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Exploring the Variety of Random
Documents with Different Content
 CHAPTER III
TREATMENT OF WOUNDED AND
SICK SOLDIERS
The generally accepted principle that in war
one should do no more harm to one’s enemy than
the object of the war unconditionally requires, has
led to treating the wounded and sick combatants
as being no longer enemies, but merely sick men
who are to be taken care of and as much as
possible protected from the tragic results of
wounds and illness. Although endeavors to protect
the wounded soldiers from arbitrary slaughter,
mutilation, ill-treatment, or other brutalities go
back to the oldest times, yet the credit of
systematizing these endeavors belongs to the
nineteenth century, and this system was raised to
the level of a principle of international law by the
Geneva Convention of 1864.
The sanctity of With the elevation of the Geneva Agreements
the Geneva
Convention.
to the level of laws binding peoples and armies,
the question of the treatment of wounded and sick
combatants, as well as that of the persons
devoted to the healing and care of them, is
separated from the usages of war. Moreover, and
discussion of the form of this international law
must be regarded from the military point of view
as aimless and unprofitable. The soldier may still
 be convinced that some of the Articles are capable
of improvement, that others need supplementing,
and that yet others should be suppressed, but he
has not the right to deviate from the stipulations;
it is his duty to contribute as far as he can to the
observance of the whole code.
The “Hyenas of No notice is taken in the Geneva Convention of
the Battlefield.”
the question of the protection of fallen or
wounded combatants from the front, from the
rabble usually known as “The Hyenas of the
battlefield,” who are accustomed to rob, ill-treat,
or slay soldiers lying defenseless on the field of
battle. This is a matter left to the initiative of the
troops. Persons of this kind, whether they be
soldiers or not, are undoubtedly to be dealt with in
the sternest possible manner.
 CHAPTER IV
INTERCOURSE BETWEEN
BELLIGERENT ARMIES
Flags of Truce.
Hostile armies are in frequent intercourse with
one another. This takes place so long as it is
practised openly, that is to say, with the
permission of the commanders on both sides, by
means of bearers of flags of truce. In this class are
included those who have to conduct the official
intercourse between the belligerent armies or
divisions thereof, and who appear as authorized
envoys of one army to the other, in order to
conduct negotiations and to transmit
communications. As to the treatment of bearers of
flags of truce there exist regular usages of war, an
intimate acquaintance with which is of the highest
practical importance. This knowledge is not merely
indispensable for the higher officers, but also for
all inferior officers, and to a certain extent for the
private in the ranks.
Since a certain degree of intercourse between
the two belligerents is unavoidable, and indeed
desirable, the assurance of this intercourse is in
the interests of both parties; it has held good as a
custom from the earliest times, and even among
uncivilized people, whereby these envoys and their
assistants (trumpeter, drummer, interpreter, and
orderly) are to be regarded as inviolable; a custom
which proceeds on the presumption that these
persons, although drawn from the ranks of the
combatants, are no longer, during the performance
of these duties, to be regarded as active
belligerents. They must, therefore, neither be shot
nor captured; on the contrary, everything must be
done to assure the performance of their task and
to permit their return on its conclusion.
But it is a fundamental condition of this
procedure:

1. That the envoy be quite

distinguishable as such by
means of universally
recognized and well-known
marks; distinguishable both
by sight and by hearing
(flags of truce, white flags,
or, if need be, white pocket-
handkerchiefs) and signals
(horns or bugles).
2. That the envoy behave
peaceably, and
3. That he does not abuse his
position in order to commit
any unlawful act.

Of course any contravention of the last two

conditions puts an end to his inviolability; it may
justify his immediate capture, and, in extreme
cases (espionage, hatching of plots), his
condemnation by military law. Should the envoy
abuse his mission for purposes of observation,
whereby the army he is visiting is imperiled, then
 also he may be detained, but not longer than is
necessary. In all cases of this kind it is
recommended that prompt and detailed
information be furnished to the head of the other
army.
It is the right of every army:

1. To accept, or to refuse such

envoys. An envoy who is not
received must immediately
rejoin his own army; he must
not, of course, be shot at on
his way.
2. To declare that it will not
during a fixed period
entertain any envoys. Should
any appear in spite of this
declaration; they cannot
claim to be inviolable.
3. To determine in what forms
and under what precautions
envoys shall be received. The
envoys have to submit to any
commands even though
entailing personal
inconvenience such as
blindfolding or going out of
their way on coming or
returning, and such like.

