ARTICLE 44. Any compulsion of the population Chapter IV of occupied territory to take part in military opera- No conscriptions against its own country is prohibited. tion. allegiance. ARTICLE 45. Any pressure on the population of No oath of occupied territory to take an oath of allegiance to the hostile Power is prohibited. ARTICLE 46. Family honor and rights, individual Individual lives and private property, as well as religious convic-rights tions and liberty, must be respected. Private property cannot be confiscated. ARTICLE 47. Pillage is absolutely prohibited. respected. Pillage prohibited. ARTICLE 48. If, in the territory occupied, the Taxation. occupant collects the taxes, dues, and tolls imposed for the benefit of the State, he shall do it, as far as possible, in accordance with the rules in existence, and the assessment in force, and will in consequence be bound to defray the expenses of the administration of the occupied territory on the same scale as that by which the legitimate Government was bound. ARTICLE 49. If, besides the taxes mentioned in Contributions. the preceding Article, the occupant levies other money taxes in the occupied territory, this can only be for military necessities or the administration of such territory. individual ARTICLE 50. No general penalty, pecuniary or No general otherwise, can be inflicted on the population on penalty for account of the acts of individuals, for which it can- acts. not be regarded as collectively responsible. taxes. ARTICLE 51. No tax shall be collected except Collection of under a written order and on the responsibility of a Commander-in-Chief. This collection shall only take Chapter IV place, as far as possible, in accordance with the rules in existence and the assessment of taxes in force. For every payment a receipt shall be given to the taxpayer. Requisitions. Taking of property. Landing con nections of ARTICLE 52. Neither requisitions in kind, nor services can be demanded from communes or inhabitants, except for the necessities of the army of occupation. They must 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 military operations against their country. These requisitions and services shall only be demanded on the authority of the Commander in the locality occupied. The contributions in kind shall, as far as possible, be paid for in ready money, if not, their receipt shall be acknowledged. ARTICLE 53. An army of occupation can only take possession of the cash, funds, and property liable to requisition belonging strictly to the State, depots of arms, means of transport, stores, and supplies, and, generally, all movable property of the State which may be used for military operations. Railway plant, telegraphs, telephones, steamers, and other ships, apart from cases governed by maritime law, as well as depots of arms and, generally, all kinds of war material, even though belonging to Companies or to private persons, are likewise material which may serve for military operations, but they must be restored at the conclusion of peace, and indemnities paid for them. M. de Bille of Denmark proposed to add to the submarine second paragraph of this Article a provision protect cables. ing the landing connections of submarine cables Chapter IV within the maritime territorial limits of the respective States. The Government of Denmark had made a similar proposition in the Conference of Brussels of 1874. The Danish delegate declared that he would have preferred to extend the protection of this Article to all submarine cables in their full extent, but for practical reasons he confined his proposition upon this occasion to the protection of the landing connections within the limit of one league from the shore, hoping that the immense importance of the subject of protecting all submarine cables would cause it to be referred to a future conference. Lord Pauncefote, on behalf of Great Britain, declared that his Government could not consider this subject as falling properly within the jurisdiction of a Committee having charge of the rules of war on land; and the Danish delegate, under these circumstances, withdrew his proposition. ARTICLE 54. The plant of railways coming from Railway neutral States, whether the property of those States, plants. or of Companies, or of private persons, shall be sent back to them as soon as possible. State. ARTICLE 55. The occupying State shall only be Trusteeship regarded as administrator and usufructuary of the of occupying public buildings, real property, forests, and agricultural works belonging to the hostile State, and situated in the occupied country. It must protect the capital of these properties, and administer it according to the rules of trusteeship. Chapter IV No damage ARTICLE 56. The property of the municipalities, that of religious, charitable, and educational institupermitted to tions, and those of arts and science, even when State property, shall be treated as private property. certain property. All seizure, destruction, or intentional damage done to such institutions, to historical monuments, works of art or science, is prohibited, and should be made the subject of civil and criminal proceedings. Duty of belligerent SECTION IV. ON THE DETENTION OF BELLIGERENTS AND ARTICLE 57. A neutral State which receives in neutrals as to its territory troops belonging to the belligerent armies shall detain them, if possible, at some distance from the theatre of war. troops. Their detention. Supplies. Passage of wounded or neutral It can keep them in camps, and even confine them in fortresses or localities assigned for this purpose. It shall decide whether officers may be left at liberty, on giving their parole that they will not leave the neutral territory without authorization. ARTICLE 58. Failing a special Convention, the neutral State shall supply the detained with food, clothing, and relief required by humanity. At the conclusion of peace, the expenses caused by the detention shall be repaid. ARTICLE 59. A neutral State may authorize the sick belliger passage, through its territory, of wounded or sick ents through belonging to the belligerent armies, on condition. that the trains bringing them shall carry neither combatants nor war material. In such a case, the neutral State is bound to adopt such measures of safety and control as may be necessary for the territory. purpose. Wounded and sick brought under these conditions Chapter IV into neutral territory by one of the belligerents, and belonging to the hostile party, must be guarded by the neutral State so as to insure their not taking part again in the military operations. 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 Application of sick and wounded detained in neutral territory. Geneva Convention. the treaties. Upon the general value of the two treaties set forth The value of in this chapter, the judgment of two of the most eminent international lawyers of the Conference, may be quoted. Zorn's Professor Zorn1 declares the treaty on the exten- Professor sion of the Geneva rules to naval warfare to be "a opinion. work which can and will receive the grateful approbation of all civilized States," and he considers the treaty on the laws of war to deserve equal commendation. "This work alone," he continues, "would suffice to give the lie to the ignorant and frivolous critics who endeavor to characterize the labors of The Hague with the words 'threshing out Russian straw.'" Professor de Martens of Russia, in an article in the Professor de North American Review, for November, 1899, says: -opinion. "The treaty on the laws and customs of war will certainly be as notable as the treaty on arbitration. By reason of this treaty the peaceful and unarmed inhabitants of the territory of belligerents will have 1 Deutsche Rundschau, January, 1900, p. 136. Martens' M |