The Conventions Concerning the Laws and Customs of War on Land (1899-1907) define the law upon the following subjects : Qualifications of Belligerents. The laws, rights and duties of war apply not only to the army of a belligerent, but also to militia and corps of volunteers, provided certain conditions be fulfilled by the latter. Like wise the population of a territory who, with out organization, rise up against an invader, have the rights of belligerents if they res pect the laws and customs of war.
Prisoners of War (q. v.).
The Sick and Wounded. See Geneva Con vention below.
Hostilities. Under this head restrictions are laid down as to the means which may be employed to injure the enemy, and the conditions are stated under which seizures and bombardments may be undertaken.
Spies. See SPY.
Flags of Truce (q. v.).
Capitulations. The obligation to observe them scrupulously is affirmed.
Armistices. See ARMISTICE ; TRUCE.
Military Authority over the Territory of the Hostile State. See MILITARY OCCUPATION.
The Convention Relative to the Status of Enemy Merchant-Ships at the Outbreak of Hostilities (1907) provides that merchant ships in the ports of a belligerent at the com mencement of hostilities should be allowed to depart freely with a passport to their port of destination.. Moreover, enemy merchant ships, which have left their last port of de parture in ignorance of the commencement of hostilities, cannot be confiscated. In both cases enemy cargo is given the same rights as enemy ships.
The Convention Relative to the Conver sion of Merchant-Ships into Warships (1907) defines the conditions subject to which such conversion may take place in time of war.
See PRIVATEER.
The Convention Relative to the Laying of Automatic Submarine Contact Mines (1907), while not forbidding their employment, res tricts it by forbidding the laying of unan chored mines, and of anchored mines which do not become harmless as soon as they have broken loose from'their moorings. Moreover, it is forbidden to lay automatic contact mines off the coasts of the enemy with the sole ob ject of intercepting commercial navigation. Other rules are laid down to insure the safe ty of merchant-ships, for the destruction of which the mines are not intended.
The Convention Respecting Bombardment by Naval Forces in Time of War (1907) lays down rules safeguarding the rights of non combatant inhabitants and public buildings not used in the defense of the city. It is for bidden to bombard undefended ports or towns unless the latter refuse to comply with req uisitions for supplies for the immediate use of the naval forces, and then only after due notice has been given. But bombardment for
non-payment of money contributions- is for bidden. Buildings devoted to public worship, art, science, or charitable purposes, historic monuments, and hospitals must be spared as far as possible.
The Conventions for the Adaptation of the Principles of the Geneva Convention to Mari time War (1899 and 1907) lay down rules pro viding for the protection from hostilities of military hospital ships, together with their religious and medical staff, provided such ships are not used for military purposes and keep aloof from the combat.
The Convention Relative to Certain Res trictions on the Exercise of the Right of Cap ture in Maritime War (1907) provides that the postal correspondence of neutrals or bel ligerents found on board a neutral or enemy ship at sea is inviolable; an exception, how ever, is made in case of violation of blockade. Vessels employed in coast fisheries are ex empt from capture provided they take no part in hostilities. See The Habana, 175 U. S. 677, 20 Sup. Ct. 290, 44 L. Ed. 320. The officers and crew of captured merchant ships, if neutral citizens, are not to be made prisoners of war, and if enemy citizens, are to be released upon written promise not to engage in the operations of war.
The Convention Relative to the Establish ment of an International Prize Court (1907).
See PRIZE COURT.
The following declarations were also adopted : Declaration Prohibiting the Discharge of Projectiles and Explosives from Balloons (1899 and 1907). The term of the declaration of 1907 expires at the close of the third Peace Conference.
The Declaration Ratifying the Declaration of St. Petersburg of 1868 (1899) is an agree ment to abstain from the use of projectiles the sole object of which is the defusion of asphyxiating or deleterious gases.
The Declaration Prohibiting the Use of Bullets with a Hard Envelope (1899) is in accordance with the Declaration of St. Petersburg of 1868.
See AMBUSH; APPROACH; ARMED; ARMI STICE; BELLIGERENCY; BLOCKADE; BOOTY; CAPTURE; CARTELS; COMMERCIA BELLI; CON-1 DEMNATION; CONFISCATION; CONQUEST; CON TRABAND; DECLARATION OF WAR; ENEMY; FLAG OF TRUCE; GUERRILLA ,TROOPS; MANI FESTO; MEDIATION; MILITARY OCCUPATION; NEUTRALITY; PA R'OLE ; PARTIES; PEACE; POST LIMINIUM; PRISONER OF WAR; PRIVATEER; PRIZE; PRIZE COURT; PUBLIC ENEMY; TER; RANSOM; RECAPTURE; REPRISAL; RES CUE; RETORSION; SAFE-CONDUCT; SAFEGUARD; SEARCH; SHIPS OF WAR; SPY; TREATY OF PEACE; TRUCE; Uri PoRSinmB; VISIT; WEAPONS.