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
Vattel, III. §§ 199-203--Hall, §§ 204-205--Lawrence, §
77--Phillimore, III. § 512--Halleck, I. pp. 467-498--Taylor, §§
220, 585-588--Moore, I. § 87--Walker, § 11--Wheaton, §
165--Bluntschli, §§ 287-289, 701-702--Heffter, § 178--Kirchenheim
in Holtzendorff, IV. p. 792--Liszt, § 10--Ullmann, §§ 92, 97, and
197--Bonfils, Nos. 535 and 1694--Despagnet, Nos. 387-390,
605--Rivier, II. pp. 436-441--Calvo, V. §§ 3117-3118--Fiore, II.
Nos. 863, III. No. 1693, and Code, Nos. 1078-1089--Martens. I. §
91, II. § 128--Longuet, § 155--Mérignhac, p. 324--Pillet, p.
371--Holtzendorff, _Eroberung und Eroberungsrecht_
(1871)--Heimburger, _Der Erwerb der Gebietshoheit_ (1888), pp.
121-132--Westlake, in _The Law Quarterly Review_, XVII. (1901), p.
392.
[Sidenote: Subjugation in contradistinction to Conquest.]
§ 264. Subjugation must not be confounded with conquest, although there
can be no subjugation without conquest. Conquest is taking possession of
enemy territory by military force. Conquest is completed as soon as the
territory concerned is effectively[496] occupied. Now it is obvious that
conquest of a part of enemy territory has nothing to do with
subjugation, because the enemy may well reconquer it. But even the
conquest of the whole of the enemy territory need not necessarily
include subjugation. For, first, in a war between more than two
belligerents the troops of one of them may evacuate their country and
join the army of allies, so that the armed contention is continued,
although the territory of one of the allies is completely conquered.
Again, a belligerent, although he has annihilated the forces, conquered
the whole of the territory of his adversary, and thereby actually
brought the armed contention to an end,[497] may nevertheless not choose
to exterminate the enemy State by annexing the conquered territory, but
may conclude a treaty of peace with the expelled or imprisoned head of
the defeated State, re-establish the latter's Government, and hand the
whole or a part of the conquered territory over to it. Subjugation takes
place only when a belligerent, after having annihilated the forces and
conquered the territory of his adversary, destroys his existence by
annexing the conquered territory. Subjugation may, therefore, correctly
be defined as _extermination in war of one belligerent by another
through annexation_[498] _of the former's territory after conquest, the
enemy forces having been annihilated_.[499]
[Footnote 496: The conditions of effective occupation have been
discussed above in § 167. Regarding subjugation as a mode of acquisition
of territory, see above, vol. I. §§ 236-241.]
[Footnote 497: The continuation of guerilla war after the termination of
a real war is discussed above in § 60.]
[Footnote 498: That conquest alone is sufficient for the termination of
civil wars has been pointed out above, § 261, p. 323, note 1.]
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