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
§ 219. Belligerents on occasions arrange between themselves that they
shall grant protection to certain of each other's subjects or property
against their own forces in the form of safeguards, of which there are
two kinds. One consists in a written order given to an enemy subject or
left with enemy property and addressed to the commander of armed forces
of the grantor, in which the former is charged with the protection of
the respective individual or property, and by which both become
inviolable. The other kind of safeguard is given by detailing one or
more soldiers to accompany enemy subjects or to guard the spot where
certain enemy property is, for the purpose of protection. Soldiers on
this duty are inviolable on the part of the other belligerent; they must
neither be attacked nor made prisoners, and they must, on falling into
the hands of the enemy, be fed, well kept, and eventually safely sent
back to their corps. As in the case of passports and safe-conducts, it
must be specially observed that safeguards are only a matter of
International Law when the granting of them has been arranged by the
belligerents, and not otherwise; except in the case of the safeguards
mentioned by article 8, No. 2, of the Geneva Convention of 1906, who,
according to articles 9 and 12 of that Convention, are inviolable.
III
FLAGS OF TRUCE
Hall, § 190--Lawrence, § 211--Westlake, II. p. 81--Moore, VII. §
1157--Phillimore, III. § 115--Halleck, II. pp. 333, 334--Taylor, §
510--Bluntschli, §§ 681-684--Heffter, § 126--Lueder in
Holtzendorff, IV. pp. 421-423--Ullmann, § 180--Bonfils, Nos.
1239-1245--Despagnet, Nos. 556-557--Pradier-Fodéré, VII. Nos.
2927-2931--Rivier, II. pp. 279-280--Calvo, IV. §§
2430-2432--Fiore, III. No. 1378, and Code, Nos.
1495-1500--Martens, II. § 127--Longuet, §§ 136-138--Mérignhac, pp.
220-225--Pillet, pp. 356-358--Zorn, pp. 195-199--Meurer, II. §§
39-40--Bordwell, p. 293--Spaight, pp. 216-231--_Kriegsbrauch_, pp.
26-29--Holland, _War_, Nos. 88-91--_Land Warfare_, §§ 224-255.
[Sidenote: Meaning of Flags of Truce.]
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