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A spy who, after rejoining the army to which he belongs, is subsequently captured by the enemy, is treated as a prisoner of war, and incurs no responsibility for his previous acts of espionage.
CHAPTER III.-Flags of Truce.
A person is regarded as bearing a flag of truce who has been authorized by one of the belligerents to enter into communication with the other, and who advances bearing a white flag. He has a right to inviolability, as well as the trumpeter, bugler or drummer, the flag-bearer and interpreter who may accompany him.
The commander to whom a flag of truce is sent is not in all cases obliged to receive it.
He may take all the necessary steps to prevent the envoy taking advantage of his mission to obtain information.
In case of abuse, he has the right to detain the envoy temporarily.
The envoy loses his right of inviolability if it is proved in a clear and incontestable manner that he has taken advantage of his privileged position to provoke or commit an act of treachery.
ARTICLE XXXV. Capitulations agreed upon between the contracting parties must take into account the rules of military honour.
Once settled, they must be scrupulously observed by both parties.
An armistice suspends military operations by mutual agreement between the belligerent parties. If its duration is not defined, the belligerent parties may resume operations at any time, provided always that the enemy is warned within the time agreed upon, in accordance with the terms of the armistice.
An armistice may be general or 'local. The first suspends the military operations of the belligerent States everywhere; the second only between certain fractions of the belligerent armies and within a fixed radius.
An armistice must be notified officially and in good time to the competent authorities and to the troops. Hostilities are suspended immediately after the notification, or on the date fixed.
It rests with the contracting parties to settle, in the terms of the armistice, what communications may be held in the theatre of war with the inhabitants and between the inhabitants of one belligerent State and those of the other.
Any serious violation of the armistice by one of the parties gives the other party the right of denouncing it, and even, in cases of urgency, of recommencing hostilities immediately.
A violation of the terms of the armistice by private persons acting on their own initiative only entitles the injured party to demand the punishment of the offenders or, if necessary, compensation for the Tosses sustained.
SECTION III.-MILITARY AUTHORITY OVER THE TERRITORY OF THE
Territory is considered occupied when it is actually placed under the authority of the hostile army.
The occupation extends only to the territory where such authority has been established and can be exercised.
The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.
A belligerent is forbidden to force the inhabitants of territory occupied by it to furnish information about the army of the other belligerent, or about its means of defence.
It is forbidden to compel the inhabitants of occupied territory to swear allegiance to the hostile Power.
ARTICLE XLVI. Family honour and rights, the lives of persons, and private propcrty, as well as religious convictions and practice, must be respected. Private property cannot be confiscated.
ARTICLE XLVII. Pillage is formally forbidden.
ARTICLE XLVIII. If, in the territory occupied, the occupant collects the taxes, dues, and tolls imposed for the benefit of the State, he shall do so, as far as is possible, in accordance with the rules of assessment and incidence in force, and shall in consequence be bound to defray the expenses of the administration of the occupied territory to the same extent as the legitimate Government was so bound.
ARTICLE XLIX. If, in addition to the taxes mentioned in the above Article, the occupant levies other money contributions in the occupied territory, this shall only be for the needs of the army or of the administration of the territory in question.
ARTICLE L. No general penalty, pecuniary or otherwise, shall be inflicted upon the population on account of the acts of individuals for which they cannot be regarded as jointly and severally responsible.
ARTICLE LI. No contribution shall be collected except under a written order, and on the responsibility of a Commander-in-chief..
The collection of the said contribution shall only be effected as far as possible in accordance with the rules of assessment and incidence of the taxes in force. For every contribution a receipt shall be given to the contributors.
ARTICLE LII. Requisitions in kind and services shall not be demanded from municipalities or inhabitants except for the needs of the army of occupation. They shall be in proportion to the resources of the country, and of such a nature as not to involve the inhabitants in the obligation of taking part in military operations against their
"Such requisitions and services shall only be demanded on the authority of the commander in the locality occupied.
Contributions in kind shall as far as possible be paid for in cash; if not, a receipt shall be given and the payment of the amount due shall be made as soon as possible.
