INTERNATIONAL LAW 



3020 



INTERNATIONAL LAW 



the chief rights of a sovereign state are inde- 

 pendence, equality with other states, deter- 

 mination of its own form of government, 

 absolute and exclusive jurisdiction over its 

 own territory and over its own resident citi- 

 zens. One of the chief rights of sovereign 

 states is the freedom of navigation on the 

 high seas, which means that the high seas are 

 free to the merchant and war vessels of all 

 states. The sea which washes the coast of a 

 state is, to the extent of three miles from 

 shore, considered to be a part of the territory 

 of that state. This forms what is known as 

 the territorial waters. 



Among the duties of a sovereign state are 

 respect for the rights of other states; the 

 maintenance of an orderly and efficient gov- 

 ernment; good faith in its dealings with other 

 states and compliance with the generally ac- 

 cepted rules of international law. One of the 

 oldest canons of international law is that relat- 

 ing to ambassadors and other representatives 

 sent by one state to another. The persons of 

 such representatives are held sacred and invio- 

 lable, and the same applies to their official 

 residence and offices. Their families, official 

 suite and their property also enjoy special 

 privileges. 



International Law in War. War profoundly 

 modifies and changes the usual relations be- 

 tween the nations. The contending parties in 

 war are known as belligerents, and other states 

 are known as neutrals. Treaties existing be- 

 tween belligerents are usually abrogated or 

 suspended during war, except as regards articles 

 concerning the conduct of war. The possible 

 areas over which operations are permissible are 

 the territories of the belligerent states and the 

 high seas. 



War on Land. We give below some of the 

 rules framed by the various international con- 

 ferences for the conduct of warfare on land 

 between civilized nations. Belligerents are for- 

 bidden to use poison or poison weapons; to 

 kill or wound through treachery or after an 

 enemy has laid down his arms and surren- 

 dered ; to declare that no quarter will be given ; 

 to employ weapons, projectiles or substances 

 of such a nature as to cause unnecessary pain; 

 to make improper use of the flag of truce, 

 national flag or the badge of the Red Cross 

 (which see) ; to seize or destroy enemy's prop- 

 erty except when actually necessary; to bom- 

 bard undefended towns; to give up a city or 

 place to pillage, sack or plunder, even if taken 

 by assault; to bombard buildings devoted to 



the care of the sick or wounded, religious wor- 

 ship, art, science, charity and historical build- 

 ings and monuments, provided they are not 

 used for military purposes. 



Enemy's troops which surrender or are cap- 

 tured are prisoners of war. Prisoners of war 

 must be treated humanely and must be given 

 as good food, beds and clothing as are given 

 the troops of the captor. The cost of keeping 

 prisoners is to be repaid by their governments 

 at the end of the war. Sick and wounded are 

 to be cared for in accordance with the rules 

 of the Geneva Convention. 



In time of war there is occasionally inter- 

 course between the belligerents, which should 

 be held sacred. Such intercourse includes the 

 interchange of prisoners, the temporary sus- 

 pension of hostilities, the passage of flags of 

 truce and the engaging in treaties of capitula- 

 tion. 



A war is terminated either by treaty or con- 

 quest. The latter must be complete before 

 it is regarded as effective, and it must be 

 accomplished by a proclamation of annexa- 

 tion, if territory is retained. After a conquest 

 the conqueror succeeds to all the liabilities of 

 the conquered. 



War at Sea. The area in which naval 

 operations may take place comprises the high 

 seas and the territorial waters of the belliger- 

 ents. The objects sought in naval warfare 

 are the capture and destruction of the naval 

 and military forces of the enemy, and of his 

 sea-borne trade; and also the protection of 

 the nautical territory and its sea-borne trade. 



Below are given some of the rules which 

 belligerents must observe in the prosecution 

 of naval warfare. Most of them are found in 

 the Declaration of London in 1909. Enemy 

 warships may be captured outside of neutral 

 waters, and the vessel is a prize of war, no 

 prize court proceedings being necessary. Ves- 

 sels owned by citizens of belligerent states are 

 subject to capture as enemy property. Enemy's 

 goods on an enemy's vessel are also subject 

 to capture, but not enemy's goods on a neutral 

 vessel. The United States has always striven 

 to make it a rule of international law that 

 private property not contraband of war (which 

 see) be exempt from capture, but that rule 

 has not been adopted. After a merchant ves- 

 sel has been captured it must be brought be- 

 fore a prize court to determine whether it 

 ought to be rightfully captured and con- 

 demned. Belligerent vessels of war have the 

 right to visit and search all private vessels, 



