Letters to "The Times" upon War and Neutrality (1881-1920)Holland, Thomas Erskine
History
Letters to "The Times" upon War and Neutrality (1881-1920)
Holland, Thomas Erskine
Neutrality; War (International law)
Art. 21 of the _Règlement_ annexed to The Hague Convention of
1899 as to the "Laws and Customs of War on Land," stating that
"the obligations of belligerents, with reference to the care of
the sick and wounded, are governed by the Convention of Geneva
of August 22, 1864, subject to alterations which may be made in
it," is now represented by Art. 21 of The Hague _Règlement_ of
1907, which mentions "the Convention of Geneva," without
mention of any date, or of possible alterations. The Convention
intended in this later _Règlement_ is, of course, that of 1906,
for the numerous Powers which have already ratified it, since
for them it has superseded that of 1864. The British
ratification, of April 16, 1907, was subject to a reservation,
the necessity for which was intended to be removed by 1 & 2
Geo. 5, c. 20, as to which, see _supra_, p, 37. The later is
somewhat wider in scope than the earlier Convention, its
recital referring to "the sick," as well as to the wounded, and
its first article naming not only "les militaires," but also
"les autres personnes officiellement attachées aux armées."
With a view to the expected meeting of the Conference by which
the Convention was signed in 1906, Mr. Pike and his friends
again, in 1903, pressed upon the British Government their
desire that the new Convention should extend protection to
persons engaged in relieving the sufferings of wounded horses.
The British delegates to the Conference, however, who had
already been appointed, and were holding meetings in
preparation for it, were not prepared to advise the insertion
of provisions for this purpose in the revised Convention of
Geneva.
"The principles of the Geneva Convention" of 1864 were applied
to naval warfare by The Hague Convention No. iii. of 1899, and
those of the Geneva Convention of 1906 by The Hague Convention
No. x. of 1907 respectively. Both were ratified by Great
Britain. Cf. _supra_, Chapters ii. and iv.
* * * * *
SECTION 11
_Enemy Property in Occupied Territory_
By Art. 55 of The Hague _Règlement_ of 1899, which reproduces
Art. 7 of the Brussels _Projet_, and is repeated as Art. 55 of
the _Règlement_ of 1907: "The occupying State shall regard
itself as being only administrator and usufructuary of the
public buildings, immoveable property, forests and agricultural
undertakings belonging to the hostile State and situated in the
hostile country. It must protect the substance of these
properties and administer them according to the rules of
usufruct."
The following letter touches incidentally upon the description
of the rights of an invader over certain kinds of State
property in the occupied territory as being those of a
"usufructuary."
INTERNATIONAL "USUFRUCT"
Public-domain text, read in full here on John Shaqi.
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