CHAPTER IV

INTERCOURSE BETWEEN BELLIGERENT ARMIES

[Sidenote: 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, 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 is visiting 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.

[Sidenote: 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 experience shows, 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.

[Sidenote: 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.

[Sidenote: 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.

[Sidenote: 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.

[Sidenote: 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.

[Sidenote: 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.

[Sidenote: 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.

[Sidenote: 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 eyes

of 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.

[Sidenote: 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.

[Sidenote: 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 the principal 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.

The War Book of the German General Staff Being "The Usages of War on Land" Issued by the Great General Staff of the German Army · 第 4 / 9 章