ARTICLE 51 No contribution shall be collected except under a written order, and on the responsibility of a commander in chief. The collection of said contribution shall only be effected as far as possible in accordance with the rules of assessment and incidence of the taxes in force. For every contribution a receipt shall be given to the contributors. ARTICLE 52 Requisitions in kind and services shall not be demanded from municipalities or inhabitants except for the needs of the army of occupation. They shall be in proportion to the resources of the country, and of such a nature as not to involve the population in the obligation of taking part in the operations of the war against their country. Such requisitions and services shall only be demanded on the authority of the commander in the locality occupied. Contributions in kind shall, as far as possible, be paid for in cash; if not, a receipt shall be given. An army of occupation can only take possession of cash, funds, and realizable securities which are strictly the property of the State, depots of arms, means of transport, stores and supplies, and, generally, all movable property belonging to the State which may be used for the operations of the war. Railway plant, land telegraphs, telephones, steamers and other ships, apart from cases governed by maritime law, as well as depots of arms and generally all kinds of munitions of war, even though belonging to companies or to private persons, are likewise material which may serve for military operations, but they must be restored and compensation fixed when peace is made. ARTICLE 54 The plant of railways coming from neutral States, whether the property of those States or of companies or of private persons, shall be sent back to them as soon as possible. ARTICLE 55 The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct. ARTICLE 56 The property of municipalities, that of institutions dedicated to religion, charity and education, the arts and sciences, even when State property shall be treated as private property. All seizure or destruction of, or willful damage to, institutions of this character, historic monuments, works of art and science, is forbidden, and should be made the subject of legal proceedings. SECTION IV.- ON THE INTERNMENT OF BELLIGERENTS AND THE CARE OF THE WOUNDED IN NEUTRAL COUNTRIES ARTICLE 57 A neutral State which receives on its territory troops belonging to the belligerent armies shall intern them, as far as possible, at a distance from the theater of war. It may keep them in camps, and even confine them in fortresses or in places set apart for this purpose. It shall decide whether officers can be left at liberty on giving their parole not to leave the neutral territory without permission. ARTICLE 58 In the absence of a special convention, the neutral State shall supply the interned with the food, clothing, and relief required by humanity. At the conclusion of peace the expenses caused by the internment shall be made good. ARTICLE 59 A neutral State may authorize the passage over its territory of wounded or sick belonging to the belligerent armies, on condition that the trains bringing [47] them shall carry neither personnel nor material of war. In such a case, the neutral State is bound to take whatever measures of safety and control are necessary for the purpose. Wounded or sick brought under these conditions into neutral territory by one of the belligerents, and belonging to the hostile party, must be guarded by the neutral state, so as to ensure their not taking part again in the operations of the war. The same duty shall devolve on the neutral State with regard to wounded or sick of the other army who may be committed to its care. ARTICLE 60 The Geneva Convention applies to sick and wounded interned in neutral territory. [48] FIRST SUBCOMMISSION FIRST MEETING MAY 25, 1899 Mr. Asser presiding. Mr. Asser thanks the subcommission for having chosen him as president, and he will count on its good-will to aid him in his task. He refers to the fact that the competency of the subcommission is limited to an examination of Nos. 5 and 6 of the MoURAVIEFF circular, but that it should have the greatest freedom in extending its discussion to all questions connected with these two parts of the program outlined. The PRESIDENT reads Articles 5 and 6 of the circular of December 30, 1898. He opens the discussion on the first of these articles, asking the subcommission to answer as a preliminary the following questions: 1. Is it desirable to adapt to maritime wars the stipulations of the Geneva Convention of 1864 on the basis of the additional articles of 1868? This principle is adopted without remarks. 2. Can the additional articles of 1868 be considered as capable of constituting the best basis for such adaptation? This view is likewise adopted by the subcommission. The PRESIDENT says that he will successively read Articles 6 to 15 of the provisions of October 20, 1868, in order to call forth discussion on each of them. Article 6 is now read: The boats which, at their own risk and peril, during and after an engagement pick up the shipwrecked or wounded, or which having picked them up, convey them on board a neutral or hospital ship, shall enjoy, until the accomplishment of their mission, the character of neutrality, as far as the circumstances of the engagement and the position of the ships engaged will permit. The appreciation of these circumstances is entrusted to the humanity of all the combatants. The wrecked and wounded thus picked up and saved must not serve again during the continuance of the war. Commander Scheine thinks that it will be necessary to specify that the vessels which are admitted to the field of battle by virtue of this article shall not be independent of superior command but subordinate to the admirals in chief command of either belligerent party. He thinks that a provision to this effect will prevent the invasion of the field of battle by vessels of a private character. Mr. Renault says that in his opinion the vessels organized by private relief societies ought not to be independent in action but be attached officially to one or other of the belligerents. He