ART. 13. In case the war correspondent is guilty of violation of the criminal law, military criminal law, law for the preservation of military secrets, etc., he may be adjudged and punished by the court-martial according to the military penal code.

ART. 14. Article 6 to 13 are applicable to interpreters and servants. (Daily Consular Reports, 1904, No. 1912, p. 2.)

Naval regulations.-The regulations particularly applying to naval war correspondents are:

REGULATIONS GOVERNING NAVAL WAR CORRESPONDENTS.

ARTICLE 1. A newspaper war correspondent desirous to accompany the navy shall make application to the naval staff, imperial headquarters, for permission.

ART. 2. A newspaper war correspondent shall obey all orders of the commanding officer of the fleet which he accompanies.

ART. 3. No communications concerning war shall be sent until after they have been examined by officers nominated for the purpose by the commanding officer of the fleet which he accompanies.

ART. 4. The commanding officer of the fleet may cancel the permission granted to a newspaper war correspondent.

ART. 5 Necessary regulations concerning the treatment of a newspaper war correspondent shall be fixed by the commanding officer of the fleet.

ART. 6. A newspaper war correspondent shall wear European dress and put on a low round-shaped cap, with a visor, and attach on his left arm a strip of white woolen cloth 1 sun (1.193 inches) wide, with the characters * * * (paper correspondent) on it.

ART. 7. A newspaper correspondent shall always carry his permit, mentioned in article 1, with him, and shall show it when asked by army or navy authorities. (Daily Consular Reports, 1904, No. 1912, p. 4.)

Effect of Japanese rules.-The effective control of the news relating to military movements during the RussoJapanese war by the Japanese authorities fully justifies the rules enunciated by Japan. It is doubtless true that some of the correspondents have found it hard not to be upon the field of operations, but war is not undertaken for the sake of gratifying the curiosity of the public which reads the accounts of battles and military movements. Provided the correspondents have had fair treatment, there is no reason for complaint. The state must determine the general policy in regard to war correspondents, and the commanding officer in a given region must determine the particular application of this policy. Russian regulations.-The following, according to the

SCOPE OF NECESSARY REGULATIONS.

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Agence télégraphique russe, are the regulations for the conduct of foreign correspondents allowed within the field of operations:

Les étrangers doivent produire une recommandation de leur gouvernement auprès du ministère russe des affaires étrangères. Chaque correspondant doit s'engager, par écrit, à ne propager aucune nouvelle contenant des critiques, des dispositions ou des personnes, à représenter les faits conformément à la vérité et à supprimer les nouvelles qui ne peuvent se contrôler. La violation de ces dispositions, les indiscrétions, le manque de tact entraînent des observations, et, suivant les cas, l'éloignement du théâtre de la guerre. Pour tous les correspondants sans exception, l'entrée de l'amirauté, les docks et autres installations de la marine, ainsi que l'emploi de vapeurs sur les rades de Port Arthur et de Vladivostock, sont interdits. Les correspondants doivent s'engager à ne pas demander d'exceptions à ces dispositions. A leur arrivée sur le théâtre des opérations, ils doivent se rendre au quartier général et prouver leur identité par une photographie; l'état-major général les dirige alors sur l'état-major dont ils dépendent. Ils sont responsables de leurs domestiques. Comme insigne, ils doivent porter un brassard au bras gauche. Les dépêches chiffrées sont interdites. La censure des informations a lieu au quartier général, auprès de l'état-major de l'arm ́e de Mandchourie, et à l'administration militaire de Kharbin, Niou-Chouang, Port Arthur et Vladivostock. (Quoted in Revue de Droit International, VI, p. 448.)

General scope of necessary regulations. These rules should be such as

1. To place the correspondents under the control of the naval commander.

2. To place the control of the news sent in the hands of commander.

3. To enable the commander to prohibit absolutely the sending of any information from the field of operations.

4. To place the agencies by which news are sent under control of the commander.

5. To enable the commander to inflict penalties for violations of any regulations he may make.

The commander should therefore control the correspondents themselves, determine the news to be sent, or prohibit communications entirely, control the means of sending by the establishment of proper regulations and penalties.

