Whenever, in the present Convention, mention is made of a Protecting Power, such mention also applies to substitute organizations in the sense of the present Article. (GWS, art. 10; GWS Sea, art. 10; GPW, art. 10; GC, art. 11.) 19. Conciliation Procedure In cases where they deem it advisable in the interest of protected persons, particularly in cases of disagreement between Parties to the conflict as to the application or interpretation of the provisions of the present Convention, the Protecting Powers shall lend their good offices with a view to settling the disagreement. For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, in particular of the authorities responsible for *** [persons protected by the convention] possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protecting Powers may, if necessary, propose for approval by the Parties to the conflict, a person belonging to a neutral Power or delegated by the International Committee of the Red Cross, who shall be invited to take part in such a meeting. (GWS, art. 11; GWS Sea, art. 11; GPW, art. 11; GC, art. 12.) made d titute S, art.: CHAPTER 2 HOSTILITIES of p betwe ationi Power sagre Section I. COMMENCEMENT OF HOSTILITIES 20. Declaration of War Required a. Treaty Provision. The Contracting Powers recognize that hostilities between themselves must not commence without previous and explicit warning, in the form either of a reasoned declaration of war or of an ultimatum with conditional declaration of war. (H. III, art. 1.) b. Surprise Still Possible. Nothing in the foregoing rule requires that any particular length of time shall elapse between a declaration of war and the commencement of hostilities. 21. Notification to Neutrals The existence of a state of war must be notified to the neutral Powers without delay, and shall not take effect in regard to them until after the receipt of a notification, which may, however, be given by telegraph. Neutral Powers, nevertheless, cannot rely on the absence of notification if it is clearly established that they were in fact aware of the existence of a state of war. (H.III, art. 2.) 22. When Articles of Hague Convention No. III Effective Between Parties Article I of the present Convention shall take effect in case of war between two or more of the Contracting Powers. Article II is binding as between a belligerent Power which is a party to the Convention and neutral Powers which are also parties to the Convention. (H. III, art. 3.) 23. Present Effect of Foregoing Rules The Charter of the United Nations makes illegal the threat or use of force contrary to the purpose of the United Nations. It requires members of the organization to bring about by peaceful means adjustment or settlement of international disputes or situations which might lead to a breach of the peace. However, a nonmember nation or a member nation which violates these provisions of the Charter commits a further breach of international law by commencing hostilities without a declaration of war or a conditional ultimatum as required by the foregoing articles of Hague Convention No. III. Conversely, a State which resorts to war in violation of the Charter will not render its acts of aggression or breach of the peace any the less unlawful by formally declaring war. 24. Constitutional Provision Article 1, section 8, clause 11, of the United States Constitution provides that "The Congress shall have power *** to declare War." The law of war may, however, be applicable to an international conflict, notwithstanding the absence of a declaration by the Congress. (See pars. 8 and 9, concerning the situations to which the law of war has application.) 25. Enemy Status of Civilians Under the law of the United States, one of the consequences of the existence of a condition of war between two States is that every national of the one State becomes an enemy of every national of the other. However, it is a generally recognized rule of international law that civilians must not be made the object of attack directed exclusively against them. 26. Effect on Enemy Aliens Enemy aliens located or resident in United States territory are not. necessarily made prisoners or interned en masse on the breaking out of hostilities. Such persons may be allowed to leave the United States if their departure is consistent with national interest (GC, art. 35; par. 274 herein). If the security of the United States makes it absolutely necessary, enemy aliens may be placed in assigned residence or internment (GC, art. 42; par. 281 herein). Measures of control are normally taken with respect to at least persons known to be active or reserve members of a hostile army, persons who would be liable to service in the enemy forces, and persons who it is expected would furnish information or other aid to a hostile State. (See ch. V, sec. IV, concerning the treatment of aliens in the territory of a party to the conflict.) 