Page:The New International Encyclopædia 1st ed. v. 20.djvu/340

* WAR. 284 WAR. pened. All rights and obligations existing at the outbreak of war may no%S- be enforced, pro- vided their nature is not such as to render their performance through lapse of time or change of circumstances useless or impossible. Statutes of limitation cease to run at the outbreakof war, and on the declaration of peace they begin again as at the time of the beginning of the war. In this way the war, legally speaking, is simply wiped out. Otherwise" to hold would be mani- fest injustice; for one can hardly be blamed for not enforcing his right during the time of the statute when the court is closed to him. Official relations between the belligerents are resumed, for war of course puts an end to diplomatic in- tercourse. During the continuance of war it is customary for a neutral to offer its services so that the interests of the particular belligerent may not unduly suffer. In this way Mr. E. B. Washburne. the American Minister to France, represented German interests during the Franco- German 'ar. War may terminate in three ways: by treaty; by cessation of hostilities ; by conquest. The treaty is the usual method and is the best ; for the parties to the war can, do. and should thus settle by a careful and formal dociunent the various issues that caused the war, and provide for peaceful and harmonious relations in the fu- ture. In cases of war indemnity and cession of territory, a treaty is well-nigh indispensable. It should be said that, for purposes of public right or sovereignty, the treaty speaks from its signa- ture; but private rights determine or vest from date of ratification. (Haver vs. Yaker, 9 Wal- lace, 32.) See Treaty. The cases of mere cessation of hostilities are exceedingly rare; for it is hard to conceive how nations willingly choose to go on after, as before the war, with no precise and formal settlement of the outstanding difficulties or causes of the war. "The war between Sweden and Poland in 1716, and also the war between France and Spain in 1720, came to an end in this way. The war between Spain and her American colonies ceased in 1825, but no diplomatic relations were established with them till 1840, and the independ- ence of Venezuela was not recognized till 1850. After the hostilities between France and Mexico (1802-67), no diplomatic relations were entered into till 1881." (Wilson and Tucker. Interna- tional Lair, p. 271.) In justice to neutrals, an official statement of the termination of hostili- ties should be made : otherwise the uncertainty of the exact status will seriously interfere with neutral trade. If. however, no treaty or declara- tion be made, peace may be established as a fact and dates from the last warlike act. As regards conquest made during the war, the principle of «(i possidetis obtains, that is each belligerent re- tains what it holds or occupies at the conclusion of hostilities. If territory is thiis occupied and possessed, the laws and customs remain in force until changed by the new sovereign, and the same is true in case of a treaty unless specific rules and reguhitions are agreed upon and incorpo- rated into the document. A leading case on this subject is Leitcnsdorfer rs. Wriih (20 Howard, lift), and the subject incidentally underwent much discussion in the recent Insiilar eases (182 U. S., 1 et scq. ). In the case of conqiiest, the conquered State or Territory is absorbed in the conqueror, and, succeeding to its rights and merits, it likewise assumes its debts and obliga- tions. If part of a State or province be ab- sorbed, the rights and duties are apportioned between the belligerents. While the parties to a contest are more inti- matel.v concerned by its effects, third jiarties or neutrals are nevertlicless interested. Their trade is necessarily interrupted and at times sus- pended; for military and naval operations do not accord well with trading and peaceful pur- suits. The theory of neutrality is that the stranger to the contest takes no part whatever in it, and prevents its subjects directly or indi- rectly so far as possible from aiding either bel- ligerent. Nor should it allow its ports to be used as a basis for hostile operations, supply sta- tions, or ports of shelter. A neutral may, how- ever, trade with either belligerent or both, in all articles except those denominated contraband of war. (Xuval Code. Arts. 34-30.) (See Cox- TRAB.4.XD OF WAR; 1nTERX.4.TI0>-AL LaW. ) The neutral should not seek to enter a blockaded port of a belligerent, for by so doing it interferes with military or naval operation and furnishes the blockaded port with supplies and articles of trade. (Xaval Code, Arts. 37-45.) (See Block- ade; Ixterxatioxal L.w.) To see that neu- tral vessels do not carry articles of contra- band and that such neutral vessels are not des- tined for a blockaded port, belligerents possess and exercise the right to visit and search neutral vessels. CXaval Code, Articles 30-33.) This is strictly a war right and does not exist in peace. See Search, Eight of: Xeutrality. An unrecognized rebellion is treated according to the law of the country where it occurs: for rebels as such have no standing in international law. ( See Rebellion ; Treason. ) Vessels of un- recognized insurgents on the high seas are treated as technical pirates: but if they confine their operations to the vessels and commerce of the mother country they are clearly not guilty of piracy. See Pibact. For embargo, reprisal, retorsion, pacific block- ades, military commissions, and martial law, see these articles. Prlsoners of War. "A prisoner of war is a public enemy armed or attached to the hostile army for active aid, who has fallen into the hands of the captor . . . by individual surrender or by capitulation. -Ml soldiers, of yhatever spe- cies of arms; all men who belong to the rising en masse of the hostile country [not already oc- cupied by an invading army; -Art. 52] : all those who are attached to the army for its efficiency and promote direcfly the object of the war or elsewhere, if caiitured: all enemies who have thrown away their arms and ask for quarter [which may not be refused except in 'great straits' or in retaliation; ,rts. 60-06], are pris- oners of war and as such exposed to the incon- veniences as well as entitled to the privilege of a prisoner of war." {Insirnrtinns for United Slates Armies, Article 40). In addition, sutlers, edi- tors,, reporters of journiils, or contractors may be made prisoners of war (Art. 50). Chaplains, of- ficers of the medical staff, apothecaries, hospital nurses, and servants are not prisoners of war
 * all disabled men or officers on the field