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
Whoever does not comply with his commands, or commits a prohibited act,
may be punished by him; but article 50 of the Hague Regulations
expressly enacts the rule that _no general penalty, pecuniary or
otherwise, may be inflicted on the population on account of the acts of
individuals for which it cannot be regarded as collectively
responsible_. It must, however, be specially observed that this rule
does not at all prevent[335] reprisals on the part of belligerents
occupying enemy territory. In case acts of illegitimate warfare are
committed by enemy individuals not belonging to the armed forces,
reprisals may be resorted to, although practically innocent individuals
are thereby punished for illegal acts for which they are neither legally
nor morally responsible--for instance, when a village is burned by way
of reprisal for a treacherous attack committed there on enemy soldiers
by some unknown individuals.[336] Nor does this new rule prevent an
occupant from taking hostages[337] in the interest of the safety of the
line of communication threatened by guerillas not belonging to the armed
forces, or for other purposes,[338] although the hostage must suffer for
acts or omissions of others for which he is neither legally nor morally
responsible.
[Footnote 335: See Holland, _War_, No. 110, and _Land Warfare_, §§
385-386. See also Zorn, pp. 239-243, where an important interpretation
of article 50 is discussed.]
[Footnote 336: See below, § 248.]
[Footnote 337: But this is a moot point; see below, § 259.]
[Footnote 338: Belligerents sometimes take hostages for the purpose of
securing compliance with demands for contributions, requisitions, and
the like. As long as such hostages obtain the same treatment as
prisoners of war, the practice does not seem to be illegal, although the
Hague Regulations do not mention and many publicists condemn it; see
above, § 116, p. 153, note 1, and below, § 259, p. 319, note 2.]
It must be particularly noted that in the treatment of the inhabitants
of enemy territory the occupant need not make any difference between
such as are subjects of the enemy and such as are subjects of neutral
States.[339]
[Footnote 339: See above,§ 88, and Frankenbach, _Die Rechtsstellung von
neutralen Staatsangehörigen in kriegführenden Staaten_ (1910), pp.
46-50.]
And it must be further observed that, according to British and American
views--see above, § 100_a_--article 23 (_h_) of the Hague Regulations
prohibits an occupant of enemy territory from declaring extinguished,
suspended, or unenforceable in a Court of Law the rights and the rights
of action of the inhabitants.
[Sidenote: Position of Government Officials and Municipal Functionaries
during Occupation.]
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