Chapter IV Ruses permitted. Prohibition of an attack on undefended places. uniform, as well as the distinctive badges of the Geneva Convention; (g) To destroy or seize the enemy's property, unless such destruction or seizure be imperatively demanded by the necessities of war. ARTICLE 24. Ruses of war and the employment of methods necessary to obtain information about the enemy and the country are considered allowable. ARTICLE 25. The attack or bombardment of towns, villages, habitations, or buildings which are not defended, is prohibited. The Articles adopted in the Brussels Conference of 1874 contained the provision: "Only fortified places can be besieged." This provision was stricken out upon the motion of General Gross von Schwarzhoff of Germany, for the reason that on the one hand it was superfluous, and on the other hand it seemed to leave out all account of temporary fortifications, which experience has shown to be of great importance. The German representative instanced the case of Plevna in the Russo-Turkish War, and soon after the adjournment of the Conference, his views upon this subject received very striking confirmation in the notable defences of Ladysmith, Kimberley, and Mafeking. Upon the motion of the same delegate, it was expressly noted in the report of the Committee that this article by no means prohibited the destruction of any buildings, when required by military neces sities. ARTICLE 26. The Commander of an attacking Chapter IV force, before commencing a bombardment, except in warning of the case of an assault, should do all he can to warn the authorities. bombard ment. certain ARTICLE 27. In sieges and bombardments, all Immunity for necessary steps should be taken to spare as far as edifices and possible edifices devoted to religion, art, science, places. and charity, hospitals, and places where the sick and wounded are collected, provided they are not used at the same time for military purposes. The besieged should indicate these buildings or places by some particular and visible signs, of which the assailants should previously be notified. ARTICLE 28. The pillage of a town or place, even Pillage prowhen taken by assault, is prohibited. hibited. ARTICLE 29. An individual can only be consid-Who is a spy. ered a spy if, acting clandestinely, or under false pretences, he obtains, or seems to obtain, information in the zone of operations of a belligerent, with the intention of communicating it to the hostile party. spy. Thus, soldiers not in disguise who have penetrated Who is not a into the zone of operations of a hostile army to obtain information are not considered spies. Similarly, the following are not considered spies: soldiers or civilians. carrying out their mission openly, charged with the delivery of despatches destined either for their own army or for that of the enemy. To this class belong likewise individuals sent in balloons to deliver despatches, and generally to maintain communication between the various parts of an army or a territory. Chapter IV ARTICLE 30. A spy taken in the act cannot be Right to trial. punished without previous trial. No punish ARTICLE 31. A spy, who after rejoining the army ment on sub- to which he belongs is subsequently captured by the enemy, is treated as a prisoner of war, and incurs no responsibility for his previous acts of espionage. sequent capture. Definition and community of flags of truce. No obligation to receive it under all circumstances. Chapter III. On Flags of Truce ARTICLE 32. An individual is considered as bearing a flag of truce who is authorized by one of the belligerents to enter into communication with the other, and who carries a white flag: he has a right to inviolability, as well as the trumpeter, bugler, or drummer, the flag-bearer, and the interpreter who may accompany him. ARTICLE 33. The Chief to whom a flag of truce is sent is not obliged to receive it under all circumstances. He can take all steps necessary to prevent the envoy taking advantage of his mission to obtain information. In case of abuse he has the right to detain the envoy temporarily. The Brussels Conference had proposed an express declaration that a belligerent was permitted to declare that he would not receive a flag of truce during a specified time, and adding that the bearers of a flag of truce who should present themselves after such a declaration, should lose their right of inviolability. The Committee, on motion of Count Nigra of Italy, refused to admit that according to the principles of International Law a belligerent could ever be permitted to declare, even for a specified time. that no flags of truce would be received. The military dele- Chapter IV gates at the Peace Conference all considered that the point was sufficiently covered by the provision of Article 33, to the effect that a commander to whom a flag of truce is sent is not obliged to receive it under all circumstances. Accordingly the proposition of the Brussels Conference was stricken out. ARTICLE 34. The envoy loses his rights of in- Treachery. violability if it is proved beyond doubt that he has taken advantage of his privileged position to provoke or commit an act of treachery. ARTICLE 35. Capitulations agreed upon between Military the Contracting Parties must be in accordance with honor. the rules of military honor. When once settled, they must be scrupulously observed by both parties. Chapter V. On Armistices ARTICLE 36. An armistice suspends military opera- Definition tions by mutual agreement between the belligerent and duration. parties. If its duration is not fixed, the belligerent parties can resume operations at any time, provided always the enemy is warned within the time agreed upon, in accordance with the terms of the armistice. tice. ARTICLE 37. An armistice may be general or General or local. The first suspends all military operations of local armisthe belligerent States; the second, only those between certain fractions of the belligerent armies and in a fixed radius Chapter IV ARTICLE 38. An armistice must be notified offiNotification cially, and in good time, to the competent authorities and the troops. Hostilities are suspended immediately after the notification, or at a fixed date. necessary. What com permissible. ARTICLE 39. It is for the Contracting Parties to munications settle, in the terms of the armistice, what communications may be held, on the theatre of war, with the population and with each other. Violation by one of the parties. By private 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 individuals. armistice by private individuals acting on their own. initiative, only confers the right of demanding the punishment of the offenders, and, if necessary, indemnity for the losses sustained. What is occupied territory. Order and safety. SECTION III. ON MILITARY AUTHORITY OVER HOSTILE TERRITORY ARTICLE 42. Territory is considered occupied, when it is actually placed under the authority of the hostile army. The occupation applies only to the territory where such authority is established, and in a position to assert itself. ARTICLE 43. The authority of the legitimate power having actually passed into the hands of the occupant, the latter shall take all steps in his power to re-establish and insure, as far as possible, public order and safety, while respecting, unless absolutely prevented. the laws in force in the country. |