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
§ 60. The characteristics of war as developed above are also decisive
for the answer to the question whether so-called guerilla war is real
war in the technical sense of the term. Such guerilla war must not be
confounded with guerilla tactics during a war. It happens during war
that the commanders send small bodies of soldiers wearing their uniform
to the rear of the enemy for the purpose of destroying bridges and
railways, cutting off communications and supplies, attacking convoys,
intercepting despatches, and the like. This is in every way legal, and
the members of such bodies, when captured, enjoy the treatment due to
enemy soldiers. It happens, further, that hitherto private individuals
who did not take part in the armed contention take up arms and devote
themselves mainly to similar tactics. According to the former rules of
International Law such individuals, when captured, under no condition
enjoyed the treatment due to enemy soldiers, but could be treated as
criminals and punished with death. According to article 1 of the
Regulations concerning war on land adopted by the Hague Conferences of
1899 and 1907 such guerilla fighters enjoy the treatment of soldiers
under the four conditions that they (1) do not act individually, but
form a body commanded by a person responsible for his subordinates, (2)
have a fixed distinctive emblem recognisable at a distance, (3) carry
arms openly, and (4) conduct their operations in accordance with the
laws of war.[75]
[Footnote 75: See also article 2 of the Hague Regulations.]
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