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
informed as to internments and transfers as well as to admissions into
hospital and deaths which have occurred amongst the sick and wounded in
their hands. And they must collect all objects of personal use,
valuables, letters, &c., that are found in the captured ships in order
to have them forwarded to the persons concerned by the authorities of
their own country (article 17).
[Footnote 414: See below, § 348_a_.]
[Sidenote: Treatment of the Dead.]
§ 205_a_. After each engagement both belligerents must, so far as
military interests permit, take measures to ensure the dead protection
against pillage and maltreatment, and they must see that the burial,
whether by land or sea, or cremation of the dead is preceded by a
careful examination of the corpses in order to determine that life is
really extinct (article 16). Each belligerent must, as early as
possible, send to the authorities of their country, navy, or army, the
military identification marks or tokens found on the dead; they must
also collect all the objects of personal use, valuables, letters, &c.,
which have been left by the wounded and sick who die in hospital, in
order that they may be forwarded to the persons concerned by the
authorities of their own country (article 17).
[Sidenote: Hospital Ships.]
§ 206. Three different kinds of hospital ships must be
distinguished--namely, military hospital ships, hospital ships equipped
by private individuals or relief societies of the belligerents, and
hospital ships equipped by private neutral individuals and neutral
relief societies.
(1) Military hospital ships (article 1) are ships constructed or
assigned by States specially and solely for the purpose of assisting the
wounded, sick, and shipwrecked. Their names must be communicated to the
belligerents at the commencement of or during hostilities, and in any
case before they are employed. They must be respected by the
belligerents, they may not be captured while hostilities last, and they
are not on the same footing as men-of-war during their stay in a
neutral port.
(2) Hospital ships equipped wholly or in part at the cost of private
individuals or officially recognised relief societies of the
belligerents must be respected by either belligerent (article 2), and
are exempt from capture, provided their home State has given them an
official commission and has notified their names to the other
belligerent at the commencement of or during hostilities, and in any
case before they are employed. They must, further, be furnished with a
certificate from the competent authorities declaring that they had been
under the latter's control while fitting out and on final departure.
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