WAR DEPARTMENT FIELD MANUAL
RULESOF
LANDWARFARE
Cover page
WAR DRIPAXTM~NT,
WABHINQTON,
October 1, 1940. FM 27-10, Rules of Land Warfare, is published for the infor- mation and guidance of all concerned.
[A. G. 062.11 (6-17-40).]
BYORDER OF THE SBCXETSYOF WAR :
6.C. MARSHALL, Ohiep of Btaff.
OFFICIAL:
E.S. ADAMS,
Major General,
The Adjutant General.
II
FOREWORD
Except as hereinafter noted, the official English text or trans- lation of every treaty provision obligatory upon the United States, bearing upon the conduct of the forces in the field, is quoted verbatim in the chapter to which it relates. The only exceptions
are-
1.
The Red Cross conventions of 1864 and 1906, which, although superseded by the Red Cross convention of 1929, chapter 5, as between parties to the latter, continue in force, respectively, as between the United States and such of the other parties to each of the former, as have not ratified or adhered to the latter ;
2.
The Hague Convention of 1899,relating to the laws and customs of war on land (first international peace conference), which, although superseded by Hague Convention No. IV of 1907 (second international peace conference), herein quoted, as between parties to the latter, continues in force as between the United States and such of the other parties to the former as have not yet ratified or adhered to the latter; and
3.
Chapter I1 of the annex to Hague Convention No. IV of October 18, 1907, relating to prisoners of war (excepting arts. 10, 11,and 12 relating to paroles ;pars. 148,154, 156), which, although in effect superseded by the Geneva convention of July 27, 1929, upon the same subject, chapter 4, as between parties to the latter, continues in force as between the United States and such of the other parties to the former as have not
I
ratified or adhered to the latter.
The essential provisions of each of the antecedent conventions mentioned in 1and 2 above, and of chapter I1 of the annex to Hague Convention No. IV (excepting the three articles above mentioned), have been substantially reincorporated within the
more recent and more comprehensive conventions on the same subject, so that observance of the latter practically includes observance of the former. For this reason, and in view of the
FOREWORD
general rule prescribed by paragraph 5, only the most recent convention on each of these subjects is quoted in this publi- cation, saving the three articles on paroles above mentioned.
Under the general rule last above mentioned, pertinent in- formation concerning ratifications, adherences, reservations, and denunciations (withdrawals) will be specially notified by higher authority to the commanders in the field, as occasions arise. thus rendering unnecessary the inclusion of such data in this text, and avoiding the frequent changes that such inclusion would entaiL
TABLE OF CONTENT8
Paragraphs Page
Abbreviations —–. —-VI
CHAPTER 1-7 1
1. Basic rules and principles .-..-…—-….————-
2. Qualilications of armed forces of belligerents —-.—-4
8-13
3. Hostilities:
SECTIONI. Commenccmeut of hostilities .-_-.——–.-.—–
14-21
11. Conduct ofhostilities. -.–.-.–..— – —–.——-22-69
–.———-..——————-
OEAPTER4. Prisoners of WBI—70-172
6. Sick, wounded, and dead .-.-.–.–..–.–.——–173-201
6. Espionage and treason .—..——–———–.—2432-214
7. Intercourse between belligercnts-. .-..—-…..—–
215-234
8. Military passports, safe-conducts, sabguards, and
mtels-.——.–..———-.————-.——–
235-243
9. Capitulationsandmisti~~s~~~~~~~~~~~~~~~~~~~~~~~~~244-270
10. Military occupation and government of enemy terri-
tory.—–..-.-.-.—…——…..-.——–…..
211-344
11. Penalties for violations of the laws of war .–.––._.345-369
12. Neutrality-.-..———..–—.—–.————-360-403
Index—- – -_—–.
