ment of bearers. Treat- § 222. Bearers of flags of truce and their parties, when Admitted admitted by the other side, must be granted the privilege Flag- of inviolability. They may neither be attacked nor taken prisoners, and they must be allowed to return safely in due time to their own lines. But they need not be allowed to acquire information about the receiving forces, and may, therefore, be blindfolded by them, or be conducted by roundabout ways, or be prevented from entering into communication with individuals other than those who confer officially with them, and they may even temporarily be prevented from returning, until a certain military operation of which they have obtained information is carried out. Article 33 of the Hague Regulations specifically enacts that a commander to whom a flag of truce is sent may take all steps necessary to prevent the envoy taking advantage of his mission to obtain information.' Bearers of flags of truce are not, however, prevented from reporting information they have gained by observation while passing through the enemy lines and in communicating with enemy individuals. But they are not allowed to sketch maps of defences and positions, to gather information secretly and surreptitiously, to provoke or to commit treacherous acts, and the like. If they do, they may be courtmartialled. Articles 33 and 34 of the Hague Regulations expressly enact that a flag-bearer may be temporarily detained in case he abuses his mission for the purpose of obtaining information, and that he loses all privileges of inviolability if it is proved beyond doubt that he has taken advantage of his privileged position to provoke or commit an act of treachery.' Bearers of white flags and their party must carry 1 some authorisation with them, to show that they are charged with the 1 Article 32 of the Hague Regulations confirms this customary rule by speaking of an individual who 1 is 'authorised' by one of the belligerents to enter into communication with the other. task of entering into negotiations (Article 32); otherwise they may be detained as prisoners, since it is his mission, and not the white flag itself, which protects the flag-bearer. This mission protects every one who is charged with it, whatever his rank and whether a civilian or a soldier; but it does not protect a deserter. A deserter may be detained, court-martialled, and punished, notice being given to the army sending him of the reason of his punishment.1 Flag of § 223. Different from abuse of his mission by an Abuse of authorised flag-bearer is abuse of the flag of truce itself, Truce. which may take one of two different forms : (1) The force which sends an authorised flag-bearer to the enemy has to take up a corresponding attitude, the ranks which the flag-bearer leaves being obliged to halt and to cease fire. It constitutes an abuse of the flag of truce if it intentionally fails to do so. The case is even worse when a flag-bearer is intentionally sent on a feigned mission in order that military operations may be carried out under cover of the protection due from the enemy to the flag-bearer and his party. A case of this kind is related in Halleck. On July 12, 1882, while the British fleet was lying off Alexandria, in support of the authority of the Khedive of Egypt, and the rebels under Arabi Pasha were being driven to great straits, a rebel boat, carrying a white flag of truce, was observed approaching H.M.S. Invincible from the harbour, whereupon H.M. ships Temeraire and Inflexible, which had just commenced firing, were ordered to suspend fire. So soon as the firing ceased, the boat, instead of going to the Invincible, returned to the harbour. A flag of truce was simultaneously hoisted by the rebels 1 See Hall, § 190. 2 ii. p. 315. Spaight, p. 229, denies that this was a case of abuse on the Ras-el-Tin fort. These deceits gave the rebels time to leave the works and to retire through the town, abandoning the forts, and withdrawing the whole of their garrison under the flag of truce.' (2) A white flag is liable to be used to make the enemy believe that a flag of truce is about to be sent, although it is not sent, so that operations may be carried out under the protection granted by the enemy to this pretended flag of truce. Both forms of abuse are gross perfidy, and may be met with reprisals, or with punishment of the offenders in case they fall into the hands of the enemy. Definition pose of Cartels. IV CARTELS Grotius, iii. c. 21, §§ 23-30-Vattel, iii. §§ 278-286-Hall, § 193-Lawrence, § 212-Westlake, ii. p. 162-Phillimore, iii. §§ 111-112-Halleck, ii. pp. 361-363-Taylor, § 509-Bluntschli, §§ 679-680-Heffter, § 142-Lueder in Holtzendorf, iv. pp. 525-529-Ullmann, § 