The Essentials of International Public Law and Organization

By Amos S. Hershey | Go to book overview

CHAPTER XXVII
THE LAWS OF LAND WARFARE

351. The Chief Means and Aims of Land Warfare . -- Land warfare has two main aims -- the reduction or defeat of the enemy's armed land forces, and the temporary occupation and administration of the whole or a portion of the enemy's territory. The chief means by which it is sought to accomplish these ends are the application of armed force and the enforcement of military or martial law. The law of military occupation will be dealt with in the following chapter.


1. LAWFUL BELLIGERENTS

352. Who are Lawful Belligerents? -- The Hague Regulations respecting the Law and Customs of War on Land lay down these definite rules relating to lawful belligerents:

"The laws, rights and duties of war apply not only to the army, but also to militia and volunteer corps fulfilling the following conditions: (1) To be commanded by a person responsible for his subordinates; (2) To have a distinctive emblem fixed and recognizable at a distance. (3) To carry arms openly; and (4) To conduct their operations in accordance with the laws and customs of war. In countries where militia or volunteer corps constitute the army, or form part of it, they are included under the denomination 'army' " (Art. 1.).1

____________________
1
H. R. ( 1899 and 1907), Art. 1. Cf. B. D. (Brussels Declaration of 1874), Art. 9, of which H. R., 1 is almost an exact verbal reproduction. For the text of B. D., see Higgins, The Hague Peace Conferences ( 1909), 273 ff.; or Scott, Texts of the Peace Conferences at the Hague ( 1908), 382 ff.

These conditions were not observed by the Prussians during the Franco- German War of 1870-1871. They required that "every prisoner, in order to be treated as a prisoner of war, shall prove that he is a French soldier by showing that he has been called out and borne in the lists of a military organized corps, by an order emanating from the legal authority and addressed to him personally" -- an impossible requirement. They also required an emblem or distinctive mark, clearly distinguishable at rifle distance -- an absurd condition in these days of long-distance firing. See especially: Bordwell, 90 ff.; Hall, § 179; Lawrence, § 196; * Spaight, 41-46; and 2 Westlake (1st ed.), 61.

-577-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The Essentials of International Public Law and Organization
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 784

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

    Already a member? Log in now.