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
§ 204. Soon after the ratification of the Geneva Convention the
necessity of adapting its principles to naval warfare was generally
recognised, and among the non-ratified Additional articles to the Geneva
Convention of 1868 were nine which aimed at such an adaptation. But it
was not until the Hague Peace Conference in 1899 that an adaptation came
into legal existence. This adaptation was contained in the
"Convention[413] for the Adaptation to Maritime Warfare of the
Principles of the Geneva Convention of August 22, 1864," which comprised
fourteen articles. It has, however, been replaced by the "Convention
(X.) for the Adaptation of the Principles of the Geneva Convention to
Maritime War," of the Second Hague Peace Conference. This new convention
comprises twenty-eight articles and was signed, although with some
reservations, by all the Powers represented at the Conference, except
Nicaragua which acceded later, and it has already been ratified by most
of the signatory Powers. It provides rules concerning the wounded,
sick, shipwrecked, and dead; hospital ships; sickbays on men-of-war; the
distinctive colour and emblem of hospital ships; neutral vessels taking
on board belligerent wounded, sick, or shipwrecked; the religious,
medical, and hospital staff of captured ships; the carrying out of the
convention, and the prevention of abuses and infractions.
[Footnote 413: Martens, _N.R.G._ 2nd Ser. XXVI. p. 979.]
[Sidenote: The Wounded, Sick, and Shipwrecked.]
§ 205. Soldiers, sailors, and other persons officially attached to
fleets or armies, whatever their nationality, who are taken on board
when sick or wounded, must be respected and tended by the captors
(article 11). All enemy shipwrecked, sick, or wounded who fall into the
power of a belligerent are prisoners of war. It is left to the captor to
determine whether they are to be kept on board, or to be sent to a port
of his own country, or a neutral port, or even a hostile port; and in
the last case such repatriated prisoners must be prevented by their
Government from again serving in the war (article 14). The shipwrecked,
wounded, or sick, who are landed at a neutral port with the consent of
the local authorities, must, unless there is an arrangement to the
contrary between the neutral State concerned and the belligerent States,
be guarded by the neutral State so as to prevent them from again taking
part in the war;[414] the expenses of tending and interning them must be
borne by the State to whom they belong (article 15). After each
engagement, both belligerents must, so far as military interests permit,
take measures to search for the shipwrecked, wounded, and sick, and to
ensure them protection against pillage and maltreatment (article 16).
Each belligerent must, as early as possible, send to the authorities of
their country, navy, or army, a list of the names of the sick and
wounded picked up by him; and the belligerents must keep each other
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