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Textile Trades, Consumer Cultures, and The Material Worlds of The Indian Ocean: An Ocean of Cloth 1st Edition Pedro Machado
Textile Trades, Consumer Cultures, and The Material Worlds of The Indian Ocean: An Ocean of Cloth 1st Edition Pedro Machado
Textile Trades, Consumer Cultures, and The Material Worlds of The Indian Ocean: An Ocean of Cloth 1st Edition Pedro Machado
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PALGRAVE SERIES
IN INDIAN OCEAN
WORLD STUDIES
TEXTILE TRADES,
CONSUMER CULTURES,
AND THE MATERIAL WORLDS
OF THE INDIAN OCEAN
An Ocean of Cloth
Edited by Pedro Machado,
Sarah Fee, and Gwyn Campbell
Palgrave Series in Indian Ocean World Studies
Series Editor
Gwyn Campbell
McGill University
Montreal, Canada
This is the first scholarly series devoted to the study of the Indian Ocean
world from early times to the present day. Encouraging interdisciplinar-
ity, it incorporates and contributes to key debates in a number of areas
including history, environmental studies, anthropology, sociology, politi-
cal science, geography, economics, law, and labor and gender studies.
Because it breaks from the restrictions imposed by country/regional
studies and Eurocentric periodization, the series provides new frame-
works through which to interpret past events, and new insights for pre-
sent-day policymakers in key areas from labor relations and migration to
diplomacy and trade.
Textile Trades,
Consumer Cultures,
and the Material
Worlds of the Indian
Ocean
An Ocean of Cloth
Editors
Pedro Machado Gwyn Campbell
Department of History Indian Ocean World Centre
Indiana University Bloomington McGill University
Bloomington, IN, USA Montreal, QC, Canada
Sarah Fee
Department of World Cultures
Royal Ontario Museum
Toronto, ON, Canada
Cover image: Courtesy of the Melville J. Herskovits Library of African Studies Winterton
Collection, Northwestern University
Over two cold grey days in November, 2012, a group of thirty schol-
ars from around the world gathered in Montreal, Canada to consider
the critical role that textiles—as perhaps no other material good—have
played in driving and shaping exchange in the Indian Ocean world, in
structuring material lives, influencing notions of fashion as cultural and
bodily practice, and underpinning social and political structures of asso-
ciation between people.
The conference ‘The Textile Trades of the Indian Ocean World,
From Early Times to the Present Day’ drew an extraordinarily diverse,
multi-disciplinary gathering of art historians, museum curators, anthro-
pologists, archaeologists and historians representing a rich mix of sen-
ior scholars, junior faculty and Ph.D. students. The result was a vibrant,
robust and wide-ranging number of discussions that stimulated lively
debate. The present volume emerged out of these exchanges and the
contributors are to be thanked for producing such fine final papers.
For making possible this unique opportunity to share sources, per-
spectives, interpretations and theoretical concerns, we must first thank
Gwyn Campbell and the Indian Ocean World Centre (IOWC), McGill
University, which organized and hosted the event. Lori Callaghan,
IOWC manager at the time, valiantly steered complex travel plans
through Hurricane Sandy. Bringing scholars from three continents
and ten countries would not have been possible without a generous
Conference Grant from the Social Sciences and Humanities Research
Council of Canada (SSHRC). A travel grant from the Pasold Fund
v
vi Acknowledgements
Pedro Machado
Sarah Fee
Gwyn Campbell
Contents
vii
viii Contents
Index 397
Editors and Contributors
xi
xii Editors and Contributors
Contributors
xvii
xviii List of Figures
Fig. 4.6 Sample fabric of a scarf for export to West Africa, with
feather pattern, in imitation of batik printing. Sanwa
Trading Company, ca. 1957. Synthetic fabric,
35 inches × 35 inches. (With permission and courtesy
of Industrial Technique Promotion Center, Economic
Affairs Bureau of Yokohama City No. 11762) 94
Fig. 4.7 Sample fabric of a scarf for export to Mombasa, Kenya,
with imagery of Queen Elizabeth and her children. Sanyo
Sangyo Co. Ltd., ca. 1957. Silk Satin. Half of a square
29 inches × 29 inches. (With permission and courtesy
of Industrial Technique Promotion Center, Economic
Affairs Bureau of Yokohama City No. 4649c) 95
Fig. 4.8 Gross volume of exported scarves for African markets
classified by materials (based on the statistics of the
Industrial Guild of Japanese Scarves for Export 1989:
pp. 145–155) 96
Fig. 4.9 Gross volume of exported scarves for Middle
East markets classified by materials (based on the statistics
of the Industrial Guild of Japanese Scarves for Export 1989:
pp. 145–155) 97
Fig. 4.10 Printed wrapper for African market, with fish and flower
motifs. Cotton printed and dyed with the ‘Green Wax’
printing technique, 1098 mm × 1610 mm. (With permission
and courtesy of the Kyoto Institute of Technology
Museum and Archivse, Daido-Maruta Collection No.
