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
§ 246. There can be no doubt that neutral States, whether a complaint
has been lodged with them or not, may either singly, or jointly and
collectively, exercise intervention in cases of illegitimate acts or
omissions of warfare being committed by belligerent Governments, or
committed by members of belligerent forces if the Governments concerned
do not punish the offenders. It will be remembered that it has been
stated above in Vol. I. § 135, No. 4, that other States have a right to
intervene in case a State violates in time of peace or war those
principles of the Law of Nations which are universally recognised. There
is not the slightest doubt that such principles of International Law are
endangered in case a belligerent Government commits acts of illegitimate
warfare or does not punish the offenders in case such acts are committed
by members of its armed forces. But apart from this, the Hague
Regulations make illegitimate acts of warfare on land now appear as by
right the affair of all signatory States to the Convention, and
therefore, in case of war between signatory States, the neutral
signatory States certainly would have a right of intervention if acts of
warfare were committed which are illegitimate according to the Hague
Regulations. It must, however, be specially observed that any such
intervention, if it ever occurred, would have nothing to do with the war
in general and would not make the intervening State a party to the war,
but would concern only the international delinquency committed by the
one belligerent through acts of illegitimate warfare.
III
REPRISALS
Vattel, III. p. 142--Hall, § 135--Westlake, II. pp. 112-115, and
_Chapters_, pp. 253-258--Taylor, §§ 487 and 507--Wharton, III. §
348B--Moore, VII. § 1114--Bluntschli, §§ 567, 580, 654,
685--Lueder in Holtzendorff, IV. p. 392--Pradier-Fodéré, VIII.
Nos. 3214-3221--Bonfils, Nos. 1018-1026--Despagnet, No.
543--Rivier, II. pp. 298-299--Calvo, IV. §§ 2041-2043--Martens,
II. § 121--Mérignhac, pp. 210-218--Holland, _War_, Nos.
119-120--Bordwell, p. 305--Spaight, pp. 462-465--_Land Warfare_,
§§ 452-460--Halleck in _A.J._ VI. (1912), pp. 107-118.
[Sidenote: Reprisals between Belligerents in contradistinction to
Reprisals in time of Peace.]
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