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Bluntschli, Johann Caspar: Das moderne Völkerrecht der civilisirten Staten. Nördlingen, 1868.

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Anhang.
law and usages of public war between sovereign belligerents, neither
proves nor establishes an acknowledgment of the rebellious people,
or of the government which they may have erected, as a public
or sovereign power. Nor does the adoption of the rules of war
toward rebels imply an engagement with them extending beyond
the limits of these rules. It is victory in the field that ends the
strife and settles the future relations between the contending parties.

154.

Treating, in the field, the rebellious enemy according to the
law and usages of war has never prevented the legitimate govern-
ment from trying the leaders of the rebellion or chief rebels for high
treason, and from treating them accordingly, unless they are inclu-
ded in a general amnesty.

155.

All enemies in regular war are divided into two general clas-
ses; that is to say, into combatants and non-combatants, or unarmed
citizens of the hostile government.

The military commander of the legitimate government, in a war
of rebellion, distinguishes between the loyal citizen in the revolted
portion of the country and the disloyal citizen. The disloyal citizens
may further be classified into those citizens known to sympathize
with the rebellion, without positively aiding it, and those who, with-
out taking up arms, give positive aid and comfort to the rebellious
enemy, without being bodily forced thereto.

156.

Common justice and plain expediency require that the military
commander protect the manifestly loyal citizens, in revolted territo-
ries, against the hardships of the war as much as the common
misfortune of all war admits.

The commander will throw the burden of the war, as much
as lies within his power, on the disloyal citizens of the revolted
portion or province, subjecting them to a stricter police than the

Anhang.
law and usages of public war between sovereign belligerents, neither
proves nor establishes an acknowledgment of the rebellious people,
or of the government which they may have erected, as a public
or sovereign power. Nor does the adoption of the rules of war
toward rebels imply an engagement with them extending beyond
the limits of these rules. It is victory in the field that ends the
strife and settles the future relations between the contending parties.

154.

Treating, in the field, the rebellious enemy according to the
law and usages of war has never prevented the legitimate govern-
ment from trying the leaders of the rebellion or chief rebels for high
treason, and from treating them accordingly, unless they are inclu-
ded in a general amnesty.

155.

All enemies in regular war are divided into two general clas-
ses; that is to say, into combatants and non-combatants, or unarmed
citizens of the hostile government.

The military commander of the legitimate government, in a war
of rebellion, distinguishes between the loyal citizen in the revolted
portion of the country and the disloyal citizen. The disloyal citizens
may further be classified into those citizens known to sympathize
with the rebellion, without positively aiding it, and those who, with-
out taking up arms, give positive aid and comfort to the rebellious
enemy, without being bodily forced thereto.

156.

Common justice and plain expediency require that the military
commander protect the manifestly loyal citizens, in revolted territo-
ries, against the hardships of the war as much as the common
misfortune of all war admits.

The commander will throw the burden of the war, as much
as lies within his power, on the disloyal citizens of the revolted
portion or province, subjecting them to a stricter police than the

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                  <fw place="top" type="header">Anhang.</fw><lb/> <hi rendition="#aq">law and usages of public war between sovereign belligerents, neither<lb/>
proves nor establishes an acknowledgment of the rebellious people,<lb/>
or of the government which they may have erected, as a public<lb/>
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                <head>154.</head><lb/>
                <p> <hi rendition="#aq">Treating, in the field, the rebellious enemy according to the<lb/>
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                <head>155.</head><lb/>
                <p> <hi rendition="#aq">All enemies in regular war are divided into two general clas-<lb/>
ses; that is to say, into combatants and non-combatants, or unarmed<lb/>
citizens of the hostile government.</hi> </p><lb/>
                <p> <hi rendition="#aq">The military commander of the legitimate government, in a war<lb/>
of rebellion, distinguishes between the loyal citizen in the revolted<lb/>
portion of the country and the disloyal citizen. The disloyal citizens<lb/>
may further be classified into those citizens known to sympathize<lb/>
with the rebellion, without positively aiding it, and those who, with-<lb/>
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                <head>156.</head><lb/>
                <p> <hi rendition="#aq">Common justice and plain expediency require that the military<lb/>
commander protect the manifestly loyal citizens, in revolted territo-<lb/>
ries, against the hardships of the war as much as the common<lb/>
misfortune of all war admits.</hi> </p><lb/>
                <p> <hi rendition="#aq">The commander will throw the burden of the war, as much<lb/>
as lies within his power, on the disloyal citizens of the revolted<lb/>
portion or province, subjecting them to a stricter police than the</hi><lb/>
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[504/0526] Anhang. law and usages of public war between sovereign belligerents, neither proves nor establishes an acknowledgment of the rebellious people, or of the government which they may have erected, as a public or sovereign power. Nor does the adoption of the rules of war toward rebels imply an engagement with them extending beyond the limits of these rules. It is victory in the field that ends the strife and settles the future relations between the contending parties. 154. Treating, in the field, the rebellious enemy according to the law and usages of war has never prevented the legitimate govern- ment from trying the leaders of the rebellion or chief rebels for high treason, and from treating them accordingly, unless they are inclu- ded in a general amnesty. 155. All enemies in regular war are divided into two general clas- ses; that is to say, into combatants and non-combatants, or unarmed citizens of the hostile government. The military commander of the legitimate government, in a war of rebellion, distinguishes between the loyal citizen in the revolted portion of the country and the disloyal citizen. The disloyal citizens may further be classified into those citizens known to sympathize with the rebellion, without positively aiding it, and those who, with- out taking up arms, give positive aid and comfort to the rebellious enemy, without being bodily forced thereto. 156. Common justice and plain expediency require that the military commander protect the manifestly loyal citizens, in revolted territo- ries, against the hardships of the war as much as the common misfortune of all war admits. The commander will throw the burden of the war, as much as lies within his power, on the disloyal citizens of the revolted portion or province, subjecting them to a stricter police than the

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URL zu diesem Werk: https://www.deutschestextarchiv.de/bluntschli_voelkerrecht_1868
URL zu dieser Seite: https://www.deutschestextarchiv.de/bluntschli_voelkerrecht_1868/526
Zitationshilfe: Bluntschli, Johann Caspar: Das moderne Völkerrecht der civilisirten Staten. Nördlingen, 1868, S. 504. In: Deutsches Textarchiv <https://www.deutschestextarchiv.de/bluntschli_voelkerrecht_1868/526>, abgerufen am 21.11.2024.