Evening star. [volume] (Washington, D.C.) 1854-1972, 1914-11-29
WAR HAS ITS OWN REMARKABLE CODE OF LAW

arms Of nature TO cause superfluous
injury.
x
AS affects the individual citizen of the
belligerent forces, the law of war allows
an extreme right that all OF the subjects
within the territory of war are liable
to be seized ana retained as prisoners OF
war This right is the growth OF the
fact that a war, officially recognized. is
not merely a contest between the GOV
ernments of the hostile states, on the
contrary. its first effect is to place every
individual in legal hostility to every H.
dividual of the opposition.
While this right has been stripped 81
much of its rigor in modern warfare by
the milder rules resulting from the US age
of nations ii is the exercise OF this rlsht
that has been affected and not the rlshf
itself Ii may be enforce! at any time
at rhe discretion OF the belligerent.
The recognition of this prerogatlEe.
liable TO be carried out to the letter by
the combatants, was the cause or the
PERCEPTIONS exodus of Americans from
the territory of the belligerents when
the first declaration of war was made
in Europe late last summer IheE
realized that it might be their tate 10
find themselves subjected 10 an man
ner of perils with limited right OF ap-
peal through their ministers, ana UNI
der obligation to abide by decisions
that would be dictated only with re-
gard for the safety OF the general pup.
lie For instance, they would find
their individuality submerged in that
of the country wherein they might be
located, and obliged to share with Its
citizens the horrors and Inconvenience
Of war-even the possibility of being
taken prisoner.
This question of how far the bellig-
erents may maltreat their enemies also
involves the principle of property
rights Since it is deemed that prop
erty as well as citizens is hostile in
times of war. the phase of interna-
tional law which determines the limits
to which property may be seized or de-
stroyed is worthy of notice in its Spe-
cial application to the treasures of
Europe in danger of destruction.
One is constantly hearing of the i'm
minent danger to the glorious works
of art contained in the museums and
galleries of the European capitals.
Does the law of war discriminate in
any way against the destruction Of
priceless works of genius and art
treasures?
The weight of authority claims that
works of art are subject to capture.
but must be taken without injury and
their ultimate ownership settled by
the ensuing treaty of peace AS re
CARDS the destruction of temples,
tombs statues. or other works of art,
opinion claims that no nation is JUS
titled in wanton destruction; but in so
far as the destruction is an accident
or the necessary result of military
operations it is condoned.
So far as such property as state pa
pers, public archives, historical records
and judicial and legal documents are
concerned, it is permitted that they may
be seized but must be turned over to
the authorities from whom they were
taken at the end of the war Some
have contended that this same law
should apply to libraries and works of
art, but it has been pointed out that
there is an obvious distinction.
Private property rights are treated
in an entirely different manner. Ac-
cording to the general theory of war,
all private property may be taken by
the conqueror. Modern usage has
modified this rule to the extent that
private property may not be touched
without making compensation, except
where the confscations are for mill
tary offenses, for contribution to the
support Of the army or as indemnity
for the expense of maintaining the con-
quered. Seizure of private property Is
also allowed when the mass of people