Chapter IV Wills, death attendance at their own church service, provided only they comply with the regulations for order and police ordinances issued by the military authorities. ARTICLE 19. The wills of prisoners of war shall certificates, be received or drawn up on the same conditions as for soldiers of the national army. and burials. Repatriation. Suggestions of M. Rom The same rules shall be observed regarding death certificates, as well as for the burial of prisoners of war, due regard being paid to their grade and rank. ARTICLE 20. After the conclusion of peace, the repatriation of prisoners of war shall take place as speedily as possible. M. Beernaert of Belgium most properly called the berg-Nisard. attention of the Committee and of the Conference to the fact that the humane provisions contained in Articles XI to XX were first suggested by M. Romberg-Nisard, the Belgian philanthropist, who, after having been particularly active in relieving the sufferings of prisoners of war during the war of 1870, never ceased to agitate in favor of more humane treatment of the sick, wounded, and prisoners in wars of the future. At the Conference of Brussels of 1874, the Belgian Government, through Baron Lambermont, officially proposed the adoption of six Articles regarding societies for the relief of prisoners of war, and all of these suggestions are contained in the Articles as adopted at the Peace Conference. Francis The idea of codifying the laws of war in their of the laws of entirety originated with the late Francis Lieber, Professor of Political Science and International Law at Columbia University, New York. He was also the war. author of the code approved by President Lincoln and Chapter IV formulated in 1863 as General Order No. 100 for the government of the United States armies in the field by General Halleck. This Order, as was said by M. de Martens at The Hague, has remained the basis of all subsequent efforts in the direction of humanization of war. Chapter III. Of the Sick and Wounded Convention. ARTICLE 21. The obligations of belligerents with Application regard to the sick and wounded are governed by the of the Geneva Geneva Convention of August 22, 1864, subject to any modifications which may be introduced into it. SECTION II. ON HOSTILITIES Chapter I. Of Means of injuring the Enemy, Sieges, and Bombardments ARTICLE 22. The right of belligerents to adopt Limitations. means of injuring the enemy is not unlimited. prohibitions. ARTICLE 23. Besides the prohibitions provided by Special special Conventions, it is especially prohibited :(a) To employ poison or poisoned arms; (b) To treacherously kill or wound individuals belonging to the hostile nation or army; (c) To kill or wound an enemy who, having laid down arms, or having no longer any means of defence, has surrendered at discretion; (d) To declare that no quarter will be given; (e) To employ arms, projectiles, or material of a nature to cause superfluous injury; (f) To make improper use of a flag of truce, the national flag, or military ensigns, and the enemy's Chapter IV uniform, as well as the distinctive badges of the Geneva Convention; Ruses permitted. Prohibition of an attack on undefended places. (g) To destroy or seize the enemy's property, unless such destruction or seizure be imperatively demanded by the necessities of war. ARTICLE 24. Ruses of war and the employment of methods necessary to obtain information about the enemy and the country are considered allowable. ARTICLE 25. The attack or bombardment of towns, villages, habitations, or buildings which are not defended, is prohibited. The Articles adopted in the Brussels Conference of 1874 contained the provision: "Only fortified places can be besieged." This provision was stricken out upon the motion of General Gross von Schwarzhoff of Germany, for the reason that on the one hand it was superfluous, and on the other hand it seemed to leave out all account of temporary fortifications, which experience has shown to be of great importance. The German representative instanced the case of Plevna in the Russo-Turkish War, and soon after the adjournment of the Conference, his views upon this subject received very striking confirmation in the notable defences of Ladysmith, Kimberley, and Mafeking. Upon the motion of the same delegate, it was expressly noted in the report of the Committee that this article by no means prohibited the destruction of any buildings, when required by military necessities. ARTICLE 26. The Commander of an attacking Chapter IV force, before commencing a bombardment, except in warning of the case of an assault, should do all he can to warn bombardthe authorities. ment. certain ARTICLE 27. In sieges and bombardments, all Immunity for necessary steps should be taken to spare as far as edifices and possible edifices devoted to religion, art, science, places. and charity, hospitals, and places where the sick and wounded are collected, provided they are not used at the same time for military purposes. The besieged should indicate these buildings or places by some particular and visible signs, of which the assailants should previously be notified. ARTICLE 28. The pillage of a town or place, even Pillage prowhen taken by assault, is prohibited. Chapter II. On Spies hibited. ARTICLE 29. An individual can only be consid- Who is a spy. ered a spy if, acting clandestinely, or under false pretences, he obtains, or seems to obtain, information in the zone of operations of a belligerent, with the intention of communicating it to the hostile party. spy. Thus, soldiers not in disguise who have penetrated Who is not a into the zone of operations of a hostile army to obtain information are not considered spies. Similarly, the following are not considered spies: soldiers or civilians, carrying out their mission openly, charged with the delivery of despatches destined either for their own army or for that of the enemy. To this class belong likewise individuals sent in balloons to deliver despatches, and generally to maintain communication between the various parts of an army or a territory. Chapter IV ARTICLE 30. A spy taken in the act cannot be Right to trial. punished without previous trial. No punish ARTICLE 31. A spy, who after rejoining the army ment on sub- to which he belongs is subsequently captured by the enemy, is treated as a prisoner of war, and incurs no responsibility for his previous acts of espionage. sequent capture. Definition and commu of truce. Chapter III. On Flags of Truce ARTICLE 32. An individual is considered as bearnity of flags ing a flag of truce who is authorized by one of the belligerents to enter into communication with the other, and who carries a white flag: he has a right to inviolability, as well as the trumpeter, bugler. or drummer, the flag-bearer, and the interpreter who may accompany him. No obligation to receive it under all circumstances. ARTICLE 33. The Chief to whom a flag of truce is sent is not obliged to receive it under all circumstances. He can take all steps necessary to prevent the envoy taking advantage of his mission. to obtain information. In case of abuse he has the right to detain the envoy temporarily. The Brussels Conference had proposed an express declaration that a belligerent was permitted to declare that he would not receive a flag of truce during a specified time, and adding that the bearers of a flag of truce who should present themselves after such a declaration, should lose their right of inviolability. The Committee, on motion of Count Nigra of Italy, refused to admit that according to the principles of International Law a belligerent could ever be permitted to declare, even for a specified time, that no |