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
[Footnote 488: _Land Warfare_, § 463, does not consider the practice
commendable, because innocent citizens are thereby exposed to legitimate
acts of train-wrecking on the part of raiding parties of armed forces of
the enemy.]
[Footnote 489: See above, § 255, No. 8.]
[Footnote 490: See above, § 248.]
[Footnote 491: Belligerents sometimes take hostages to secure compliance
with requisitions, contributions, ransom bills, and the like, but such
cases have nothing to do with illegitimate warfare: see above, § 116, p.
153, note 1, and § 170, p. 213, note 3. The Hague Regulations do not
mention the taking of hostages for any purpose.]
VI
COMPENSATION
Bonfils, No. 1026'1--Despagnet, No. 510 _bis_--Lémonon, pp.
344-346--Higgins, pp. 260-261--Scott, _Conferences_, p.
528--Nippold, II. § 24--Boidin, pp. 83-84--Spaight, p.
462--Holland, _War_, No. 19--_Land Warfare_, § 436.
[Sidenote: How the Principle of Compensation for Violations of the Laws
of War arose.]
§ 259_a_. There is no doubt that, if a belligerent can be made to pay
compensation for all damage done by him in violating the laws of war,
this will be an indirect means of securing legitimate warfare. In former
times no rule existed which stipulated such compensation, although, of
course, violation of the laws of war was always an international
delinquency. On the contrary, it was an established customary rule[492]
that claims for reparation of damages caused by violations of the rules
of legitimate warfare could not be raised after the conclusion of peace,
unless the contrary was expressly stipulated. It was not until the
Second Hague Peace Conference that matters underwent a change. In
revising the Convention concerning the laws and customs of war on land,
besides other alterations, a new article (3) was adopted which enacts
that a belligerent who violates the provisions of the Hague Regulations,
shall, if the case demand, be liable to make compensation, and that he
shall be responsible for all acts committed by persons forming part of
his armed forces.
[Footnote 492: See below, § 274, p. 335.]
Attention should be drawn to the fact that Germany, on whose initiative
this principle was adopted, proposed two articles concerning the matter,
the one dealing with the payment of compensation for violations of the
Hague Regulations with regard to subjects of neutral States,[493] and
the other for violations of these Regulations with regard to enemy
subjects. The conference, however, preferred to make no distinction
between the different cases of violation but to adopt the general
principle.
[Footnote 493: See below, § 357.]
[Sidenote: Compensation for Violations of the Hague Regulations.]
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