International Law and the World War, Том 2

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Longmans, Green, 1920 - 534 страница

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The Camp at Wittenberg
18
Gardelegen and Other bad Camps
20
Mixing of Prisoners of Different Nationalities
23
Regulations and Practice as to Clothing
24
CHAPTER XXII
28
The British and French Ration
29
The German Ration
30
Dependence of British and French Prisoners on Parcels from Home
32
CONTENTS vii
33
British and French Complaints
34
Regulations and Practice as to Postal Correspondence
36
Complaints as to German Policy
37
Employment of Prisoners
40
German Practice
41
Employment of Prisoners Behind the Firing Line
44
Pay for Prison Labor
45
Punishment and Discipline
46
Reprisal Measures
49
Differential Treatment of Prisoners Captured on German Submarines
50
Other Reprisals and Threats of Reprisals
51
Exchange of Civilian Prisoners
53
Transfer of Wounded and Invalided Prisoners to Switzerland
55
Repatriation of Prisoners in Long Captivity
56
CHAPTER XXIII
58
Revocation of Consular Exequaturs
59
Powers of the GovernorGeneral
62
Powers of the Local Authorities Taken Over
63
V
65
Restrictions in Respect to Personal Liberty
68
Restrictions in Respect to Patriotic Demonstrations
70
German Measures in Respect to Education
72
Movement to Detach Flemish Belgium Transformation of the Uni versity of Ghent into a Flemish Institution
74
Deportation of Professors Pirenne and Frédéricq
76
Right of a Military Occupant to Interfere with Educational Institu tions
77
Division of Belgium into Two Districts
78
CHAPTER XXIV
81
Creation of Special Civil Tribunals
83
Right of a Military Occupant to Establish Special Tribunals
85
German Practice Criticised
88
Measures Against the Belgian Judiciary in 1918
89
The Germans Take over the Whole Administration of Justice in Belgium
91
The German Regime of Criminal Repression in Belgium
92
Criticism of the German Theory of War Treason
93
Condemnations by the German Tribunals
96
Execution of Women Case of Edith Cavell
97
The German Defence
99
Past Practice as to the Execution of Women for War Crimes
102
Observations on the Cavell Case
104
CHAPTER XXV
106
German Contributions During the Recent War
108
The General Contribution on Belgium
112
Provisions of the Hague Convention in Respect to Contributions
113
Purposes for which Contributions may be Levied
114
The Decuple Tax on Belgian Refugees
116
Requisitions of Supplies
117
Provisions of the Hague Convention in Respect to Requisitions I 22
122
Requisition of Live Stock for Transportation to Germany
123
Requisition of Railway Material
127
Cutting of Forests
128
Seizure of Funds of Private Banks and Postoffices
129
Requisition of Services for Military Work
132
Requisition of Guides
135
Views of the Authorities
137
CHAPTER XXVI
140
German Policy During the War of 187071
141
Fines Imposed on Belgian Towns and Cities During the Recent War
143
Proclamations Threatening Collective Punishment
150
Fines on French Towns and Cities
151
Views of German Jurists and Military Writers
154
The Rule of the Hague Convention
156
Interpretation of the Hague Rule
157
German Policy Criticised
159
Concluding Observations
161
CHAPTER XXVII
163
Deportations from France in 1916
164
Manner of Execution of the Measure
166
Protests Against the Deportations
167
Treatment of the French Deportes
168
The German Defence
169
The German Defence Analyzed
170
Deportations from Belgium
171
Manner of Execution
172
Treatment of the Belgian Deportés
175
Allied Protests Against the Deportation Measures
176
Neutral Protests
177
German Defence of the Policy of Deportation
178
Economic Argument and Question of Public Order
180
The German Defence Analyzed
181
German Policy Unprecedented in Modern Times 1836
183
Conclusion
184
THE GERMAN INVASION OF BELGIUM SECTION PAGE 431 The Neutralization of Belgium
186
The Treaties of 1870
187
The German Ultimatum to Belgium
188
Reply of the Belgian Government and the German Invasion
189
Questions of International Law Involved
190
The German Pretext of Military Necessity
191
The Right of SelfPreservation
193
The German Theory of Military Necessity Kriegsmanier v Kriegs raison
195
Criticism of the German Theory of Kriegsraison
196
Military Necessity as a Defence for the Invasion of Belgium
198
The German Argument Analyzed
201
CHAPTER XXIX
203
tions
206
May a Neutralized State Enter into Alliances?
