Outlines of International Law

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237.
* Davis, "Elements of Int. Law, " 3d ed. , p. 323.
LAWS OF WAR 327 soldiers or civilians carrying out their mission openly, charged with the delivery of despatches destined either for their own army or for that of the enemy. To this class belong, likewise, individuals sent in balloons to deliver despatches and generally to maintain communications between the various parts of an army or a territory. " Article 30 reads that: "A spy taken in the act cannot be punished without previous trial.
..." The trial will be by court martial, and the extreme penalty is death.
Article 31 states that "A spy, however, who after rejoining the army to which he belongs is subsequently captured by the enemy is treated as a prisoner of war and incurs no re- sponsibility for his previous acts of espionage. "* "Service as a spy, " says General Davis, "is voluntary and cannot be compelled. A state cannot require an individual in its military service to act as a spy. If it permits or authorizes a person in its military or navp.


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