ARTICLE LIII. An army of occupation can only take possession of cash, funds, and realizable securities which are strictly the property of the State, depôts of arms, means of transport, stores and supplies, and, generally, all movable property belonging to the State which may be used for military operations.
All appliances, whether on land, at sea, or in the air, adapted for the transmission of news, or for the transport of persons or things, exclusive of cases governed by naval law, depôts of arms, and, generally, all kinds of ammunition of war, may be seized, even if they belong to private individuals, but must be restored and compensation fixed when peace is made.
ARTICLE LIV. Submarine cables connecting an occupied territory with a neutral territory shall not be seized or destroyed except in the case of absolute necessity. They must likewise be restored and compensation fixed when peace is made.
ARTICLE LV. The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct.
ARTICLE LVI. The property of municipalities, that of institutions dedicated to religion, charity and education, the arts and sciences, even when State property, shall be treated as private property.
All seizure of, destruction or wilful damage done to institutions of this character, historic monuments, works of art and science, is forbidden, and should be made the subject of legal proceedings.
CONVENTION RESPECTING THE RIGHTS AND DUTIES OF NEUTRAL
POWERS AND PERSONS IN WAR ON LAND. Concluded October 18, 1907; ratification advised by Senate March
10, 1908; ratified by the President February 23, 1909; ratification deposited with the Netherlands Government November 27, 1909; proclaimed February 28, 1910.
CHAPTER 1-The rights and duties of neutral powers. I. Territory of neutral powers.
VI. Responsibility. II. Crossing territory of neutral VII. Export of arms. powers.
VIII. Use of telegraph or telephone III. Telegraph stations, etc.
cables. IV. Recruiting agencies.
IX. Impartiality. V. Duty of neutral powers.
X. Force. a The ratifications of this convention were deposited at The Hague November 27, 1909, by Germany, the United States of America, Austria-Hungary, Denmark, Mexico, the Netherlands, Russia, Sweden, Bolivia, and Salvador.
CHAPTER II--Belligerents interned and wounded tended in neutral territory.
XX. Applicability of convention. XXIII. When to come into force.
XXV. Register of ratifications.
[Translation.) His Majesty the German Emperor, King of Prussia; the President of the United States of America; the President of the Argentine Republic; His Majesty the Emperor of Austria, King of Bohemia, &c., and Apostolic Kingof Hungary; His Majesty the Kingof the Belgians; the President of the Republic of Bolivia; the President of the Republic of the United States of Brazil; His Royal Highness the Prince of Bulgaria; the President of the Republic of Chile; the President of the Republic of Colombia; the Provisional Governor of the Republic of Cuba ; His Majesty the King of Denmark; the President of the Dominican Republic; the President of the Republic of Ecuador; His Majesty the King of Spain; the President of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India ; His Majesty the King of the Hellenes; the President of the Republic of Guatemala; the President of the Republic of Haiti; His Majesty the King of Italy ; His Majesty the Emperor of Japan; His Royal Highness the Grand Duke of Luxemburg, Duke of Nassau; the President of the United States of Mexico; His Royal Highness the Prince of Montenegro; His Majesty the King of Norway; the President of the Republic of Panama; the President of the Republic of Paraguay; Her Majesty the Queen of the Netherlands; the President of the Republic of Peru; His Imperial Majesty the Shah of Persia; His Majesty the King of Portugal and of the Algarves, &c.; His Majesty the King of Roumania ; His Majesty the Emperor of Ali the Russias; the President of the Republic of Salvador; His Majesty the King of Servia ; His Majesty the King of Siam; His Majesty the King of Sweden; the Swiss Federal Council; His Majesty the Emperor of the Ottomans; the President of the Oriental Republic of Uruguay; the President of the United States of Venezuela :
With a view to laying down more clearly the rights and duties of neutral Powers in case of war on land and regulating the position of the belligerents who have taken refuge in neutral territory;
Being likewise desirous of defining the meaning of the term “neutral," pending the possibility of settling, in its entirety, the position of neutral individuals in their relations with the belligerents;