INTERNMENT OF SICK, WOUNDED, AND SHIPWRECKED BELLIGERENTS LANDED AT NEUTRAL PORT-EXPENSES.

The shipwrecked, sick, or wounded, who are landed at a neutral port with the consent of the local authorities, must, unless an arrangement is made to the contrary between the. neutral State and the belligerent States, be guarded by the neutral State so as to prevent them again taking part in the operations of the war.

The expenses of tending them in hospital and interning them shall be borne by the State to which the shipwrecked, sick, or wounded persons belong.-Hague Convention X, 1907, Article 15.

The neutral State may require an indemnity from the belligerent whose lawfully interned forces or whose sick and wounded it has supported.

Institute, 1898, p. 155.

The shipwrecked, wounded, or sick, who are landed at a neutral port with the consent of the local authorities, shall, unless there exist an agreement to the contrary between the neutral State and the belligerent States, agree that they will not again take part in the operations of war.

The expenses of hospital care and of internment shall be borne by the State to which such shipwrecked, wounded, or sick belong.

U. S. Naval War Code, 1900, Article 29.

Article 15, Hague Convention X, 1907, is substantially identical with section 117, Austro-Hungarian Manual, 1913.

Contra to some extent.

June 19, 1905, the Russian ambassador at Washington inquired whether the hospital ship Kostroma, which had been ordered from Shanghai to Manila, would be allowed to take wounded or sick officers and sailors from Admiral Enquist's vessels back to Russia on their giving their paroles to take no further part in the war. A similar inquiry was received from Admiral Train. The matter was on June 20 brought to the attention of the Japanese legation, but on the next day, before its answer was received, the Kostroma arrived at Manila, and the President deemed it proper and humane to direct a compliance with the Russian request, upon the officers and men giving their parole, in accordance with the assurance given in the Russian ambassador's note. Meanwhile, the Japanese Govern

ment instructed its legation to state that it would not object to any disposition which the United States might see fit to make of the subject.

Moore's Digest, vol. vii, p. 994.

July 26, 1905, the Russian Ambassador at Washington asked that Sublieutenant Bertenson, of the Aurora [interned at Manila], be allowed to return to Russia, on his parole not to take further part in the war. The request, which appeared to be made as for a favor, was, with the concurrence of the Japanese Government, granted. It soon appeared, however, by a cable from Manila, that Sublieutenant Bertenson was ill, and that Admiral Enquist had asked permission not only for him, but for certain other officers, who also were ill, to return to Russia, their physical condition requiring that they leave the climate of Manila. Permission was, with the concurrence of the Japanese Government, granted for their return to Russia on parole, it appearing by the examination and report of the United States naval authorities at Manila that they were ill. The permission embraced two lieutenants and two sublieutenants.

Moore's Digest, vol. vii, p. 995.

TREATMENT OF NEUTRAL CAPTAIN, OFFICERS, AND CREW OF CAPTURED ENEMY MERCHANT SHIP.

When an enemy merchant-ship is captured by a belligerent, such of its crew as are nationals of a neutral State are not made prisoners of war.

The same rule applies in the case of the captain and officers likewise nationals of a neutral State, if they promise formally in writing not to serve on an enemy ship while the war lasts.

The names of the persons retaining their liberty under the conditions laid down in Article V, paragraph 2, and in Article VI, are notified by the belligerent captor to the other belligerent. The latter is forbidden knowingly to employ the said persons.

The provisions of the three preceding Articles do not apply to ships taking part in the hostilities.-Hague Convention XI, 1907, Articles 5, 7, and 8.

If any citizens or subjects, with their effects, belonging to either party, shall be found on board a prize vessel taken from an enemy by the other party, such citizens or subjects shall be liberated immediately, and their effects so captured shall be restored to their lawful owners, or their agents.

Treaty of Peace and Amity concluded between the United States and
Tripoli, June 4, 1805, Article V.

When an enemy ship, public or private, is seized by a belligerent, such of its crew as are nationals of a neutral State, are not made prisoners of war. The same rule applies in the case of the captain and officers likewise nationals of a neutral State, if they promise in writing not to take, during hostilities, any service connected with the operations of the war.

