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
§ 255. Article 24 of the Hague Regulations now enacts the old customary
rule that a belligerent has a right to employ all methods necessary to
obtain information, and these methods include espionage and treason. But
this right stands face to face with the right to consider and punish as
war criminals enemy individuals, whether soldiers or not, committing
acts of espionage or treason. There is an irreconcilable conflict
between the necessity of obtaining information on the one hand, and
self-preservation on the other; and accordingly espionage and treason,
as has been explained above in § 159, bear a twofold character. On the
one hand, International Law gives a right to belligerents to make use of
espionage and treason. On the other hand, the same law gives a right to
belligerents to consider espionage and treason, committed by enemy
soldiers or enemy private individuals within their lines, as acts of
illegitimate warfare, and consequently punishable.
Espionage has already been treated above in §§ 159-161. War treason may
be committed in different ways. The following are the chief cases of war
treason that may occur:--
(1) Information of any kind given to the enemy.
(2) Voluntary supply of money, provisions, ammunition, horses, clothing,
and the like, to the enemy.
(3) Any voluntary assistance to military operations of the enemy, be it
by serving as guide in the country, by opening the door of a defended
habitation, by repairing a destroyed bridge, or otherwise.
(4) Attempt to induce soldiers to desert, to surrender, to serve as
spies, and the like, and negotiating desertion, surrender, and espionage
offered by soldiers.
(5) Attempt to bribe soldiers or officials in the interest of the enemy,
and negotiating such bribe.
(6) Liberation of enemy prisoners of war.
(7) Conspiracy against the armed forces or against individual officers
and members of them.
(8) Wrecking of military trains, destruction of the lines of
communication or of the telegraphs or telephones in the interest of the
enemy, and the destruction of any war material for the same purpose.
(9) Circulation of enemy proclamations dangerous to the interests of the
belligerent concerned.
(10) Intentional false guidance of troops by a hired guide or by one who
offered his services voluntarily.
(11) Rendering courier or similar services to the enemy.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account