CHAPTER IVINTERCOURSE BETWEEN BELLIGERENT ARMIESFlags of Truce.Hostile armies are in frequent intercourse with one another. This takes place so long as it is practised openly, that is to say, with the permission of the commanders on both sides, by means of bearers of flags of truce. In this class are included those who have to conduct the official intercourse between the belligerent armies or divisions thereof, and who appear as authorized envoys of one army to the other, in order to conduct negotiations and to transmit communications. As to the treatment of bearers of flags of truce there exist regular usages of war, an intimate acquaintance with which is of the highest practical importance. This knowledge is not merely indispensable for the higher officers, but also for all inferior officers, and to a certain extent for the private in the ranks.Since a certain degree of intercourse between the two belligerents is unavoidable, and indeed desirable, the assurance of this intercourse is in the interests of both parties; it has held good as a custom from the earliest times, and even among uncivilized people,whereby these envoys and their assistants (trumpeter, drummer, interpreter, and orderly) are to be regarded as inviolable; a custom which proceeds on the presumption that these persons, although drawn from the ranks of the combatants, are no longer, during the performance of these duties, to be regarded as active belligerents. They must, therefore, neither be shot nor captured; on the contrary, everything must be done to assure the performance of their task and to permit their return on its conclusion.But it is a fundamental condition of this procedure:1. That the envoy be quite distinguishable as such by means of universally recognized and well-known marks; distinguishable both by sight and by hearing (flags of truce, white flags, or, if need be, white pocket-handkerchiefs) and signals (horns or bugles).2. That the envoy behave peaceably, and3. That he does not abuse his position in order to commit any unlawful act.Of course any contravention of the last two conditions puts an end to his inviolability; it may justify his immediate capture, and, in extreme cases (espionage, hatching of plots), his condemnation by military law. Should the envoy abuse his mission for purposes of observation, whereby the army he isvisiting is imperiled, then also he may be detained, but not longer than is necessary. In all cases of this kind it is recommended that prompt and detailed information be furnished to the head of the other army.It is the right of every army:1. To accept, or to refuse such envoys. An envoy who is not received must immediately rejoin his own army; he must not, of course, be shot at on his way.2. To declare that it will not during a fixed period entertain any envoys. Should any appear in spite of this declaration; they cannot claim to be inviolable.3. To determine in what forms and under what precautions envoys shall be received. The envoys have to submit to any commands even though entailing personal inconvenience such as blindfolding or going out of their way on coming or returning, and such like.The Etiquette of Flags of Truce.The observance of certain forms in the reception of envoys is of the greatest importance, as a parley may serve as a cloak for obtaining information or for the temporary interruption of hostilities and the like. Such a danger is particularly likely to occur if the combatants have been facing one another, as in the case of a war of positions, for a long time without any particular result. These forms are also important because their non-observance, as experienceshows, gives rise to recrimination and charges of violation of the usages of war. The following may, therefore, be put forward as the chief rules for the behavior of an envoy and as the forms to be observed in his reception.The Envoy.1. The envoy (who is usually selected as being a man skilled in languages and the rules, and is mounted on horseback) makes for the enemy’s outpost or their nearest detachment, furnished with the necessary authorization, in the company of a trumpeter and a flag-bearer on horseback. If the distance between the two outposts of the respective lines is very small, then the envoy may go on foot in the company of a bugler or a drummer.His approach.2. When he is near enough to the enemy’s outposts or their lines to be seen and heard, he has the trumpet or bugle blown and the white flag unfurled by the bearer. The bearer will seek to attract the attention of the enemy’s outposts or detachments whom he has approached, by waving the flag to and fro.From this moment the envoy and his company are inviolable, in virtue of a general usage of war. The appearance of a flag of truce in the middle of a fight, however, binds no one to cease fire. Only the envoy and his companions are not to be shot at.The challenge—“Wer da?”3. The envoy now advances with his escort at a slow walk to the nearest posted officer. He must obey the challenge of the enemy’s outposts and patrol.His reception.4. Since it is not befitting to receive an envoy at just that place which he prefers, he has to be ready to be referred to a particular place of admission. He must keep close to the way prescribed for him. It is advisable for the enemy whenever this is possible to give the