War: Its Conduct And Legal Results

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H. R., Article 34.
N i94 THE LAWS OF WAR ON LAND able sin about which all are agreed. To raise the flag of truce in order to cover an attack is the meanest of military misdemeanours. The German War-book declares : " Apparent surrender in order to kill the un- suspicious enemy as he approaches, misuse of the flag of truce or of the Red Cross in order to get to closer quarters, or for the purposes of an attack "i — such conduct, it declares, is contrary to the most elementary notions of chivalry
...and honour. It is worthy of remark that on this question the military authors of the War-book profess to take a higher standard than that adopted by jurists — " The putting on of the enemy's uniforms, the use of enemy or neutral banners, flags, and insignia for purposes of deceit, is generally declared permissible 2 by writers on the laws of war, but military writers have unanimously spoken out against such things {Kriegsbrauch, p. 24)." As, however, the passage is immediately followed by extensive quotations (without any further expression 1 Kriegsbrauch, p.

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