AN.5680-356) 98
Fig. 4.11 Photo made for a poster advertising Japanese synthetic
sarees featuring the actress Rekha. Teijin Co. Ltd., ca.
1970s. (Collection of the author) 101
Fig. 5.1 Total exports of Japanese cotton products, in 1000 yards,
1930–1931 (based on statistics provided
in Kōbe Yūshi Nippō, 17 January 1932) 115
Fig. 5.2 East African share in total exports of Japanese cotton
products, 1926–1939 (based on statistics provided
in Nihon menshifu yusyutu kumiai 1957) 116
Fig. 8.1 Thirteenth-century stone carving from Candi Jago East
Java. The textile held by a societal elite serves as the
focal point (Photograph by the author) 185
Fig. 8.2 Kain pajang batik (long cloth with batik embellishment),
product of the Yogyakarta court of central Java, c. 2004,
presented as a gift to the author. (Photograph by the author) 186
List of Figures xix
Fig. 8.3 Cap, or brass hand-stamps used for printing textile designs
in contemporary Java and Bali (Photograph by the author) 199
Fig. 8.4 Agencies and the flow of raw materials, tools, labour
and finished products in seventeenth- to nineteenth-century
Javanese textile production 202
Fig. 9.1 Man’s hand-woven turban, collected in Muscat
by Joest before 1899. Machine- and hand-spun cotton
with silk yellow stripes, checked blue, white and black
centre, with two colours of interlocking wefts,
120 × 308 cm. The piece is missing one of its red
borders, which has been digitally reconstructed here
to show how the full cloth would have appeared.
Rautenstrauch-Joest Museum, Cologne 10732
(photograph © Rheinisches Bildarchiv) 215
Fig. 9.2 Portrait of Ahmad ibn Na’aman, 1840, by Edward
Ludlow Mooney. Painted on the occasion of Na’aman’s
visit to New York aboard the Sultanah. Peabody Essex Museum
M4473, gift of Mrs. William P. McMullan, 1918
(©Peabody Essex Museum, Salem, MA. Photography
by Jeffrey D. Dykes) 219
Fig. 9.3 One panel of the debwani striping pattern, from
the collections of Henry M. Stanley. Cotton, 525 × 66 cm.
Object i.d. HO.1954.72.194, collection RMCA Tervuren
(photograph J.-M.Vandyck. © RMCA Tervuren) 228
Fig. 9.4 One panel of the sahari striping pattern, from
the collections of Henry M. Stanley. Cotton, 485 × 65 cm.
