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101. The area upon which hostilities may be legitimately conducted includes the land and water outside of neutral jurisdiction and the corresponding aërial domain.

Neutral jurisdiction is inviolable, and by the Hague Conventions of 1907 the belligerent is bound to respect this jurisdiction. The belligerent is prohibited from performing any proximate acts of war in neutral jurisdiction; e. g., equipping vessels, establishing prize courts, etc. With the introduction of aërial navigation and communication, the area of possible belligerent operations has been extended to the atmosphere, and the regulation of the discharge of projectiles from balloons and of the use of wireless telegraph has already begun.

GENERAL EFFECT.

102. The general effects of war are:

(1) To break off diplomatic and other nonhostile relations of the belligerent states.

(2) To modify treaty relations of the belligerent states.

(3) To modify the status of persons within the belligerent states.

1 See Cyc., same topic, under "War."

2 Appendix, Rights and Duties of Neutral Powers in Case of War on Land, p. 546; Rights and Duties of Neutral Powers in Naval War, p. 563; The Florida, 101 U. S. 37, 25 L. Ed. 898.

3 Discharge of Projectiles and Explosives from Balloons, p. 326; Fauchille, Le Régime Aërien, 8 R. G. D. I. P. 414; Jurisch, Grundzüge des Luttrechts; Int. Law Situations, U. S. Naval War College, 1907, p. 138.

(4) To modify the status of property within the belligerent states.

(5) To change the relations of belligerents and allies in accord with the treaties of alliance.

(6) To change the relations of belligerents and states not parties to the war.

(7) To modify the relations of persons subject to the jurisdiction of states not parties to the war and the belligerents.

(1) Diplomatic relations are frequently broken off before the commencement of war, and sometimes as an evidence of strained relations liable to result in war. On April 21, 1898, the Spanish Minister of State sent to Mr. Woodford, the United States Minister at Madrid, the following note:

"In compliance with a painful duty, I have the honor to inform your excellency that, the President having approved a resolution of both Chambers of the United States which, in denying the legitimate sovereignty of Spain and in threatening armed intervention in Cuba, is equivalent to an evident declaration of war, the government of His Majesty has ordered its Minister in Washington to withdraw without loss of time from the North American territory, with all the personnel of the legation. By this act the diplomatic relations which previously existed between the two countries are broken off, all official communication between their respective representatives ceasing, and I hasten to communicate this to your excellency, in order that on your part you may make such dispositions as seem suitable."

To this note Mr. Woodford made immediate reply as follows:

"I have the honor to acknowledge the receipt this morning of your note of this date informing me that the Spanish Minister at Washington has been ordered to withdraw, with all his legation and without loss of time, from North American terri

4 The Spanish minister to the United States asked for his passports, which were given on April 20, 1898. War began according to proclamation on April 21, 1898. Foreign Relations U. S. 1898, p. 766. Japan gave notice of the withdrawal of her diplomatic representative from Russia on February 6, 1904, and the declaration of war was issued on February 10, 1906. Takahashi, Russo-Japanese War. 15.

tory. You also inform me that by this act diplomatic relations between the two countries are broken off; that all official communication between their respective representatives ceases. I have accordingly this day telegraphed the American consul general at Barcelona to instruct all the consular representatives of the United States in Spain to turn their respective consulates over to the British consuls and to leave Spain at once. I have myself turned this legation over to Her Britannic Majesty's embassy at Madrid. That embassy will from this time have the care of all American interests in Spain. I now request passports and safe conduct to the French frontier for myself and the personnel of this legation. I intend leaving this afternoon at 4 o'clock for Paris."

In any case diplomatic relations between belligerents of necessity come to an end on the outbreak of war. The care of the diplomatic hôtel and the general national interests is usually intrusted to some third power friendly to both.

(2) By the outbreak of war treaty relations between belligerents are modified according to their nature.

(a) Treaties of peace and alliance come to an end; e. g., amity commerce, etc.

(b) Certain treaty obligations may be suspended, and revive at close of war; e. g., debts.

(c) Treaties as to hostile relations become operative; e. g., Convention as to Laws and Customs of War on Land.

In accordance with article XXIX of the treaty of 1902 between the United States and Spain: "All treaties, agreements, conventions and contracts between the United States and Spain prior to the Treaty of Paris shall be expressly abrogated and annulled, with the exception of the treaty signed the seventeenth of February, 1834, between the two countries, for the settlement of claims between the United States of America and the government of His Catholic Majesty, which is continued in force by the present convention."

(3) Persons within the belligerent jurisdiction acquire a new status depending upon allegiance, conduct, etc. (Chapter XXIII.)

(4) Property is liable to new burdens and treatment; e. g., certain property must be treated so far as possible as in peace,

while other property may be seized and confiscated. The place and relationship of the property may determine its treatment. (Chapter XXIV.)

(5) New obligations and duties may arise between allies in consequence of war; e. g., through a defensive alliance. The obligations and duties will be determined by the nature of the alliance. A treaty of November 2, 1907, between the states mentioned says: "If the integrity of Norway is threatened or impaired by any power whatsoever, the German, French, British, and Russian governments undertake, on the receipt of a previous communication to this effect from the Norwegian government, to afford to that government their support, by such means as may be deemed the most appropriate, with a view to safeguarding the integrity of Norway."

(6) The belligerents are put under certain restraints as to their conduct within the jurisdiction of states not parties to the war; e. g., limitation of sojourn of war ships in neutral waters, etc. The neutral states are also under certain new obligations; e. g., as to prohibiting equipment of vessels, etc.

(7) The neutral state may be responsible for certain acts of persons within its jurisdiction. There are other acts not involving the neutral state which would be legitimate in time of peace which in time of war are liable to penalty; e. g., trade in goods of the nature of contraband.

5 "If by reason of unprovoked attack or aggressive action, wherever arising, on the part of any other power or powers, either contracting party should be involved in war in defense of its territorial rights or special interests mentioned in the preamble of this agreement, the other contracting party will at once come to the assistance of its ally and will conduct the war in common and make peace in mutual agreement with it." Article 2, Agreement Great Britain and Japan, Aug. 12, 1905, 1 A. J. I. Doc. Sup. 15.

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107.

Neutral Duty of Regulation.

108. Civil Rights and Remedies During War.

OBLIGATIONS OF BELLIGERENTS.

103. "Belligerents are bound to respect the sovereign rights of neutral powers, and to abstain, in neutral territory or neutral waters, from any act which would, if knowingly permitted by any power, constitute a violation of neutrality." 1

Such acts include:

(a) Hostilities in neutral waters.

(b) Establishing prize courts in neutral jurisdiction. (c) Use of neutral waters as military base.

Since the middle of the nineteenth century the tendency has been to throw more of the burden of war upon the belligerents. This was recognized at the Second Hague Conference in 1907, as seen in the following provisions of the Convention Concerning the Rights and Duties of Neutral Powers in Naval War:

"Article I. Belligerents are bound to respect the sovereign rights of neutral powers, and to abstain, in neutral territory or neutral waters, from any act which would, if knowingly permitted by any power, constitute a violation of neutrality.

"Article II. Any act of hostility, including capture and the exercise of the right of search, committed by belligerent war ships in the territorial waters of a neutral power, constitutes a violation of neutrality and is strictly forbidden.

"Article III. When a ship has been captured in the territorial waters of a neutral power, this power must employ, if

1 Hague Convention, 1907, Rights and Duties of Neutral Powers in Naval War, art. 1, Appendix, p. 563.

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