[406] This was almost generally recognised, but was refused recognition by Count Bismarck during the Franco-German War (see below, § [249]) and by some German publicists, as, for instance, Lueder in Holtzendorff, IV. p. 479, note 6.
[407] See Holland, Prize Law, § [249], and U.S. Naval War Code, articles 10, 11.
Violence against Non-combatant Members of Naval Forces.
§ 202. Just as military forces consist of combatants and non-combatants, so do the naval forces of belligerents. Non-combatants, as, for instance, stokers, surgeons, chaplains, members of the hospital staff, and the like, who do not take part in the fighting, may not be attacked directly and killed or wounded.[409] But they are exposed to all injuries indirectly resulting from attacks on or by their vessels. And they may certainly be made prisoners of war, with the exception of members of the religious, medical, and hospital staff, who are inviolable according to article 10 of the Hague Convention for the adaptation to maritime warfare of the principles of the Geneva Convention.[410]
[409] See U.S. Naval War Code, article 3.
Violence against Enemy Individuals not belonging to the Naval Forces.
§ 203. Since and so far as enemy individuals on board an attacked or seized enemy vessel who do not belong to the naval forces do not take part in the fighting, they may not directly be attacked and killed or wounded, although they are exposed to all injury indirectly resulting from an attack on or by their vessel. If they are mere private individuals, they may as an exception only and under the same circumstances as private individuals on occupied territory be made prisoners of war.[411] But they are nevertheless, for the time they are on board the captured vessel, under the discipline of the captor. All restrictive measures against them which are necessary are therefore lawful, as are also punishments, in case they do not comply with lawful orders of the commanding officer. If they are enemy officials in important positions,[412] they may be made prisoners of war.
[411] See U.S. Naval War Code, article 11, and above, § [116].