Object i.d. HO.1954.72.196, collection RMCA Tervuren
(photograph J.-M.Vandyck. © RMCA Tervuren) 229
Fig. 9.5 One panel of the subaya striping pattern, industrially woven
in the Netherlands for the eastern African market, collected
in Zanzibar before 1895. Note the small centre field
and wide, multiple red bands at the two ends. Cotton,
456 × 74 cm. Object i.d. MAF8901, Courtesy of the
Grassi Museum fur Volkerkunde zu Leipzig, Staatliche
Kunstsammlungen Dresden (photograph: Christel Treumer) 230
Fig. 9.6 One panel of the barawaji striping pattern, hand-woven
in Oman for the east African market, collected in Muscat
in 1895. Cotton, silk (yellow and red stripes), tapestry
joined weft. (12153 © Musée d’Histoire Naturelle de Lille) 232
Fig. 9.7 An Arab weaver near Mombasa using the narrow loom
to add an end band to a colourful Muscat cloth, c.1890
(photograph J. Sturtz, from Land und Leute in
xx List of Figures
xxiii
List of Maps
xxv
CHAPTER 1
1 Annette Weiner and Jane Schneider eds. Cloth and Human Experience (Washington and
P. Machado (*)
Department of History, Indiana University, Bloomington, IN, USA
S. Fee
Department of World Cultures, Royal Ontario Museum, Toronto, ON,
Canada
centre.2 Much of this work has tended to focus, however, on the west-
ern reaches of the Indian Ocean, and the circulations and mobilities of
intertwined social geographies linking eastern Africa, the Red Sea, the
Arabian Peninsula, the Gulf and India, inadvertently eliding the broader
currents of connection that stretched across this oceanic space. For
instance, these currents brought Kampala in Uganda into relation with
Osaka in Japan through the production, distribution and consump-
tion of kanga cloths, as discussed in Chap. 5 in this volume by Hideaki
Suzuki. Broadening our analytical lenses beyond any sub-oceanic region
avoids the danger of geographic segmentation and allows for a more
capacious perspective that captures otherwise occluded intra-oceanic
histories.
Textile Trades, Consumer Cultures, and the Material Worlds of the
Indian Ocean thus endorses an expansive view of the ocean as an ‘inter-
action-based arena’ that, while connected to other oceans and seas, had
an internal dynamism and historical coherence created by widespread
human relationships that were themselves undergirded in significant ways
by the kinds of material exchanges and histories represented by the trades
and consumption of textiles discussed in this book.3 In taking such a per-
spective, we endorse the analytical possibilities and empirical pathways
opened up by the Indian Ocean and its social and cultural geographies,
from destabilizing nation-based framings of the past to unsettling con-
tinental or conventional regional boundaries. Careful to avoid reifying
ocean space, the volume traces the connections created along shifting
circuits of social, cultural and commercial engagement to chart cloth’s
many pasts among groups scattered along the coasts and interiors of an
2 Suggestive recent explorations of the potential of the Indian Ocean to subvert long-
established paradigms are provided, for instance, in Isabel Hofmeyr, “South Africa’s Indian
Ocean: Notes from Johannesburg,” History Compass 11 no. 7 (2013): pp. 508–512
(the quote is from p. 509); idem, “Universalizing the Indian Ocean,” PMLA 125, no. 3
(2010): pp. 721–729; Antoinette Burton, Clare Anderson, Isabel Hofmeyr, Christopher
J. Lee, Nile Green and Madhavi Kale, “Sea Tracks and Trails: Indian Ocean World as
Method,” History Compass, 11, no. 7 (2013): pp. 497–535; Lindsay Bremner, “Folded
Ocean: The Spatial Transformation of the Indian Ocean,” Journal of the Indian Ocean
Region 10, no. 1 (2013): pp. 1–28.
3 Nile Green, “Rethinking the “Middle East” after the Oceanic Turn,” Comparative
Studies of South Asia, Africa and the Middle East 34, no. 3 (2014): p. 560.
