Manual of Military Law 1929, Amendments (No. 12)

6 THE LAW SAND USAGES OF WAR LANDON .Detention o f enemy subjects m masse. Ch. XIV Expulsion of enemy subjects. 12. It was thus formerly thought to be inadmissible to detain as prisoners subjects of one of the hostile parties travelling or resident in the country of the other at the time of the outbreak of 1 war except perhaps in the case of grave emergency. That view gained some support from article 5 of the Regulations annexed to the Convention of 1899 concerning the Laws and Customs of War Landon which permitted the internment of prisoners of war, and whence it was argued e contrario that the internment of enemy subjects other than prisoners of war was prohibited. The case has assumed anew aspect now that the liability of the whole male population to military service has become the almost universal rule and greatly increased facilities of travel especially at certain seasons may result in the presence of enemy visitors in numbers which would appreciably tax the war resources of a state depen­dent on imported foods or having to provide man-power for their supervision if left to their own devices. It must now be con­sidered as a settled and lawful practice either to prevent or to compel the departure of enemy subjects present in a belligerent state and to intern or otherwise control or restrict the liberty and vocations of those who are not compelled to depart mayas seem necessary or best adapted for preserving the safely of the instate all the circumstances of the moment. 13. In the application of any such controls or restrictions to enemy subjects it is permissible to differentiate between ordinary enemy civilians and those known to be active or reserve officers or men of the hostile armed forces or liable to service with these forces. The principle of self-preservation must justify belligerents in refusing to permit each other the use of hostile man-power which maybe prepared to inflict military injuries upon them either from within or without their .own territories.3 14. The expulsion of any or all subjects of the enemy from the territory of the opposing state is strictly Inadmissible. Great Britain under the Aliens Restriction Acts of 1914 and 1919 powers are taken for the deportation of any alien at anytime where the Secretary of State “deems it to be conducive to the public good.” 4 1 The conduct of Napoleon who in 1803 seized all British subjects travelling in Franco and detained all between 18 and 60 years of age some 10000 in number till the peace of 1814, was at the time severely criticised." It must however be borne in mind that Napoleon did not claim aright to make civilians prisoners of war. He justified his act as one ot reprisals, considering it a violation of international law on the part of England to begin hostilities by capturing two French merchantmen in the bay of Audieme without a formal declaration of war. At the beginning of the Great War 1914-1918 both Germany and France detained and interned males of military age. Persons suspected of "being in communication with the enemy may without doubt be detained and interned or tried. At the commencement of the Franco-German War the Duke dc Gramont in his despatch, dated 23rd July 1870 to the American Minister In Paris (who was in charge of North German interests) stated that tho Emperor of the French would not allow the departure of North Germans not past the age of active military service. (Washbourne 1905 p. 41.) Professor Lueder in Holtzendorff 1885-1889 iv p. 349 fully recognises the right to detain" aktive M iliid rs" and“ Milit&rpflichtigc ”that is persons belonging to and liable to be called on for duty in the army and navy. The usage of 1914-1918 was in accordance with Professor Lueders view. 4 See art. 12(6) (c) of the Aliens Order 1920. In peacetime the great majority of deportation orders are made by the Secretary of State on the recommendation of a court by which the alien has been convicted of some offence (see Article 12(6) )).The(a power to deport without such a /ecoinmendation is usually reserved for use iu cases where the alien's known character is such that his presence is undesirable though he may not have committed any specific offence.
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