Vessels to Sub jects of Neutral certain prizes and prize cargoes were paid, and out of which prize money was distributed among members of the naval and marine forces. If a neutral subject buys a captured ship after her condemnation, she may certainly not be attacked and captured by the belligerent to a subject of which she formerly belonged; but if she is bought by an enemy subject, and afterwards captured, she might be restored1 to her former owner. § 198. As merchantmen owned by subjects of neutral belonging States but sailing under an enemy flag are vested with enemy character,2 they may be captured and condemned. States, but This bears hardly upon vessels belonging to subjects of non-littoral States which have no maritime flag; they are forced to navigate under the flag of another State,3 and are, therefore, in case of war exposed to capture. sailing under Enemy Flag. Vessels sailing § 199. Moreover, a vessel flying a neutral flag may be under captured and condemned if, for the reasons mentioned Neutral above in §§ 89, 91, she possesses enemy character. Flag, but Enemy possessing $200. As regards goods consigned to enemy subjects, Character, but sold in transitu to subjects of neutral States, no Goods unanimous practice is in existence, and the attitude Neutrals of the different States has been considered above in sold to Violence against Combatants. VIOLENCE AGAINST ENEMY PERSONS See the literature quoted above at the commencement of § 107. § 201. As regards killing and wounding combatants in sea warfare, and the means used for the purpose, customary rules of International Law are in existence, according to which only those combatants may be killed or wounded who are able and willing to fight, 1 See above, § 196. 3 See above, vol. i. § 261. or who resist capture. Men disabled by sickness or wounds, or such men as lay down arms and surrender, or do not resist capture, must be given quarter, except in a case of imperative necessity or of reprisals. Poison, and such arms, projectiles, and materials as cause unnecessary injury, are prohibited, as is also killing and wounding in a treacherous way. The Declaration of St. Petersburg 2 and the Hague Declaration prohibiting the use of expanding (dum-dum) 3 bullets, apply to sea warfare as well as to land warfare, as also do the Hague Declarations concerning projectiles and explosives launched from balloons, and projectiles diffusing asphyxiating or deleterious gases. All combatants, and also all officers and members of the crews of captured merchantmen, could formerly 5 be made prisoners of war. According to Articles 5 to 7 of Convention XI. of the Second Hague Conference, such members of the crews of captured merchantmen as were subjects of neutral States might never be made prisoners of war; but those of the captain, officers, and members of the crews who were enemy subjects, and, further, the captain and officers, even though subjects of neutral States, might be made prisoners of war in case they refused to be released on parole. During the World War this convention was not binding, because not all the belligerents were parties to it, and enemy subjects who were members of the crews of merchantmen were made prisoners of war. As soon as such prisoners are landed, they fall under Articles 4-20 of the Hague Regulations; 1 See the corresponding rules for warfare on land, which are discussed above in §§ 108-110. See also U.S. Naval War Code, Article 3. 2 See above, § 111. 3 See above, § 112. • See above, §§ 113, 114, 5 This was almost generally recognised, but was refused recognition by Count Bismarck during the FrancoGerman War (see below, § 249) and by some German publicists, as, for instance, Lueder in Holtzendorff, iv. p. 479, n. 6. 6 See above, § 85. Violence against batant but as long as they are on board, the old customary rule of International Law, that prisoners must be treated humanely,1 and not like convicts, must be complied with. Moreover, the Hague Convention for the Adaptation of the Principles of the Geneva Convention to Maritime Warfare enacts some particular rules concerning the shipwrecked, the wounded, and the sick who, through falling into the hands of the enemy, become prisoners of war.2 § 202. Just as military forces consist of combatants non-Com- and non-combatants, so do the naval forces of belliMembers gerents. Non-combatants, as, for instance, stokers, of Naval surgeons, chaplains, members of the hospital staff, Forces. and the like, who do not take part in the fighting, may not be attacked directly and killed or wounded. But they are exposed to all injuries indirectly resulting from attacks on, or by, their vessels; and they may certainly be made prisoners of war, unless they are members of the religious, medical, and hospital staff, who are inviolable according to Article 10 of Hague Convention x.4 Violence against Enemy Individuals not belonging to the Naval Forces. § 203. Likewise enemy individuals who are not members of the naval forces at all, but are found on board an attacked or seized enemy vessel, if, and so far as, they do not take part in the fighting, may not directly be attacked and killed or wounded, although they are exposed to all injury indirectly resulting from an attack on, or by, their vessel. If they are mere private individuals, they may as an exception only, and under the same circumstances as private individuals on occupied territory, be made prisoners of war.5 But they are nevertheless, for the time they are on board 1 See Holland, Prize Law, § 249, and U.S. Naval War Code, Articles 10, 11. 