Sivut kuvina
PDF
ePub

LAW AND USAGE OF
OF WAR

ADMIRALTY PROCEDURE under the Judicature Act, 1873. (Sect. 35). There shall be assigned to the Probate Divorce and Admiralty Division of the said High Court all cases and matters which would have been within the exclusive cognizance . . . of the High Court of Admiralty if this Act had not passed."

Under the Orders made in pursuance of this Act:

[ocr errors]

Court of Admiralty

[ocr errors]

(Order I., Rule 1). I All actions, which previously to the commencement of the Principal Act (Judicature Act, 1873) were commenced by a cause . . . in the High shall be instituted in the High Court of Justice by a proceeding to be called an action;" (Order II., Rule 1). "Every action in the High Court shall be commenced by a writ of Summons." See PRIZE COURTS PROCEDURE.

AIRCRAFT.-Military aircraft and airmen are bound by the rules that govern belligerents generally. To be distinguishable from spies and possess the rights of prisoners of war, airmen must conform to the provisions of The Hague Regulations, wear the uniform of their country, and act in accordance with the Laws and Usage of War. They are forbidden to drop bombs on undefended towns or villages.1 In case of impending bombardment by an attacking force, it is the duty of the commanding officer to warn the authorities of the place thereof.2 This applies to all the Regs., Art. 26.

1

Regs., Art. 25.

2

AIRCRAFT-continued

attacking forces, including aircraft. In sieges and bombardments, precautions are strongly urged by The Hague Regulation to spare historic buildings, hospitals, and charitable institutions; the besieged authorities are recommended to indicate them by visible signs notified to the besiegers.1 All this affects the besiegers' aircraft as part of the attacking force.

AIRCRAFT.-By Order of the Home Secretary, dated August 2, 1914, in pursuance of the powers conferred on him by the Aerial Navigation Acts, 1911 and 1913, the navigation of aircraft of every class and description over the whole area of the United Kingdom, and over the whole of the coast-line thereof and territorial waters adjacent thereto, was prohibited, the Order not, however, to apply to naval or military aircraft, or to aircraft flying under naval or military orders, nor to any aircraft flying within three miles of a recognized aerodrome.

See BALLOONS with reference to The Hague Declaration on the discharging of projectiles and explosives from balloons.

[ocr errors]

Hazeltine, "Law of the Air" (1911), and Spaight, 'Aircraft in War," may be consulted with profit.

ALABAMA CASE. See WASHINGTON RULES.

ALIENS, RESTRICTIONS ON.-The Aliens Restriction Act, 1914, conferred power on His Majesty in time of war or imminent danger, or great emergency, by Order in Council to impose restrictions on aliens, and to make such provisions as necessary or expedient for carrying them into effect. In execution of this power an Order in Council was issued on August 5, 1914,2 dealing fully with all probable emergencies connected with the landing of aliens and the Regs., Art. 27.

2 See London Gazette, August 7, 1914.

ALI ENS, RESTRICTIONS ON-continued

registration of resident aliens, whether subjects or citizens of friendly or enemy States. Among other provisions, alien enemies are prohibited from travelling more than five miles from their registered address unless furnished with a permit; and a search warrant is authorized where information on oath is given that an enemy alien is in possession of

(a) Any firearms, ammunition, or explosives;

(b) Any petroleum spirit, naphtha, benzol, petroleum, or other inflammable liquid in quantities exceeding 3 gallons; (c) Any apparatus or contrivance intended for or capable of being used for a signalling apparatus, either visual or otherwise;

(d) Any carrier or homing pigeons;

(e) Any motor-car, motor-cycle, or aircraft; or

(f) Any cipher code or other means of conducting secret correspondence.

The penalty of contravention or failure to comply with the Order is a fine not exceeding £100, or imprisonment, with or without hard labour, for a term not exceeding six months, etc.

The Order in Council contains full details as to Approved Ports and the Prohibited Areas within which all aliens must be registered.

ALLY.-See JOINT CAPTURE WITH ALLY; TRIPLE ALLIANCE.

ANALOGUES OF CONTRABAND is a term which seems due to a translation of Gessner's Analoge Fälle der Contrebande." "1 It covers the cases of transport of belligerent "Das Recht des Neutralen Seehandels." Bremen, 1855, p. 48.

ANALOGUES OF CONTRABAND-continued

troops and belligerent despatches now dealt with in the Declaration of London (q.v.) under the heading of Unneutral Service (q.v.).

ANGARY, RIGHT OF.-This is the right of a belligerent in time of war to seize and apply any kind of property on belligerent territory.

See limitations to the right, Arts. 53 and 54 of the Regulations respecting the Laws and Customs of War on Land.

ANNEXATION in international practice has a precise meaning, distinguishable from a sphere of influence, which implies no sovereignty; suzerainty, which implies a controlling power over the vassal State; a protectorate, which places its external relations entirely under the direction of the protecting State. Annexation implies the complete displacement in the annexed territory of the Government by which it was previously ruled, and the substitution for it of that of the annexing State. The annexed territory becomes an integral part of the dominions of the annexing State, with all the consequences of subjection to the new sovereign. See MILITARY OCCUPATION.

ARMED MERCHANT SHIPS.-The arming of merchant ships for the purpose of self-defence in war time against the attack of enemy cruisers is quite distinguishable from privateering, and does not come under the application of The Hague Convention, 1907, No. VII., as to the conversion

« EdellinenJatka »