"iv Гаагская конвенция о законах и обычаях сухопутной войны" [рус., англ.] (Вместе с "Положением о законах и обычаях сухопутной войны") (Заключена в г. Гааге 18.10.1907)
II
SPIES Article 29 A person can only be considered a spy when, acting clandestinely or on false pretences, he obtains or endeavours to obtain information in the zone of operations of a belligerent, with the intention of communicating it to the hostile party. Thus, soldiers not wearing a disguise who have penetrated into the zone of operations of the hostile army, for the purpose of obtaining information, are not considered spies. Similarly, the following are not considered spies: Soldiers and civilians, carrying out their mission openly, entrusted with the delivery of despatches intended either for their own army or for the enemy's army. To this class belong likewise persons sent in balloons for the purpose of carrying despatches and, generally, of maintaining communications between the different parts of an army or a territory. Article 30 A spy taken in the act shall not be punished without previous trial. Article 31 A spy who, after rejoining the army 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. Chapter III FLAGS OF TRUCE Article 32 A person is regarded as a parlementaire who has been authorized by one of the belligerents to enter into communication with the other, and who advances bearing a white flag. He has a right to inviolability, as well as the trumpeter, bugler or drummer, the flag-bearer and interpreter who may accompany him. Article 33 The commander to whom a parlementaire is sent is not in all cases obliged to receive him. He may take all the necessary steps to prevent the parlementaire taking advantage of his mission to obtain information. In case of abuse, he has the right to detain the parlementaire temporarily. Article 34 The parlementaire loses his rights of inviolability if it is proved in a clear and incontestable manner that he has taken advantage of his privileged position to provoke or commit an act of treason. Chapter IV CAPITULATIONS Article 35 Capitulations agreed upon between the Contracting Parties must take into account the rules of military honour. Once settled, they must be scrupulously observed by both parties. Chapter V ARMISTICES Article 36 An armistice suspends military operations by mutual agreement between the belligerent parties. If its duration is not defined, the belligerent parties may resume operations at any time, provided always that the enemy is warned within the time agreed upon, in accordance with the terms of the armistice. Article 37 An armistice may be general or local. The first suspends the military operations of the belligerent States everywhere; the second only between certain fractions of the belligerent armies and within a fixed radius. Article 38 An armistice must be notified officially and in good time to the competent authorities and to the troops. Hostilities are suspended immediately after the notification, or on the date fixed. Article 39 It rests with the Contracting Parties to settle, in the terms of the armistice, what communications may be held in the theatre of war with the inhabitants and between the inhabitants of one belligerent State and those of the other. Article 40 Any serious violation of the armistice by one of the parties gives the other party the right of denouncing it, and even, in cases of urgency, of recommencing hostilities immediately. Article 41 A violation of the terms of the armistice by private persons acting on their own initiative only entitles the injured party to demand the punishment of the offenders or, if necessary, compensation for the losses sustained. SECTION III. MILITARY AUTHORITY OVER THE TERRITORY OF THE HOSTILE STATE Article 42 Territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation extends only to the territory where such authority has been established and can be exercised. Article 43 The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country. Article 44 A belligerent is forbidden to force the inhabitants of territory occupied by it to furnish information about the army of the other belligerent, or about its means of defense. Article 45 It is forbidden to compel the inhabitants of occupied territory to swear allegiance to the hostile Power. Article 46 Family honour and rights, the lives of persons, and private property, as well as religious convictions and practice, must be respected. Private property cannot be confiscated. Article 47 Pillage is formally forbidden. Article 48 If, in the territory occupied, the occupant collects the taxes, dues, and tolls imposed for the benefit of the State, he shall do so, as far as is possible, in accordance with the rules of assessment and incidence in force, and shall in consequence be bound to defray the expenses of the administration of the occupied territory to the same extent as the legitimate Government was so bound. Article 49 If, in addition to the taxes mentioned in the above article, the occupant levies other money contributions in the occupied territory, this shall only be for the needs of the army or of the administration of the territory in question. Article 50 No general penalty, pecuniary or otherwise, shall be inflicted upon the population on account of the acts of individuals for which they cannot be regarded as jointly and severally responsible. Article 51 No contribution shall be collected except under a written order, and on the responsibility of a commander-in-chief. The collection of the said contribution shall only be effected as far as possible in accordance with the rules of assessment and incidence of the taxes in force. For every contribution a receipt shall be given to the contributors. Article 52 Requisitions in kind and services shall not be demanded from municipalities or inhabitants except for the needs of the army of occupation. They shall be in proportion to the resources of the country, and of such a nature as not to involve the inhabitants in the obligation of taking part in military operations against their own country. Such requisitions and services shall only be demanded on the authority of the commander in the locality occupied. Contributions in kind shall as far is possible be paid for in cash; if not, a receipt shall be given land the payment of the amount due shall be made as soon as possible. Article 53 An army of occupation can only take possession of cash, funds, and realizable securities which are strictly the property of the State, depots of arms, means of transport, stores and supplies, and, generally, all movable property belonging to the State which may be used for military operations. All appliances, whether on land, at sea, or in the air, adapted for the transmission of news, or for the transport of persons or things, exclusive of cases governed by naval law, depots of arms, and, generally, all kinds of munitions of war, may be seized, even if they belong to private individuals, but must be restored and compensation fixed when peace is made. Article 54 Submarine cables connecting an occupied territory with a neutral territory shall not be seized or destroyed except in the case of absolute necessity. They must likewise be restored land compensation fixed when peace is made. Article 55 The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct. Article 56 The property of municipalities, that of institutions dedicated to religion, charity and education, the arts and sciences, even when State property, shall be treated as private property. All seizure of, destruction or wilful damage done to institutions of this character, historic monuments, works of art and science, is forbidden, and should be made the subject of legal proceedings. 'iii Гаагская конвенция об открытии военных действий' (Заключена в г. Гааге 18.10.1907) »Читайте также
Изменен протокол лечения ковида23 февраля 2022 г. МедицинаГермания может полностью остановить «Северный поток – 2»23 февраля 2022 г. ЭкономикаБогатые уже не такие богатые23 февраля 2022 г. ОбществоОтныне иностранцы смогут найти на портале госуслуг полезную для себя информацию23 февраля 2022 г. ОбществоВакцина «Спутник М» прошла регистрацию в Казахстане22 февраля 2022 г. МедицинаМТС попала в переплет в связи с повышением тарифов22 февраля 2022 г. ГосударствоРегулятор откорректировал прогноз по инфляции22 февраля 2022 г. ЭкономикаСтоимость нефти Brent взяла курс на повышение22 февраля 2022 г. ЭкономикаКурсы иностранных валют снова выросли21 февраля 2022 г. Финансовые рынки |
Архив статей
2024 Ноябрь
|