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
§ 132. Captivity can come to an end through different modes. Apart from
release on parole, which has already been mentioned, captivity comes to
an end--(1) through simple release without parole; (2) through
successful flight; (3) through liberation by the invading enemy to whose
army the respective prisoners belong; (4) through exchange for prisoners
taken by the enemy; (5) through prisoners[265] being brought into
neutral territory by captors who take refuge there; and, lastly (6),
through the war coming to an end. Release of prisoners for ransom is no
longer practised, except in the case of the crew of a captured
merchantman released on a ransom bill.[266] It ought, however, to be
observed that the practice of ransoming prisoners might be revived if
convenient, provided the ransom is to be paid not to the individual
captor but to the belligerent whose forces made the capture.
[Footnote 265: See below, § 337.]
[Footnote 266: See below, § 195.]
As regards the end of captivity through the war coming to an end, a
distinction must be made according to the different modes of ending war.
If the war ends by peace being concluded, captivity comes to an end at
once[267] with the conclusion of peace, and, as article 20 of the Hague
Regulations expressly enacts, the repatriation of prisoners must be
effected as speedily as possible. If, however, the war ends through
conquest and annexation of the vanquished State, captivity comes to an
end as soon as peace is established. It ought to end with annexation,
and it will in most cases do so. But as guerilla war may well go on
after conquest and annexation, and thus prevent a condition of peace
from being established, although real warfare is over, it is necessary
not to confound annexation with peace.[268] The point is of interest
regarding such prisoners only as are subjects of neutral States. For
other prisoners become through annexation subjects of the State that
keeps them in captivity, and such State is, therefore, as far as
International Law is concerned, unrestricted in taking any measure it
likes with regard to them. It can repatriate them, and it will in most
cases do so. But if it thinks that they might endanger its hold over the
conquered territory, it might likewise prevent their repatriation for
any definite or indefinite period.[269]
[Footnote 267: That, nevertheless, the prisoners remain under the
discipline of the captor until they have been handed over to the
authorities of their home State, will be shown below, § 275.]
[Footnote 268: See above, § 60.]
[Footnote 269: Thus, after the South African War, Great Britain refused
to repatriate those prisoners of war who were not prepared to take the
oath of allegiance.]
V
APPROPRIATION AND UTILISATION OF PUBLIC ENEMY PROPERTY
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