The names of the persons retaining their liberty on condition of the promise provided for by the preceding article, are notified by the belligerent captor to the other belligerent. The latter is forbidden knowingly to employ the said persons.

*

When a public or a private ship has directly or indirectly taken part in the hostilities, the enemy may retain as prisoners of war the whole personnel of the ship, without prejudice to the penalties he might otherwise incur.

Members of the personnel of a public or of a private vessel, who are personally guilty of an act of hostility towards the enemy, may be held by him as prisoners of war, without prejudice to the penalties he might otherwise incur.

Institute, 1913, pp. 189, 190.

The next class of enemies is composed of seamen navigating the merchant vessels of the enemy state. They differ from ordinary combatants in that they may not attack the enemy of their own initiative, and from ordinary non-combatants in that they may fight to defend their vessel if it is attacked by the enemy. They, therefore, occupy a position midway between the fighting forces and the civilian population. Till 1907 they might be held as prisoners of war when their vessel was captured, no matter whether they offered resistance or made a quiet surrender. But the Hague Conference of that year, in its Convention relative to certain Restrictions on the Exercise of the Right of Capture in Maritime War, freed them from liability to be kept in captivity, if they would make a formal promise in writing not to undertake during the war any service connected with its operations. Should they be subjects of a neutral state, they must be set at liberty unconditionally, except that officers of neutral nationality are required to promise in writing not to serve again on an enemy ship during the continuance of hostilities. These immunities, which the Japanese largely anticipated in their war of 19041905 with Russia, are made to depend on a peaceful delivery of the vessel. Under modern conditions of warfare resistance would in the vast majority of cases amount to madness, and would, therefore, be attempted very rarely. But when made, it would, of course, deprive those who made it of freedom from capture as prisoners of war. Should the crew of a belligerent merchantman make an unprovoked attack on a vessel of the enemy, they would be liable now, as of old, to the severities exercised against non-combatants who perform hostile acts.

Lawrence, pp. 369–370.

All combatants and also all officers and members of the crews of captured merchantmen, could formerly [to Hague Convention XI, 1907] be made prisoners of war.

Oppenheim, vol. 2, p. 250.

Contra as to crew.

But when such persons [bona fide foreign subjects] are captured on board rebel vessels, and are serving as officers or crew, they can be treated as prisoners of war and are to be held as such. * * Instructions of United States Secretary of the Navy, September 23, 1864.

Contra.

*

The personnel of a merchant vessel of an enemy captured as a prize can be held, at the discretion of the captor, as witnesses, or as prisoners of war when by training or enrollment they are immediately available for the naval service of the enemy; or they may be released from detention or confinement. They are entitled to their personal effects and to such individual property, not contraband of war, as is

not held as part of the vessel, its equipment, or as money, plate, or cargo contained therein.

All passengers not in the service of the enemy, and all women and children on board such vessels should be released and landed at a convenient port, at the first opportunity.

Any person in the naval service of the United States who pillages or maltreats, in any manner, any person found on board a merchant vessel captured as a prize, shall be severely punished.

U. S. Naval War Code, 1900, Article II.

Contra.

The master of an enemy vessel, and her crew, may be taken pris

oners.

Japanese Regulations, 1904, Article 50.

Passengers, and the master and crew of a ship which is not an enemy vessel, must not be taken prisoners. Persons, however, who are considered necessary as witnesses may be forcibly detained.

Japanese Regulations, Article 50.

[Sections 135, 136. French Naval Instructions, 1912, are substantially identical with Article 5, Hague Convention XI, 1907.]

You will deliver to the interested persons a receipt for the promises that they have given in the terms of paragraphs 136 and 137. Moreover, you will take care to acquaint me and cause the enemy to be acquainted, by every possible way, with the names of the individuals left at liberty under the conditions referred to in the above named paragraphs.

French Naval Instructions, sec. 138.

Articles 5 and 7, Hague Convention XI, 1907, are substantially identical with sections 36 and 38 respectively, Austro-Hungarian Manual, 1913.