International Law Part 48

+Chapter VII.+ _Of Non-combatants and Wounded_

+Art. 35.+ The duties of belligerents, with regard to the treatment of sick and wounded, are regulated by the Convention of Geneva of the 22d August, 1864, subject to the modifications which may be introduced into that Convention.

SECTION II

+Of the Rights of Belligerents with Reference to Private Individuals+

+Chapter I.+ _Of the Military Power with respect to Private Individuals_

+Art. 36.+ The population of an occupied territory cannot be compelled to take part in military operations against their own country.

+Art. 37.+ The population of occupied territories cannot be compelled to swear allegiance to the enemy's power.

+Art. 38.+ The honor and rights of the family, the life and property of individuals, as well as their religious convictions and the exercise of their religion, should be respected.

+Art. 39.+ Pillage is expressly forbidden.

+Chapter II.+ _Of Requisitions and Contributions_

+Art. 40.+ As private property should be respected, the enemy will demand from parishes or the inhabitants, only such payments and services as are connected with the necessities of war generally acknowledged in proportion to the resources of the country, and which do not imply, with regard to the inhabitants, the obligation of taking part in the operations of war against their own country.

+Art. 41.+ The enemy, in levying contributions, whether as equivalent for taxes (see Art. 5), or for payments which should be made in kind, or as fines, will proceed, as far as possible, according to the rules of the distribution and a.s.sessment of the taxes in force in the occupied territory.

The civil authorities of the legal Government will afford their a.s.sistance, if they have remained in office.

Contributions can be imposed only on the order and on the responsibility of the General in chief, or of the superior civil authority established by the enemy in the occupied territory.

For every contribution a receipt shall be given to the person furnis.h.i.+ng it.

+Art. 42.+ Requisitions shall be made only by the authority of the commandant of the locality occupied.

For every requisition an indemnity shall be granted, or a receipt given.

SECTION III

+Of Relations between Belligerents+

+Chapter I.+ _Of Modes of Communication and Envoys_

+Art. 43.+ An individual authorized by one of the belligerents to confer with the other, on presenting himself with a white flag, accompanied by a trumpeter (bugler or drummer), or also by a flag-bearer, shall be recognized as the bearer of a flag of truce. He, as well as the trumpeter (bugler or drummer), and the flag-bearer, who accompanies him, shall have the right of inviolability.

+Art. 44.+ The commander, to whom a bearer of a flag of truce is dispatched, is not obliged to receive him under all circ.u.mstances and conditions.

It is lawful for him to take all measures necessary for preventing the bearer of the flag of truce taking advantage of his stay within the radius of the enemy's position, to the prejudice of the latter; and if the bearer of the flag of truce is found guilty of such a breach of confidence, he has the right to detain him temporarily.

He may equally declare beforehand that he will not receive bearers of flags of truce during a certain period. Envoys presenting themselves after such a notification from the side to which it has been given, forfeit their right of inviolability.

+Art. 45.+ The bearer of a flag of truce forfeits his right of inviolability, if it be proved in a positive and irrefutable manner that he has taken advantage of his privileged position to incite to, or commit an act of treachery.

+Chapter II.+ _Of Capitulations_

+Art. 46.+ The conditions of capitulations shall be settled by the contracting parties.

These conditions should not be contrary to military honor.

When once settled by a convention they should be scrupulously observed by both sides.

+Chapter III.+ _Of Armistices_

+Art. 47.+ An armistice suspends warlike operations by a mutual agreement between the belligerents. Should the duration thereof not be fixed, the belligerents may resume operations at any moment, provided, however, that proper warning be given to the enemy, in accordance with the conditions of the armistice.

+Art. 48.+ An armistice may be general or local. The former suspends all warlike operations between the belligerents; the latter only those between certain portions of the belligerent armies, and within a fixed radius.

+Art. 49.+ An armistice should be notified officially and without delay to the competent authorities, and to the troops. Hostilities are suspended immediately after the notification.

+Art. 50.+ It rests with the contracting parties to define in the clauses of the armistice the relations which shall exist between the populations.

+Art. 51.+ The violation of the armistice by either of the parties gives to the other the right of terminating it.

+Art. 52.+ The violation of the clauses of an armistice by private individuals, on their own personal initiative, only affords the right of demanding the punishment of the guilty persons, and, if there is occasion for it, an indemnity for losses sustained.

+Chapter IV.+ _Of Belligerents interned, and of Wounded treated, in Neutral Territory_

+Art. 53.+ The neutral State receiving in its territory troops belonging to the belligerent armies, will intern them, so far as it may be possible, away from the theater of war.

They may be kept in camps, or even confined in fortresses, or in places appropriated to this purpose.

It will decide whether the officers may be released on giving their parole not to quit the neutral territory without authority.

+Art. 54.+ In default of a special agreement, the neutral State which receives the belligerent troops will furnish the interned with provisions, clothing, and such aid as humanity demands.

The expenses incurred by the internment will be made good at the conclusion of peace.

+Art. 55.+ The neutral State may authorize the transport across its territory of the wounded and sick belonging to the belligerent armies, provided that the trains which convey them do not carry either the _personnel_ or _materiel_ of war.

In this case the neutral State is bound to take the measures necessary for the safety and control of the operation.