taken from the enemy, at the same time leaving the enemy to keep and provide for those of his own people, which the latter

The flag and the arm-badge shall bear a red cross on a white ground.

ART. VIII. The details of execution of the present convention shall be regulated by the commanders-in-chief of belligerent armies, according to the instructions of their respective Governments, and in conformity with the general principles laid down in this convention.

ART. IX.-The high contracting Powers have agreed to communicate the present convention to those Governments which have not found it convenient to send plenipotentiaries to the International Conference at Geneva, with an invitation to accede thereto; the protocol is for that purpose left open.

ART. X.-The present convention shall be ratified and the ratifications shall be exchanged at Berne in four months, or sooner if possible.

In 1868 the following additional articles were proposed and signed at Geneva on behalf of Great Britain, Austria, Baden, Bavaria, Belgium, Denmark, France, Italy, Netherlands, North Germany, Sweden and Norway, Switzerland, Turkey and Würtemberg. On July 22, 1870, it was stated by the Swiss Government that all those States on whose behalf the original convention had been signed had adhered to the additional articles, Rome and Spain excepted, but that Russia, whilst agreeing to the additional articles, proposed a supplement to Art. XIV., with the view of preventing the abuse to the distinguishing flag of neutrality; that it could not be expected that the declarations of all the contracting States would be received directly, and consequently the final adoption of the additional articles could not take place till a more or less distant time; that the Federal Council of Switzerland had proposed to the North German Confederation and to France to recognise the Convention of Geneva with the additional articles during the war which had just broken out (the Franco-German war), as a modus vivendi, and that those Powers had readily acceded to the proposal.

THE ADDITIONAL ARTICLES are as follows:

ART. I.-The persons designated in Article II. of the convention shall, after the occupation by the enemy, continue to fulfil their duties, according to their wants, to the sick and wounded in the ambulance or the hospital which they serve. When they request to withdraw, the commander of the occupying troops shall fix the time of departure, which he shall only be allowed to delay for a short time in case of military necessity.

ART. II.-Arrangements will have to be made by the belligerent Powers to ensure to the neutralised person, fallen into the hands of the army of the enemy, the entire enjoyment of his salary.

ART. III.-Under the conditions provided for in Articles I. and IV. of the convention, the name ambulance applies to field hospitals and other temporary establishments, which follow the troops on the field of battle to receive the sick and wounded.

ART. IV. In conformity with the spirit of Article V. of the convention and to the reservations contained in the protocol of 1864, it is explained, that for the appointment of the charges relative to the quartering of troops, and of the contributions of war, account only shall be taken in an equitable manner of the charitable zeal displayed by the inhabitants. ART. V.—In addition to Article VI. of the convention, it is stipulated that, with the reservation of officers whose detention might be important to the fate of arms and within the limits fixed by the second paragraph.

may have captured. In such a case, he cannot expect the opposing belligerent to provide for the support of prisoners of that article, the wounded fallen into the hands of the enemy shall be sent back to their country, after they are cured, or sooner if possible, on condition, nevertheless, of not again bearing arms during the continuance of the war.

ART. VI.—The boats which, at their own risk and peril, during and after an engagement pick up the shipwrecked or wounded, or which, having picked them up, convey them on board a neutral or hospital ship, shall enjoy, until the accomplishment of their mission, the character of neutrality, as far as the circumstances of the engagement and the position of the ships engaged will permit.

The appreciation of these circumstances is entrusted to the humanity of all the combatants. The wrecked and wounded thus picked up and saved must not serve again during the continuance of the war.

ART. VII.—The religicus, medical, and hospital staff of any captured vessel are declared neutral, and, on leaving the ship, may remove the articles and surgical instruments which are their private property.

ART. VIII. The staff designated in the preceding article must continue to fulfil their functions in the captured ship, assisting in the removal of wounded made by the victorious party; they will then be at liberty to return to their country in conformity with the second paragraph of the first additional article.

The stipulations of the second additional article are applicable to the pay and allowance of the staff.

ART. IX.-The military hospital ships remain under martial law, in all that concerns their stores; they become the property of the captor, but the latter must not divert them from their special appropriation during the continuance of the war.