envoy an escort on the way.He dismounts.5. On arriving at the place indicated, the envoy dismounts along with his attendants; leaves them at a moderate distance behind him, and proceeds on foot to the officer on duty, or highest in command, at that place, in order to make his wishes known.Let his Yea be Yea, and his Nay, Nay.6. Intercourse with the enemy’s officer must be courteously conducted. The envoy has always to bear in mind the discharge of his mission, to study the greatest circumspection in his conversations, neither to attempt to sound the enemy or to allow himself to be sounded.... The best thing is to refuse to enter into any conversation on military matters beforehand.The duty of his Interlocutor.7. For less important affairs the officer at the place of admission will possess the necessary instructions, in order either to discharge them himself, or to promise their discharge in a fixed period. But in most cases the decision of a superior will have to be taken; in this case the envoy has to wait until the latter arrives.8. If the envoy has a commission to deal personally with the Commander-in-Chief or a high officer, or if the officer on duty at the place of admission considers it desirable for any reason to send the envoy back, then, if it be necessary, the eyesof the envoy may be blindfolded; to take away his weapons is hardly necessary. If the officer at the place of admission is in any doubt what attitude to adopt towards the requests of the envoy, he will for the time being detain him at his post, and send an intimation to his immediate superior in case the affair appears to him of particular importance, and at the same time to the particular officer to whom the envoy is or should be sent.The impatient Envoy.9. If an envoy will not wait, he may be permitted, according to circumstances, to return to his own army if the observation made by him or any communications received can no longer do any harm.From the foregoing it follows that intercourse with the envoys of an enemy presupposes detailed instructions and a certain intelligence on the part of the officers and men if it is to proceed peaceably. But before all things it must be made clear to the men that the intentional wounding or killing of an envoy is a serious violation of international law, and that even an unfortunate accident which leads to such a violation may have the most disagreeable consequences.The French again.A despatch of Bismarck’s of January 9th, 1871, demonstrates by express mention of their names, that twenty-one German envoys were shot by French soldiers while engaged on their mission. Ignorance and defective teaching of the troops may have been theprincipal reason for this none too excusable behavior. In many cases transgressions on the part of the rawer elements of the army may have occurred, as has been many times offered as an excuse in higher quarters. Nevertheless, this state of affairs makes clear the necessity of detailed instruction and a sharp supervision of the troops by the officers.
CHAPTER IVINTERCOURSE BETWEEN BELLIGERENT ARMIES
Flags of Truce.
Hostile armies are in frequent intercourse with one another. This takes place so long as it is practised openly, that is to say, with the permission of the commanders on both sides, by means of bearers of flags of truce. In this class are included those who have to conduct the official intercourse between the belligerent armies or divisions thereof, and who appear as authorized envoys of one army to the other, in order to conduct negotiations and to transmit communications. As to the treatment of bearers of flags of truce there exist regular usages of war, an intimate acquaintance with which is of the highest practical importance. This knowledge is not merely indispensable for the higher officers, but also for all inferior officers, and to a certain extent for the private in the ranks.
Since a certain degree of intercourse between the two belligerents is unavoidable, and indeed desirable, the assurance of this intercourse is in the interests of both parties; it has held good as a custom from the earliest times, and even among uncivilized people,whereby these envoys and their assistants (trumpeter, drummer, interpreter, and orderly) are to be regarded as inviolable; a custom which proceeds on the presumption that these persons, although drawn from the ranks of the combatants, are no longer, during the performance of these duties, to be regarded as active belligerents. They must, therefore, neither be shot nor captured; on the contrary, everything must be done to assure the performance of their task and to permit their return on its conclusion.
But it is a fundamental condition of this procedure:
1. That the envoy be quite distinguishable as such by means of universally recognized and well-known marks; distinguishable both by sight and by hearing (flags of truce, white flags, or, if need be, white pocket-handkerchiefs) and signals (horns or bugles).2. That the envoy behave peaceably, and3. That he does not abuse his position in order to commit any unlawful act.
1. That the envoy be quite distinguishable as such by means of universally recognized and well-known marks; distinguishable both by sight and by hearing (flags of truce, white flags, or, if need be, white pocket-handkerchiefs) and signals (horns or bugles).
