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not authorized by the commander, unless they are ratified by a refusal of satisfaction or otherwise.

2 Wildman's Intern. Law, 28; Bluntschli, Droit Intern. Codifié, § 690, 696.

Recommencing hostilities.

782. At the expiration of a truce or armistice, hostilities may be commenced without any new declaration of war, or notice, unless otherwise agreed.

Lawrence's Wheaton, Elem. of Intern. Law, p. 687, § 23; Dana's Wheaton, § 404, citing Liv. Hist., lib. IV., cap. 30; 1 Kent's Commentaries, p. 161, citing Vattel, Droit des Gens, bk. 3, c. 16, § 260; Bluntschli, Droit Intern. Codifié, §§ 694, 695.

Flags of truce.

783. The bearer of a flag of truce is to be respected and protected by each belligerent, as far as possible, in coming and going, without suspending hostilities, but cannot insist on being admitted; and if admitted during an engagement, may be detained till the engagement is over.

Lieber's Instructions, ¶¶ 111–113.

Effect of capitulation.

784. After signing the capitulation of a fortified place, the capitulator must not injure the works or property which he is to deliver up, unless the right to do so is reserved in the capitulation.

Lieber's Instructions, T 144.

CHAPTER LXI.

ARTICLE 785.

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MEDICAL SERVICE.

Ambulances " and "hospitals" defined. 786. Neutrality of ambulances and hospitals. 787. Persons attached to ambulances and hospitals.

788. Hospital supplies.

789. Exemption of private property and persons.
790. No distinction to be made in succor.

791. Immediate exchange of sick and wounded.
792. Prisoners incapacitated from future service.
793. Other sick and wounded.

794. Flag and badge.

795. Hospital ships to be of white exterior with

green ports.

796. Effect of visitation of private ship used for
sick and wounded.

797. Belligerent's control of private ship used
for sick and wounded.

798. Voluntary societies for succor at sea,

Ambulances" and "hospitals" defined.

785. The terms "ambulances" and "hospitals" as used in this Code, include all establishments, places, ships and vehicles, permanent or temporary, which are exclusively devoted to the reception, care or transportation of the sick or wounded, or of supplies or attendants therefor.

Neutrality of ambulances and hospitals.

786. Ambulances and hospitals are to be deemed neutral, and as such must be respected and protected by each belligerent, as long as they contain sick or wounded, and have only a sufficient guard to protect the inmates from disorderly violence.

Convention of Geneva, Art. 1.

Persons attached to ambulances and hospitals. 787. The persons attached to the ambulances and hospitals, mentioned in the last article, for medical service, shall continue their functions after the enemy has taken possession of the place or ship where they are, until they withdraw to join the forces to which they belong. When they insist upon withdrawing, the commanding officer must fix the time for their depart ure, with the least delay of which military necessity admits.

While they remain with the enemy they are entitled to receive from him the support and treatment appropriate to their rank or service, according to the rate of either belligerent, whichever may be the lowest.'

Convention of Geneva, Art. 3, and additional Articles 1 and 2. The neutrality assured to these persons is defined by Article 749.

1 Etude sur la Convention, par Gustave Moynier, p. 172.

Hospital supplies.

788. The supplies of ambulances are not subjects of capture; and the persons in the service thereof, on withdrawing after capture, as mentioned in article 787, may take away their private property.

The Convention of Geneva, Art. 4, leaves the supplies of hospitals, as distinguished from the ambulance service, subject to capture.

Exemption of private property and persons.

789. A house which receives and cares for sick or wounded must be respected and protected; and the householder shall be in due proportion exempted from the billeting of troops, and from forced contributions. Convention of Geneva, Art. 5, and additional Article 4.

No distinction to be made in succor.

790. The sick and wounded prisoners of war of both belligerents must be received and cared for without distinction of nationality.

Convention of Geneva, Art. 6, 1.

Immediate exchange of sick and wounded.

791. Immediately after a battle the chief commanding officers may, by mutual consent, each send his sick and wounded prisoners of war to the outposts of the other,' without further conditions of exchange."

1 Convention of Geneva, Art. 6, 2.

2 This seems to be implied.

Prisoners incapacitated from future service.

792. Sick or wounded prisoners of war, who, after recovery, are found incapable of future military service, must be sent back to their own nation, as soon as practicable.

Convention of Geneva, Art. 6, ¶ 3.

Other sick and wounded.

793. By consent of both belligerents, sick or wounded prisoners of war taken by either, and not incapable of future service, except officers above the rank of colonel,' may be sent back to their nation as soon as practicable, on condition of not taking up arms again during the war, unless duly exchanged.

Convention of Geneva, Art. 6, ¶ 4, and additional Art. 5. The effect of the latter article, though in its form imperative, is merely permissive as above stated. See Etude sur la Convention, par Moynier, pp. 217–226. 1 The rank should be made definite, as here stated.

Flag and badge.

794. In order to secure the protection offered by this Chapter, a hospital flag, accompanied always by the national flag, must be displayed by the hospitals and ambulances, and a badge must be worn by the persons in the service.

The flag and badge are a red cross on a white ground. They can be used only by permission of the military authority.

Convention of Geneva, Art. 7.

A yellow flag has been used in the United States navy to designate a boat bearing medical officers. U. S. Navy Ordnance, pt. 2. p. 26, 83.

A red flag has been used to indicate the handling of powder. Id., pt. 3, p. 52, § 157.

Hospital ships to be of white exterior with green ports.

795. Hospital ships and boats must also be distinguished by a white exterior with green ports.

Convention of Geneva, additional Art. 12, ¶ 3.

Effect of visitation of private ship, used for sick and wounded.

796. The visitation of a private ship used for sick and wounded, notified upon its log, by a public armed ship of the enemy, renders it unlawful for the sick and wounded on board to take up arms again during the war, unless duly exchanged. And the visiting ship may put on board a sufficient force to secure the performance of this obligation.

Convention of Geneva, Art. 10, additional Art. 1. The two paragraphs which protect cargo on such vessels if not contraband, will be rendered superfluous by the Articles relating to private property. The last paragraph of the article seems superfluous. See Etudes sur la Convention, par Moynier, p. 263.

Belligerent's control of private ship used for sick and wounded.

797. A belligerent from whom protection or respect is claimed for a ship under the last article, may forbid its taking any direction, or maintaining any intercourse, which he may judge prejudicial to his operations.

Convention of Geneva, Art. 10, additional paragraph 3.

Voluntary societies for succor at sea.

798. Any nation may give to a commission or society, organized under its law for the succor of sick and wounded in war, written authority to employ ships and the necessary attendants and supplies for the succor of sick and wounded at sea, subject to the provi

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