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
[Sidenote: Particular Region of every War.]
§ 71. The region of war depends upon the belligerents. For this reason
every war has its particular region, so far at any rate as territorial
region is concerned. For besides the Open Sea[90] and all such
territories as are as yet not occupied by any State, which are always
within the region of war, the particular region of every war is the
whole of the territories and territorial waters of the belligerents. It
must, however, be specially observed that any part of the globe which is
permanently neutralised,[91] is always exempt from the region of war.
[Footnote 90: See above, vol. I. § 256.]
[Footnote 91: See below, § 72.]
Since colonies are a part of the territory of the mother country, they
fall within the region of war in the case of a war between the mother
country and another State, whatever their position may be within the
colonial empire they belong to. Thus in a war between Great Britain and
France the whole of Australia, of Canada, of India, and so on, would be
included with the British Islands as region of war. And, further, as
States under the suzerainty of another State are internationally in
several respects considered to be a portion of the latter's
territory,[92] they fall within the region of war in case of war between
the suzerain and another Power. Again, such parts of the territory of a
State as are under the _condominium_ or under the administration of
another State[93] fall within the region of war in case of war between
one of the _condomini_ and another Power and in case of war between the
administrating State and another State. Thus, in a war between Great
Britain and another Power, Cyprus would fall within the region of war;
and the Soudan, which is in the _condominium_ of England and Egypt,
would likewise do so. On the other hand, Cyprus would not fall within
the region of war in the case of war between Turkey and another Power,
Great Britain excepted.
[Footnote 92: See above, vol. I. §§ 91 and 169.]
[Footnote 93: See above, vol. I. § 171.]
Although as a rule the territories of both belligerents, together with
the Open Sea, fall within the region of war, and neutral territories do
not, exceptions to the rule may occur:--
(1) A belligerent can deliberately treat certain territories which
legally fall within the region of war, as well as parts of the Open Sea,
as though they were not parts of the region of war, provided that such
territories on their part fulfil the duties incumbent upon neutrals.
Thus during the Turco-Italian War in 1911 and 1912, Italy treated Crete
and Egypt as though they were not parts of the region of war.[94]
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