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
(3) Hospital ships, equipped wholly or in part at the cost of private
individuals or officially recognised relief societies of neutral States
(article 3), must likewise be respected, and are exempt from capture,
provided that they are placed under the control of one of the
belligerents, with the previous consent of their own Government and with
the authorisation of the belligerent himself, and that the latter has
notified their names to his adversary at the commencement of, or during,
hostilities, and in any case before they are employed.
According to article 4 all military and other hospital ships must afford
relief and assistance to the wounded, sick, and shipwrecked of either
belligerent. The respective Governments are prohibited from using these
ships for any military purpose. The commanders of these vessels must not
in any way hamper the movements of the combatants, and during and after
an engagement they act at their own risk and peril. Both belligerents
have a right to control and visit all military and other hospital ships,
to refuse their assistance, to order them off, to make them take a
certain course, to put a commissioner on board, and, lastly, to detain
them temporarily, if important circumstances require this. In case a
hospital ship receives orders from a belligerent, these orders must, as
far as possible, be inscribed in the ship papers.
The protection to which hospital ships are entitled ceases if they are
made use of to commit acts harmful to the enemy[415] (article 8). But
the fact of the staff being armed for the purpose of maintaining order
and defending the wounded and sick, and the fact of the presence of
wireless telegraphic apparatus on board, are not sufficient reasons for
withdrawing protection.
[Footnote 415: An interesting case of this kind occurred during the
Russo-Japanese war. The _Aryol_ (also called the _Orel_), a hospital
ship of the Russian Red Cross Society, was captured, and afterwards
condemned by the Prize Court on the following grounds:--(_a_) For having
communicated the orders of the commander-in-chief of the Russian
squadron with which she was sailing to other Russian vessels; (_b_) for
carrying, by order of the commander-in-chief of the squadron, in order
to take them to Vladivostock, the master and some members of the crew of
the British steamship _Oldhamia_, which had been captured by the
Russians; (_c_) for having been instructed to purchase in Cape Town, or
its neighbourhood, 11,000 ft. of conducting wire of good insulation;
(_d_) for having navigated at the head of the squadron in the position
usually occupied by reconnoitring vessels.--See Takahashi, pp. 620-625,
and Higgins, _op. cit._ p. 74, and in _The Law Quarterly Review_, XXVI.
(1910), p. 408.]
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