punished. A spy cannot legally excuse himself by pleading that he only executed the orders of his Government, and the latter will never interfere, since it cannot officially confess to having commissioned a spy. missaries. § 456. Commissaries and members of commissions Comare agents sent with a letter of recommendation or commission by one State to another for negotiations, not political, but of a technical or administrative character only; for instance, to make arrangements between the two States as regards railways, post, telegraphs, navigation, delineation of boundary lines, and so on. A distinct practice of guaranteeing certain privileges to commissaries has not grown up, but inviolability of their persons and official papers ought to be granted to them, as they are officially sent and received for official purposes. Thus Germany, in 1887, in the case of the French officer of police, Schnaebélé, who was invited by local German functionaries to cross the German frontier for official purposes, and then arrested, recognised the rule that a safe-conduct is tacitly granted to foreign officials when they enter the territory of a State in an official capacity with the consent of the local authorities, although Schnaebélé was not a commissary sent by his Government to the German Government. of Des § 457. Individuals commissioned to carry official Bearers despatches from a State to its head or to diplomatic patches. envoys abroad are agents of that State. Despatchbearers who belong to the retinue of diplomatic envoys as couriers must enjoy, as stated above (§ 405), exemption from civil and criminal jurisdiction, a special protection in the State to which the envoy is accredited, and a right of innocent passage through third States. But bearers of official despatches who are not in the retinue of the diplomatic envoys employing them must nevertheless be granted inviolability for their person and official papers, provided they possess special pass ports stating their official character as despatch-bearers. And the same is valid respecting bearers of despatches between the head of a State who is temporarily abroad and his Government at home. Perma nent in contradistinc tion to Temporary Commissions. IV INTERNATIONAL COMMISSIONS Rivier, i. pp. 564-566-Ullmann, § 68-Gareis, §§ 51-52-Liszt, § 16— § 458. International commissions consist of persons navigation on international rivers and the Suez Canal 1; in the interest of international sanitation; in the interest of the foreign creditors of several States unable to pay the interest on their stocks; concerning bounties on sugar; to advise the Council of the League of Nations; in the interests of labour; and in the interests of air navigation. It is provided by the Covenant of the League of Nations (Article 24) that all commissions for the regulation of matters of international interest which are constituted after January 10, 1920, are to be placed under the direction of the League. As regards the privileges to be granted to the members of either temporary or permanent international commissions, as was stated above, § 456, no distinct practice has grown up. If the treaty by which a commission is constituted does not stipulate anything as regards such privileges, none need be granted, but the persons of the commissioners must be specially protected. However that may be, there is no doubt that they cannot, unless this be specially stipulated, claim the privileges of diplomatic envoys. Thus, when in 1796 Gore and Pinkney,2 the American commissioners in London under Article 7 of the Jay Treaty, claimed these privileges, Great Britain refused to concede them. missions § 459. Several international commissions have been Comagreed upon in the interest of navigation-namely, for in the the rivers Danube, Rhine, Elbe and Oder, and for the Interest Suez Canal. 1. With regard to navigation on the Danube, the Fisheries Commission, instituted according to Article 1 of the Treaty of Washington of April 11, 1908; see Treaty Ser. (1908), No. 17. (2) The American-Canadian International Joint Commission concerning boundary waters, instituted by Articles 7-12 of the Treaty of Washington of January 11, 1909; see Treaty Ser. (1910), No. 23. (3) The Permanent Mixed Fisheries Commission between the United case. 1 The Treaty of Peace with Turkey is to establish an international Commission to control the Bosphorus and the Dardanelles. 2 See Moore, iv. § 623, p. 428. of Navi gation. European Danube Commission was instituted by Article 16 of the Peace Treaty of Paris in 1856. This commission, whose members were appointed by the signatory Powers of the Treaty of Paris, was reconstituted by the Berlin Conference in 1878 and again by the Conference of London in 1883. The commission was to be totally independent of the territorial Governments, its rights were clearly defined, and its members, offices, and archives were to enjoy the privilege of inviolability. The jurisdiction of the European Danube Commission extended from Ibraila downwards to the mouth of the river.1 The Conference of 1883 also sanctioned regulations in regard to the navigation and river-police of the Danube from the Iron Gates down to Ibraila, and, by Article 96 of these regulations, instituted the Mixed Commission of the Danube to enforce the observance of the regulations. The members of this commission were delegates from Austria-Hungary, Bulgaria, Roumania, Serbia, and the European Danube Commission-one member from each.3 But matters have changed since the World War. The Treaties of Peace foreshadow a thorough revision of the existing régime, and in the meantime the temporary arrangements made at the Peace Conference at Paris in 1919 are to be applied. The European Commission, provisionally constituted of representatives of Great Britain, France, Italy, and Roumania only, is to reassume the powers which it possessed before the World War. From Ulm down to Ibraila, where the jurisdiction of the European Commission begins, the Danube system is to be placed under the control of a new international commission. This new commission is to undertake the administration of the river system according to the provisional rules for international rivers laid down 1 Details in Twiss, i. §§ 150-152. p. 394. 3 Details in Twiss, § 152. in the Treaties of Peace1 until the impending revision of existing arrangements, already referred to, is complete.2 2. With regard to the Rhine, navigation was before the World War governed by the Convention of Mannheim of 1868,3 under which a Central Commission had been established. But for the Rhine also the Treaties of Peace foreshadow a revision of the arrangements which existed before the World War, by agreement between the Allied and Associated Powers and Holland, and the task of preparing and submitting the project of revision is entrusted to the Central Commission provided for by the Convention of Mannheim, but now to be constituted in accordance with the Treaty of Peace with Germany. In the meantime the Central Commission is to continue to fulfil the duties assigned to it by the Convention of Mannheim as modified and supplemented by the Treaty of Peace with Germany.4 3. As regards rivers which have for the first time become international as the result of the World War,5 the Elbe and the Oder, and upon the request of any riparian State, the Niemen, are to be placed under the administration of international commissions.6 4. By Article 8 of the Treaty of Constantinople of 1888 in regard to the neutralisation of the Suez Canal, a commission was instituted for the supervision of the execution of that treaty.? § 460. Three international commissions had been established before the World War in the interest of sanitation. For the purpose of supervising the sanitary 1 See above, § 178. 2 See Treaty of Peace with Germany, Articles 346-352. * See above, § 178. See Treaty of Peace with Germany, Articles 354-362. See Treaty of Peace with Germany, Articles 340-345. The Powers represented at the Berlin Congo Conference of 1884 sanctioned certain regulations in regard to navigation on the Congo |