2. That the envoy behave peaceably, and
3. That he does not abuse his position in order to commit any unlawful act.
Of course any contravention of the last two conditions puts an end to his inviolability; it may justify his immediate capture, and, in extreme cases (espionage, hatching of plots), his condemnation by military law. Should the envoy abuse his mission for purposes of observation, whereby the army he isvisiting is imperiled, then also he may be detained, but not longer than is necessary. In all cases of this kind it is recommended that prompt and detailed information be furnished to the head of the other army.
It is the right of every army:
1. To accept, or to refuse such envoys. An envoy who is not received must immediately rejoin his own army; he must not, of course, be shot at on his way.2. To declare that it will not during a fixed period entertain any envoys. Should any appear in spite of this declaration; they cannot claim to be inviolable.3. To determine in what forms and under what precautions envoys shall be received. The envoys have to submit to any commands even though entailing personal inconvenience such as blindfolding or going out of their way on coming or returning, and such like.
1. To accept, or to refuse such envoys. An envoy who is not received must immediately rejoin his own army; he must not, of course, be shot at on his way.
2. To declare that it will not during a fixed period entertain any envoys. Should any appear in spite of this declaration; they cannot claim to be inviolable.
3. To determine in what forms and under what precautions envoys shall be received. The envoys have to submit to any commands even though entailing personal inconvenience such as blindfolding or going out of their way on coming or returning, and such like.
The Etiquette of Flags of Truce.
The observance of certain forms in the reception of envoys is of the greatest importance, as a parley may serve as a cloak for obtaining information or for the temporary interruption of hostilities and the like. Such a danger is particularly likely to occur if the combatants have been facing one another, as in the case of a war of positions, for a long time without any particular result. These forms are also important because their non-observance, as experienceshows, gives rise to recrimination and charges of violation of the usages of war. The following may, therefore, be put forward as the chief rules for the behavior of an envoy and as the forms to be observed in his reception.
The Envoy.
1. The envoy (who is usually selected as being a man skilled in languages and the rules, and is mounted on horseback) makes for the enemy’s outpost or their nearest detachment, furnished with the necessary authorization, in the company of a trumpeter and a flag-bearer on horseback. If the distance between the two outposts of the respective lines is very small, then the envoy may go on foot in the company of a bugler or a drummer.His approach.2. When he is near enough to the enemy’s outposts or their lines to be seen and heard, he has the trumpet or bugle blown and the white flag unfurled by the bearer. The bearer will seek to attract the attention of the enemy’s outposts or detachments whom he has approached, by waving the flag to and fro.From this moment the envoy and his company are inviolable, in virtue of a general usage of war. The appearance of a flag of truce in the middle of a fight, however, binds no one to cease fire. Only the envoy and his companions are not to be shot at.The challenge—“Wer da?”3. The envoy now advances with his escort at a slow walk to the nearest posted officer. He must obey the challenge of the enemy’s outposts and patrol.His reception.4. Since it is not befitting to receive an envoy at just that place which he prefers, he has to be ready to be referred to a particular place of admission. He must keep close to the way prescribed for him. It is advisable for the enemy whenever this is possible to give the envoy an escort on the way.He dismounts.5. On arriving at the place indicated, the envoy dismounts along with his attendants; leaves them at a moderate distance behind him, and proceeds on foot to the officer on duty, or highest in command, at that place, in order to make his wishes known.Let his Yea be Yea, and his Nay, Nay.6. Intercourse with the enemy’s officer must be courteously conducted. The envoy has always to bear in mind the discharge of his mission, to study the greatest circumspection in his conversations, neither to attempt to sound the enemy or to allow himself to be sounded.... The best thing is to refuse to enter into any conversation on military matters beforehand.The duty of his Interlocutor.7. For less important affairs the officer at the place of admission will possess the necessary instructions, in order either to discharge them himself, or to promise their discharge in a fixed period. But in most cases the decision of a superior will have to be taken; in this case the envoy has to wait until the latter arrives.8. If the envoy has a commission to deal personally with the Commander-in-Chief or a high officer, or if the officer on duty at the place of admission considers it desirable for any reason to send the envoy back, then, if it be necessary, the eyesof the envoy may be blindfolded; to take away his weapons is hardly necessary. If the officer at the place of admission is in any doubt what attitude to adopt towards the requests of the envoy, he will for the time being detain him at his post, and send an intimation to his immediate superior in case the affair appears to him of particular importance, and at the same time to the particular officer to whom the envoy is or should be sent.The impatient Envoy.9. If an envoy will not wait, he may be permitted, according to circumstances, to return to his own army if the observation made by him or any communications received can no longer do any harm.
