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RAID
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RAID , in the See also:language of See also:international See also:law, an invasion by armed forces, unauthorized and unrecognized by any See also:state, of the territory of a state which is at See also:peace. Piracy is the attack on the high See also:sea of any See also:vessel by an armed vessel, not authorized or recognized by any state, for the purpose of See also:robbery. A raid for the purpose of carrying off movable See also:property and converting it to the use of the captors would still be distinguishable from piracy, because it was committed on territory subject to an exclusive territorial See also:jurisdiction. Where the attack or invasion by an armed See also:ship not authorized or recognized by any state is not for the purpose of capturing property, it is properly speaking a raid and not piracy. An attack though in See also:time of peace, by armed forces authorized or recognized by a See also:regular See also:government, is not a raid but an See also:act of See also:war, there being a government responsible for the act committed. The fact of any act being authorized, not by the supreme government, but by a chartered See also:company, or by its governing officer, makes no difference in international law, the directorate of a chartered company exercising its See also:powers by delegation of the state under which it holds its See also:charter. The acts of its armed forces cannot in See also:reason be distinguished from the acts of the armed forces of the state government. Thus See also:compensation is just as much due for them as for the deliberate acts of the state itself, and any claim of an injured state can only be preferred against the state to which the company belongs. Invasion by the regular forces of a state, or by the regular forces of its delegated authority, being an act of war, the See also:laws of war apply to it, and, on See also:capture, such forces, or any members or See also:part of such forces, are prisoners of war. On the other See also:hand, the state whose subordinate authorities commit acts of war against a friendly state has the See also:option of following them up as a commencement of hostilities, or of giving satisfactory compensation to the invaded state. Where the invasion is not by forces subject to the orders of a state, the invaded state has the right to apply its own laws for the repression of disturbances in its territory. Thus, in the so-called See also:Jameson Raid, the See also:Transvaal government had no right to treat Dr Jameson, an officer holding his powers under the See also:British government, and his subordinates, as out-laws, and it was probably so advised, and the British government owed proper compensation for an act for the consequences of which, under international law, it was responsible. British domestic law punishes raiding under the See also:Foreign Enlistment Act 187o (33 & 34 Vict. C. 90).l See also:Section 11 of this act provides as follows.—" If any See also:person within the limits of His See also:Majesty's dominions, and without the See also:licence of His Majesty, prepares or fits out any See also:naval or military expedition to proceed against the dominions of any friendly state, the following consequences shall ensue: (1) Every person engaged in such preparation or fitting out, or assisting therein, or employed in any capacity in such expedition, shall be guilty of an offence against this act, and shall be punishable by See also:fine and imprisonment or either of such punishments, at the discretion of the See also:Court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labour. (2) All See also:ships and their equipments, and all arms and munitions of war, used in or forming part of such expedition, shall be forfeited by His Majesty." Section 12 provides for the See also:punishment of accessaries as See also:principal offenders, and section 13 limits the See also:term of imprisonment for any offence under the act to two years. In the Sandoval See also:case (1886),2 in which See also:Colonel Sandoval, who was not a British subject, bought guns and See also:ammunition and shipped them to See also:Antwerp, where they were put on See also:board a vessel; which afterwards made an attack on See also:Venezuela, it was held that the offence of fitting out and preparing an expedition within British territory against a friendly state, under this section, is sufficiently constituted by the See also:purchase of guns and ammunition in the British See also:Empire, and their shipment for the purpose of being put on board a ship in a foreign See also:port, with knowledge of the purchaser and shipper that they are to be used in a hostile demonstration against such state, though the shipper takes no part in any overt act of war, and the ship is not fully equipped for the expedition within any British port. Under the same section, Dr . Jameson, See also:administrator of the British See also:South See also:Africa Company, and his confederates were tried before the Central Criminal Court and sentenced to different terms of imprisonment? The offence committed under a British act is, of course, that of preparing and fitting out an expedition on British territory. Any acts subsequently committed by any British expedition on foreign See also:soil are beyond the operation of domestic legislation, and fall to be dealt with by the domestic legislation of the state within which they occur, or by See also:diplomacy, as the case may be. (T. Additional information and CommentsThere are no comments yet for this article.
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