ABBREVIATIONS
G.p.W—-Geneva convention of July 27, 1929, relative to the treatment of prisoners of war; Treaty Series No. 846; 47 Strat.* 233; Treaties, etc., between the U. S. , and other Powers, 1923-1937, Vol. BV, 5224. G.W.S—-Geneva (Red Cross) convention of July 27, 1929, for the aanelioration of the condition of the wounded and sick of armies in the field; Treaty Series No. 847; 47 Stat.* 266; Treaties, etc., beOween the U.S. and other Powers, 1923-1937, Vol. IV, 5209.
H.1[II—–Fl[ague Convention No. 111 of October 18, 1907, re-lating to the opening of hostilities; Treaty Series No. 538; 36 Stat.* 2259; Malloy, Treaties, Vol. 11, 2259.
H.IV—–Hague Convention No. IV of October 18, 1907, re-specting the laws and customs of war on Isnd; Treaty Series No. 539; 36 Stat? 2277; MaUoy, Treaties, VoE. If, 2269.
H.8——Hague Convention No. V of October 18, 1907, re-specting the rights and duties of neutral powers and persons in case of war on land; Treaty Series No. 540; 36 Stat.* 2320; Mallog, Treaties, Vol. 11, 2290.
H.VIII—Hague Convention No. VIII of October 18, 1907, relative to the laying of automatic subn~arine contact mines; Treaty Series No. 541; 36 Stat.* 2332; Malloy, Treaties, VoL II, 2304.
H. IX—–Hague Convention No. IX of October 18, 1907, con-cerning bombardment by naval forces in time of war; Treaty Series No. 542; 36 Stat.* 2351; Malloy, Treaties, Vol. If, 2316
H.D.XIV-Hague Declaration No. XW of October 16, 1907, prohibiting the discharge of projectiles and explo- sives from balloons; Treaty Series No. 546; 36 Stat.* 2439; Malloy, Treaties, Vol. 11,2366. H.R——Annex to Hague Convention No. JT of October 18, 1907, embodying the regulations respecting the laws and customs of war on land adopted by that convention; Treatg Series No. 539; 36 Stat* 2295; Malloy, Treaties, Vol. 11,2281.
–
*United States Statutes at Large.
V;i
BASIC FIELD MANUAL
RULES OF LAND WARFARE
(The matter contained herein supersedes BN,Vol. VII, part tw’o, January 2, 1934).
CEAPTER 1
BASIC RULES AND PRINCIPLES
1.
General.-bong civilized nations the conduct of war is regulated by certain well-established rules known as the rules or laws of war. These rules cover and regulate warfare both on land and sea. Those which pertain particularly to war on land are called the rules of land warfare. It is the latter with which this manual is concerned.
2.
Written rules.-Many of the rules of war have been set forth in treaties or conventions to which thc United States and other nations are parties. These are commonly called the written rules or laws of war.
3.
Unwritten rules.-Some of the rules of war have never yet been incorporated in any treaty or convention to which the United States is signatory. These are commonly called the unwritten rules or laws of war, although they are well defined by recognized authorities on international law and well estab- lished by the custom and usage of civilized nations.
4.
Basic principles.-Among the so-called unwritten rules or laws -of war are three interdependent basic principles that underlie all of the other rules or laws of civilized warfare, both written and unwritten, and f~rm the general guide for conduct where no more specific rule applies, to wit :
a, The principle of military necessity, under which, subject to the principles of humanity and chivalry, a belligerent is justified in applying any amount and any kind of force to- compel the complete submission of the enemy. with the lea& possible expenditure of time, life, and money ;
RULES OF LANC WARFARE
ZI. The principle of hurnamitv, prohibiting employment of any such kind or degree of violence as is not actually necessary for the purpose of the war ;and
c. The ,principle 07 chivalrg, which denounces and forbids resort to dishonorable means, expedients, or conduct.
