亨利-梅因：国际法Lecture 10

upon.

　　A few words may be usefully added on other terms of the art of war which are allied to those which I have been defining. A Cartel is an engagement for

the exchange of prisoners of war. A cartel ship is a ship commissioned for the exchange of prisoners. She is considered a neutral ship， and must not engage in any hostilities or carry implements of war except a signal gun. A Safe-conduct or Passport is a document given by the commander of a belligerent force enabling certain persons to pass， either alone or with servants and effects， within the limits occupied by the force of such commanding officer. In the so-called Schnabele case which arose on the frontier of France and Germany， you may remember， it was decided there might be an implied safe-conduct. The expression 'passport' is usually applied to persons， and 'safe-conduct' both to persons and things. A safe-conduct for a person is not transferable， and comes to an end at the date stated， unless the bearer is detained by sickness or other unavoidable cause， in which case it terminates on the cessation of the cause. A safe-conduct may be revoked if it is injurious to the State； that is， an officer preparing for a great expedition may revoke the safe-conduct of a person who would by means of such safe-conduct be able to carry information to the enemy. In such case， however， he must give time and opportunity to the bearer to withdraw in safety. A safe-conduct， however， for goods admits of their being removed by some person other than the owner， unless there is some specific objection against the person employed. A Safe-guard is a guard posted by a commanding officer for the purpose of protecting property or persons against the operations of his own troops. To force such a guard is by English law a military offense of the gravest character， and our Army Act makes it punishable by death.

　　You may remember that not many months ago serious uneasiness was felt throughout Europe on account of an incident on the new French and German frontier. A French official， belonging by birth to the former German population of provinces now French， was found on territory now German， under circumstances which made him liable to arrest under a German law. His defence was， that on that and several past occasions he had been invited by the German frontier officials to help in settling border questions. The German officials asserted that， however that might be， he was on the present occasion engaged in acts of hostility to Germany. After some diplomatic correspondence， the German Government laid down that， if German officials invited a French functionary to cross the frontier into German territory for any reason， he enjoyed an implied safe-conduct to his home in France， and therefore M. Schnabele was released. The controversy， therefore， ended in the establishment of the point that a safe-conduct may be not only express but implied

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