L A W. 



629 



cUred to be unlawful Such are, among secret means, 

 poison, assassination, &c. but not different sorts of 

 stratagems. Among open means, certain arms the use 

 of which is too cruel, and which the object of the war 

 does not render absolutely necessary. 



4. From the moment we are at war, ail those who be- 

 long to the hostile state become our enemies, and we 

 have a right to act against them as such ; but our right 

 to wound or kill being founded on self defence, or on 

 the resistance opposed to us, we can with justice 

 wound or take the life of none except those who take 

 an active part in the war. So that, frit, Children, old 

 men, women, and in general all those who cannot car- 

 ry arms, are safe under the protection of the law of na- 

 tion*, unless they have exercised violence against the 

 enemy. Secoid, Retainers to the army, whose profes- 

 sion is not to kill, or directly injure the enemy, such 

 a* chaplains, surgeons, &c. ought not to be killed or 

 wounded deliberately. Third, Soldiers, on the con- 

 trary, being looked upon as ever ready for defence or 

 attack, may at any time be wounded or killed ; unless 

 when it is manifest that they have not the will or have 

 lost the power to resist. When that is the case, when 

 * na*il, surrounded, or when they lay down their 

 arms and ask for quarter ; in short, from the moment 

 they are reduced to a state in which it is impossible 

 for them to exercise further violence against the con- 

 queror, he is obliged by the laws of war to spare their 

 lives ; except, however,^/-*/, When sparing their lives 

 would be inconsistent with his own safety ; second, 

 In esses where he has a right to exercise the talio, or to 

 make reprisals ; third, When the crime committed by 

 those who fall into his hands justifies the taking of 

 their live*. 



It is always justifiable to make the vanquished sol- 

 i of war, and even those who are not of 



dieM prisoners a 



the military pro< 



5. When the 



i conqueror receives the conquered as 

 prisoners of war, ail violence between them is un- 

 derstood to have ceased. The ancient custom of mak- 

 ing slaves of the conquered is no longer practised 

 by the powers of Europe, except by way of retaliation 

 toward* barbarians. Christian powers generally keep 

 praonef* of war under a guard till they are ransomed 

 or exchanged by cartel, or till the re-cstablMiment of 

 peace. Officers are often released on their parole of 

 honour, by which they promise not to serve against the 

 power who rrlta*** then, for a certain time, or during 

 the war ; and to appear at an appointed place as often 

 as they shall be duly summoned. Those who, regard- 

 las* of their parole, take up arm* while the convention 

 is observed on the other side, are looked upon as infa- 

 MNM ; and if they again fall into the hands of the 

 May to whom they have given their parole, he is 

 not by the laws of war obliged to give them quarter. 

 fi. The conqueror hat, strictly speak.ng, a ri^ht to 



~* ' srs of war of all the subjects of the ho- tile 



ly fall into his power, though they may have 

 no violence (gainst him ; and of course he 

 ha* a right to remove them to another country. But in 

 aodern usage, the conqueror generally carries his rights 

 in this respect no further than to submit uch subjects 

 to bi domination, to make them swear fealty to him, 

 to exercise certain rights of sovereignty over them, 

 I a* raising and quartering troops among them, 

 Mf them pay taxes, obey his laws, &c. nnd punish- 

 in*; a* rebel* those who attempt to betray him or shake 

 f hi* yoke. 



The mieation with which a country or province is 



taken possession of, generally determines the conqueror 

 in the alterations he makes in the form of govern- 

 ment, if he makes any at all. It is clear that the con- 

 queror is not obliged to preserve the constitution of a 

 conquered country or province, nor to leave the sub- 

 jects in possession of the rights and privileges granted 

 them by their former sovereign, unless he has made 

 them a promise to that effect previously to their sub- 

 mission. 



7. The conqueror has a right to seize on all the pro- 

 perty of the enemy that comes within his power : it 

 matters not whether it be immoveable or moveable. 

 These seizures may be made, Jlrst, In order to obtain 

 what he demands as his due, or an equivalent ; second, 

 To defray the expences of the war ; third, To force the 

 enemy to an equitable peace ; fourth, To deter him, or, 

 by reducing his strength, hinder him from repeating 

 in future the injuries which have been the cause of the 

 war. And with this last object in view, a power at war 

 has a right to destroy the property and possessions of the 

 enomy for the express purpose of doing him mischief. 



The modern laws of war, however, do not permit the 

 destruction of any thing except, Jint, Sucli things as 

 the enemy cannot be deprived of by any other means 

 than those of destruction, and which it is at the same 

 time necessary to deprive him of; second, Such things 

 as after being taken cannot be kept, and which might 

 if not destroyed strengthen the enemy ; third, Such 

 things as cannot be preserved without injury to the mi. 

 litary operations ; to which we may add, fourth, What- 

 ever is destroyed by way of retaliation. 



8. It is in battles that the laws of war ought to be 

 adhered to with the most scrupulous exactness as well 

 with regard to the arms made use of as to the treat- 

 ment of the vanquished. 



Tlie victor, he who remains master of the field of 

 battle, ought to take care of the wounded and bury the 

 dead. It is against every principle of the laws of war 

 to refuse or neglect to do either. 



It is, however, sometimes a question, who is master 

 of the field ? and in such a case a truce is agreed on for 

 some days, during which period both sides bring in 

 their own wounded and bury their own dead. 



p. The taking of a fortress or fortified town is ef- 

 fected by surprise, by a blockade, or by a siege. In 

 the two last cases, the place surrenders by capitulation, 

 or is taken by assault after being summoned in vain. 



All the means necessary to the reduction of a fortress 

 re justified by the laws of war ; consequently there 

 are cases which may authorise the demolition or burn- 

 ing of the suburbs. But, except in cases of necessity, 

 it is now admitted that the besiegers ought to direct 

 their artillery against the fortifications only, and not 

 intentionally against the public edifices, or any other 

 buildings either within or without the ramparts. 



10. If a fortress or fortified town surrenders by ca- 

 pitulation, on that capitulation depends the fate of the 

 garrison, arms, warlike stores, and of the inhabitants 

 and their property. 



The terms of a capitulation depend entirely on cir- 

 cumstances ; they are usually more or less honourable 

 as the situation of the besieged is more or less favour- 

 able ; but if the place, after being duly summoned, re- 

 fuses to surrender and is taken by assault, those found 

 in it are obliged to submit to the discretien of the victor. 

 All that the garrison can expect is to have their lives 

 spared if they immediately lay down their arms. It is 

 however customary for the victor to forbid pillage on 

 such occasions. 



ofNaUons. 



Right of the 

 conqueror 

 over the 

 property of 

 the enemy. 



Of battles. 



Of a siege. 



Of the tak- 

 ing of a lor- 

 tri ks or for- 

 tified town. 