185—Bonfils, Nos. 827 and 1280-Despagnet, No. 658-Pradier-Fodéré, vii. Nos. 2832-2837, 2888 -Rivier, ii. p. 360-Nys, iii. pp. 484-487-Calvo, iv. §§ 2419-2421Longuet, §§ 140, 141-Pillet, pp. 358, 359-Kriegsbrauch, p. 38Holland, War, No. 100, and Prize Law, §§ 32-35-Land Warfare, §§ 338-339. § 224. Cartels are conventions between belligerents and Pur- concluded for the purpose of permitting certain kinds of non-hostile intercourse between them which would otherwise be prevented by war. Cartels may be concluded during peace in anticipation of war, or during a war, and they may provide for numerous purposes. Thus, communication by post, telegraph, telephone, and railway, which would otherwise not take place, can be arranged by cartels, as can also the exchange of prisoners, or certain treatment for the wounded, and the like. Thus, further, intercourse between their subjects 1 through trade can, either with or without limits, be agreed upon by belligerents. All rights and duties originating from cartels must be complied with in the same manner and good faith as rights and duties arising from other treaties. Ships. § 225. Cartel ships 2 are vessels of belligerents which Cartel are commissioned for the carriage by sea of exchanged prisoners from the enemy country to their own country, or for the carriage of official communications to and from the enemy. Custom has sanctioned the following rules regarding cartel ships for the purpose of securing protection for them and also securing their exclusive employment as a means for the exchange of prisoners : Cartel ships must not do any trade, or carry any cargo or despatches; 3 they are, in particular, not allowed to carry ammunition or instruments of war, except one gun for firing signals. They have to be furnished with a proper document declaring that they are commissioned as cartel ships. They are under the protection of both belligerents, and may neither be seized nor appropriated. They enjoy this protection, not only when actually carrying exchanged prisoners or official communications, but also on their way home after such carriage and on their way to fetch prisoners or official communications. They lose it at once, and may consequently be seized and be appropriated, in case they do not comply, either with the general rules regarding cartel ships, or with the special conditions imposed upon them. 1 See above, § 217. But arrangements for granting passports, safeconducts, and safeguards-see above, $218 and 219-are not a matter of cartels. 2 See above, § 190. The La Rosina, (1800) 2 C. Rob. 372; The Venus, (1803) 4 C. Rob. 355. • The Daifje, (1800) 3 C. Rob. 139; The La Gloire, (1804) 5 C. Rob. 192. Purpose lations, in distinc V CAPITULATIONS AND SIMPLE SURRENDER Grotius, iii. c. 22, § 9-Vattel, iii. §§ 261-264-Hall, § 194-Lawrence, § 215 -Westlake, ii. p. 91-Phillimore, iii. §§ 122-126-Halleck, ii. pp. 354-357-Taylor, §§ 514-516-Wheaton, § 405-Moore, vii. § 1160Bluntschli, §§ 697-699-Heffter, § 142-Lueder in Holtzendorff, iv. p. 527-Ullmann, § 185-Bonfils, Nos. 1259-1267-Despagnet, No. 562Pradier-Fodéré, vii. Nos. 2917-2926-Rivier, ii. pp. 361-362-Nys, iii. pp. 487-491-Calvo, iv. §§ 2450-2452-Fiore, iii. Nos. 1495-1497, and Code, Nos. 1756-1763-Martens, ii. § 127-Longuet, §§ 151-154-Mérignhac, iii. pp. 366-373-Pillet, pp. 360-364-Bordwell, p. 294-Meurer, ii. §§ 41-42-Spaight, pp. 249-259-Kriegsbrauch, pp. 38-41-Holland, War, No. 92-Land Warfare, §§ 301-325. Character § 226. Capitulations are conventions between armed and forces of belligerents stipulating the terms of surrender of Capitu- of fortresses and other defended places, or of men-ofcontra- war, or of troops. It is, therefore, necessary to distinguish between a simple and a stipulated surrender. If one or more soldiers lay down their arms and surrender, or if a fortress or a man-of-war surrenders without making any terms whatever, there is no capitulation, for a capitulation is a convention stipulating special terms of surrender. tion to Simple Sur render. Nevertheless, simple surrender, though not a capitulation, is a convention, for it is an agreement for the cessation of hostilities whereby the vanquished party agrees that his forces shall be taken into captivity, and in the case of the surrender of a certain place, that he will give up possession without resistance, and in return the victor agrees to give quarter. Capitulations are military conventions only and exclusively; they must not, therefore, contain arrangements other than those of a local and military character concerning the surrendering forces, places, or ships. If they do contain such arrangements, the latter are not valid, unless they are ratified by the political authorities |