4 P. Machado and S. Fee
array of translocal4 nodes within the Indian Ocean.5 These were enabled
by dense webs of relationships and textiles that moved around the ocean
along maritime routes whose contours expanded or contracted according
to opportunities afforded by local and, in later periods especially, imperial
shipping; the two often co-existed and complemented one another.6
The Indian Ocean’s deserved status as the historic epicentre of tex-
tile innovation and trade is owed in large part to the area which gave
the ocean its name. India—and South Asia, more broadly—occupied a
privileged place in this ocean’s crosscurrents as its artisans produced and
supplied textiles of varying qualities and sizes to markets that stretched
from insular and island Southeast Asia to the Gulf, Red Sea and the east-
ern African coast from the Horn of Africa down to the Mozambique
Channel, Madagascar and adjacent islands. Indeed, its productive capaci-
ties and the widespread involvement and circulation of the subconti-
nent’s maritime merchant networks resulted in Indian textiles reaching
markets well beyond the Ocean, including northwestern Europe and
West Africa, the eastern Mediterranean and the Americas. Among
the greatest strengths of the Indian textile industry was its specializa-
tion in serving distinct and well-structured networks of long-distance
trade that connected it to multiple regions, its adaptability, the qualities
of the cloth—such as design and the durability of dyes, and its capac-
ity for product differentiation. Silk and, especially, cotton cloths were
produced in great quantities in distinctive manufacturing areas, with
the Coromandel Coast and Gujarat accounting for the bulk of exports
tive tool’ is derived from Ulrike Freitag and Achim von Oppen, “Introduction,” in
Translocality: The Study of Globalising Phenomena from a Southern Perspective, ed. Ulrike
Freitag and Achim von Oppen (Leiden: Brill, 2010): translocality “is an intermediary con-
cept which helps to better understand and conceptualise connections beyond the local
which are, however, neither necessarily global in scale nor necessarily connected to global
moments.” (p. 3).
5 Here the volume departs from a similarly themed collection edited by Ruth Barnes,
Textiles in Indian Ocean Societies (London:Routledge, 2005), that brought together essays
examining textiles analytically within single political frames rather than tracing the connec-
tions across and beyond them. We note also that Jerry Bentley first warned of the dan-
ger of reifying ocean space in his discussion of ocean basins, “Sea and Ocean Basins as
Frameworks of Historical Analysis,” Geographical Review 89, no. 2 (1999): pp. 215–224.
6 As noted especially by Erik Gilbert, Dhows and the Colonial Economy of Zanzibar
before the sixteenth century, while Bengal, the Punjab and Sind emerged
in later centuries as prominent centres with equally strong connections
to global trade networks. With the majority of cotton goods in global
trade originating in the Indian subcontinent before the eighteenth cen-
tury, India thus emerged both as a key nodal point in the textile histo-
ries of the ocean and as an important centre in the early modern global
economic and material worlds—its cloth serving in one recent assess-
ment as “one of the agents lubricating the wheels of commerce”—that
were undergirded by diverse consumer cultures and dense commercial
relationships.7
India’s long histories of textile production—especially cotton textile
production—have garnered unsurprisingly much attention among schol-
ars, from early Indian economic nationalist historians, who argued that
the exigencies of British rule had resulted in the de-industrialization
of the subcontinent’s production, to the work of scholars such as K.N.
Chaudhuri, whose dense econometric analysis and description of the
East India Company’s extensive trade in cotton piece goods revealed the
extent of their place in its commercial economy both within and beyond
the Indian Ocean. As widely traded commodities across a variety of cul-
tural, social and political arenas, their utility enhanced by their function
also as currencies of exchange and stores of value in merchant units of
account, Indian cottons were arguably the most important material arte-
fact in the economic life of Indian Ocean societies.
More recently, historians have reinvigorated the history of indus-
trialization, long understood to be connected to the mechanization of
cotton textile production, by examining the role of consumer demand
and notions of fashionability and taste that were shaped by the importa-
tion of high volumes of Indian cottons into Europe over the late sev-
enteenth century and, especially, in the eighteenth and early nineteenth
centuries. Questions of innovation, technology and knowledge transfer,
and competition, among others, have been explored anew as scholarship
has dramatically reshaped our understandings of the process and praxis of
European industrialization. Influenced to no small degree by the global
7 Giorgio Riello and Tirthankar Roy, “Introduction: The World of South Asian Textiles,
1500–1850,” in How India Clothed the World: The World of South Asian Textiles, 1500–
1850, ed. Giorgio Riello and Tirthankar Roy (Leiden: Brill, 2009), p. 10. See also Giorgio
Riello and Prasannan Parthasarathi (eds.), The Spinning World: A Global History of Cotton
Textiles, 1200–1850 (Oxford: Oxford University Press, 2009).
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ARTICLE L.
When the agents and counsel of the parties have submitted
all explanations and evidence in support of their case, the
President pronounces the discussion closed.
ARTICLE LI.
The deliberations of the Tribunal take place in private.
Every decision is taken by a majority of members of the
Tribunal. The refusal of a member to vote must be recorded
in the "procès-verbal."
