(3) Those who tend the sick and wounded are entitled to special protection under the Geneva Convention. This is given to them on condition that they take no part in acts of hostility, and wear the badge of a red cross on a white ground. The resolutions of the Brussels Conference of 1874 are most valuable as embodying the best practices of the great military nations with regard to enemy persons; but they have not been formally adopted by States as obligatory upon belligerents. QUESTIONS. 1. How may neutral subjects acquire an enemy character, and enemy subjects a neutral character? 2. Give a brief sketch of the treatment to which enemy subjects found in a State at the outbreak of war have been subjected at various times. 3. Trace the gradual growth of humane usages with regard to combatants in war. 4. On what conditions are non-combatants exempt from personal molestation by a victorious enemy? HINTS AS TO READING. In Hall, Part III., Chapters II. and IV. and the first few pages of Chapter VI. should be read, and in Wheaton those portions of Part IV., Chapters I. and II., which bear upon the subjects we have been considering. Dana's notes to this part of his edition of Wheaton should be studied by those who have access to them. In Book IV., Chapters VII. and VIII., of Manning will be found an historical treatment of the rights given by war over enemy persons. Chapters XX. and XXXIII. of Halleck may be referred to with advantage. CHAPTER III. THE LAW OF WAR WITH REGARD TO ENEMY A. The Acquisition by Property of Enemy In discussing the means whereby the enemy character is impressed upon property it is impossible to separate property on land from property at sea. We are, therefore, compelled to consider both together under this head: but the rest of the Chapter will deal with the former only. International Law regards as enemy property (1) All property belonging to the enemy State. Sometimes it is difficult to tell whether a given place is under neutral or belligerent sovereignty. In such cases the character of the property found within it, or issuing from it, must be determined by the use to which the place is put, and the character of the power exercising permanent military control within it. B. Enemy Property found within a State at the Outbreak of War. This may be divided into property of the enemy State and property of private individuals. In the rare cases in which any of the former is found in the territory of an enemy at the commencement of a war it will be confiscated, unless perhaps it happens to consist of books or works of art. Private property must be considered under the heads of (1) Real Property. The earliest practice was to confiscate it. The next step was to appropriate the revenues only. In modern times there has been no interference with it. (2) Ordinary Personal Property. This was confiscated till quite modern times, but in recent wars it has been left untouched. Many States have entered into treaties forbidding its confiscation. In the absence of special agreement the doctrine of the British and American Courts that war renders such property confiscable, but does not ipso facto confiscate it, is probably correct. (3) Debts. These must be divided into (a) Debts due from a belligerent State to subjects of the enemy. The famous Silesian Loan Controversy abundantly proved that International Law protected such property from confiscation. (b) Debts due from subjects of one belligerent to subjects of the other. These are on the same footing as other private property. The attempt made by England in 1807 to enforce the doctrine that they were unconfiscable met with little favour. They have not, however, been confiscated in recent times. They cannot be collected during the war; but the right to demand them revives as soon as peace is concluded. C. Booty. Movables taken from the enemy as spoil in the course of warlike operations on land are called Booty. International Law gives spoil of war to the captor's State; but the laws of all civilised countries provide that the whole or a part of the captured goods shall be made over to the captors. Generally booty is sold, and the proceeds divided among all concerned in the capture according to a plan drawn up by the authorities of the captors' State. If it is recaptured before it has been for twenty-four hours in the possession of the captors, or before they have brought it within their lines, it reverts to the original owners, and does not belong to the recaptors. D. Belligerent Occupation and the Rights over Property gained thereby. Till comparatively modern times no distinction was drawn between Occupation and completed Conquest, and the customs of warfare with regard to the appropriation and destruction of property by an invader were most severe. But from the end of the seventeenth and the beginning of the eighteenth century we may date a decided improvement. The rights of an occupying invader have been sharply distinguished from the full rights of sovereignty gained by Conquest. But inasmuch as they are still great, an invader is apt to regard a district as occupied on very slight grounds. The Brussels Conference of 1874 attempted to reduce the claims of an invading army to reasonable proportions by explaining the nature of Occupation in the following words: A territory is considered as occupied when it is actually placed under the authority of the hostile army. The occupation only extends to those territories where this authority is established, and can be exercised. Thus in order that an invader may lawfully exercise the rights of belligerent occupation in any district, he must have it in his firm possession. Occupation has most important legal consequences with regard to property. With certain exceptions movables belonging to the invaded State may be appropriated and alienated; but immovables may not be alienated, |