209
Effect of the Treaties of 1870 on the Neutralization Treaty
210
Was the Treaty of 1839 Binding on the German Empire in 1914?
212
The Provisions of the Hague Convention in Respect to the Inviola bility of Neutral Territory
214
The Rebus Sic Stantibus Argument
217
Evaluation of the German Arguments
220
The Right of Passage in Time of War
221
Duty of the Guarantors of the Neutralization of Belgium
227
CHAPTER XXX
231
Invasion of Luxemburg by the Germans in 1914
233
The German Plea Analyzed
234
Invasion of Belgium and Luxemburg Compared
235
Conclusion
236
SECTION PAGE 460 The Japanese Proceedings
237
Chinese Concession of a War Zone
238
Seizure of Chinese Railways
239
The Japanese Defence Reviewed
240
The AngloFrench Measures Compared with the German Invasion of Belgium
250
The Purpose of the Allied Measures
253
CHAPTER XXXI
256
Russian Practice in 19045
257
Prize Regulations of Other States
258
English Opinion as to the Legality of Neutral Prize Destruction
261
English Judicial Authority
262
Views of Continental Publicists
263
Discussion at the Second Hague Conference
264
Discussion at the International Naval Conference 19089
266
Rules of the Declaration of London
268
Practice During the Recent War
269
485 Case of the Frye
270
Case of the Maria
271
Losses of the Spanish Merchant Marine
273
Losses of Denmark and Sweden
275
Destruction of Norwegian Ships
276
Total Losses of Neutral Merchant Marines
277
The German Defence
278
Conclusion
281
Status of Neutral Property Destroyed on Enemy Merchantmen
283
CHAPTER XXXII
285
SECTION PAGE 497 Protests Against the Disregard of the Declaration of London
288
Cotton as Contraband
289
Food Stuffs as Contraband
291
Extension of the Doctrine of Continuous Voyage to the Carriage of Conditional Contraband
295
History of the Doctrine of Continuous Voyage
297
Neutral Embargoes on Exportations to Belligerent Territory 299 1
299
British and American Practice Compared 300
300
Defense of the Doctrine of Continuous Voyage Under Modern Con ditions
302
The Case of the Kim and Others
303
French Cases
309
German Cases
311
508a Conclusion 313 1
313
CHAPTER XXXIII
317
Some Examples of Legal Blockades
318
The German Submarine Blockade of England 511 The AngloFrench Blockade of Germany
319
Criticism of the Proposed Blockade
320
The Order in Council of March 11
323
Character of the Blockade thus Proclaimed
324
The British Defence
325
Legality of the AngloFrench Blockade
328
Charge that the Blockade Applied to Neutral Ports
330
Extension of the Doctrine of Continuous Voyage to Blockade Running
331
Defence of the Doctrine
333
Popular Demand in England for a Real Blockade
334
German Criticism of the Blockade as a Starvation Measure 336 1
336
Attitude of the British and French Governments in Regard to the Ad mission of Hospital Supplies to Germany
339
Admission of Food Supplies to the Occupied Districts of Belgium France and Poland
340
The Problem of Preventing Commerce with the Enemy
342
The System of Rationing Neutrals
344
Neutral Protests
345
American Policy
346
Other Expedients
347
CHAPTER XXXIV
350
Early Measures of the British and French Governments
351
SECTION PAGE 534 Neutral Protests
353
Provisions of the Hague Convention Regarding Postal Correspondence
355
Attitude of the American Government
357
Views of the British and French Governments
359
Case of Piepenbrink
362
Cases of Garde and Others
365
Seizures on the China 306
366
What Persons are Liable to Seizure on Neutral Vessels?
367
Views of the Authorities
368
Practice of the Past
370
Case of the Fredrico
371
Status of Despatch Bearers on Neutral Vessels
373
CHAPTER XXXV
375
Are Neutrals Bound to Prohibit Such Traffic?