ARTICLE LII.
The award, given by a majority of votes, is accompanied by
a statement of reasons. It is drawn up in writing and
signed by each member of the Tribunal. Those members who
are in the minority may record their dissent when signing.
ARTICLE LIII.
The award is read out at a public meeting of the Tribunal,
the agents and counsel of the parties being present, or
duly summoned to attend.
{359}
ARTICLE LIV.
The award, duly pronounced and notified to the agents of
the parties at variance, puts an end to the dispute
definitely and without appeal.
ARTICLE LV.
The parties can reserve in the "Compromis" the right to
demand the revision of the award. In this case, and unless
there be an agreement to the contrary, the demand must be
addressed to the Tribunal which pronounced the award. It
can only be made on the ground of the discovery of some new
fact calculated to exercise a decisive influence on the
award, and which, at the time the discussion was closed,
was unknown to the Tribunal and to the party demanding the
revision. Proceedings for revision can only be instituted
by a decision of the Tribunal expressly recording the
existence of the new fact, recognizing in it the character
described in the foregoing paragraph, and declaring the
demand admissible on this ground. The "Compromis" fixes the
period within which the demand for revision must be made.
ARTICLE LVI.
The award is only binding on the parties who concluded the
"Compromis." When there is a question of interpreting a
Convention to which Powers other than those concerned in
the dispute are parties, the latter notify to the former
the "Compromis" they have concluded. Each of these Powers
has the right to intervene in the case. If one or more of
them avail themselves of this right, the interpretation
contained in the award is equally binding on them.
ARTICLE LVII.
Each party pays its own expenses and an equal share of
those of the Tribunal.
General Provisions.
ARTICLE LVIII.
The present Convention shall be ratified as speedily as
possible. The ratification shall be deposited at The Hague.
A "procès-verbal" shall be drawn up recording the receipt
of each ratification, and a copy duly certified shall be
sent, through the diplomatic channel, to all the Powers who
were represented at the International Peace Conference at
The Hague.
ARTICLE LIX.
The non-Signatory Powers who were represented at the
International Peace Conference can adhere to the present
Convention. For this purpose they must make known their
adhesion to the Contracting Powers by a written
notification addressed to the Netherland Government, and
communicated by it to all the other Contracting Powers.
ARTICLE LX.
The conditions on which the Powers who were not represented
at the International Peace Conference can adhere to the
present Convention shall form the subject of a subsequent
Agreement among the Contracting Powers.
ARTICLE LXI.
In the event of one of the High Contracting Parties
denouncing the present Convention, this denunciation would
not take effect until a year after its notification made in
writing to the Netherland Government, and by it
communicated at once to all the other Contracting Powers.
This denunciation shall on]y affect the notifying Power. In
faith of which the Plenipotentiaries have signed the
present Convention and affixed their seals to it. Done at
The Hague, the 29th July, 1899, in a single copy, which
shall remain in the archives of the Netherland Government,
and copies of it, duly certified, be sent through the
diplomatic channel to the Contracting Powers.
United States, 56th Congress,
1st Session., Senate Document 159.
PEACE CONFERENCE:
The Permanent Court of Arbitration.
Austria-Hungary.
Belgium.
Denmark.
France.
M. de Laboulaye, ex-Ambassador.
Germany.
Great Britain.
Italy.
{360}
Japan.
Mr. Motono, Envoy Extraordinary and Minister
Plenipotentiary at Brussels.
Netherlands.
Mr. T. M. C. Asser, LL. D., member of the Council of
State, ex-Professor of the University of Amsterdam.
Portugal.
Count de Macedo, Peer of the Realm,
ex-Minister of Marine and Colonies, Envoy Extraordinary and
Minister Plenipotentiary at Madrid.
Rumania.
Mr. Theodore Rosetti, Senator,
ex-President of the High Court of Cassation and Justice.
Russia.
Mr. N. V. Mouravieff, Minister of Justice, Active Privy
Councillor, Secretary of State of His Majesty the Emperor.
Mr. E. V. Frisch,
President of the Department of Legislation of the Imperial
Council, Active Privy Councillor, Secretary of State of His
Majesty the Emperor.
