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
[Footnote 468: Thus, in October 1904, during the Russo-Japanese War,
Japan sent a complaint concerning the alleged use of Chinese clothing on
the part of Russian troops to the Russian Government, through the
intermediary of the United States of America; see Takahashi, pp.
174-178.]
[Sidenote: Complaints lodged with Neutrals.]
§ 244. If certain grave illegitimate acts or omissions of warfare occur,
belligerents frequently lodge complaints with neutral States, either
asking their good offices, mediation, or intervention to make the enemy
comply with the laws of war, or simply drawing their attention to the
facts. Thus, at the beginning of the Franco-German War, France lodged a
complaint with Great Britain and asked her intervention on account of
the intended creation of a volunteer fleet on the part of Germany, which
France considered a violation of the Declaration of Paris.[469]
Conversely, in January 1871, Germany, in a circular addressed to her
diplomatic envoys abroad, and to be communicated to the respective
neutral Governments, complained of twenty-one cases in which the French
forces had, deliberately and intentionally it was alleged, fired on
bearers of a flag of truce. Again, in November 1911, and in February
1912, during the Turco-Italian War, Turkey lodged a complaint with the
Powers on account of the execution of Arabs in Tripoli as war criminals,
and on account of the bombardment of Turkish war vessels in the harbour
of Beirut.[470]
[Footnote 469: See above, § 84.]
[Footnote 470: See above, § 213.]
[Sidenote: Good Offices and Mediation.]
§ 245. Complaints lodged with neutral States may have the effect of one
or more of the latter lending their offices or their mediation to the
belligerents for the purpose of settling such conflict as arose out of
the alleged illegitimate acts or omissions of warfare, thus preventing
them from resorting to reprisals. Such good offices and mediation do not
differ from those which settle a difference between States in time of
peace and which have been discussed above in §§ 7-11; they are friendly
acts in contradistinction to intervention, which is dictatorial
interference for the purpose of making the respective belligerents
comply with the laws of war.
[Sidenote: Intervention on the part of Neutrals.]
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