PART I
CHAPTER I
AMICABLE SETTLEMENT OF STATE DIFFERENCES
I. State Differences and their Amicable Settlement in General
SECT. PAGE
1. Legal and political International Differences 3
2. International Law not exclusively concerned with Legal Differences 4
3. Amicable in contradistinction to compulsive settlement of Differences 4
II. Negotiation
4. In what Negotiation consists 6
5. International Commissions of Inquiry 6
6. Effect of Negotiation 9
III. Good Offices and Mediation
7. Occasions for Good Offices and Mediation 10
8. Right and Duty of offering, requesting, and rendering Good Offices and Mediation 10
9. Good Offices in contradistinction to Mediation 11
10. Good Offices and Mediation according to the Hague Arbitration Convention 12
11. Value of Good Offices and Mediation 14
IV. Arbitration
12. Conception of Arbitration 16
13. Treaty of Arbitration 16
14. Who is to Arbitrate? 17
15. On what principles Arbitrators proceed and decide 18
16. Binding force of Arbitral Verdict 18
17. What differences can be decided by Arbitration 19
18. Value of Arbitration 22
V. Arbitration according to the Hague Convention
19. Arbitral Justice in general 23
20. Arbitration Treaty and appointment of Arbitrators 26
21. Procedure of and before the Arbitral Tribunal 27
22. Arbitral Award 30
23. Binding force of Awards 30
24. Award binding upon Parties only 31
25. Costs of Arbitration 32
25a. Arbitration by Summary Procedure 32
CHAPTER II
COMPULSIVE SETTLEMENT OF STATE DIFFERENCES
I. On Compulsive Means of Settlement of State Differences in General
26. Conception and kinds of Compulsive Means of Settlement 34
27. Compulsive Means in contradistinction to War 34
28. Compulsive Means in contradistinction to an Ultimatum and Demonstrations 35
II. Retorsion
29. Conception and Character of Retorsion 36
30. Retorsion, when justified 37
31. Retorsion, how exercised 37
32. Value of Retorsion 38
III. Reprisals
33. Conception of Reprisals in contradistinction to Retorsion 38
34. Reprisals admissible for all International Delinquencies 39
35. Reprisals admissible for International Delinquencies only 40
36. Reprisals, by whom performed 41
37. Objects of Reprisals 42
38. Positive and Negative Reprisals 44
39. Reprisals must be proportionate 44
40. Embargo 44
41. Reprisals to be preceded by Negotiations and to be stopped when Reparation is made 46
42. Reprisals during Peace in contradistinction to Reprisals during War 46
43. Value of Reprisals 46
IV. Pacific Blockade
44. Development of practice of Pacific Blockade 48
45. Admissibility of Pacific Blockade 50
46. Pacific Blockade and vessels of third States 51
47. Pacific Blockade and vessels of the blockaded State 52
48. Manner of Pacific Blockade 52
49. Value of Pacific Blockade 53
V. Intervention
50. Intervention in contradistinction to Participation in a difference 54
51. Mode of Intervention 55
52. Time of Intervention 55
PART II
WAR
CHAPTER I
ON WAR IN GENERAL
I. Characteristics of War
53. War no illegality 59
54. Conception of War 60
55. War a contention 61
56. War a contention between States 62
57. War a contention between States through armed forces 63
58. War a contention between States for the purpose of overpowering each other 67
59. Civil War 68
60. Guerilla War 70
II. Causes, Kinds, and Ends of War
61. Rules of Warfare independent of Causes of War 72
62. Causes of War 73
63. Just Causes of War 74
64. Causes in contradistinction to Pretexts for War 75
65. Different kinds of War 76
66. Ends of War 76
III. The Laws of War
67. Origin of the Laws of War 78
68. The latest Development of the Laws of War 79
69. Binding force of the Laws of War 83
IV. The Region of War
70. Region of War in contradistinction to Theatre of War 85
71. Particular Region of every War 86
72. Exclusion from Region of War through Neutralisation 88
73. Asserted exclusion of the Baltic Sea from the Region of War 90
V. The Belligerents
74. Qualification to become a Belligerent (facultas bellandi) 90
