Part 5 (1/2)

Like Ja.n.u.s of old, it has two faces. On that which looks towards the native tribes all the lineaments and attributes of sovereignty are majestically outlined. On that which is turned towards the United Kingdom is written subordination and submission.”[72] The acts of these companies become the basis of subsequent negotiations among the various European states, and the companies have a very important influence in molding the character of African development.

-- 26. Individuals

Without entering into discussion of ”the doctrine of the separability of the individual from the state,” it is safe to affirm that individuals have a certain degree of competence under exceptional circ.u.mstances, and may come under the cognizance of international law. By the well-established dictum of international law a pirate may be captured by any vessel, whatever its nationality. General admiralty and maritime procedure against a person admit the legal status of an individual from the point of view of international law. The extension of trade and commerce has made this necessary. This is particularly true in time of war, when individuals wholly without state authorization, or even in contravention of state regulations, commit acts putting them within the jurisdiction held to be covered by international law, as in the case of persons brought before Prize Courts. The principles of private international law cover a wide range of cases directly touching individuals.

-- 27. Insurgents

(_a_) =Definition.= Insurgents are organized bodies of men who, for public political purposes, are in a state of armed hostility to an established government.

(_b_) =Effect of Admission of Insurgency.= The practice of tacitly admitting =insurgent rights= has become common when the hostilities have a.s.sumed such proportions as to jeopardize the sovereignty of the parent state over the rebelling community, or seriously to interfere with customary foreign intercourse.[73] The general effect of the admission is shown as follows:[74]

(1) Insurgent rights cannot be claimed by those bodies seeking other than political ends.[75]

(2) Insurgent acts are not piratical, as they imply the pursuit of ”public as contrasted with private ends.”[76]

(3) The admission of insurgent rights does not carry the rights of a belligerent, nor admit official recognition of insurgent body.[77]

(4) The admission of insurgent rights does not relieve the parent state of its responsibilities for acts committed within its jurisdiction.[78]

(5) When insurgents act in a hostile manner toward foreign states, they may be turned over to the parent state, or may be punished by the foreign state.[79]

(6) A foreign state must in general refrain from interference in the hostilities between parent state and insurgents, _i.e._ cannot extend hospitality of its ports to insurgents, extradite insurgents, etc.[80]

(7) When insurgency exists, the armed forces of the insurgents must observe and are ent.i.tled to the advantages of the laws of war in their relations to the parent state.[81]

+Note.+ During the struggles between the parties in the United States of Colombia in 1885, the President of Colombia decreed: (1) That certain Carribean ports held by the opposing party should be regarded as closed to foreign commerce, and trade with these ports would be considered illicit and contraband, and that vessels, crews, etc., involved in such trade would be liable to the penalties of Colombian laws. (2) That as the vessels of the opposing party in the port of Cartagena were flying the Colombian flag, it was in violation of right, and placed that party beyond the pale of international law.[82]

The United States refused to recognize the validity of the first decree unless Colombia should support it by an effective blockading force.[83] (For similar position on part of Great Britain, see Parl.

Deb. H. C., June 27, 1861.)

The United States also refused to recognize that the vessels of the insurgents were beyond the pale of international law or in any sense piratical.

The United States did not deny that closure might be a domestic measure similar to blockade in accord with munic.i.p.al law, but emphatically maintained that effective blockade only could close a port in time of such insurrection.

It was further maintained that ”The denial by this [U.S.] Government of the Colombian proposition did not, however, imply the admission of a belligerent status on the part of the insurgents.” Message Pres.

Cleveland, Dec. 8, 1885.[84]

The President's messages of Dec. 2, 1895, and Dec. 7, 1896, distinctly mention a status of insurgency as existing in Cuba.

During the rebellions in Chili in 1891 and in Brazil in 1894, the insurgents, while not recognized as belligerents by third powers, were nevertheless given freedom of action by these powers.

-- 28. Belligerents

(_a_) =Definition.= A community attempting by armed hostility to free itself from the jurisdiction of the parent state may, under certain conditions, be recognized as a belligerent.

(_b_) The general =conditions prior to recognition= are: (1) that the end which the community in revolt seeks shall be political, _i.e._ a mere mob or a party of marauders could have no belligerent rights, (2) the hostilities must be of the character of war and must be carried on in accord with the laws of war, (3) the proportions of the revolt must be such as to render the issue uncertain and to make its continuance for a considerable time possible, (4) the hostilities and general government of the revolting community must be in the hands of a responsible organization.