CHAPTER V

SCOUTS AND SPIES

[Sidenote: The Scout.]

[Sidenote: The Spy and his short shrift.]

Scouting resolves itself into a question of getting possession of

important information about the position, strength, plans, etc.,

of the enemy, and thereby promoting the success of one’s own side.

The existence of scouting has been closely bound up with warfare

from the earliest times; it is to be regarded as an indispensable

means of warfare and consequently is undoubtedly permissible. If

the scouting takes place publicly by recognizable combatants then

it is a perfectly regular form of activity, against which the enemy

can only use the regular means of defense, that is to say, killing

in battle, and capture. If the scouting takes the form of secret

or surreptitious methods, then it is espionage, and is liable to

particularly severe and ruthless measures by way of precaution and

exemplary punishment--usually death by shooting or hanging. This severe

punishment is not inflicted on account of dishonorable disposition

on the part of the spy--there need exist nothing of the kind, and

the motive for the espionage may arise from the highest patriotism

and sentiment of military duty quite as often as from avarice and

dishonorable cupidity[74]--but principally on account of the particular

danger which lies in such secret methods. It is as it were a question

of self-defense.

Having regard to this severe punishment introduced by the usages of

war, it is necessary to define the conception of espionage and of spies

as precisely as possible.

[Sidenote: What is a Spy?]

A spy was defined by the German army staff in 1870 as one “who seeks

to discover by clandestine methods, in order to favor the enemy, the

position of troops, camps, etc.; on the other hand enemies who are

soldiers are only to be regarded as spies if they have violated the

rules of military usages, by denial or concealment of their military

character.”

The Brussels Declaration of 1874 defines the conception as follows: “By

a spy is to be understood he who clandestinely or by illicit pretenses

enters or attempts to enter into places in the possession of the enemy

with the intention of obtaining information to be brought to the

knowledge of the other side.” The Hague Conference puts it in the same

way.

[Sidenote: Of the essentials of Espionage.]

The emphasis in both declarations is to be laid on the idea of

“secrecy” or “deception.” If regular combatants make enquiries in

this fashion, for example in disguise, then they also come under

the category of spies, and can lawfully be treated as such. Whether

the espionage was successful or not makes no difference. The motive

which has prompted the spy to accept his commission, whether noble or

ignoble, is, as we have already said, indifferent; likewise, whether

he has acted on his own impulse or under a commission from his own

State or army. The military jurisdiction in this matter cuts across

the territorial principle and that of allegiance, in that it makes no

difference whether the spy is the subject of the belligerent country or

of another State.

It is desirable that the heavy penalty which the spy incurs should be

the subject not of mere suspicion but of actual proof of existence

of the offense, by means of a trial, however summary (if the swift

course of the war permits), and therefore the death penalty will not be

enforced without being preceded by a judgment.

[Sidenote: Accessories are Principals.]

Participation in espionage, favoring it, harboring a spy, are equally

punishable with espionage itself.

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 5 / 9 章