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
§ 242. Yet legitimate warfare is, on the whole at any rate, secured
through several means recognised by International Law. These means of
securing legitimate warfare may be divided into three classes. The first
class comprises measures of self-help:--reprisals; punishment of war
crimes committed by enemy soldiers and other enemy subjects; the taking
of hostages. The second class comprises:--complaints lodged with the
enemy; complaints lodged with neutral States; good offices, mediation,
and intervention on the part of neutral States. And there is, thirdly,
the fact that, according to article 3 of Convention IV. of the Second
Peace Conference, belligerents are responsible for all acts committed by
persons forming part of their forces, and are liable to make
compensation, if the case demands it, for any violation of the Hague
Regulations. These means, as I have said, do on the whole secure the
legitimacy of warfare, because it is to the interest of either
belligerent to prevent the enemy from getting a justifiable opportunity
of making use of them. On the other hand, isolated illegitimate acts of
individual enemy soldiers will always occur; but they will in many cases
meet with punishment either by one party to the war or the other. As
regards hostile acts of private enemy individuals not belonging to the
armed forces, belligerents have a right[467] to consider and punish them
severely as acts of illegitimate warfare.
[Footnote 467: See below, § 254.]
II
COMPLAINTS, GOOD OFFICES AND MEDIATION, INTERVENTION
_Land Warfare_, §§ 439-440.
[Sidenote: Complaints lodged with the Enemy.]
§ 243. Commanders of forces engaged in hostilities frequently lodge
complaints with each other regarding single acts of illegitimate warfare
committed by members of their forces, such as abuses of the flag of
truce, violations of such flag or of the Geneva Convention, and the
like. The complaint is sent to the enemy under the protection of a flag
of truce, and the interest which every commander takes in the legitimate
behaviour of his troops will always make him attend to complaints and
punish the offenders, provided the complaints concerned are found to be
justified. Very often, however, it is impossible to verify the
statements in the complaint, and then certain assertions by one party,
and their denial by the other, face each other without there being any
way of solving the difficulty. It also often happens during war that the
belligerent Governments lodge with each other mutual complaints of
illegitimate acts and omissions. Since diplomatic intercourse is broken
off during war, such complaints are either sent to the enemy under the
protection of a flag of truce or through a neutral[468] State which
lends its good offices. But here too indignant assertion and emphatic
denial frequently face each other without there being a way of solving
the conflict.
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