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
§ 224. Cartels are conventions between belligerents concluded for the
purpose of permitting certain kinds of non-hostile intercourse between
one another such as would otherwise be prevented by the condition of
war. Cartels may be concluded during peace in anticipation of war, or
during the time of war, and they may provide for numerous purposes.
Thus, communication by post, telegraph, telephone, and railway, which
would otherwise not take place, can be arranged by cartels, as can also
the exchange of prisoners, or a certain treatment of wounded, and the
like. Thus, further, intercourse between each other's subjects through
trade[439] can, either with or without limits, be agreed upon by
belligerents. All rights and duties originating from cartels must be
complied with in the same manner and good faith as rights and duties
arising from other treaties.
[Footnote 439: See above, § 217. But arrangements for granting
passports, safe-conducts, and safeguards--see above, §§ 218 and 219--are
not a matter of cartels.]
[Sidenote: Cartel Ships.]
§ 225. Cartel ships[440] are vessels of belligerents which are
commissioned for the carriage by sea of exchanged prisoners from the
enemy country to their own country, or for the carriage of official
communications to and from the enemy. Custom has sanctioned the
following rules regarding these cartel ships for the purpose of securing
protection for them on the one hand, and, on the other, their exclusive
employment as a means for the exchange of prisoners: Cartel ships must
not do any trade or carry any cargo or despatches;[441] they are
especially not allowed to carry ammunition or instruments of war, except
one gun for firing signals. They have to be furnished with a document
from an official belonging to the home State of the prisoners and
stationed in the country of the enemy declaring that they are
commissioned as cartel ships. They are under the protection of both
belligerents and may neither be seized nor appropriated. They enjoy this
protection not only when actually carrying exchanged prisoners or
official communications, but also on their way home after such carriage
and on their way to fetch prisoners or official communications.[442]
They lose the protection at once, and may consequently be seized and
eventually be appropriated, in case they do not comply, either with the
general rules regarding cartel ships, or with the special conditions
imposed upon them.
[Footnote 440: See above, § 190.]
[Footnote 441: The _La Rosina_ (1800), 2 C. Rob. 372; the _Venus_
(1803), 4 C. Rob. 355.]
[Footnote 442: The _Daifje_ (1800), 3 C. Rob. 139; the _La Gloire_
(1804), 5 C. Rob. 192.]
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