tilities are suspended immediately after the notification or at a fixed date. "Article 39. It is for the contracting parties to settle in the clauses of the armistice what may be the relations on the theatre of war with and between the populations. "Article 40. Any serious violation of the armistice by one of the parties gives the other party the right to denounce it and even in case of urgency to recommence hostilities at once. "Article 41. A violation of the terms of the armistice by private individuals acting on their own initiation only confers the right of demanding the punishment of the offenders and, if necessary, indemnity for the losses sustained." General armistices include the entire area of military and naval operations. They are made, as a rule, by the governments concerned or by their authority as preludes to negotiations for peace. Being so comprehensive in character, general armistices are drawn up with considerable detail and stipulations. They are binding upon individuals and forces from the date of notification, but, as in case of naval operations this may be delayed, special arrangements being made in such cases in regard to the capture of prizes, etc. Section III and Articles 42 to 56, inclusive, of The Hague convention relate to military authority over the territory of the hostile state and will be discussed later under the head of military occupation. Section IV, including Articles 57 to 60, inclusive, which relates to the internment of belligerents and the care of the wounded in neutral countries, is discussed later, also under the head of relations between belligerents and neutrals. 149. Reprisals or Retaliation. This subject was not treated upon by The Hague convention on the laws and customs of war on land. As Holland says: "The permissibility of such measures is a painful exception to the rule that a belligerent must observe the laws of war, even without reciprocity on the part of the enemy. Reprisals must be sparingly exercised, and then not by way of vengeance but solely in order to prevent a repetition of the offence complained of." Holland also proposes rules upon the subject of reprisals or retaliation which, he says, are intended to represent prevalent authoritative opinion upon this subject, as to which no written rules have yet been adopted by international consent. They read as follows: "Reprisals must be exercised only subject to the following restrictions: "1. The offence in question must have been carefully inquired into. "2. Redress for the wrong or punishment of the real offender must be unattainable. "3. The reprisals must be authorized, unless under very special circumstances, by the commander-in-chief. "4. They must not be disproportionate to the offence and must in no case be of a barbarous character." 1 Retaliation or reprisals must not be confounded with the punishment of an offender for violation of the rules of war. TOPICS AND REFERENCES 1. Laws of War in General Westlake's "International Law," 2d ed., part II, chap. III. W. E. 2. Modern Development of the Laws of War Oppenheim, "International Law," 2d ed., vol. II, 78-83. Higgins, "Hague Conferences," 256-272. Moore's "Digest of International Law," vol. VII, 338–340. 3. War and the Private Citizen Holland, "The Law of War on Land," 1908. Higgins, "War and the Private Citizen," 1912. Moore's "Digest of International Law," vol. VII, chaps. XXIII to XXVIII, inclusive. 1 Holland, "Laws of War on Land," 1908, pp. 60, 61. 4. The Laws of War on Land. Belligerents Hershey's "Elements of International Law," 372-4. Higgins, "War and the Private Citizen,” 1-70, and 89-112. Stockton, "Manual of International Law,” 180-2. 5. Prisoners of War Hershey's "Elements of International Law," 374-380. Westlake's "International Law," 2d ed., 67-72. W. E. Hall, "International Law," 6th ed., 399-412. 6. Hostilities Brussels Declaration. Higgins, "Hague Conferences," 273-280. Oppenheim, 2d ed., vol. II, 144-204. Moore's "Digest of International Law," vol. VII, 178-215. 7. Spies Ferguson, vol. II, par. 192. Phillimore, vol. III, par. 96. Snow's "International Law," 96. 8. Flags of Truce Davis's "Elements," 3d ed., 337. Boyd's "Wheaton," par. 411. 9. Capitulations Twiss, "The Law of Nations," 353-5. Halleck, Baker's 4th ed., 1878, vol. II, 348, 349, 383. Woolsey, 6th ed., 255. 10. Armistices Westlake, "International Law," 2d ed., vol. II, 92, 93. Hall, 6th ed., 540-5. Davis, "Elements," 341. 11. Reprisals or Retaliations Davis, "Elements," 324-7. Oppenheim, 2d ed., vol. II, 305–317. 12. Hostages Spaight, "War Rights on Land," 465-470. Bluntschli, sec. 600. Westlake's "International Law," vol. II, 102. Oppenheim's "International Law," vol. II, 272–3. CHAPTER XX MARITIME WARFARE 150. Maritime War in General.-Maritime warfare differs from warfare on land not only in the area of its operations, the instruments of its warfare, and the methods of its fighting but also in many of its laws and usages. Although, as has been previously stated, the laws of land warfare apply in many instances, especially in their generalities, to those applicable to warfare upon the sea, still there are certain rules not only exclusively for sea warfare but in some few instances opposed to practices on land. Such are those applying to the use of false colors, the capture of private property afloat, and the dealing with neutral property. The high seas, by which are meant technically all navigable waters outside of the territorial waters of the various states but including in war time as fighting zones the territorial limits of the belligerents, are the area of naval operations. It gives, hence, an international phase to sea warfare wanting on land. It brings also, as has been already suggested, into full play questions of neutral trade, such as the right of search, captures incident to the carriage of contraband articles, unneutral service, and violation of the blockade of seaports generally open to international trade. The fact that maritime nations are more or less concerned in sea warfare compels the creation of national tribunals by the belligerents for the purpose of determining the legality of the capture of prizes as well as causing the enactment of prize laws and international conventions and codes bearing directly upon such legal contentions. It is highly probable and desirable that international tribunals shall also be established to provide for final decisions in such matters of international disputes. The writings of Admiral Mahan have shown most lucidly that the history of both ancient and modern times demonstrates the effect of sea power not only upon the current progress of the world and the course of events but in the shaping of the future for nations and peoples. Ernest Nys well says that the control of the sea not only assures the free traverse of the world with access to the markets of the world but also places within the reach of the conqueror afloat the coasts of the enemy with the possibility of blockade, bombardment, or invasion. There is also no exhibition of concentrated force and protection in the world equal to that contained in a fleet of armored vessels, to which are added its resources, its radius of action, and mobility. The general and controlling object of maritime war, then, can be summed up to be essentially the control of the sea and the consequent exclusion of the enemy, the capture of ships and merchandise being only incident thereto. 151. Laws and Usages of War at Sea.-"The special objects in maritime warfare are the capture or destruction of the military and naval forces of the enemy, of his fortifications, arsenals, dry docks, and dock-yards, of his various military and naval establishments, and of his maritime commerce; to prevent his procuring war material from neutral sources; to aid and assist military operations on land; and to protect and defend the national territory, property, and sea-borne commerce."2 For the purposes of maritime war, besides the declaration of Paris, the following conventions adopted at the second Hague conference of 1907 and ratified by the United States 1 Ernest Nys, "Le Droit International," 1912, vol. III, p. 16. |