Spain.
His Excellency the Duke of Tetuan,
ex-Minister of Foreign Affairs, Senator of the Kingdom,
Grandee of Spain.
Mr. G. Gram,
ex-Minister of State of Norway, Governor of the Province of
Hamar, Norway.
United States.
Mr. Benjamin Harrison,
ex-President of the United States.
J. J. Rochussen.
Second Secretary of the Court
Jonkheer W. Roell.
Secretary-General
Mr. R Melvil, Baron Van Leyden,
Judge of the District Court of Utrecht and a member of the
First Chamber of the States-General.
PEACE CONFERENCE:
Convention with respect to the Laws and Customs of
War on Land.
ARTICLE I.
The High Contracting Parties shall issue instructions to their
armed land forces, which shall be in conformity with the
"Regulations respecting the Laws and Customs of War on Land"
annexed to the present Convention.
ARTICLE II.
The provisions contained in the Regulations mentioned in
Article I. are only binding on the Contracting Powers, in case
of war between two or more of them. These provisions shall
cease to be binding from the time when, in a war between
Contracting Powers, a non-Contracting Power joins one of the
belligerents.
ARTICLE III.
The present Convention shall be ratified as speedily as
possible. The ratifications shall be deposited at The Hague. A
"procès-verbal" shall be drawn up recording the receipt of
each ratification, and a copy, duly certified, shall be sent
through the diplomatic channel, to all the Contracting Powers.
ARTICLE IV.
Non-Signatory Powers are allowed to adhere to the present
Convention. For this purpose they must make their adhesion
known to the Contracting Powers by means of a written
notification addressed to the Netherland Government, and by it
communicated to all the other Contracting Powers.
ARTICLE V.
In the event of one of the High Contracting Parties denouncing
the present Convention, such denunciation would not take
effect until a year after the written notification made to the
Nethterland Government, and by it at once communicated to all
the other Contracting Powers. This denunciation shall affect
only the notifying Power.
REGULATIONS.
SECTION I.
On Belligerents.
CHAPTER I.
On the qualifications of Belligerents.
ARTICLE I.
The laws, rights, and duties of war apply not only to armies,
but also to militia and volunteer corps, fulfilling the
following conditions:
ARTICLE II.
The population of a territory which has not been occupied who,
on the enemy's approach, spontaneously take up arms to resist
the invading troops without having time to organize themselves
in accordance with Article I, shall be regarded a belligerent,
if they respect the laws and customs of war.
ARTICLE III.
The armed forces of the belligerent parties may consist of
combatants and non-combatants. In case of capture by the enemy
both have a right to be treated as prisoners of war.
{361}
CHAPTER II.
On Prisoners of War.
ARTICLE IV.
Prisoners of war are in the power of the hostile Government,
but not in that of the individuals or corps who captured them.
They must be humanely treated. All their personal belongings,
except arms, horses, and military papers remain their
property.
ARTICLE V.
Prisoners of war may be interned in a town, fortress, camp, or
any other locality, and bound not to go beyond certain fixed
limits; but they can only be confined as an indispensable
measure of safety.
ARTICLE VI.
The State may utilize the labour of prisoners of war according
to their rank and aptitude. Their tasks shall not be
excessive, and shall have nothing to do with the military
operations. Prisoners may be authorized to work for the Public
Service, for private persons, or on their own account. Work
done for the State shall be paid for according to the tariffs
in force for soldiers of the national army employed on similar
tasks. When the work is for other branches of the Public
Service or for private persons, the conditions shall be
settled in agreement with the military authorities. The wages
of the prisoners shall go towards improving their position,
and the balance shall be paid them at the time of their
release, after deducting the cost of their maintenance.
ARTICLE VII.
The Government into whose hands prisoners of war have fallen
is bound to maintain them. Failing a special agreement between
the belligerents, prisoners of war shall be treated as regards
food, quarters, and clothing, on the same footing as the
troops of the Government which has captured them.
ARTICLE VIII.
