 127-161--Bordwell, pp.
278-283--Meurer, II. §§ 30-31--Spaight, pp.
73-156--_Kriegsbrauch_, pp. 9-11--_Land Warfare_, §§ 39-53.
[Sidenote: On Violence in general against Enemy Persons.]
§ 107. As war is a contention between States for the purpose of
overpowering each other, violence consisting of different sorts of force
applied against enemy persons is the chief and decisive means of
warfare. These different sorts of force are used against combatants as
well as non-combatants, but with discrimination and differentiation. The
purpose of the application of violence against combatants is their
disablement so that they can no longer take part in the fighting. And
this purpose may be realised through either killing or wounding them, or
making them prisoners. As regards non-combatant members of armed forces,
private enemy persons showing no hostile conduct, and officials in
important positions, only minor means of force may as a rule be applied,
since they do not take part in the armed contention of the belligerents.
[Sidenote: Killing and Wounding of Combatants.]
§ 108. Every combatant may be killed or wounded, whether a private
soldier or an officer, or even the monarch or a member of his family.
Some publicists[233] assert that it is a usage of warfare not to aim at
a sovereign or a member of his family. Be that as it may, there is in
strict law[234] no rule preventing the killing and wounding of such
illustrious persons. But combatants may only be killed or wounded if
they are able and willing to fight or to resist capture. Therefore, such
combatants as are disabled by sickness or wounds may not be killed.
Further, such combatants as lay down arms and surrender or do not resist
being made prisoners may neither be killed nor wounded, but must be
given quarter. These rules are universally recognised, and are now
expressly enacted by article 23 (_c_) of the Hague Regulations, although
the fury of battle frequently makes individual fighters[235] forget and
neglect them.
[Footnote 233: See Klüber, § 245; G. F. Martens, II. § 278; Heffter, §
126.]
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