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
All combatants, and also all officers and members of the crews of
captured merchantmen, could formerly[406] be made prisoners of war.
According to articles 5 to 7 of Convention XI. of the Second Peace
Conference--see above in § 85--such members of the crews as are subjects
of neutral States may never be made prisoners of war; but the captain,
officers, and members of the crews who are enemy subjects, and, further,
the captain and officers who are subjects of neutral States may be made
prisoners of war in case they refuse to be released on parole. As soon
as such prisoners are landed, their treatment falls under articles 4-20
of the Hague Regulations; but as long as they are on board, the old
customary rule of International Law, that prisoners must be treated
humanely,[407] and not like convicts, must be complied with. The Hague
Convention for the adaptation of the Geneva Convention to sea warfare
enacts, however, some particular rules concerning the shipwrecked, the
wounded, and the sick who, through falling into the hands of the enemy,
become prisoners of war.[408]
[Footnote 406: This was almost generally recognised, but was refused
recognition by Count Bismarck during the Franco-German War (see below, §
249) and by some German publicists, as, for instance, Lueder in
Holtzendorff, IV. p. 479, note 6.]
[Footnote 407: See Holland, _Prize Law_, § 249, and U.S. Naval War Code,
articles 10, 11.]
[Footnote 408: See below, § 205.]
[Sidenote: Violence against Non-combatant Members of Naval Forces.]
§ 202. Just as military forces consist of combatants and
non-combatants, so do the naval forces of belligerents. Non-combatants,
as, for instance, stokers, surgeons, chaplains, members of the hospital
staff, and the like, who do not take part in the fighting, may not be
attacked directly and killed or wounded.[409] But they are exposed to
all injuries indirectly resulting from attacks on or by their vessels.
And they may certainly be made prisoners of war, with the exception of
members of the religious, medical, and hospital staff, who are
inviolable according to article 10 of the Hague Convention for the
adaptation to maritime warfare of the principles of the Geneva
Convention.[410]
[Footnote 409: See U.S. Naval War Code, article 3.]
[Footnote 410: See below, § 209.]
[Sidenote: Violence against Enemy Individuals not belonging to the Naval
Forces.]
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