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Quarter

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

A measure of length, equal to four inches. See Measure. In the Law of War. The sparing of the life of a fallen or captured enemy on the battlefield. By the end of the seventeenth century quarter became a recognized usage of war. It is forfeited only under exceptional circumstances.

1.

In case of absolute and overwhelming necessity, as where a small force is incumbered with a large number of prisoners in a savage and hostile country, and may be justified in killing them for their own self-preservation.

2.

Where belligerents violate the laws of war they may be refused quarter.

3.

By way of retaliation against an enemy who has denied quarter without a cause.

Risley, The Law of War; Spaight, War Rights on Land, 88-95.

In former times it was considered justifiable to refuse quarter to the garrison of a fortress carried by assault, especially when a w r eak garrison held out against greatly superior numbers, the justification being that the attempted defense of an indefensible place Involved an unnecessary loss of life to the capturing party. But this rule is now obsolete. adopted at The Hague in 1899, provides that' QUARTO DIE POST (Lat. fourth day aftbelligerents are forbidden to declare that no er). Appearance-day, which is the foyrth quarter shall be given.: day inclusive from the return of the writ;