The Etiquette The observance of certain forms in the

of Flags of reception of envoys is of the greatest importance,
Truce.
as a parley may serve as a cloak for obtaining
information or for the temporary interruption of
hostilities and the like. Such a danger is
 particularly likely to occur if the combatants have
been facing one another, as in the case of a war of
positions, for a long time without any particular
result. These forms are also important because
their non-observance, as experience shows, gives
rise to recrimination and charges of violation of
the usages of war. The following may, therefore,
be put forward as the chief rules for the behavior
of an envoy and as the forms to be observed in his
reception.
The Envoy.
1. The envoy (who is usually
selected as being a man
skilled in languages and the
rules, and is mounted on
horseback) makes for the
enemy’s outpost or their
nearest detachment,
furnished with the necessary
authorization, in the
company of a trumpeter and
a flag-bearer on horseback.
If the distance between the
two outposts of the
respective lines is very small,
then the envoy may go on
foot in the company of a
bugler or a drummer.
His approach. 2. When he is near enough to the
enemy’s outposts or their
lines to be seen and heard,
he has the trumpet or bugle
blown and the white flag
unfurled by the bearer. The
bearer will seek to attract the
 attention of the enemy’s
outposts or detachments
whom he has approached,
by waving the flag to and
fro.
From this moment the envoy
and his company are
inviolable, in virtue of a
general usage of war. The
appearance of a flag of truce
in the middle of a fight,
however, binds no one to
cease fire. Only the envoy
and his companions are not
to be shot at.
The challenge 3. The envoy now advances with
—“Wer da?”
his escort at a slow walk to
the nearest posted officer. He
must obey the challenge of
the enemy’s outposts and
patrol.
His reception. 4. Since it is not befitting to
receive an envoy at just that
place which he prefers, he
has to be ready to be
referred to a particular place
of admission. He must keep
close to the way prescribed
for him. It is advisable for
the enemy whenever this is
possible to give the envoy an
escort on the way.
He dismounts. 5. On arriving at the place
indicated, the envoy
 dismounts along with his
attendants; leaves them at a
moderate distance behind
him, and proceeds on foot to
the officer on duty, or
highest in command, at that
place, in order to make his
wishes known.
Let his Yea be 6. Intercourse with the enemy’s
Yea, and his
Nay, Nay.
officer must be courteously
conducted. The envoy has
always to bear in mind the
discharge of his mission, to
study the greatest
circumspection in his
conversations, neither to
attempt to sound the enemy
or to allow himself to be
sounded.... The best thing is
to refuse to enter into any
conversation on military
matters beforehand.
The duty of his 7. For less important affairs the
Interlocutor.
officer at the place of
admission will possess the
necessary instructions, in
order either to discharge
them himself, or to promise
their discharge in a fixed
period. But in most cases the
decision of a superior will
have to be taken; in this case
the envoy has to wait until
the latter arrives.
 8. If the envoy has a commission
to deal personally with the
Commander-in-Chief or a
high officer, or if the officer
on duty at the place of
admission considers it
desirable for any reason to
send the envoy back, then, if
it be necessary, the eyes of
the envoy may be
blindfolded; to take away his
weapons is hardly necessary.
If the officer at the place of
admission is in any doubt
what attitude to adopt
towards the requests of the
envoy, he will for the time
being detain him at his post,
and send an intimation to his
immediate superior in case
the affair appears to him of
particular importance, and at
the same time to the
particular officer to whom
the envoy is or should be
sent.
The impatient 9. If an envoy will not wait, he
Envoy.
may be permitted, according
to circumstances, to return
to his own army if the
observation made by him or
any communications received
can no longer do any harm.
 From the foregoing it follows that intercourse
with the envoys of an enemy presupposes detailed
instructions and a certain intelligence on the part
of the officers and men if it is to proceed
peaceably. But before all things it must be made
clear to the men that the intentional wounding or
killing of an envoy is a serious violation of
international law, and that even an unfortunate
accident which leads to such a violation may have
the most disagreeable consequences.
The French A despatch of Bismarck’s of January 9th, 1871,
again.
demonstrates by express mention of their names,
that twenty-one German envoys were shot by
French soldiers while engaged on their mission.
Ignorance and defective teaching of the troops
may have been the principal reason for this none
too excusable behavior. In many cases
transgressions on the part of the rawer elements
of the army may have occurred, as has been many
times offered as an excuse in higher quarters.
Nevertheless, this state of affairs makes clear the
necessity of detailed instruction and a sharp
supervision of the troops by the officers.
 CHAPTER V
SCOUTS AND SPIES
The Scout.
Scouting resolves itself into a question of
The Spy and getting possession of important information about
his short shrift. the position, strength, plans, etc., of the enemy,
and thereby promoting the success of one’s own
