Duhaime's Law Dictionary


War Treason Definition:

Acts committed within the lines of a belligerent as are harmful to him and are intended to favour the enemy.

Related Terms: War, Treason

Oppenheim's 1952 doctrine, International Law, A Treatise defined war treason as follows:

"[S]uch acts ... committed within the lines of a belligerent as are harmful to him and are intended to favour the enemy."

Zengel writes that the judgment of the British-Norway Military Court in Re Nicholaus von Falkenhorst:

"... commando operations behind enemy lines would probably be punishable as war treason if performed by members of a belligerent's armed forces while wearing civilian clothes."

REFERENCES:

  • Oppenheim, L.,  International Law, A Treatise, 7th Ed., Volume 2, §255 (1952)
  • Re Nicholaus von Falkenhorst, Case #61, British Military Court, Brunswick, XI Law Reports of Trials of War Criminals 18; at 27 (1949)
  • Zengel, Patricia, Assassination and the Law of Armed Conflict, 43 Mercer L. Rev. 615 (1991-1992)

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