CONFERENCE. these appropriate headings it will be seen that the medical corps service on land has been neutralized; that the 1)111161)1es of the Geneva Convention establishing the immunity of hospital :Ind medical corps on land have been extended to hospital ships on sea; and that the restrictions in the ease of deadly weapons and ex plosives formulated in the Declaration of Saint Petersburg have been further extended by the humanitarian spirit pervading the Hague Con ference.
The outbreak of war produces an immediate and widespread effect. In the first place, treaties of all kinds contemplating peaceful relations are suspended, while provisions in contemplation of war come into effect. Treaties intended to set up a permanent state of affairs, such as boundary-stipulations, revive on the close of war: but it seems to he generally admitted that corm mereial treaties are wiped out of existence by war and do not revive on its termination unless there he a particular clause to that effect in the treaty of peace. (See TREATIES.) Ambassadors and diplomatic agents are recalled or dismissed: and all trade ceases between the belligerents, as trailing would not only embarrass military or naval operations, hut would enable the enemy to carry on the war itself. War makes the eon tending nations enemies. and their respective sub jects o• citizens share this quality, as do alien residents for the purpose of war. The same quality infeets the products of enemy soil, as well as houses of trade. whether lrmeinol or branch.
A theory dating from Portalis would confine the enemy character to actual combatants. "War." he said in 1801, "is a relation of State to State. and not of individual to individual. Between two or more belligerent nations the pri vale persons of whom those nations are composed are only enemies by accident; they a re 110 s11 as men, they are not so as citizens, they lire so as There is indeed a dilferen•e be tween the combatant and non-combatant, due to the tact that the One is dangerous and must be disarmed, wounded, or killed if but should not be injured if he is incapable of doing harm. The nou•eoulbatant will be respected as long as he preserves his passive character; but the moment he becomes actually employed in the struggle he loses his claim to proteetion. Articles
21-25 of the histractions make the distinction as well as the clear % "1231 vate citizens are no longer murdered, enslaved, or carried oil' to distant parts, :Ind the individual is as little in his private re lations as the commander of the hostile troops van afford to grant in the overruling demands of a vigorous war. (211 The universal rule in remote times was, and continues to he with barbarous armies, that the private individ ual of the hostile country is destined to suffer every privation of liberty and protection. and every disruption of family ties. Protection was, and still is with uncivilized people. the exception. 1251 In modern regular wars of the Europeans, and their descendants in other portions of the globe, protection of the inoffensive citizen of the hostile (-wintry is the rule; privation and dis turbance of private relations are the exceptions.'' The combatant is armed, organized. uniformed, and acts under military 0111P1'111' commission, and may be killed in battle if necessary or taken prisoner if possible and held in captivity until ex changed, During such time Ile should be well treated and subjected to no indignity of any kind.
The question is often raised whether volunteer troops, raised on the spur of the moment, and acting without military commission or organiza tion should he entitled to the privileges of the regular soldiers. The Instructions answer this question in the negative, but the practice is sanctioned at present by the 'Hague Conference of 1899: and it may be said that the volunteer and auxiliary, as distinguished from regular navy, stands upon the same footing. If levies en muss(' are taken in arms, or if volunteer re captured on water. the captives in either ease would be entitled to be treated as prisoners of war. The in all eases, whether in the land or naval forees, and of either belligerent. are entitled under the Geneva Convention and the Hague Conference to hospital service and medical I reatinent.