side. The existence of scouting has been closely
bound up with warfare from the earliest times; it is
to be regarded as an indispensable means of
warfare and consequently is undoubtedly
permissible. If the scouting takes place publicly by
recognizable combatants then it is a perfectly
regular form of activity, against which the enemy
can only use the regular means of defense, that is
to say, killing in battle, and capture. If the scouting
takes the form of secret or surreptitious methods,
then it is espionage, and is liable to particularly
severe and ruthless measures by way of
precaution and exemplary punishment—usually
death by shooting or hanging. This severe
punishment is not inflicted on account of
dishonorable disposition on the part of the spy—
there need exist nothing of the kind, and the
motive for the espionage may arise from the
highest patriotism and sentiment of military duty
quite as often as from avarice and dishonorable
74
cupidity —but principally on account of the
particular danger which lies in such secret
 methods. It is as it were a question of self-
defense.
Having regard to this severe punishment
introduced by the usages of war, it is necessary to
define the conception of espionage and of spies as
precisely as possible.
What is a Spy? A spy was defined by the German army staff in
1870 as one “who seeks to discover by clandestine
methods, in order to favor the enemy, the position
of troops, camps, etc.; on the other hand enemies
who are soldiers are only to be regarded as spies
if they have violated the rules of military usages,
by denial or concealment of their military
character.”
The Brussels Declaration of 1874 defines the
conception as follows: “By a spy is to be
understood he who clandestinely or by illicit
pretenses enters or attempts to enter into places
in the possession of the enemy with the intention
of obtaining information to be brought to the
knowledge of the other side.” The Hague
Conference puts it in the same way.
Of the The emphasis in both declarations is to be laid
essentials of
Espionage.
on the idea of “secrecy” or “deception.” If regular
combatants make enquiries in this fashion, for
example in disguise, then they also come under
the category of spies, and can lawfully be treated
as such. Whether the espionage was successful or
not makes no difference. The motive which has
prompted the spy to accept his commission,
whether noble or ignoble, is, as we have already
said, indifferent; likewise, whether he has acted on
his own impulse or under a commission from his
own State or army. The military jurisdiction in this
 matter cuts across the territorial principle and that
of allegiance, in that it makes no difference
whether the spy is the subject of the belligerent
country or of another State.
It is desirable that the heavy penalty which the
spy incurs should be the subject not of mere
suspicion but of actual proof of existence of the
offense, by means of a trial, however summary (if
the swift course of the war permits), and therefore
the death penalty will not be enforced without
being preceded by a judgment.
Accessories are Participation in espionage, favoring it,
Principals.
harboring a spy, are equally punishable with
espionage itself.
 CHAPTER VI
DESERTERS AND RENEGADES
The Deserter is
faithless and
The difference between these two is this—the
the Renegade first class are untrue to the colors, their intention
false. being to withdraw altogether from the conflict, to
leave the seat of war, and, it may be, to escape
into a country outside it; but the second class go
over to the enemy in order to fight in his ranks
against their former comrades. According to the
general usages of war, deserters and renegades, if
they are caught, are to be subjected to martial law
and may be punished with death.
Although some exponents of the laws of war
claim that deserters and renegades should be
handed back to one’s opponent, and on the other
hand exactly the opposite is insisted on by others,
namely, the obligation to accept them—all we can
say is that a soldier cannot admit any such
obligation.
But both may Deserters and renegades weaken the power of
be useful.
the enemy, and therefore to hand them over is not
in the interest of the opposite party, and as for the
right to accept them or reject them, that is a
matter for one’s own decision.
 CHAPTER VII
CIVILIANS IN THE TRAIN OF AN
ARMY
“Followers.”
In the train of an army it is usual to find,
temporarily or permanently, a mass of civilians
who are indispensable to the satisfaction of the
wants of officers and soldiers or to the connection
of the army with the native population. To this
category belong all kinds of contractors, carriers of
charitable gifts, artists, and the like, and, above
all, newspaper correspondents whether native or
foreign. If they fall into the hands of the enemy,
they have the right, should their detention appear
desirable, to be treated as prisoners of war,
assuming that they are in possession of an
adequate authorization.
For all these individuals, therefore, the
possession of a pass issued by the military
authorities concerned, in accordance with the
forms required by international intercourse, is an
indispensable necessity, in order that in the case
of a brush with the enemy, or of their being taken
captive they may be recognized as occupying a
passive position and may not be treated as
75
spies.
In the grant of these authorizations the utmost
circumspection should be shown by the military
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