adds that from an international standpoint, it is important that neutral vessels should not be allowed to enter the field of battle under the pretext that they are covered by the Red Cross. It will there fore be necessary that the vessels mentioned in Article 6, in order to be entitled to special immunities, be placed under the direct authority of one or other of the belligerents. Mutual communications might be made in order to notify their character. [49] Captain Mahan observes that the first requisite for admittance to the field of battle ought to be to fly the flag of one or other of the belligerents. Admiral Péphau adds that it would be well if the vessels presenting themselves under these conditions were easily recognizable by means of distinctive signs such as a special painting. Mr. Renault thinks that the question of the flag, as raised by Mr. MAHAN, ought to come under the examination of Article 12. Article 7 is now read: The religious, medical, and hospital staff of any captured vessel are declared neutral. On leaving the vessel, they remove the articles and surgical instruments which are their private property. Captain Count Soltyk thinks that there would be great disadvantages connected with the release of the religious, medical, and hospital staff of a captured ship. He thinks that the commander of such a vessel ought to be authorized to keep this staff under his surveillance. Commander Scheine says that a provision might be inserted leaving it to the discretion of the commander in chief to decide what measures the situation warrants him in taking in regard to the personnel in question. Mr. Papiniu thinks that a distinction ought to be made between the neutrality and the inviolability of this personnel. The President observes that in his opinion neutrality implies inviolability. Captain Mahan suggests the fixing of a period after which the medical and religious personnel of a captive vessel ought necessarily to be released. The subcommission takes note of these various observations. The staff designated in the preceding article must continue to fulfill their functions in the captured ship, assisting in the removal of the wounded made by the victorious party; they will then be at liberty to return to their country, in conformity with the second paragraph of the first additional article. The stipulations of the second additional article are applicable to the pay and allowance of the staff. The President now reads Article 9. Military hospital ships remain subject to the laws of war as regards their material; they become the property of the captor, but the latter cannot divert them from their special purpose during the continuance of the war. Mr. Renault recalls the fact that the questions raised by this article stood in the way of ratification. He proposes to reserve it for a second reading. Article 10 is now read: Any merchantman, to whatever nation she may belong, charged exclusively with removal of sick and wounded, is protected by neutrality, but the mere fact, noted on the ship's books, of the vessel having been visited by an enemy's cruiser, renders the sick and wounded incapable of serving during the continuance of the war. The cruiser shall even have the right of putting on board an officer in order to accompany the convoy, and thus verify the good faith of the operation. If the merchant ship also carries a cargo, her neutrality will still protect it, provided that such cargo is not of a nature to be confiscated by the belligerents. The belligerents retain the right to interdict neutralized vessels from all communication, and from any course which they may deem prejudicial to the secrecy of their operations. In urgent cases special conventions may be entered into between commanders in chief, in order to neutralize temporarily and in a special manner the vessels intended for the removal of the sick and wounded. The President thinks that the term "merchantman" is too restricted. The intention is to indicate all vessels which are not war vessels. Admiral Péphau says that a merchantman is any vessel not belonging to the State. Mr. Scheine says that it ought to be stipulated that the fact of a vessel of this nature being searched by a hostile cruiser is equivalent to a capture of the sick and wounded as prisoners of war. Article 11 is now read: Wounded or sick sailors and soldiers, when embarked, to whatever nation they may belong, shall be protected and taken care of by their captors. Their return to their own country is subject to the provisions of Article 6 of the Convention, and of the additional Article 5. [50] Mr. Renault says that this article can be criticized both as to substance and form. It ought to be made the subject of a serious examination on the part of the subcommission. Article 12 is now read: The distinctive flag to be used with the national flag, in order to indicate any vessel or boat which may claim the benefits of neutrality, in virtue of the principles of this Convention, is a white flag with a red cross. The belligerents may exercise in this respect any mode of verification which they may deem necessary. Military hospital ships shall be distinguished by being painted white outside, with green strake. Mr. Scheine asks that the white flag with red cross shall always appear underneath the national flag. In the second place he expresses the wish that hospital ships may be of a type which will not enable them to be transformed so as to serve for war purposes. Admiral Péphau thinks that the lack of arms and war material on board these vessels will constitute a sufficient guaranty, but it would be too much to require them to be constructed after a certain type. Such an obligation would prevent the utilization of mail ships owing to the ease of transforming them into war vessels. Mr. Renault thinks that the communication made in advance to the belligerents will prevent any fraud. Mr. Scheine does not insist on his proposition, but asks that note be taken thereof. Article 13 is then read: The hospital ships which are equipped at the expense of the aid societies, recognized by the Governments signing this Convention, and which are furnished with a commission |