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
On the other hand, one speaks of guerilla war or petty war when, after
the defeat and the capture of the main part of the enemy forces, the
occupation of the enemy territory, and the downfall of the enemy
Government, the routed remnants of the defeated army carry on the
contention by mere guerilla tactics. Although hopeless of success in the
end, such petty war can go on for a long time thus preventing the
establishment of a state of peace in spite of the fact that regular war
is over and the task of the army of occupation is no longer regular
warfare. Now the question whether such guerilla war is real war in the
strict sense of the term in International Law must, I think, be answered
in the negative, for two reasons. First, there are no longer the forces
of two States in the field, because the defeated belligerent State has
ceased to exist through the military occupation of its territory, the
downfall of its established Government, the capture of the main part and
the routing of the remnant of its forces. And, secondly, there is no
longer in progress a contention between armed forces. For although the
guerilla bands are still fighting when attacked, or when attacking small
bodies of enemy soldiers, they try to avoid a pitched battle, and
content themselves with the constant harassing of the victorious army,
the destroying of bridges and railways, cutting off communications and
supplies, attacking convoys, and the like, always in the hope that some
event or events may occur which will induce the victorious army to
withdraw from the conquered territory. But if guerilla war is not real
war, it is obvious that in strict law the victor need no longer treat
the guerilla bands as a belligerent Power and the captured members of
those bands as soldiers. It is, however, not advisable that the victor
should cease such treatment as long as those bands are under responsible
commanders and observe themselves the laws and usages of war. For I can
see no advantage or reason why, although in strict law it could be done,
those bands should be treated as criminals. Such treatment would only
call for acts of revenge on their part, without in the least
accelerating the pacification of the country. And it is, after all, to
be taken into consideration that those bands act not out of criminal but
patriotic motives. With patience and firmness the victor will succeed in
pacifying these bands without recourse to methods of harshness.
II
CAUSES, KINDS, AND ENDS OF WAR
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