That Faith must be kept even with an Enemy.
In the following pages we have only to do with war treaties in the narrower sense, that is such as are concluded during the war itself and have as their object either the regulation of certain relations during the period of the war, or only an isolated and temporary measure. It is a principle of all such treaties that: Etiam hosti fides servanda. Every agreement is to be strictly observed by both sides in the spirit and in the letter. Should this rule not be observed by one side then the other has the right to regard the treaty as denounced.
How a treaty is to be concluded depends on the discretion of those who conclude it. Drafts or models of treaties do not exist.
A.—Treaties of Exchange
Exchange of Prisoners.
These have for their object the mutual discharge or exchange of prisoners of war. Whether the opponent will agree to an offer of this kind or not, depends entirely upon himself.
The usual stipulation is: An equal number on both sides. That is only another way of saying that a surplus of prisoners on the one side need not be handed over.
The restitution of a greater number of common soldiers against officers can be stipulated; in that case, the relative value of different grades must be precisely fixed in the treaty.
B.—Treaties of Capitulation
Capitulations—they cannot be too meticulous.