27. Expulsion In modern practice at the outbreak of hostilities the expulsion of the citizens or subjects of the enemy is generally decreed from seaports, the area surrounding airbases, airports, and fortified places, areas of possible attack, and the actual or contemplated theaters of operation. When expulsion is decreed, the persons expelled should be given such reasonable notice, consistent with public safety, as will enable them to arrange for the collection, disposal, and removal of their goods and property and for the settlement of their personal affairs. Such persons do not, however, benefit from the provisions of Articles 41 through 45, GC (pars. 280-284). Section II. FORBIDDEN CONDUCT WITH RESPECT TO PERSONS 28. Refusal of Quarter It is especially forbidden ***to declare that no quarter will be given. (HR, art. 23, par. (đ).) 29. Injury Forbidden After Surrender It is especially forbidden *** to kill or wound an enemy who, having laid down his arms, or having no longer means of defense, has surrendered at discretion. (HR, art. 23, par. (c).) 30. Persons Descending by Parachute The law of war does not prohibit firing upon paratroops or other persons who are or appear to be bound upon hostile missions while such persons are descending by parachute. Persons other than those mentioned in the preceding sentence who are descending by parachute from disabled aircraft may not be fired upon. 31. Assassination and Outlawry HR provides:critete It is especially forbidden *** to kill or wound treacherously individuals belonging to the hostile nation or army. (HR, art. 23, par. (b).) This article is construed as prohibiting assassination, proscription, or outlawry of an enemy, or putting a price upon an enemy's head, as well as offering a reward for an enemy "dead or alive". It does not, however, preclude attacks on individual soldiers or officers of the enemy whether in the zone of hostilities, occupied territory, or elsewhere. 32. Nationals Not To Be Compelled to Take Part in Operations Against Their Own Country A belligerent is likewise forbidden to compel the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war. (HR, art. 23, 2d par.) Section III. FORBIDDEN MEANS OF WAGING WARFARE 33. Means of Injuring the Enemy Limited a. Treaty Provision. The right of belligerents to adopt means of injuring the enemy is not unlimited. (HR, art. 22.) b. The means employed are definitely restricted by international declarations and conventions and by the laws and usages of war. 34. Employment of Arms Causing Unnecessary Injury a. Treaty Provision. It is especially forbidden *** to employ arms, projectiles, or material calculated to cause unnecessary suffering. (HR, art. 23, par. (e).) b. Interpretation. What weapons cause "unnecessary injury" can only be determined in light of the practice of States in refraining from the use of a given weapon because it is believed to have that effect. The prohibition certainly does not extend to the use of explosives contained in artillery projectiles, mines, rockets, or hand grenades. Usage has, however, established the illegality of the use of lances with barbed heads, irregular-shaped bullets, and projectiles filled with glass, the use of any substance on bullets that would tend unnecessarily to inflame a wound inflicted by them, and the scoring of the surface or the filing off of the ends of the hard cases of bullets. 35. Atomic Weapons The use of explosive "atomic weapons," whether by air, sea, or land forces, cannot as such be regarded as violative of international law in the absence of any customary rule of international law or international convention restricting their employment. 36. Weapons Employing Fire The use of weapons which employ fire, such as tracer ammunition, flamethrowers, napalm and other incendiary agents, against targets requiring their use is not violative of international law. They should not, however, be employed in such a way as to cause unnecessary suffering to individuals. 37. Poison a. Treaty Provision. It is especially forbidden *** to employ poison or poisoned weapons. (HR, art. 23, par. (a).) b. Discussion of Rule. The foregoing rule does not prohibit measures being taken to dry up springs, to divert rivers and aqueducts from their courses, or to destroy, through chemical or bacterial agents harmless to man, crops intended solely for consumption by the armed forces (if that fact can be determined). 38. Gases, Chemicals, and Bacteriological Warfare The United States is not a party to any treaty, now in force, that prohibits or restricts the use in warfare of toxic or nontoxic gases, of smoke or incendiary materials, or of bacteriological warfarė. A treaty signed at Washington, 6 Febuary 1922, on behalf of the United States, the British Empire, France, Italy, and Japan (3 Malloy, Treaties 3116) contains a provision (art. V) prohibiting "The use in |