Chapter II: Part I: Usages of War as Regards the Enemy’s Army

I WHO BELONGS TO THE HOSTILE ARMY 75

Regular Army--Irregular Troops--People’s Wars and National
Wars.

II THE MEANS OF CONDUCTING WAR 84

A.--MEANS OF WAR DEPENDING ON FORCE 85

1. Annihilation, slaughter, and wounding of hostile
combatants.

2. Capture of Enemy combatants:
Modern conception of war captivity--Who is subject
to it?--Point of view for treatment of prisoners of
war--Right to put prisoners to death--Termination
of the captivity--Transport of Prisoners.

3. Sieges and Bombardments:
(_a_) Fortresses, strong places and fortified
places. Notification of bombardment--Scope of
bombardment--Treatment of civil population within
an enemy’s fortress--Diplomatists of neutral
States within a besieged fortress--Treatment of
the fortress after storming it. (_b_) Open towns,
villages, buildings and the like, which, however,
are occupied or used for military purposes.

B.--METHODS NOT INVOLVING THE USE OF FORCE 110
Cunning and deceit--Lawful and unlawful stratagem.

III TREATMENT OF WOUNDED AND SICK SOLDIERS 115
Modern view of non-effective combatants--Geneva
Convention--Hyenas of the battlefield.

IV INTERCOURSE BETWEEN BELLIGERENT ARMIES 117
Bearers of flags of truce--Treatment of them--Forms
as to their reception.

V SCOUTS AND SPIES 124
The notion of a spy--Treatment.

VI DESERTERS AND RENEGADES 127

VII CIVILIANS IN THE TRAIN OF AN ARMY 128
General--Authorizations--The representatives of the
Press.

VIII THE EXTERNAL MARK OF INVIOLABILITY 133

IX WAR TREATIES 135

A.--TREATIES OF EXCHANGE 135

B.--TREATIES OF CAPITULATION 136

C.--SAFE-CONDUCTS 140

D.--TREATIES OF ARMISTICE 141

PART II

USAGES OF WAR IN REGARD TO ENEMY TERRITORY AND ITS INHABITANTS

I RIGHTS AND DUTIES OF THE INHABITANTS 147
General Notions--Rights--Duties--Hostages--Jurisdiction
in enemy’s provinces when occupied--War rebellion and War
treason.

II PRIVATE PROPERTY IN WAR 161

III BOOTY AND PLUNDERING 167
Real and Personal State Property--Real and Personal
Private Property.

IV REQUISITIONS AND WAR LEVIES 174

V ADMINISTRATION OF OCCUPIED TERRITORY 180
General--Legislation--Relation of inhabitants to the
Provisional Government--Courts--Officials--Administration--
Railways.