Prisoners of war shall be subject to the laws, regulations,
and orders in force in the army of the State into whose hands
they have fallen. Any act of insubordination warrants the
adoption, as regards them, of such measures of severity as may
be necessary. Escaped prisoners, recaptured before they have
succeeded in rejoining their army, or before quitting the
territory occupied by the army that captured them, are liable
to disciplinary punishment. Prisoners who, after succeeding in
escaping, are again taken prisoners, are not liable to any
punishment for the previous flight.
ARTICLE IX.
Every prisoner of war, if questioned, is bound to declare his
true name and rank, and if he disregards this rule, he is
liable to a curtailment of the advantages accorded to the
prisoners of war of his class.
ARTICLE X.
Prisoners of war may be set at liberty on parole if the laws
of their country authorize it, and, in such a case, they are
bound, on their personal honour, scrupulously to fulfil, both
as regards their own Government and the Government by whom
they were made prisoners, the engagements they have
contracted. In such cases, their own Government shall not
require of nor accept from them any service incompatible with
the parole given.
ARTICLE XI.
A prisoner of war cannot be forced to accept his liberty on
parole; similarly the hostile Government is not obliged to
assent to the prisoner's request to be set at liberty on
parole.
ARTICLE XII.
Any prisoner of war, who is liberated on parole and
recaptured, bearing arms against the Government to whom he had
pledged his honour, or against the allies of that Government,
forfeits his right to be treated as a prisoner of war, and can
be brought before the Courts.
ARTICLE XIII.
Individuals who follow an army without directly belonging to
it, such as newspaper correspondents and reporters, sutlers,
contractors, who fall into the enemy's hands, and whom the
latter think fit to detain, have a right to be treated as
prisoners of war, provided they can produce a certificate from
the military authorities of the army they were accompanying.
ARTICLE XIV.
A Bureau for information relative to prisoners of war is
instituted, on the commencement of hostilities, in each of the
belligerent States and, when necessary, in the neutral
countries on whose territory belligerents have been received.
This Bureau is intended to answer all inquiries about
prisoners of war, and is furnished by the various services
concerned with all the necessary information to enable it to
keep an individual return for each prisoner of war. It is kept
informed of internments and changes, as well as of admissions
into hospital and deaths. It is also the duty of the
Information Bureau to receive and collect all objects of
personal use, valuables, letters, &c., found on the
battlefields or left by prisoners who have died in hospital or
ambulance, and to transmit them to those interested.
ARTICLE XV.
Relief Societies for prisoners of war, which are regularly
constituted in accordance with the law of the country with the
object of serving as the intermediary for charity, shall
receive from the belligerents for themselves and their duly
accredited agents every facility, within the bounds of
military requirements and Administrative Regulations, for the
effective accomplishment of their humane task. Delegates of
these Societies may be admitted to the places of internment
for the distribution of relief, as also to the halting places
of repatriated prisoners, if furnished with a personal permit
by the military authorities, and on giving an engagement in
writing to comply with all their Regulations for order and
police.
ARTICLE XVI.
The Information Bureau shall have the privilege of free
postage. Letters, money orders, and valuables, as well as
postal parcels destined for the prisoners of war or despatched
by them, shall be free of all postal duties, both in the
countries of origin and destination, as well as in those they
pass through. Gifts and relief in kind for prisoners of war
shall be admitted free of all duties of entry and others, as
well as of payments for carriage by the Government rail ways.
ARTICLE XVII.
Officers taken prisoners may receive, if necessary, the full
pay allowed them in this position by their country's
regulations, the amount to be repaid by their Government.
ARTICLE XVIII.
Prisoners of war shall enjoy every latitude in the exercise of
their religion, including attendance at their own church
services, provided only they comply with the regulations for
order and police issued by the military authorities.
ARTICLE XIX.
The wills of prisoners of war are received or drawn up on the
same conditions as for soldiers of the national army. The same
rules shall be observed regarding death certificates, as well as
for the burial of prisoners of war, due regard being paid to
their grade and rank.
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ARTICLE XX.
After the conclusion of peace, the repatriation of prisoners
of war shall take place as speedily as possible.
CHAPTER III.
On the Sick and Wounded.
ARTICLE XXI.
The obligations of belligerents with regard to the sick and
wounded are governed by the Geneva Convention of the 22d
August, 1864, subject to any modifications which may be
introduced into it.
