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
But it is important to remember here again that the amnesty grants
immunity only for wrongful acts done by the subjects of one belligerent
against the other. Such wrongful acts as have been committed by the
subjects of a belligerent against their own Government are not covered
by the amnesty. Therefore treason, desertion, and the like committed
during the war by his own subjects may be punished by a belligerent
after the conclusion of peace, unless the contrary has been expressly
stipulated in the treaty of peace.[514]
[Footnote 514: Thus Russia stipulated by article 17 of the Preliminaries
of San Stefano, in 1878--see Martens, _N.R.G._ 2nd Ser. III. p.
252--that Turkey must accord an amnesty to such of her own subjects as
had compromised themselves during the war.]
[Sidenote: Release of Prisoners of War.]
§ 275. A very important effect of a treaty of peace is termination of
the captivity of prisoners of war.[515] This, however, does not mean
that with the conclusion of peace all prisoners of war must at once be
released. It only means--to use the words of article 20 of the Hague
Regulations--that "After the conclusion of peace, the repatriation of
prisoners of war shall take place as speedily as possible." The instant
release of prisoners at the very place where they were detained, would
be inconvenient not only for the State which kept them in captivity, but
also for themselves, as in most cases they would not possess means to
pay for their journey home. Therefore, although with the conclusion of
peace they cease to be captives in the technical sense of the term,
prisoners of war remain as a body under military discipline until they
are brought to the frontier and handed over to their Government. That
prisoners of war may be detained after the conclusion of peace until
they have paid debts incurred during captivity seems to be an almost
generally[516] recognised rule. But it is controversial whether such
prisoners of war may be detained as are undergoing a term of
imprisonment imposed upon them for offences against discipline. After
the Franco-German War in 1871 Germany detained such prisoners,[517]
whereas Japan after the Russo-Japanese War in 1905 released them.
[Footnote 515: See above, § 132.]
[Footnote 516: See, however, Pradier-Fodéré, VII. No. 2839, who objects
to it.]
[Footnote 517: See Pradier-Fodéré, VII. No. 2840; Beinhauer, _Die
Kriegsgefangenschaft_ (1910), p. 79; Payrat, _Le prisonnier de Guerre_
(1910), pp. 364-370.]
[Sidenote: Revival of Treaties.]
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