International Law: War and Neutrality

Front Cover
Longmans, Green and Company, 1921

From inside the book

Contents

Objects of Reprisals
37
when Reparation is made
44
Reprisals during Peace in contradistinction to Reprisals during
52
Intervention
58
War no Illegality
65
Rules of Warfare independent of Causes of
79
The Laws of War SECT PAGE 67 Origin of the Laws of War
84
The most important Developments of the Laws of War
86
Binding Force of the Laws of War
91
The Region of War 70 Region of War in contradistinction to Theatre of War
92
Particular Region of every War
93
Exclusion from Region of War through Neutralisation
96
General Effects of the Outbreak of
97
Asserted Exclusion of the Baltic Sea from the Region of War
98
The Belligerents 74 Qualification to become a Belligerent facultas bellandi
99
Possibility in contradistinction to Qualification to become a Belligerent
100
Insurgents as a Belligerent Power
101
Principal and Accessory Belligerent Parties
102
The Armed Forces of the Belligerents 78 Regular Armies and Navies
103
NonCombatant Members of Armed Forces
105
Levies en masse
106
Barbarous Forces
108
Privateers
109
Converted Merchantmen
112
The Crews of Merchantmen
113
Deserters and Traitors
115
Enemy Character 87 On Enemy Character in general
116
Enemy Character of Individuals
117
88a Enemy Character of Corporations
122
Enemy Character of Vessels
124
Enemy Character of Goods
128
Transfer of Enemy Vessels
130
Transfer of Goods on Enemy Vessels
133
CHAPTER II
136
Declaration of War
138
Ultimatum
140
Initiative hostile Acts of War
141
100a Persona standi in judicio on Enemy Territory
143
Intercourse especially Trading between Subjects of Belli
152
Ends of
166
Expanding DumDum Bullets
172
The Wounded and the Sick
181
Captivity SECT PAGE 125 Development of International Law regarding Captivity
186
SECT PAGE
187
Treatment of Prisoners of War
188
Who may claim to be Prisoners of War
191
Release on Parole
192
Bureau of Information
193
131a Prisoners of War during the World War
194
End of Captivity
196
Appropriation and Utilisation of Public Enemy Property 133 Appropriation of all the Enemy Property no longer admissible
197
Immoveable Public Property
198
Utilisation of Public Buildings
199
Moveable Property of Municipalities and of Religious Chari table and the like Institutions
200
Booty on the Battlefield
201
Appropriation and Utilisation of Private Enemy Property 140 Immoveable Private Property
202
Private War Material and Means of Transport
203
Other Private Personal Property
204
Booty on the Battlefield
205
Private Enemy Property brought into a Belligerents Territory
206
Requisitions and Contributions 146 War must support War
207
Requisitions in Kind and Quartering
209
Contributions
210
Destruction of Enemy Property 149 Wanton Destruction prohibited
212
Destruction in Marching Reconnoitring and Conducting Trans port
213
Destruction of Arms Ammunition and Provisions
214
General Devastation
215
Assault Siege and Bombardment 155 Assault Siege and Bombardment when lawful
216
Assault how carried out
218
Bombardment how carried out
220
640
222
Espionage in contradistinction to Scouting and Despatch bearing
223
Punishment of Espionage
225
War Treason
226
Ruses 163 Character of Ruses of War
227
Convoys of Evacuation
229
Occupation of Enemy Territory 166 Occupation as an Aim of Warfare
230
Occupation when effected
233
Occupation when ended
236
Rights of the Occupant regarding the Inhabitants
238
Position of Government Officials and Municipal Functionaries during Occupation
243
CHAPTER IV
246
Lawful and Unlawful Practices of Sea Warfare
247
Objects of the Means of Sea Warfare
248
Declaration of Paris
250
The Principle of Appropriation of Private Enemy Vessels and Enemy Goods thereon
252
Codification of Law of Sea Warfare
254
Attack and Seizure of Enemy Vessels
255
Importance of Attack and Seizure of Enemy Vessels
256
Attack how effected
258
Submarine Contact Mines
259
Duty of giving Quarter
261
Effect of Seizure
262
Immunity of Vessels charged with Religious Scientific or Philanthropic Mission
264
Immunity of Merchantmen at the Outbreak of War on their
266
Conduct of Prize to Port of Prize Court
272
Loss of Prize especially Recapture
278
11
282
Treatment of the Dead
284
13
320
Partial Armistices
323
Passage of Wounded through Neutral Territory
324
SECT PAGE
325
15
327
Levy of Troops and the like
330
How Legitimate Warfare is to a certain extent secured
331
17
335
On Neutral Asylum in general
336
Reprisals admissible for every Illegitimate Act of Warfare
337
Asylum to Naval Forces in contradistinction to Asylum
342
18
344
Hostilities in Arms by Private Individuals
345
Modern Practice of taking Hostages
351
On Termination of War in general
356
Peace Negotiations
362
Principle of Uti Possidetis
368
Postliminium
374
PART III
381
CHAPTER I
383
Neutrality during the Middle Ages
384
Neutrality during the Seventeenth Century
385
Progress of Neutrality during the Eighteenth Century
386
First Armed Neutrality
390
The French Revolution and the Second Armed Neutrality
391
Neutrality during the Nineteenth Century
393
Neutrality in the Twentieth Century
395
21
397
SECT PAGE 398 Carriage of Contraband Penal by the Municipal Law of Belli
398
Characteristics of Neutrality 293 Conception of Neutrality
400
Neutrality an Attitude of Impartiality
401
Neutrality an Attitude creating Rights and Duties
402
Neutrality an Attitude of States
403
No Cessation of Intercourse during Neutrality between Neutrals and Belligerents
404
Neutrality an Attitude during War Neutrality in Civil War
405
Neutrality to be recognised by the Belligerents
406
Different Kinds of Neutrality 300 Perpetual Neutrality
408
General and Partial Neutrality
409
Benevolent Neutrality
410
Perfect and Qualified Neutrality
411
Some Historical Examples of Qualified Neutrality
412
Commencement and End of Neutrality 307 Neutrality commences with Knowledge of the War
413
Commencement of Neutrality in Civil War
414
British Foreign Enlistment Act
416
End of Neutrality
417
CHAPTER II
419
SECT PAGE 348 Neutral MenofWar as an Asylum
471
348a Neutral Territory and Shipwrecked Soldiers and Sailors
473
Neutral Territory and Shipwrecked War Material
477
Supplies and Loans to Belligerents 349 Supply on the part of Neutrals
480
Supply on the part of Subjects of Neutrals
481
Loans and Subsidies on the part of Neutrals
484
Loans and Subsidies on the part of Subjects of Neutrals
485
Services to Belligerents 353 Pilotage
487
Transport on the part of Neutrals
488
Transport on the part of Neutral Merchantmen and by Private Neutral Rolling Stock
489
Violation of Neutrality 357 Violation of Neutrality in the Narrower and in the Wider Sense of the Term
493
Violation in contradistinction to End of Neutrality
494
Consequences of Violations of Neutrality
495
Neutrals not to acquiesce in Violations of Neutrality com mitted by a Belligerent
496
Cases of The General Armstrong and The Dresden
497
Mode of exacting Reparation from Belligerents for Violations of Neutrality
499
Negligence on the part of Neutrals
501
363a Laying of Submarine Contact Mines by Neutrals
502
Right of Angary 364 The Original Right of Angary
503
The Modern Right of Angary
506
Right of Angary concerning Neutral Rolling Stock
509
CHAPTER III
511
Blockade Strategic and Commercial
513
Blockade to be Universal
514
What Places can be Blockaded
515
Length of Time for Egress of Neutral Vessels
521
Cessation of Effectiveness
527
When Ingress is not considered Breach of Blockade
534
The Isolation of the Central Empires during the World War
542
Absolute and Conditional Contraband and Free Articles
548
Hostile Destination essential to Contraband
557
gerents
563
Direct Carriage of Contraband
566
Indirect Carriage of Contraband Doctrine of Continuous Transports
568
Continental Support to the Doctrine of Continuous Transports
571
403a The Declaration of London concerning the Doctrine of Contin uous Voyages and the Practice during the World War
573
Consequences of Carriage of Contraband
576
Capture for Carriage of Contraband
577
Penalty for Carriage of Contraband according to the Practice hitherto prevailing
578
Penalty according to the Declaration of London for Carriage of Contraband
581
406a Seizure of Contraband without Seizure of the Vessel
583
CHAPTER V
585
Carriage of Persons for the Enemy
586
Transmission of Intelligence to the Enemy
592
Unneutral Service creating Enemy Character
594
Consequences of Unneutral Service 411 Capture for Unneutral Service
596
Seizure of Enemy Persons and Despatches without Seizure of Vessel
599
413a Seizure of Enemy Reservists during the World War
601
CHAPTER VI
604
Right of Visitation by whom when and where exercised
605
Only Private Vessels may be visited
606
No Universal Rules regarding Mode of Visitation
609
Contraband Vessels 562
649