SECTION II.
On Hostilities.
CHAPTER I.
On means of injuring the Enemy, Sieges: and Bombardments.
ARTICLE XXII.
The right of belligerents to adopt means of injuring the enemy
is not unlimited.
ARTICLE XXIII.
Besides the prohibitions provided
by special Conventions, it is especially prohibited:
ARTICLE XXIV.
Ruses of war and the employment of methods necessary to obtain
information about the enemy and the country, are considered
allowable.
ARTICLE XXV.
The attack or bombardment of towns, villages, habitations or
buildings which are not defended, is prohibited.
ARTICLE XXVI.
The Commander of an attacking force, before commencing a
bombardment, except in the case of an assault, should do all
he can to warn the authorities.
ARTICLE XXVII.
In sieges and bombardments all necessary steps should be taken
to spare as far as possible edifices devoted to religion, art,
science, and charity, hospitals, and places where the sick and
wounded are collected, provided they are not used at the same
time for military purposes. The besieged should indicate these
buildings or places by some particular and visible signs,
which should previously be notified to the assailants.
ARTICLE XXVIII.
The pillage of a town or place, even when taken by assault, is
prohibited.
CHAPTER II.
On Spies.
ARTICLE XXIX.
An individual can only be considered a spy if, acting
clandestinely, or on false pretences, he obtains, or seeks to
obtain information in the zone of operations of a belligerent,
with the intention of communicating it to the hostile party.
Thus, soldiers not in disguise who have penetrated into the
zone of operations of a hostile army to obtain information are
not considered spies. Similarly, the following are not
considered spies: soldiers or civilians, carrying out their
mission openly, charged with the delivery of despatches
destined either for their own army or for that of the enemy.
To this class belong likewise individuals sent in balloons to
deliver despatches, and generally to maintain communication
between the various parts of an army or a territory.
ARTICLE XXX.
A spy taken in the act cannot be punished without previous
trial.
ARTICLE XXXI.
A spy who, after rejoining the army to which he belongs, is
subsequently captured by the enemy, is treated as a prisoner
of war, and incurs no responsibility for his previous acts of
espionage.
CHAPTER III.
On Flags of Truce.
ARTICLE XXXII.
An individual is considered as bearing a flag of truce who is
authorized by one of the belligerents to enter into
communication with the other, and who carries a white flag. He
has a right to inviolability, as well as the trumpeter,
bugler, or drummer, the flag-bearer, and the interpreter who
may accompany him.
ARTICLE XXXIII.
The Chief to whom a flag of truce is sent is not obliged to
receive it in all circumstances. He can take all steps
necessary to prevent the envoy taking advantage of his mission
to obtain information. In case of abuse, he has the right to
detain the envoy temporarily.
ARTICLE XXXIV.
The envoy loses his rights of inviolability if it is proved
beyond doubt that he has taken advantage of his privileged
position to provoke or commit an act of treachery.
CHAPTER IV.
On Capitulations.
ARTICLE XXXV.
Capitulations agreed on between the Contracting Parties must
be in accordance with the rules of military honour. When once
settled, they must be scrupulously observed by both the
parties.
CHAPTER V.
On Armistices.
ARTICLE XXXVI.
An armistice suspends military operations by mutual agreement
between the belligerent parties. If its duration is not fixed,
the belligerent parties can resume operations at any time,
provided always the enemy is warned within the time agreed
upon, in accordance with the terms of the armistice.
ARTICLE XXXVII.
An armistice may be general or local. The first suspends all
military operations of the belligerent States; the second,
only those between certain fractions of the belligerent armies
and in a fixed radius.
ARTICLE XXXVIII.
An armistice must be notified officially, and in good time, to
the competent authorities and the troops. Hostilities are
suspended immediately lifter the notification, or at a fixed
date.
ARTICLE XXXIX.
It is for the Contracting Parties to settle, in the terms of
the armistice, what communications may be held, on the theatre
of war, with the population and with each other.
ARTICLE XL.
Any serious violation of the armistice by one of the parties
gives the other party the right to denounce it, and even, in
case of urgency, to recommence hostilities at once.
ARTICLE XLI.