75. Possibility in contradistinction to qualification to become a Belligerent 91
76. Insurgents as a Belligerent Power 92
77. Principal and accessory Belligerent Parties 93
VI. The Armed Forces of the Belligerents
78. Regular Armies and Navies 94
79. Non-combatant Members of Armed Forces 95
80. Irregular Forces 96
81. Levies en masse 97
82. Barbarous Forces 98
83. Privateers 99
84. Converted Merchantmen 100
85. The Crews of Merchantmen 104
86. Deserters and Traitors 106
VII. Enemy Character
87. On Enemy Character in general 106
88. Enemy Character of Individuals 108
89. Enemy Character of Vessels 112
90. Enemy Character of Goods 115
91. Transfer of Enemy Vessels 117
92. Transfer of Goods on Enemy Vessels 119
CHAPTER II
THE OUTBREAK OF WAR
I. Commencement of War
93. Commencement of War in General 121
94. Declaration of War 123
95. Ultimatum 125
96. Initiative hostile Acts of War 126
II. Effects of the Outbreak of War
97. General Effects of the Outbreak of War 128
98. Rupture of Diplomatic Intercourse and Consular Activity 129
99. Cancellation of Treaties 129
100. Precarious position of Belligerents' subjects on Enemy Territory 131
100a. Persona standi in judicio on Enemy Territory 133
101. Intercourse, especially Trading, between Subjects of Belligerents 135
102. Position of Belligerents' Property in the Enemy State 139
102a. Effect of the Outbreak of War on Merchantmen 140
CHAPTER III
WARFARE ON LAND
I. On Land Warfare in General
103. Aims and Means of Land Warfare 144
104. Lawful and Unlawful Practices of Land Warfare 144
105. Objects of the Means of Warfare 145
106. Land Warfare in contradistinction to Sea Warfare 145
II. Violence against Enemy Persons
107. On Violence in general against Enemy Persons 146
108. Killing and Wounding of Combatants 146
109. Refusal of Quarter 147
110. Lawful and Unlawful Means of killing and wounding Combatants 148
111. Explosive Bullets 149
112. Expanding (Dum-Dum) Bullets 149
113. Projectiles diffusing Asphyxiating or Deleterious Gases 150
114. Violence directed from Air-Vessels 150
115. Violence against non-combatant Members of Armed Forces 151
116. Violence against Private Enemy Persons 151
117. Violence against the Head of the Enemy State and against Officials in Important Positions 153
III. Treatment of Wounded, and Dead Bodies
118. Origin of Geneva Convention 154
119. The Wounded and the Sick 157
120. Medical Units and Establishments, and Material 158
121. Personnel 159
122. Convoys of Evacuation 160
123. Distinctive Emblem 161
124. Treatment of the Dead 162
124a. Application of the Geneva Convention, and Prevention of Abuses 163
124b. General provisions of the Geneva Convention 164
IV. Captivity
125. Development of International Law regarding Captivity 165
126. Treatment of Prisoners of War 167
127. Who may claim to be Prisoners of War 169
128. Discipline 169
129. Release on Parole 170
130. Bureau of Information 171
131. Relief Societies 171
132. End of Captivity 172
V. Appropriation and Utilisation of Public Enemy Property
133. Appropriation of all the Enemy Property no longer admissible 174
134. Immoveable Public Property 174
135. Immoveable Property of Municipalities, and of Religious, Charitable, and the like Institutions 175
136. Utilisation of Public Buildings 175
137. Moveable Public Property 176
138. Moveable Property of Municipalities, and of Religious, Charitable, and the like Institutions 177
139. Booty on the Battlefield 177
VI. Appropriation and Utilisation of Private Enemy Property
140. Immoveable Private Property 179
141. Private War Material and Means of Transport 180
142. Works of Art and Science, Historical Monuments 180
143. Other Private Personal Property 180
144. Booty on the Battlefield 181
145. Private Enemy Property brought into a Belligerent's Territory 182
VII. Requisitions and Contributions
146. War must support War 183
147. Requisitions in Kind, and Quartering 185
148. Contributions 186
VIII. Destruction of Enemy Property
149. Wanton destruction prohibited 187
150. Destruction for the purpose of Offence and Defence 188