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Common terms and phrases

Popular passages

Page 32 - If a State so invited shall refuse to accept the obligations of membership in the League for the purposes of such dispute, and shall resort to war against a Member of the League, the provisions of Article 16 shall be applicable as against the State taking such action.
Page 29 - Any war or threat of war, whether immediately affecting any of the Members of the League or not, is hereby declared a matter of concern to the whole League, and the League shall take any action that may be deemed wise and effectual to safeguard the peace of nations.
Page 31 - Assembly, if concurred in by the Representatives of those Members of the League represented on the Council and of a majority of the other Members of the League, exclusive in each case of the Representatives of the parties to the dispute...
Page 98 - To conduct their operations in accordance with the laws and customs of war. In countries where militia or volunteer corps constitute the army, or form part of it, they are included under the denomination "army.
Page 84 - The right of belligerents to adopt means of injuring the enemy is not unlimited.
Page 94 - Council is a de facto belligerent government clothed with proper authority to direct the military and political affairs of the Czecho-Slovaks.
Page 32 - If both parties to the dispute when so invited refuse to accept the obligations of membership in the League for the purposes of such dispute, the Council may take such measures and make such recommendations as will prevent hostilities and will result in the settlement of the dispute.
Page 346 - A belligerent party which violates the provisions of the said Regulations shall, if the case demands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part of its armed forces.
Page 543 - ... (2) Articles intended for the use of the vessel in which they are found, as well as those intended for the use of her crew and passengers during the voyage.
Page 230 - The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.

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