2. Acquisition of parts of a State 3. Subjugation of an entire State 4. Retroactive effect of confirmation of conquest Laws contrary to fundamental principles of new sovereignty 501 5. Of allies who are associates in the war INTERNATIONAL LAW. CHAPTER XVIII. MEANS AND INSTRUMENTS FOR CARRYING ON WAR. 1. Duty to serve and defend the State-2. Persons exempt from military duty-3. If such persons engage in hostilities-4. In whom is vested the right to raise troops-5. Duty of a State to support its troops-6. Pensions, asylums, hospitals, &c.-7. Use of mercenaries -8. Of partisans and guerilla troops-9. Insurgent inhabitants and levies en masse-10. Hostile acts of private persons on the high seas -11. Use of privateers-12. Privateers not used in recent wars13. Declaration of the Conference of Paris in 1856-14. How received by other States-15. Privateers, by whom commissioned-16. Treaty stipulations respecting privateers-17. Implements of war-18. Use of poisoned weapons-19. Poisoning wells, food, &c.-20. Assassination of an enemy-21. Surprises-22. Allowable deceptions— 23. Stratagems-24. Use of a false flag at sea-25. Deceitful intelligence.-26. Employment of spies-27. Cases of Hale and André-28. Rewarding traitors-29. Intestine divisions of enemy's subjects. 1. As a general rule, every citizen is bound to serve and defend the State of which he is a member, as far as he is capable. This concurrence, for the common defence and general security, is one of the principal objects of every political association, and without this, society could not be maintained. When, therefore, a State has declared war, every citizen is bound to assist in carrying it to a successful conclusion, whatever may be his individual opinion of the necessity or propriety of the resort to arms by his own Government. Even though he may not deem the objects of the war justifiable, or its motives commendable, he is, nevertheless, bound to stand by the State in the prosecution of that war. This, however, will not pre vent his directing his best efforts and influence to bring about a just and satisfactory settlement of the causes of the war. If he thinks that his own Government has entered into the contest rashly and inconsiderately, he may seek to convince it of its error, and to induce a withdrawal or modification of its pretensions, and a concession of some of the enemy's demands; but, however justifiable and proper his efforts to restore peace, till this is effected the State is entitled to his services in carrying on the war. § 2. Although every man, capable of bearing arms, is bound to take them up if required, in the service of the State, this duty is limited and regulated by municipal law. At present most nations maintain regular military and naval forces, which are increased in time of war by volunteers, militia, or new levies. Moreover, the soldiers and sailors required for carrying on military operations are generally enlisted without compulsion, which greatly mitigates the evils of war. Even where levies are made to fill up the ranks of the army, or to supply the navy, the great body of the people are left to pursue their ordinary peaceful avocations.2 Occasionally, however, the public authorities of particular places call out all citizens capable of carrying arms; but even then there are certain classes exempt from military duty. Old men, women and children are, in general, unfit for the occupation of war, being incapable of handling arms, or of supporting the fatigues of military service. Magistrates, and other civil officers, are exempted, their time being occupied in the administration of justice and the maintenance of order. The clergy are also usually exempted from military service, the duties of their profession being deemed incompatible with those of war. All these classes, which, by general usage, or the municipal laws of the belligerent State, are exempt from military duty, 1 The laws, rights, and duties of war are applicable not only to the army, but likewise to militia and corps of volunteers complying with the following conditions:-1. That they have at their head a person responsible for his subordinates; 2. That they wear some settled, distinctive badge recognisable at a distance; 3. That they carry arms openly; and 4. That, in their operations, they conform to the laws and customs of war. In those countries where the militia form the whole or part of the army, they shall be included under the denomination of 'Army.'-Brussels Conference, 1874, Art. 9. 2 It is obvious that in the present condition of Europe, and the means adopted by the several great military powers to increase their forces, the text would admit of very considerable qualifications. |