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.
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____________________
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.