66 by death. In consequence, the restrictive words Chapter IV disciplinary punishment" were adopted, it being understood that this restriction had no application to cases where the escape or the attempt to escape was accompanied by special circumstances, constituting, for example, a plot, a rebellion, or a riot. In such cases the prisoners would be punishable under the first paragraph of the Article, declaring them to be subject to the laws and regulations in force in the army of the State into whose hands they have fallen. The proposal of the Brussels Conference contained the provision that it was permissible, after a summons to halt, to use arms against an escaping prisoner of war. This provision was stricken out of the present Articles. The Committee did not deny the right to fire on an escaping prisoner of war, if military regulations so provided, but it did not seem necessary or proper to provide such formal extreme measures in the body of these Articles. name and rank. ARTICLE 9. Every prisoner of war, if questioned, Disclosure of is bound to declare his true name and rank, and if he disregards this rule, he is liable to a curtailment of the advantages accorded to the prisoners of war of his class. ARTICLE 10. Prisoners of war may be set at lib-Parole. erty on parole, if the laws of their country authorize it, and, in such a case, they are bound, on their personal honor, scrupulously to fulfil, both as regards their own Government and the Government by whom they were made prisoners, the engagements they have contracted. Chapter IV Not obliga tory. Breach of parole. Correspon reporters, and camp ARTICLE 11. A prisoner of war cannot be forced to accept his liberty on parole; similarly the hostile. Government is not obliged to assent to the prisoner's request to be set at liberty on parole. ARTICLE 12. Any prisoner of war who is liberated on parole and recaptured bearing arms against the Government to whom he had pledged his honor, or against the allies of that Government, forfeits his right to be treated as a prisoner of war and can be brought before the Courts. - ARTICLE 13. Individuals who follow an army dents, without directly belonging to it such as newspaper correspondents and reporters, sutlers and contractors followers. who fall into the enemy's hands, and whom the latter see fit to detain, have a right to be treated as prisoners of war, provided they can produce a certificate from the military authorities of the army which they were accompanying. Bureau of information. ARTICLE 14. A Bureau of Information relative to prisoners of war shall be instituted, on the commencement of hostilities, in each of the belligerent States and, when necessary, in the neutral countries. on whose territory belligerents have been received. This Bureau is intended to answer all inquiries about prisoners of war, and shall be furnished, by the various services concerned, with all the necessary information to enable it to keep an individual return for each prisoner of war. It shall be kept informed of detainments and changes, as well as of admissions into hospital, and deaths. It shall also be the duty of the Bureau of Information to receive and collect all objects of personal use, valuables, letters, etc., found on the battlefields or left by prisoners who have died in hospital or ambulance, and to transmit them to those inter- Chapter IV ested. Relief socie ARTICLE 15. Relief Societies for prisoners of Rights and war, which are regularly constituted in accordance duties of with the law of the country, with the object of serv-ties and their ing as an intermediary for charity, shall receive agents. from the belligerents, for themselves and their duly accredited agents, every facility, within the bounds of military requirements and administrative regulations, for the effective accomplishment of their humane task. Delegates of these Societies may be admitted to the places of detention, for the distribution of relief, as also to the stopping places of repatriated prisoners, if furnished with a personal permit by the military authorities, and on giving an engagement in writing to comply with all their regulations for order, and police ordinances. and free entry of war. ARTICLE 16. The Bureau of Information shall Free postage have the privilege of free postage. Letters, money for all parcels orders, and valuables, as well as postal parcels des- for prisoners tined for the prisoners of war or despatched by them, shall be free from all postal duties, both in the countries of origin and destination, as well as in those through which they pass. Gifts and relief in kind for prisoners of war shall be admitted free of all duties of entry and others, as well as of payments for carriage by the Government railways. ARTICLE 17. Officers taken prisoners may receive, Pay of if necessary, the full pay allowed them in this posi-captured tion by their country's regulations, the amount to be repaid by their Government. ARTICLE 18. Prisoners of war shall enjoy every Religions latitude in the exercise of their religion, including tolerance. Chapter IV Wills, death attendance at their own church service, provided only they comply with the regulations for order and police ordinances issued by the military authorities. ARTICLE 19. The wills of prisoners of war shall certificates, be received or drawn up on the same conditions as for soldiers of the national army. and burials. Repatriation. Suggestions of M. Rom The same rules shall be observed regarding death. certificates, as well as for the burial of prisoners of war, due regard being paid to their grade and rank. ARTICLE 20. After the conclusion of peace, the repatriation of prisoners of war shall take place as speedily as possible. M. Beernaert of Belgium most properly called the berg-Nisard. attention of the Committee and of the Conference. to the fact that the humane provisions contained in Articles XI to XX were first suggested by M. Romberg-Nisard, the Belgian philanthropist, who, after having been particularly active in relieving the sufferings of prisoners of war during the war of 1870, never ceased to agitate in favor of more humane treatment. of the sick, wounded, and prisoners in wars of the future. At the Conference of Brussels of 1874, the Belgian Government, through Baron Lambermont, officially proposed the adoption of six Articles regarding societies for the relief of prisoners of war, and all of these suggestions are contained in the Articles as adopted at the Peace Conference. Francis The idea of codifying the laws of war in their of the laws of entirety originated with the late Francis Lieber. Professor of Political Science and International Law at Columbia University, New York. He was also the war. author of the code approved by President Lincoln and Chapter IV formulated in 1863 as General Order No. 100 for the government of the United States armies in the field by General Halleck. This Order, as was said by M. de Martens at The Hague, has remained the basis of all subsequent efforts in the direction of humanization of war. Chapter III. Of the Sick and Wounded ARTICLE 21. The obligations of belligerents with Application regard to the sick and wounded are governed by the of the Geneva Geneva Convention of August 22, 1864, subject to any modifications which may be introduced into it. Convention. SECTION II. ON HOSTILITIES Chapter I. Of Means of injuring the Enemy, Sieges, and Bombardments ARTICLE 22. The right of belligerents to adopt Limitations. means of injuring the enemy is not unlimited. prohibitions. ARTICLE 23. Besides the prohibitions provided by Special special Conventions, it is especially prohibited :(a) To employ poison or poisoned arms; (b) To treacherously kill or wound individuals belonging to the hostile nation or army; (e) To kill or wound an enemy who, having laid down arms, or having no longer any means of defence, has surrendered at discretion; (d) To declare that no quarter will be given; (e) To employ arms, projectiles, or material of a nature to cause superfluous injury; (f) To make improper use of a flag of truce, the national flag, or military ensigns, and the enemy's |