International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
History
International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
Principal belligerent parties are those parties to a war who wage it on
the basis of a treaty of alliance, whether such treaty was concluded
before or during the war. On the other hand, accessory belligerent
parties are such States as provide help and succour only in a limited
way to a principal belligerent party at war with another State; for
instance, by paying subsidies, sending a certain number of troops or
men-of-war to take part in the contention, granting a coaling station to
the men-of-war of the principal party, allowing the latter's troops a
passage through their territory, and the like. Such accessory party
becomes a belligerent through rendering help.
The matter need hardly be mentioned at all were it not for the fact that
the question was formerly discussed by publicists whether or not it
involved a violation of neutrality on the part of a neutral State in
case it fulfilled in time of war a treaty concluded in time of peace, by
the terms of which it had to grant a coaling station, the passage of
troops through its territory, and the like, to one of the belligerents.
This question is identical with the question, to be treated below in §
305, whether a qualified neutrality, in contradistinction to a perfect
neutrality, is admissible. Since the answer to this question is in the
negative, such State as fulfils a treaty obligation of this kind in time
of war may be considered by the other side an accessory belligerent
party to the war, and all doubt in the matter ought now to be removed
since article 2 of Convention V. of the Second Peace Conference[114]
categorically enacts that "belligerents are forbidden to move across the
territory of a neutral Power troops or convoys either of munitions of
war or of supplies."
[Footnote 114: See also article 3 of Convention V.]
VI
THE ARMED FORCES OF THE BELLIGERENTS
Vattel, III. §§ 223-231--Hall, §§ 177-179, 181--Lawrence, §§
148-150--Westlake, II. pp. 60-63--Manning, pp.
206-210--Phillimore, III. § 94--Twiss, II. § 45--Halleck, I. pp.
555-562--Taylor, §§ 471-476--Moore, VII. § 1109--Wheaton, §§
356-358--Bluntschli, §§ 569-572--Heffter, §§ 124-124A--Lueder in
Holtzendorff, IV. pp. 371-385--Klüber, 267--G. F. Martens, II. §
271--Gareis, § 83--Ullmann, § 175--Liszt, § 40, II.--Bonfils, Nos.
1088-1098--Despagnet, Nos. 520-523--Pradier-Fodéré, VI. Nos.
2721-2732, and VIII. Nos. 3091-3102--Nys, III. pp.
155-202--Rivier, II. pp. 242-259--Calvo, IV. §§ 2044-2065--Fiore,
III. Nos. 1303-1316, and Code, Nos. 1455-1475--Martens, II. §
112--Longuet, §§ 26-36--Pillet, pp. 35-59--_Kriegsbrauch_, pp.
4-8--Perels, § 34--Boeck, Nos. 209-213--Dupuis, Nos.
74-91--Lawrence, _War_, pp. 195-218--Zorn, pp. 36-73--Bordwell,
pp. 228-236--_Land Warfare_, § 17-38--Meurer, II. §§
11-20--Spaight, pp. 34-72--Ariga, pp. 74-91--Takahashi, pp. 89-93.
[Sidenote: Regular Armies and Navies.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account