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
§ 124. According to a customary rule of the Law of Nations belligerents
have the right to demand from one another that dead soldiers shall not
be disgracefully treated, especially not mutilated, and shall be, so far
as possible, collected and buried[252] or cremated on the battlefield by
the victor. The Geneva Convention does not stipulate any rule concerning
the collection and burial or cremation of the dead, but article 3 enacts
that after each engagement the commander in possession of the field must
take measures to ensure protection of the dead against pillage and
maltreatment, and that a careful examination of the bodies, in order to
see that life is really extinct, must be made before the dead are buried
or cremated. Each belligerent must send as soon as possible to the
authorities of the country or army to which they belong the military
identification marks or tokens found on the dead (article 4). Pieces of
equipment found upon the dead of the enemy are public enemy property and
may, therefore, be appropriated as booty[253] by the victor. On the
other hand, letters, money, jewellery, and such other articles of value
found upon the dead on the battlefield, or on those who die in the
medical units or fixed establishments, as are apparently private
property, are not booty, but must, according to article 4 of the Geneva
Convention and article 14 of the Hague rules concerning warfare on land,
be collected and handed over to the Bureau of Information[254]
concerning the prisoners of war, which has to transmit them to the
persons interested through the channel of the authorities of their own
country.
[Footnote 252: See Grotius, II. c. 19, §§ 1 and 3. Regarding a valuable
suggestion of Ullmann's concerning sanitary measures for the purpose of
avoiding epidemics, see above, vol. I. p. 621, note 1.]
[Footnote 253: See below, § 139.]
[Footnote 254: See below, § 130.]
[Sidenote: Application of the Geneva Convention, and Prevention of
Abuses.]
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