1. The envoy (who is usually selected as being a man skilled in languages and the rules, and is mounted on horseback) makes for the enemy’s outpost or their nearest detachment, furnished with the necessary authorization, in the company of a trumpeter and a flag-bearer on horseback. If the distance between the two outposts of the respective lines is very small, then the envoy may go on foot in the company of a bugler or a drummer.
His approach.
2. When he is near enough to the enemy’s outposts or their lines to be seen and heard, he has the trumpet or bugle blown and the white flag unfurled by the bearer. The bearer will seek to attract the attention of the enemy’s outposts or detachments whom he has approached, by waving the flag to and fro.
From this moment the envoy and his company are inviolable, in virtue of a general usage of war. The appearance of a flag of truce in the middle of a fight, however, binds no one to cease fire. Only the envoy and his companions are not to be shot at.
The challenge—“Wer da?”
3. The envoy now advances with his escort at a slow walk to the nearest posted officer. He must obey the challenge of the enemy’s outposts and patrol.
His reception.
4. Since it is not befitting to receive an envoy at just that place which he prefers, he has to be ready to be referred to a particular place of admission. He must keep close to the way prescribed for him. It is advisable for the enemy whenever this is possible to give the envoy an escort on the way.
He dismounts.
5. On arriving at the place indicated, the envoy dismounts along with his attendants; leaves them at a moderate distance behind him, and proceeds on foot to the officer on duty, or highest in command, at that place, in order to make his wishes known.
Let his Yea be Yea, and his Nay, Nay.
6. Intercourse with the enemy’s officer must be courteously conducted. The envoy has always to bear in mind the discharge of his mission, to study the greatest circumspection in his conversations, neither to attempt to sound the enemy or to allow himself to be sounded.... The best thing is to refuse to enter into any conversation on military matters beforehand.
The duty of his Interlocutor.
7. For less important affairs the officer at the place of admission will possess the necessary instructions, in order either to discharge them himself, or to promise their discharge in a fixed period. But in most cases the decision of a superior will have to be taken; in this case the envoy has to wait until the latter arrives.
8. If the envoy has a commission to deal personally with the Commander-in-Chief or a high officer, or if the officer on duty at the place of admission considers it desirable for any reason to send the envoy back, then, if it be necessary, the eyesof the envoy may be blindfolded; to take away his weapons is hardly necessary. If the officer at the place of admission is in any doubt what attitude to adopt towards the requests of the envoy, he will for the time being detain him at his post, and send an intimation to his immediate superior in case the affair appears to him of particular importance, and at the same time to the particular officer to whom the envoy is or should be sent.
The impatient Envoy.
9. If an envoy will not wait, he may be permitted, according to circumstances, to return to his own army if the observation made by him or any communications received can no longer do any harm.
From the foregoing it follows that intercourse with the envoys of an enemy presupposes detailed instructions and a certain intelligence on the part of the officers and men if it is to proceed peaceably. But before all things it must be made clear to the men that the intentional wounding or killing of an envoy is a serious violation of international law, and that even an unfortunate accident which leads to such a violation may have the most disagreeable consequences.
The French again.
A despatch of Bismarck’s of January 9th, 1871, demonstrates by express mention of their names, that twenty-one German envoys were shot by French soldiers while engaged on their mission. Ignorance and defective teaching of the troops may have been theprincipal reason for this none too excusable behavior. In many cases transgressions on the part of the rawer elements of the army may have occurred, as has been many times offered as an excuse in higher quarters. Nevertheless, this state of affairs makes clear the necessity of detailed instruction and a sharp supervision of the troops by the officers.