Conclusion. From these conclusions it is manifest that correspondents must obtain a quasi-official standing,

and in order that control may be effective, that the agencies by which communication is had shall also be official to the extent of being under absolute military control.

Private, unresponsible persons or agencies would therefore be forbidden within the field of operations or the strategic area.

NOTE. Since the above was printed, and too late for further reference, an article by Professor T. S. Woolsey supporting many of the positions herein taken has appeared in the Yale Law Journal for March, 1905, p. 247.

SITUATION VIII.

During the war between the United States and State X, two war vessels of State X are lying in the harbor of neutral State Y. These vessels go out of the harbor, beyond the jurisdiction of State Y, are damaged severely by war vessels of the United States, and return to the harbor of State Y, where they are abandoned and sink. The crews of these vessels are succored and received on board of neutral war vessels belonging to States A, B, and C, which are within the port. The United States commander claims these crews as prisoners of war.

(a) Is the claim justifiable?

(b) What disposition should be made of the crews if the commanders claim is not allowed?

SOLUTION.

(a) The claim of the United States commander that the crews are prisoners of war is not justifiable. The crews had at no time been within the power of the United States commander.

(b) The crews should be interned or otherwise disposed so that they may not again take part in the war.

NOTES ON SITUATION VIII.

(a) The United States war vessels damage two vessels of State X in battle on the high seas. These vessels seek refuge in the neutral port of State Y. There the vessels are abandoned and sink. The crews of the abandoned vessels are received upon neutral war vessels of other States than Y, which vessels chance to be in the port. The United States commander then claims the crews of the vessels as prisoners of war.

The first question which naturally arises is as to the status of the crews of the abandoned vessels of State X. Prisoners of war.-Are they prisoners of war? The definition of the term prisoner of war is fairly uniform.

According to the Instructions for the Government of Armies of the United States in the Field (General Orders, No. 100), article 49

A prisoner of war is a public enemy armed or attached to the hostile army for active aid, who has fallen into the hands of the captor, either fighting or wounded, on the field, or in the hospital, by individual surrender, or by capitulation.

All soldiers of whatever species of arms; all men who belong to the rising en masse of the hostile country; all those who are attached to the army for its efficiency and promote directly the object of war, except such as are hereinafter provided for; all disabled men or officers on the field or elsewhere, if captured; all enemies who have thrown away their arms and ask for quarter, are prisoners of war, and as such exposed to the inconveniences as well as entitled to the privileges of a prisoner of war.

The Brussels Convention of 1874, article 23, says:

Prisoners of war are lawful and disarmed enemies. They are in the power of the enemy's Government, but not of the individuals or of the corps who made them prisoners.

They should be treated with humanity.

Every act of insubordination authorizes the necessary measures of severity to be taken with regard to them.

All their personal effects, except their arms, are considered to be their own property.

According to the Oxford Manual of the Laws of War on Land, 1880:

ART. 21. Persons forming part of the armed forces of belligerents, on falling into the power of the enemy, must be treated as prisoners of war, conformably to article 61, and those following it.

This rule applies to messengers openly carrying official dispatches, and to civil aëronauts employed to observe the enemy or to keep up communication between different parts of the army or territory.

The Hague Convention, 1899, provides that

ART. 3. The armed forces of the belligerent parties may consist of combatants and noncombatants. In case of capture by the enemy both have a right to be treated as prisoners of war.

Reasons why crews are not prisoners of war.—It will be seen from the Situation under discussion that the provisions requisite for the making of the crews prisoners of war had not been met in the case of the crews of the vessels of State X.

The single ground of failure to capture therefore would be sufficient to vitiate the claim of the commander.