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War Rights.
ОглавлениеWhat are the rights of nations in a state of war? There are first of all the unwritten laws of nations and humanity which need, or should need, no defining amongst civilized peoples. There are also the definite and specific Acts laid down at The Hague Convention, which it was declared by the signatories would not be legitimate in war between civilized nations. Germany was a signatory to The Hague Convention. At this Convention the Powers limited the rights of belligerents in the means to be adopted of injuring the enemy. Here are some of them:—
By Article XXIII. it was especially forbidden:—
“To kill or wound treacherously individuals belonging to the hostile nation or army.
“To kill or wound an enemy who, having laid down his arms, or having no longer means of defence, has surrendered at discretion.
“To declare that no quarter will be given.
“To employ arms, projectiles, or material calculated to cause unnecessary suffering.
“To make improper use of a flag of truce, of the national flag, or of the military insignia and uniform of the enemy, as well as the distinctive badges of the Geneva Convention.
“To destroy or seize the enemy’s property, unless such destruction or seizure be imperatively demanded by the necessities of war.”
The law of civilized warfare was further made plain as follows:—
Article XXV.: “The attack or bombardment, by whatever means, of towns, villages, dwellings, or buildings which are undefended, is prohibited.”
Article XXVI.: “The officer in command of an attacking force must, before commencing a bombardment, except in cases of assault, do all in his power to warn the authority.”
Article XXVII.: “In sieges and bombardments all necessary steps must be taken to spare as far as possible buildings dedicated to religion, art, science, or charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected, provided they are not being used at the time for military purposes. It is the duty of the besieged to indicate the presence of such buildings or places by distinctive and visible signs which shall be notified to the enemy beforehand.”
In other further Articles it was laid down that a belligerent is forbidden to force the inhabitants of territory occupied by him to furnish information about the army of the other belligerent, or about its means of defence. It was forbidden to confiscate private property, and also laid down that family honour and rights, the lives of persons, and private property, as well as religious convictions and practice, must be respected. Pillage was forbidden, and prisoners must be humanely treated.