The vessels not equipped for fighting which, during peace, the Government shall have officially declared to be intended to serve as floating hospital ships, shall, however, enjoy during the war complete neutrality, both as regards stores, and also as regards their staff, provided their equipment is exclusively appropriated to the special service on which they are employed.

ART. X.-Any merchantman, to whatever nation she may belong, charged exclusively with removal of sick and wounded, is protected by neutrality, but the mere fact, noted on the ship's books, of the vessel having been visited by an enemy's cruiser renders the sick and wounded incapable of serving during the continuance of the war. The cruiser shall even have the right of putting on board an officer in order to accompany the convoy, and thus verify the good faith of the operation.

If the merchant ship also carries a cargo, her neutrality will still protect it, provided that such cargo is not of a nature to be confiscated by the belligerent.

The belligerents retain the right to interdict neutralised vessels from all communication, and from any course which they may deem prejudicial to the secrecy of their operations. In urgent cases special conventions may be entered into between commanders-in-chief, in order to neutralise temporarily and in a special manner the vessels intended for the removal of the sick and wounded.

ART. XI.-Wounded or sick sailors and soldiers, when embarked, to whatever nation they may belong, shall be protected and taken care of by their captors.

Their return to their own country is subjected to the provisions of Article VI. of the convention, and of the additional Article V.

ART. XII.-The distinctive flag to be used with the national flag, in

thus retained, and the laws of war as well as of humanity require, that he himself shall provide, in a proper manner, for

order to indicate any vessel or boat which may claim the benefits of neutrality, in virtue of the principles of this convention, is a white flag with a red cross. The belligerents may exercise in this respect any mode of verification which they may deem necessary.

Military hospital ships shall be distinguished by being painted white outside, with green strake.

ART. XIII.-The hospital ships which are equipped at the expense of the aid societies, recognised by the Governments signing this convention, and which are furnished with a commission emanating from the sovereign, who shall have given express authority for their being fitted out, and with a certificate from the proper naval authority that they have been placed under his control during their fitting out and on their final departure, and that they were then appropriated solely to the purpose of their mission, shall be considered neutral, as well as the whole of their staff. They shall be recognised and protected by the belligerents.

They shall make themselves known by hoisting, together with their national flag, the white flag with a red cross. The distinctive mark of their staff, while performing their duties, shall be an armlet of the same colours.

The outer painting of these hospital ships shall be white with red strake.

These ships shall bear aid and assistance to the wounded and wrecked belligerents without distinction of nationality.

They must take care not to interfere in any way with the movements of the combatants. During and after the battle they must do their duty at their own risk and peril.

The belligerents shall have the right of controlling and visiting them; they will be at liberty to refuse their assistance, to order them to depart, and to detain them if the exigencies of the case require such a step.

The wounded and wrecked picked up by these ships cannot be reclaimed by either of the combatants, and they will be required not to serve during the continuance of the war.

ART. XIV.—In naval wars any strong presumption that either belligerent takes advantage of the benefits of neutrality, with any other view than the interest of the sick and wounded, gives to the other belligerent, until proof to the contrary, the right of suspending the convention, as regards such belligerent.

Should this presumption become a certainty, notice may be given to such belligerent that the convention is suspended with regard to him during the whole continuance of the war.

ART. XV. The present Act shall be drawn up in a single original copy, which shall be deposited in the Archives of the Swiss Confederation.

The Brussels Conference, 1874, declares:—Art. 35. The duties of belligerents with regard to the treatment of sick and wounded are regulated by the Convention of Geneva of August 22, 1864, subject to the modifications which may be introduced into that Convention.

During the Franco-Prussian war, 1870, French medical officers, protected by the badge of Geneva, attended their own wounded at Soulz les Forêts after the battle of Woerth. Even irregular workers under the Geneva badge, although arrested, were not detained by either side. It was reported by the German commandant at Lichtenberg that the French had fired on the Geneva badge, and that Turcos had cut off an

their subsistence. After the fall of Tarragona in 1811, Suchet, the French commander, offered to exchange his Catalonian prisoners, the best soldiers in Spain, for the French prisoners confined at Cabrera, men utterly ruined in constitution by their cruel captivity. Cuesta, the Spanish general, was disposed to accede to the proposition, but the Regency, at the request of Wellesley, the British envoy, peremptorily forbad the exchange; and the French prisoners therefore remained, says Napier, 'a disgrace to Spain, and to England, for if her envoy interfered to prevent their release, she was bound to insist, that thousands of men, whose prolonged captivity was the result of her interference, should not be exposed on a barren rock, naked as they were born, and fighting for each other's miserable rations, to prolong an existence inconceivably wretched.'

