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
The question has arisen as to whether, in case a peace treaty provides a
future date for the termination of hostilities in distant parts, and in
case the forces in these parts hear of the conclusion of peace before
such date, they must abstain at once from further hostilities. Most
publicists correctly answer this question in the affirmative. But the
French Prize Courts in 1801 condemned as a good prize the English vessel
_Swineherd_ which was captured by the French privateer _Bellona_ in the
Indian Seas within the period of five months fixed by the Peace of
Amiens for the termination of hostilities in these seas.[507]
[Footnote 507: The details of this case are given by Hall, § 199; see
also Phillimore, III. § 521.]
V
EFFECTS OF TREATY OF PEACE
Grotius, III. c. 20--Vattel, IV. §§ 19-23--Hall, §§
198-202--Lawrence, § 218--Phillimore, III. §§ 518-528--Halleck, I.
pp. 312-324--Taylor, §§ 581-583--Wheaton, §§ 544-547--Bluntschli,
§§ 708-723--Heffter, §§ 180-183, 184A--Kirchenheim in
Holtzendorff, IV. pp. 804-817--Ullmann, § 199--Bonfils, Nos.
1698-1702--Despagnet, No. 607--Rivier, II. pp. 454-461--Calvo, V.
§§ 3137-3163--Fiore, III. Nos. 1701-1703, and Code, Nos.
1942-1962--Martens, II. § 128--Longuet, §§ 156-164--Mérignhac, pp.
330-336--Pillet, pp. 375-377.
[Sidenote: Restoration of Condition of Peace.]
§ 272. The chief and general effect of a peace treaty is restoration of
the condition of peace between the former belligerents. As soon as the
treaty is ratified, all rights and duties which exist in time of peace
between the members of the family of nations are _ipso facto_ and at
once revived between the former belligerents.
On the one hand, all acts legitimate in warfare cease to be legitimate.
Neither contributions and requisitions, nor attacks on members of the
armed forces or on fortresses, nor capture of ships, nor occupation of
territory are any longer lawful. If forces, ignorant of the conclusion
of peace, commit such hostile acts, the condition of things at the time
peace was concluded must as far as possible be restored.[508] Thus,
ships captured must be set free, territory occupied must be evacuated,
members of armed forces taken prisoners must be liberated, contributions
imposed and paid must be repaid.
[Footnote 508: The _Mentor_ (1799), 1 C. Rob. 179. Matters are, of
course, different in case a future date--see above, § 271--is stipulated
for the termination of hostilities.]
On the other hand, all peaceful intercourse between the former
belligerents as well as between their subjects is resumed as before the
war. Thus diplomatic intercourse is restored, and consular officers
recommence their duties.[509]
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