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
[Sidenote: Abuse of Flag of Truce.]
§ 223. Abuse of his mission by an authorised flag-bearer must be
distinguished from an abuse of the flag of truce itself. Such abuse is
possible in two different forms:--
(1) The force which sends an authorised flag-bearer to the enemy has to
take up a corresponding attitude; the ranks which the flag-bearer leaves
being obliged to halt and to cease fire. Now it constitutes an abuse of
the flag of truce if such attitude corresponding with the sending of a
flag of truce is intentionally not taken up by the sending force. The
case is even worse when a flag-bearer is intentionally sent on a feigned
mission in order that military operations may be carried out by the
sender under the protection due from the enemy to the flag-bearer and
his party.
(2) The second form of a possible abuse appears in the case in which a
white flag is made use of for the purpose of making the enemy believe
that a flag of truce is about to be sent, although it is not sent, and
of carrying out operations under the protection granted by the enemy to
this pretended flag of truce.
It need hardly be specially mentioned that both forms of abuse are gross
perfidy and may be met with reprisals, or with punishment of the
offenders in case they fall into the hands of the enemy. The following
case of abuse is related by Sir Sherston Baker in Halleck (II. p.
315):--"On July 12, 1882, while the British fleet was lying off
Alexandria, in support of the authority of the Khedive of Egypt, and the
rebels under Arabi Pasha were being driven to great straits, a rebel
boat, carrying a white flag of truce, was observed approaching H.M.S.
_Invincible_ from the harbour, whereupon H.M. ships _Temeraire_ and
_Inflexible_, which had just commenced firing, were ordered to suspend
fire. So soon as the firing ceased, the boat, instead of going to the
_Invincible_, returned to the harbour. A flag of truce was
simultaneously hoisted by the rebels on the Ras-el-Tin fort. These
deceits gave the rebels time to leave the works and to retire through
the town, abandoning the forts, and withdrawing the whole of their
garrison under the flag of truce."
IV
CARTELS
Grotius, III. c. 21, §§ 23-30--Vattel, III. §§ 278-286--Hall, §
193--Lawrence, § 212--Westlake, II. p. 139--Phillimore, III. §§
111-112--Halleck, II. pp. 326-329--Taylor, § 599--Bluntschli, §§
679-680--Heffter, § 142--Lueder in Holtzendorff, IV. pp.
525-529--Ullmann, § 185--Bonfils, Nos. 827 and 1280--Despagnet,
No. 658--Pradier-Fodéré, VII. Nos. 2832-2837, 2888--Rivier, II. p.
360--Nys, III. pp. 521-525--Calvo, IV. §§ 2419-2429--Longuet, §§
140, 141--Pillet, p. 359--_Kriegsbrauch_, p. 38--Holland, _War_,
No. 100, and _Prize Law_, §§ 32-35--_Land Warfare_, §§ 338-339.
[Sidenote: Definition and Purpose of Cartels.]
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