151. Destruction in marching, reconnoitring, and conducting Transport 188
152. Destruction of Arms, Ammunition, and Provisions 189
153. Destruction of Historical Monuments, Works of Art, and the like 189
154. General Devastation 190
IX. Assault, Siege, and Bombardment
155. Assault, Siege, and Bombardment, when lawful 191
156. Assault, how carried out 193
157. Siege, how carried out 193
158. Bombardment, how carried out 194
X. Espionage and Treason
159. Twofold Character of Espionage and Treason 196
160. Espionage in contradistinction to Scouting and Despatch-bearing 197
161. Punishment of Espionage 198
162. Treason 199
XI. Ruses
163. Character of Ruses of War 200
164. Different kinds of Stratagems 201
165. Stratagems in contradistinction to Perfidy 202
XII. Occupation of Enemy Territory
166. Occupation as an Aim of Warfare 204
167. Occupation, when effected 206
168. Occupation, when ended 210
169. Rights and Duties in General of the Occupant 210
170. Rights of the Occupant regarding the Inhabitants 211
171. Position of Government Officials and Municipal Functionaries during Occupation 213
172. Position of Courts of Justice during Occupation 214
CHAPTER IV
WARFARE ON SEA
I. On Sea Warfare in General
173. Aims and Means of Sea Warfare 216
174. Lawful and Unlawful Practices of Sea Warfare 217
175. Objects of the Means of Sea Warfare 218
176. Development of International Law regarding Private Property on Sea 218
177. Declaration of Paris 220
178. The Principle of Appropriation of Private Enemy Vessels and Enemy Goods thereon 221
179. Impending Codification of Law of Sea Warfare 224
II. Attack and Seizure of Enemy Vessels
180. Importance of Attack and Seizure of Enemy Vessels 225
181. Attack, when legitimate 225
182. Attack, how effected 226
182a. Submarine Contact Mines 227
183. Duty of giving Quarter 231
184. Seizure 231
185. Effect of Seizure 231
186. Immunity of Vessels charged with Religious, Scientific, or Philanthropic Mission 232
187. Immunity of Fishing-boats and small boats employed in local Trade 234
188. Immunity of Merchantmen at the Outbreak of War on their Voyage to and from a Belligerent's Port 235
189. Vessels in Distress 236
190. Immunity of Hospital and Cartel Ships 236
191. Immunity of Mail-boats and Mail-bags 236
III. Appropriation, and Destruction of Enemy Merchantmen
192. Prize Courts 238
193. Conduct of Prize to Port of Prize Court 241
194. Destruction of Prize 242
195. Ransom of Prize 245
196. Loss of Prize, especially Recapture 246
197. Fate of Prize 247
198. Vessels belonging to Subjects of Neutral States, but sailing under Enemy Flag 248
199. Effect of Sale of Enemy Vessels during War 248
200. Goods sold by and to Enemy Subjects during War 249
IV. Violence against Enemy Persons
201. Violence against Combatants 249
202. Violence against Non-combatant Members of Naval Forces 250
203. Violence against Enemy Individuals not belonging to the Naval Forces 251
V. Treatment of Wounded and Shipwrecked
204. Adaptation of Geneva Convention to Sea Warfare 252
205. The Wounded, Sick, and Shipwrecked 253
205a. Treatment of the Dead 254
206. Hospital Ships 254
206a. Hospital Ships in Neutral Ports 256
206b. Sick-Bays 257
207. Distinctive Colour and Emblem of Hospital Ships 258
208. Neutral Vessels assisting the Wounded, Sick, or Shipwrecked 259
209. The Religious, Medical, and Hospital Staff 260
209a. Application of Convention X., and Prevention of Abuses 260
209b. General Provisions of Convention X. 261
VII. Requisitions, Contributions, Bombardment
212. Requisitions and Contributions upon Coast Towns 264
213. Bombardment of the Enemy Coast 266
VIII. Interference with Submarine Telegraph Cables
214. Uncertainty of Rules concerning Interference with Submarine Telegraph Cables 271
CHAPTER V
NON-HOSTILE RELATIONS OF BELLIGERENTS
I. On non-hostile Relations in General between Belligerents
215. Fides etiam hosti servanda 273
216. Different kinds of Non-hostile Relations 274
217. Licences to Trade 275