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
§ 259_b_. It is apparent that article 3 of Convention IV. enacts two
different rules: firstly, that a belligerent who violates the Hague
Regulations shall, if the case demand, pay compensation; and secondly,
that a belligerent is responsible for all acts committed by any person
forming part of his armed forces.
To take this second rule first, the responsibility of a State for
internationally illegal acts on the part of members of its armed forces
is, provided the acts have not been committed by the State's command or
authorisation, only a vicarious responsibility, but nevertheless the
State concerned must, as was pointed out above, Vol. I. § 163, pay
damages for these acts when required. For this reason, article 3 does
not create a new rule in so far as it enacts that belligerents must pay
for damage caused by members of their forces.
On the other hand, the rule that compensation must be paid by
belligerents for damage done through violations of the Hague
Regulations, is a new rule, at any rate in so far as it is laid down in
a general way. If interpreted according to the letter, article 3 of
Convention IV. establishes the rule for payment of compensation for
violations of the Hague Regulations only, and not for violations of
other rules of International Law concerning land warfare or even
concerning sea warfare. I have, however, no doubt that the Powers would
recognise that the principle of article 3 must find application to any
rule of the laws of war, if by the violation of such rule subjects of
the enemy, or of neutral States, suffer damage. For instance, if the
commander of a naval force, in contravention of Convention IX. of the
Second Peace Conference, were to bombard an undefended place,
compensation could be claimed for such subjects of the enemy and
subjects of neutral States as suffered damage through the bombardment.
A point, however, to be kept in view is that article 3, although it
establishes the obligation to pay compensation, does not stipulate
anything concerning the time or the way in which claims for compensation
are to be settled. This is clearly a case for arbitration, and it is to
be hoped that the Third Peace Conference will make arbitration
obligatory in cases of claims for compensation arising from violations,
on the part of a belligerent, of the Hague Regulations as well as of
other laws of war.
CHAPTER VII
END OF WAR, AND POSTLIMINIUM
I
ON TERMINATION OF WAR IN GENERAL
Hall, § 197--Lawrence, § 217--Phillimore, III. § 510--Taylor, §
580--Moore, VII. § 1163--Heffter, § 176--Kirchenheim in
Holtzendorff, IV. pp. 791-792--Ullmann, § 198--Bonfils, No.
1692--Despagnet, No. 605--Calvo, V. § 3115--Fiore, III. No.
1693--Martens, II. § 128--Longuet, § 155.
[Sidenote: War a Temporary Condition.]
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