Section 2 The Immediate Effects of the Outbreak of War
Enemy Residents
Before any actual hostilities have taken place, each belligerent acquires, ipso facto, certain new rights over persons and property belonging to the other, which happen to be at the time within its power, e.g. the right, much softened in modern practice, and specifically dealt with in The Hague Convention, No. vi. of 1907, of capturing enemy merchant vessels so situated.
The following letter deals with the permissible treatment of enemy persons so situated; and was suggested by a question asked in the House of Commons on February 25, 1909, by Mr. Arnold-Forster: viz. “What would be the status of officers and men of the regular Army of a hostile belligerent Power, found within the limits of the United Kingdom after an act or declaration of war; and would such persons be liable to be treated as prisoners of war, or would they be despatched under the protection of the Government to join the forces of the enemy?” The general effect of the Attorney-General’s reply may be gathered from the quotations from it made in the letter.
The topic was again touched upon on March 3, in a question put by Captain Faber, to which Mr. Haldane replied.