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nized. There must also be a formal proclamation of the blockade. Ships which had left their home ports before the proclamation of the blockade, can only be stopped, and notified of the blockade, such notification being endorsed on their papers.

"If a vessel is driven into a blockaded port by such distress of weather, or want of provisions or water, as to render entrance an unavoidable necessity, she may issue again, provided her cargo remains intact."

The penalty for an attempt to violate a blockade is the forfeiture of both ship and cargo.


In order to enforce the provisions against carrying contraband articles or the violation of a blockade, the ships of either belligerent have the right to search any neutral ship for contraband articles or for evidences of intention to violate the blockade. The penalty for resistance to such a search is seizure.


COMBATANTS AND NON-COMBATANTS. The inhabitants of a country engaged in war are divided into two classes: combatants and non-combatants.

"Combatants, in the full sense, are the regularly authorized military and naval forces of the states. They are liable to the risks and entitled to the immunities of warfare, and if captured become prisoners of war.

"(a) The status of combatants is also allowed to two classes which engage in defensive hostilities.

"(1) The officers and crew of a merchant vessel which defends itself by force are liable to capture as prisoners of war.

"(2) With regard to levies en masse much difference of opinion exists. Article 10 of the Declaration of Brussels, 1884, was adopted at the Hague Conference in 1899, and may be considered as representing a generally accepted position, namely: "The population of a non-occupied territory, who, on the approach of the enemy, of their own accord take up arms to resist the invading troops, without having had time to organize themselves in conformity with Article 9 (providing responsible leader, uniform, etc.), shall be considered as belligerents, if they respect the laws and customs of war.'

"(b) The status of combatants is not allowable for those who, without state authorization, engage in aggressive hostilities." 11

Non-combatants are subject to the ordinary hardships occasioned by warfare but cannot be made prisoners of war. If a non-combatant engages in hostile acts against the enemies he is liable to any punishment which the enemy may choose to inflict upon him, even death.

"Spies are those who, acting secretly or under false pretenses, collect or seek to collect information in the districts occupied by the enemy, with the intention of communicating it to the opposing force. Such agents are not forbidden, but are liable to such treatment as the laws of the capturing army may prescribe. This may be death by hanging. The office of spy is not necessarily dishonorable." 12


A great freedom of choice is given to belligerents in the selection of their instruments of warfare. Still "Wilson and Tucker on International Law, Sec. 100.

12 Id.

not every instrument of destruction is permissible. The general restrictive principle is, that no instruments can be used which inflict unnecessary suffering, or which cause. suffering all out of proportion to the benefit which it gives to the party using it. Poison in any form and explosive bullets are among the prohibited instruments. The use of uncivilized troops is also prohibited. The use of balloons, torpedoes, and mines are permissible.


In a war against an uncivilized nation or tribe, a country is not bound by the rules of international law. SECTION 56. THE INTERNATIONAL HAGUE PEACE CONFERENCE.

Many attempts have been made during the past century to both diminish the number of wars and also to decrease their attendant horrors. The longest step in this direction was that taken by the International Peace Conference at the Hague, held from May 18 to July 29, 1899, at the invitation of the Russian Government.

"I. A Convention for the pacific adjustment of international disputes.

"II. A Convention in respect to the laws and usages of war on land.

"III. A Convention for the adaptation of the rules of maritime warfare to the principles of the Geneva Convention of August 22, 1864.

"IV. Three declarations in respect to the following subjects:

"(a) The prohibition of the use of projectiles or explosives from balloons, or by other methods.


"(b) The prohibition of the employment of projectiles which have for their sole purpose to diffuse asphyxiating or other deleterious gases.

"(c) The prohibition of bullets which expand or flatten easily in the human body; such as bullets with hard jackets, which do not entirely cover the projectile, or are provided with incisions."

The text of these agreements will be found in Appendix A to this subject.

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