2 See below, § 205. 3 See U.S. Naval War Code, Article 3. 4 See below, § 209. 5 See Schramm, § 16; see also U.S. Naval War Code, Article 11, and above, § 116. the captured vessel, under the discipline of the captor. All restrictive measures against them which are necessary are therefore lawful, as are also punishments, in case they do not comply with lawful orders of the commanding officer. If they are enemy officials in important positions, they may be made prisoners of war. V TREATMENT OF WOUNDED AND SHIPWRECKED Perels, § 37-Pillet, pp. 188-191-Westlake, ii. pp. 185-189-Moore, vii. § 1178-Hershey, Nos. 408-422-Bernsten, § 12-Bonfils, Nos. 12801280o-Pradier-Fodéré, viii. No. 3209-U.S. Naval War Code, Articles 21-29-Ferguson, The Red Cross Alliance at Sea (1871)-Houette, De l'Extension des Principes de la Convention de Genève aux Victimes des Guerres maritimes (1892)-Cauwès, L'Extension des Principes de la Convention de Genève aux Guerres maritimes (1899)-Holls, The Peace Conference at the Hague (1900), pp. 120-134-Boidin, pp. 248-262Dupuis, Guerre, Nos. 82-105-Meurer, ii. §§ 74-87-Higgins, pp. 382394-Lémonon, pp. 526-554- Nippold, ii. § 33-Scott, Conferences, pp. 599-614-Takahashi, pp. 375-385-Wehberg, § 10-Garner, i. §§ 319327-Fauchille in R.G., vi. (1899), pp. 291-302-Bajer in R. G., viii. (1901), pp. 225-230-Renault in A.J., ii. (1908), pp. 295-306-Higgins, War and the Private Citizen (1912), pp. 73-87, and in the Law Quarterly Review, xxvi. (1910), pp. 408-414. See also the literature quoted above at the commencement of § 118. tion of Conven tion to § 204. Soon after the ratification of the Geneva Con- Adaptavention, the necessity of adapting its principles to Geneva naval warfare was generally recognised, and among ConSea the non-ratified additional articles of 1868 were nine Warfare. which aimed at this.2 But it was not until the Hague Conference in 1899 that this was accomplished by a convention 3 which comprised fourteen articles. This convention was replaced at the Second Hague Conference by Convention x. for the Adaptation of the Principles of the Geneva Convention to Maritime Warfare, which comprises twenty-eight articles. It was 1 See above, § 117. * See above, § 118, and vol. i. § 560, 3 Martens, N. R. G., 2nd Ser. xxvi, p. 979. The Sick, and Shipwrecked. signed, although with some reservations, by all the Powers represented at the conference, except Nicaragua which acceded later, and it has been ratified, with or without reservations, by most of the signatory Powers. It provides rules concerning the wounded, sick, shipwrecked, and dead; hospital ships; sick - bays on men-of-war; the distinctive colour and emblem of hospital ships; neutral vessels taking on board belligerent wounded, sick, or shipwrecked; the religious, medical, and hospital staff of captured ships; the carrying out of the convention, and the prevention of abuses and infractions. § 205. Soldiers, sailors, and other persons officially Wounded, attached to fleets or armies, whatever their nationality, who are taken on board when sick or wounded, must be respected and tended by the captors (Article 11). All enemy shipwrecked, sick, or wounded persons who fall into the power of a belligerent are prisoners of war. It is left to the captor to determine whether they are to be kept on board, or sent to a port of his own, or a neutral port, or even a hostile port. If sent to a hostile port, they may not again serve in the war (Article 14). If landed at a neutral port with the consent of the local authorities, they must be guarded by the neutral State so as to prevent them from again taking part in the war1 (Article 15). After each engagement, both belligerents must, so far as military interests permit, take measures to search for the shipwrecked, wounded, and sick, and protect them against pillage and maltreatment (Article 16). They must send to the enemy authorities a list of names of enemy sick and wounded picked up by them, and information regarding internments, transfers, admissions to hospital, and deaths amongst the sick and wounded in their hands. They must also forward all objects of personal use, valuables, 1 See below, § 348a, |