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
Apart from captivity, restrictions of all sorts may be imposed upon, and
means of force may be applied against, private enemy persons for many
purposes. Such purposes are:--the keeping of order and tranquillity on
occupied enemy territory; the prevention of any hostile conduct,
especially conspiracies; the prevention of intercourse with and
assistance to the enemy forces; the securing of the fulfilment of
commands and requests of the military authorities, such as those for the
provision of drivers, hostages, farriers; the securing of compliance
with requisitions and contributions, of the execution of public works
necessary for military operations, such as the building of
fortifications, roads, bridges, soldiers' quarters, and the like. What
kind of violent means may be applied for these purposes is in the
discretion of the respective military authorities, who on their part
will act according to expediency and the rules of martial law
established by the belligerents. But there is no doubt that, if
necessary, capital punishment and imprisonment[245] are lawful means for
these purposes. The essence of the position of private individuals in
modern warfare with regard to violence against them finds expression in
article 46 of the Hague Regulations, which lays down the rule that
"family honours and rights, individual lives and private property, as
well as religious convictions and liberty, must be respected."
[Footnote 245: That in case of general devastation the peaceful
population may be detained in so-called concentration camps, there is no
doubt; see below, § 154. And there is likewise no doubt that hostages
may be taken from the peaceful population; see below, § 170, p. 213, and
§ 259, p. 319, note 2.]
[Sidenote: Violence against the Head of the Enemy State and against
Officials in Important Positions.]
§ 117. The head of the enemy State and officials in important posts, in
case they do not belong to the armed forces, occupy, so far as their
liability to direct attack, death, or wounds is concerned, a position
similar to that of private enemy persons. But they are so important to
the enemy State, and they may be so useful to the enemy and so dangerous
to the invading forces, that they may certainly be made prisoners of
war. If a belligerent succeeds in obtaining possession of the head of
the enemy State or its Cabinet Ministers, he will certainly remove them
into captivity. And he may do the same with diplomatic agents and other
officials of importance, because by weakening the enemy Government he
may thereby influence the enemy to agree to terms of peace.
III
TREATMENT OF WOUNDED, AND DEAD BODIES
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