§ 17. Where circumstances render it obligatory upon the officer's head and killed some wounded men. The Crown Prince remarked that the Geneva flag had been fired on several times. (Russell, Diary during the War.)

The Prussians, during their occupation of Versailles, required a bulletin of the health of the wounded Frenchmen, lying in the hospital of that town, to be sent to the commanding general every morning. The convalescents received an immediate order to leave for Germany, as prisoners of war. Their departure from the hospital was watched by armed soldiers. The chief physician protested against their removal, as contrary to the fifth additional article of the above Convention, but in vain. (Delerot, Versailles, 1870.)

On the 21st December 1870, a German official gave notice, in writing, to the International French Society of Versailles, that it was dissolved, and that the members of ambulances, who were not native of Versailles, were to leave, for the adjoining departments, within the space of two days. It is unknown, from whose authority this order emanated, but the Prussian commanding general annulled it, and requested the society to continue their duties. (Ibid.)

At Rouen, the Geneva flag was employed by the French to protect a hearse. (Edwards, The Germans in France.)

Although the United States have not acceded to the Geneva Convention, an Association for the Relief of the Misery of Battle-fields' has been formed in America. Moreover, the principles of the Convention are in great measure adopted in their Instructions for the government of armies in the field.' (See p. 36 et seq.)

1 Napier, Hist. Peninsular War, vol. ii. p. 409. In 1809, the Spaniards had sent thousands of prisoners of war to the Balearic Isles without any order for their subsistence, and the Junta, when remonstrated with, cast 7,000 ashore on the little desert rock of Cabrera. At Majorca numbers had been massacred by the inhabitants in the most cowardly and brutal manner, but those left on Cabrera suffered miseries that can scarcely be described. Afflicted with hunger, thirst, and nakedness, they lived like wild beasts. Less than 2,000 remained to tell the tale of this inhumanity.

captor to support the prisoners which he has taken, this support is usually limited to the regular provision ration, and such clothing and fuel as may be absolutely necessary to prevent suffering. Officers and other persons who have the means of paying for their support cannot require any assistance from the captor. But such as have no money, are certainly entitled to an allowance sufficient for personal comfort; and modern custom and military usage require that it should be proportioned to the rank, dignity, and character of the prisoner. It, however, can never properly be required for any considerable length of time, as prisoners of this description are bound to provide for their own support as soon as they can procure the means of doing so. The moneys expended for the support of prisoners of war, may constitute a just demand for reimbursement on the conclusion of peace. Indeed, all moneys expended for the support of prisoners of war, under ordinary circumstances, are deemed to be on account of their own Government, and such amounts are either settled by commissioners during the war, or become subjects of stipulations in a treaty of peace.'

§ 18. As there is usually no very great disparity of numbers in the prisoners taken by the opposing belligerents in the course of the war, it is the more modern custom for each captor to support those who may fall into his hands till an exchange can be effected, and a cartel for this purpose is usually negotiated at the earliest possible opportunity. The burthen of supporting the prisoners taken during the war is thus not unequally distributed. It, however, sometimes happens that so very large a number are taken by one party, as to leave no probability of an immediate exchange. The captor is then left the alternative to support them, or to release them on parole. But should they refuse to give their parole, or should their own Government forbid their doing so? In the first case they must suffer the consequences of their own obstinacy; and, in the second case, their own Government has no right to forbid their release on parole, unless at the same time it provides the means for their support during their imprisonment. Attempts have sometimes been made to annul such engagements, and to force released prisoners Wildman, Int. Law, vol. ii. p. 26; Garden, De Diplomatie, liv. vi. 19: Scott, United States Army Regulations of 1825, §§ 709, 716.