Laws of War

These rules and others not mentioned in detail were not always properly observed by some of the belligerent powers in the Great War. An improved code of rules was drafted by the International Law Association and adopted at their 1921 Conference held at The Hague. It is understood that these rules have met with the approval of the authorities in the United Kingdom and elsewhere.

Journalists.

A provision in the original Hague Regu lations assimilates individuals who, following an army without directly belonging to it, such as newspaper correspondents and reporters, sutlers, contractors, fall into the enemy's hands, to prisoners of war, provided they can produce a certificate from the military authorities of the army they were accompanying.

A new departure was made in 1907 by clauses providing for the institution of a bureau for information relative to prisoners of war. This institution was of great value during the World War. It is the duty of the bureau 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 interested. Letters, money orders and valuables, as well as postal parcels destined for the prisoners of war or despatched by them, are to be free of all postal duties both in the countries of origin and destination, as well as in those they pass through. Gifts and relief in kind for prisoners of war are to be admitted free of all duties of entry, as well as of payments for carriage by the government railways.

Relief Societies and Sick and Wounded.

Furthermore, re lief societies for prisoners of war, regularly constituted with the object of charity, are to receive every facility, within the bounds of military requirements and administrative regulations, for the effective accomplishment of their task. Delegates of these so cieties are to be admitted to the places of internment for the dis tribution of relief, as also to the halting-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."

The obligations of belligerents with regard to sick and wounded in war on land are governed by the Geneva Convention of July 6, 1906. By this Convention ambulances and military hospitals, their medical and administrative staff and chaplains are "respected and protected under all circumstances," and the use of a uniform flag and arm-badge bearing a red cross are required as a dis tinguishing mark of their character. A Convention, accepted at the Peace Conference of 1899, governs the treatment of hospital ships, making them inviolable as well as the religious, medical or hospital staff of any captured ship.

Spies.

A spy is one who, acting clandestinely, or on false pre tences, obtains, or seeks to obtain, information in the zone of operations of a belligerent, with the intention of communicating it to the hostile party (the Hague War-Regulations, Art. 29). Thus, soldiers not in disguise who have penetrated into the zone of operations of a hostile army to obtain information are not con sidered 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 (ib .) . A spy taken in the act cannot be punished without previous trial, and a spy who, after rejoining the army to which he belongs, is subsequently captured by the enemy, is a prisoner of war, and not punishable for his previous acts of espionage.

Injuring the Enemy.

The following prohibitions are also placed by the Hague Regulations on the means of injuring the enemy : To employ poison or poisoned arms.

To kill or wound treacherously individuals belonging to the hostile nation or army.

To kill or wound an enemy who, having laid down arms or hav ing no longer means of defence, has surrendered at discretion.

To declare that no quarter will be given.

To employ arms, projectiles or material of a nature to cause superfluous injury.