376
Views of German Writers Before the War
378
Practice in Former Wars American Policy
382
British and French Practice
385
German Practice
389
Instances of Embargoes on the Exportation of Arms and Munitions
393
Protests of the German and Austrian Governments in 1915
394
Their Contentions Analyzed
395
The Question of Moral Obligation to Forbid Such Trade
399
Analysis of the Arguments
400
Practical Difficulties in the Way of Prohibition
402
Legality of the Alteration of the Rule During War
405
CHAPTER XXXVI
408
Submarine Cables and Wireless Telegraphy
410
Procuring Supplies in Neutral Ports
415
Violation of Neutral Waters by Belligerent War Ships
419
Internment of Belligerent Warships with their Officers and Crews in Neutral Ports
422
Treatment of Submarine in Neutral Waters
430
Commercial Submarines Case of the Deutschland
437
Taking of Prizes into Neutral Ports
438
Case of the Appom
439
Hovering of Warships off Neutral Ports
443
Submarine Operations off the American Coast
445
Transit Across Neutral Territory of Materials Susceptible of Military Use
446
Navigation of the River Scheldt by Belligerents
450
CHAPTER XXXVII
452
Effect of the War on the Laws of Maritime Warfare Blockade
453
Contraband
455
The Freedom of the Seas
457
The Need of New Regulations
460
Necessity of an International Conference
463
CHAPTER XXXVIII
465
Lack of Effective Sanctions
467
Indemnity for Damages
469
Penal Clauses of the Treaty of Peace
471
The Principle of Personal Responsibility of Soldiers for Criminal Acts
472
Provisions of Military Manuals
474
Difficulties of Application
475
Punishment of Crimes Committed in Foreign Territory 78
481
The Plea of Superior Command
483
Responsibility of Chiefs of States
488
Decision of the Peace Conference Regarding the Trial of the German Emperor
490
Decision of the Peace Conference Considered
493
Precedents for the Trial of Chiefs of States
495
Immunity of Chiefs of States
497
New Attitude Toward Violations of International Law
498
Outlook for the Future
501
BIBLIOGRAPHY
505
INDEX
519
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Страница 492 - The Allied and Associated Powers publicly arraign William II of Hohenzollern, formerly German Emperor, for a supreme offence against international morality and the sanctity of treaties.
Страница 382 - In pursuance of this policy, the laws of the United States do not forbid their citizens to sell to either of the belligerent powers articles contraband of war or take munitions of war or soldiers on board their private ships for transportation; and although in so doing the individual citizen exposes his property or person to some of the hazards of war, his acts do not involve any breach of national neutrality nor of themselves implicate the Government.
Страница 85 - 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.
Страница 188 - On the other hand, if there were a violation of the neutrality of Belgium by one combatant while the other respected it, it would be extremely difficult to restrain public feeling in this country.
Страница 192 - Government had been obliged to take this step, namely, that they had to advance into France by the quickest and easiest way, so as to be able to get well ahead with their operations and endeavor to strike some decisive blow as early as possible. It was a matter of life and death for them, as if they had gone by the more southern route they could not have hoped, in view of the paucity of roads and the strength of the fortresses, to have got through without formidable opposition entailing great loss...
Страница 291 - Foodstuffs, though having a hostile destination, can be considered as contraband of war only if they are for the enemy's forces; it is not sufficient that they are capable of being so used, it must be shown that this was in fact their destination at the time of their seizure.
Страница 377 - Our citizens have been always free to make, vend and export arms. It is the constant occupation and livelihood of some of them. To suppress their callings, the only means perhaps of their subsistence, because a war exists in foreign and distant countries, in which we have no concern, would scarcely be expected. It would be hard in principle, and impossible in practice.
Страница 188 - French Government are resolved to respect the neutrality of Belgium, and it would only be in the event of some other Power violating that neutrality that France might find herself under the necessity, in order to assure the defence of her security, to act otherwise.
Страница 259 - ... 28. If there are controlling reasons why vessels may not be sent in for adjudication, as unseaworthiness, the existence of infectious disease, or the lack of a prize crew, they may be appraised and sold; and if this can not be done they may be destroyed. The imminent danger of recapture would justify destruction, if there was no doubt that the vessel was good prize. But, in all such cases, all the papers and other testimony should be sent to the prize court, in order that a decree may be duly...
Страница 122 - 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.

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