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
§ 78. The chief part of the armed forces of the belligerents are their
regular armies and navies. What kinds of forces constitute a regular
army and a regular navy is not for International Law to determine, but a
matter of Municipal Law exclusively. Whether or not so-called Militia
and Volunteer corps belong to armies rests entirely with the Municipal
Law of the belligerents. There are several States whose armies consist
of Militia and Volunteer Corps exclusively, no standing army being
provided for. The Hague Regulations expressly stipulate in article 1
that in countries where Militia or Volunteer Corps constitute the army
or form part of it they are included under the denomination "Army." It
is likewise irrelevant to consider the composition of a regular army,
whether it is based on conscription or not, whether natives only or
foreigners also are enrolled, and the like.
[Sidenote: Non-combatant Members of Armed Forces.]
§ 79. In the main, armed forces consist of combatants, but no army in
the field consists of combatants exclusively, as there are always
several kinds of other individuals, such as couriers, aeronauts,
doctors, farriers, veterinary surgeons, chaplains, nurses, official and
voluntary ambulance men, contractors, canteen-caterers, newspaper
correspondents,[115] civil servants, diplomatists, and foreign military
attachés[116] in the suite of the Commander-in-Chief.
[Footnote 115: See Rey in _R.G._ XVII. (1910), pp. 73-102, and Higgins,
_War and the Private Citizen_ (1912), pp. 91-114.]
[Footnote 116: See Rey in _R.G._ XVII. (1910), pp. 63-73.]
Writers on the Law of Nations do not agree as regards the position of
such individuals; they are not mere private individuals, but, on the
other hand, are certainly not combatants, although they may--as, for
instance, couriers, doctors, farriers, and veterinary surgeons--have the
character of soldiers. They may correctly be said to belong _indirectly_
to the armed forces. Article 3 of the Hague Regulations expressly
stipulates that the armed forces of the belligerents may consist of
combatants and non-combatants, and that both in case of capture must be
treated as prisoners of war, provided[117] they produce a certificate of
identification from the military authorities of the army they are
accompanying. However, when one speaks of armed forces generally,
combatants only are in consideration.
[Footnote 117: See below, § 127.]
[Sidenote: Irregular Forces.]
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