The Hague, 29 July 1899 entry into force: 4 september 1900


Article 30 A spy taken in the act cannot be punished without previous trial. Article 31



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Article 30
A spy taken in the act cannot be punished without previous trial.
Article 31
A spy 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 responsibility for his previous acts of espionage.
CHAPTER III - flags of truce
Article 32
An individual is considered as a parlementaire who is authorized by one of the belligerents to enter into communication with the other, and who carries a white flag. He has a right to inviolability, as well as the trumpeter, bugler, or drummer, the flag-bearer and the interpreter who may accompany him.
Article 33
The chief to whom a parlementaire is sent is not obliged to receive him in all circumstances.
He can take all steps necessary to prevent the parlementaire taking advantage of his mission to obtain information.
In case of abuse, he has the right to detain the parlementaire temporarily.
Article 34
The parlementaire loses his rights of inviolability if it is proved beyond doubt that he has taken advantage of his privileged position to provoke or commit an act of treason.
CHAPTER IV – capitulations
Article 35
Capitulations agreed on between the Contracting Parties must be in accordance with the rules of military honour. When once settled, they must be scrupulously observed by both the parties.
CHAPTER V – armistices
Article 36
An armistice suspends military operations by mutual agreement between the belligerent parties. If its duration is not fixed, the belligerent parties can resume operations at any time, provided always the enemy is warned within the time agreed upon, in accordance with the terms of the armistice.
Article 37
An armistice may be general or local. The first suspends all military operations of the belligerent States; the second, only those between certain fractions of the belligerent armies and in a fixed radius.
Article 38
An armistice must be notified officially, and in good time, to the competent authorities and the troops. Hostilities are suspended immediately after the notification, or at a fixed date.
Article 39
It is for the Contracting Parties to settle, in the terms of the armistice, what communications may be held, on the theatre of war, with the population and with each other.
Article 40
Any serious violation of the armistice by one of the parties gives the other party the right to denounce it, and even, in case of urgency, to recommence hostilities at once.
Article 41
A violation of the terms of the armistice by private individuals acting on their own initiative, only confers the right of demanding the punishment of the offenders, and, if necessary, indemnity for the losses sustained.
SECTION III - military authority over hostile territory
Article 42
Territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation applies only to the territory where such authority is established, and in a position to assert itself.
Article 43
The authority of the legitimate power having actually passed into the hands of the occupant, the latter shall take all steps in his power to re-establish and insure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.

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