International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
History
International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
§ 203. Since and so far as enemy individuals on board an attacked or
seized enemy vessel who do not belong to the naval forces do not take
part in the fighting, they may not directly be attacked and killed or
wounded, although they are exposed to all injury indirectly resulting
from an attack on or by their vessel. If they are mere private
individuals, they may as an exception only and under the same
circumstances as private individuals on occupied territory be made
prisoners of war.[411] But they are nevertheless, for the time they are
on board the captured vessel, under the discipline of the captor. All
restrictive measures against them which are necessary are therefore
lawful, as are also punishments, in case they do not comply with lawful
orders of the commanding officer. If they are enemy officials in
important positions,[412] they may be made prisoners of war.
[Footnote 411: See U.S. Naval War Code, article 11, and above, § 116.]
[Footnote 412: See above, § 117.]
V
TREATMENT OF WOUNDED AND SHIPWRECKED
Perels, § 37--Pillet, pp. 188-191--Westlake, II. pp.
275-280--Moore, VII. § 1178--Bernsten, § 12--Bonfils, Nos.
1280-1280'9--Pradier-Fodéré, VIII. No. 3209--U.S. Naval War Code,
articles 21-29--Ferguson, _The Red Cross Alliance at Sea_
(1871)--Houette, _De l'extension des principes de la Convention de
Genève aux victimes des guerres maritimes_ (1892)--Cauwès,
_L'extension des principes de la Convention de Genève aux guerres
maritimes_ (1899)--Holls, _The Peace Conference at the Hague_
(1900), pp. 120-132--Boidin, pp. 248-262--Dupuis, _Guerre_, Nos.
82-105--Meurer, II. §§ 74-87--Higgins, pp. 382-394--Lémonon, pp.
526-554--Nippold, II. § 33--Scott, _Conferences_, pp.
599-614--Takahashi, pp. 375-385--Fauchille in _R.G._ VI. (1899),
pp. 291-302--Bayer, in _R.G._ VIII. (1901), pp. 225-230--Renault
in _A.J._ II. pp. 295-306--Higgins, _War and the Private Citizen_
(1912), pp. 73-90, and in _The Law Quarterly Review_, XXVI (1910),
pp. 408-414. See also the literature quoted above at the
commencement of § 118.
[Sidenote: Adaptation of Geneva Convention to Sea Warfare.]
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