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
§ 41. Like all other compulsive means of settling international
differences, reprisals are admissible only after negotiations have been
conducted in vain for the purpose of obtaining reparation from the
delinquent State. In former times, when States used to authorise private
individuals to perform special reprisals, treaties of commerce and peace
frequently stipulated for a certain period of time, for instance three
or four months, to elapse after an application for redress before the
grant of Letters of Marque by the injured State.[44] Although with the
disappearance of special reprisals this is now antiquated, a reasonable
time for the performance of a reparation must even nowadays be given. On
the other hand, reprisals must at once cease when the delinquent State
makes the necessary reparation. Individuals arrested must be set free,
goods and ships seized must be handed back, occupied territory must be
evacuated, suspended treaties must again be put into force, and the
like.
[Footnote 44: See Phillimore, III. § 14.]
It must be specially mentioned that in the case of recovery of contract
debts claimed from the Government of one country by the Government of
another country as being due to its nationals, reprisals by means of
armed forces can, according to article 1 of Convention II., only be
resorted to in case the debtor State refuses to go to arbitration.
[Sidenote: Reprisals during Peace in contradistinction to Reprisals
during War.]
§ 42. Reprisals in time of peace must not be confounded with reprisals
between belligerents. Whereas the former are resorted to for the purpose
of settling a conflict without going to war, the latter[45] are
retaliations to force an enemy guilty of a certain act of illegitimate
warfare to comply with the laws of war.
[Footnote 45: See below, § 247.]
[Sidenote: Value of Reprisals.]
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