5. Force of rules.-+. The unwritten rules are binding upon all civilized nations. They will be strictly observed by our forces, subject only to such exceptions as shall have been di- rected by competent authority by way of legitimate reprisals for illegal conduct of the enemy. (See par. 358.)
b. Technically each of the written rules is binding only be- tween powers that have ratified or adhered to, and have not thereafter denounced (withdrawn from), the treaty or conven- tion by which the rule is prescribed, and is binding only to the extent permitted by the reservations, if any, tha.t have accom- panied such ratification or adherence on either side. However, the written rules herein quoted in bold-faced type are all pre-scribed by treaties or conventions each of which has been rati- fied without reservation, and not thus far denounced, by the United States and many other nations. They are in large part but formal and specific applications of general principles of the unwritten rules. While solemnly obligatory as between the signatory powers, they may be said also to represent the con- sensus of modern international public opinion as to how bellig- erents and neutrals should conduct themselves in the particulars indicated. As a general rule they will be strictly observed and enforced by United States forces in the field, as far as appli- cable there, without regard to whether they are legally binding upon all of the powers immediately concerned. It is the respon- sibility of higher authority, as occasions arise, to determine and to instruct the commander in the field, which, if any, of the written rules herein quoted are not legally binding as between the United States and each of the other powers immediately concerned, and which, if any, for that reason are not for the time being to be observed or enforced.
6. Military government and martial law distinguished.-Military government is that form of government which is established and maintained by a belligerent by force of arms over occupied territory of the enemy and over the inhabitants thereof. In this definition the term “territory of the enemy”
RULES OF LAND WBRFAR.E
6-7
includes not only the territory of an enemy nation, but also domestic territory recovered by military occupation from rebels treated as belligerents.
Martial law is the temporary government of the civil popula- tion through the military forces as necessity may require in domestic territory as distinguished from occupied territory of an enemy recognized as a belligerent.
So far as the United States forces are concerned, military government and martial law are exercised by the military com- mander under the direction of the President, as Commander in Chief of the Army aid Navy.
The most prominent distinction between military government and martial law is, that the former is exercised only in the ter- ritory of a hostile belligerent and is within the realm of interna- tional law, while the latter is invoked only in domestic territory whose local government and inhabitants are not treated or recognized as belligerents.
7. Military jurisdiction.-Military jurisdiction is of two kinds: First, that which is conferred and defined by statute; second, that which is derived from the common law of war. The character of the courts which have jurisdiction over mili- tary offenses depends upon the local laws of each particular country.
In the armies of the United States, military jurisdiction is exercised through the following military tribunals :
a.
Courts martial.
b.
Military commissions.
c.
Provost courts.
While general courts martial have concurrent jurisdiction with military commissions and provost courts to try any offender who by the law of war is subject to trial by military tribunals, it has generally been held that military commissions have no jurisdiction of such purely military offenses specified’ in the Articles of War as those articles expressly make punishable by sentence of court martial (except where the military commis- sion is also given express statutory jurisdiction over the offense
(A W. 80, 81,82)). In practice, offenders who are not subject to the Articles of War, but who by the law of war are subject to trial by military tribunals, are tried by military commissions or provost courts.
IPULES OF LAND WBRFARF:
CHAPTER 2
QUALIFICATIONS OF ARMED FORCES OF
BELLIGERENTS
8. Genera1 division of enemy population.-The enemy popu- lation is divided in war into two general classes, known as the armed forces and the peaceful population. Both classes have distinct rights, duties, and disabilities, and no person can belong to both classes at one and the same time.
% Lawful belligerents.-+. Armies, militia, and aoZunteer corps.-The laws, rights, and duties of war apply not only to armies, but also to militia and volunteer corps fulfilling the following conditions :
1.
To be commanded by a person responsible for his subor- dinates;
2.
To have a fixed distinctive emblem recognizable at a dis-t ance ;
3.
To carry arms openly; and
4.
To conduct their operations in accordance with the laws and usages of war. In countries where militia or volunteer corps constitute the army, or form part of it, they are included under the denomination ‘hrmy” (H.R., art. I).
6. Lede en masse.-The inhabitants of a territory which has not been occupied, who, on the approech of the enemy, spon- taneously take up arms to resist the invading troops without having had time to organize themselves in accordance with article 1, shall be regarded as belligerents if they carry arms openly and if they respect the laws and customs of war (H. R., art. 2).
c. Combatants and noncombatants.-The armed forces of the belligerent parties may consist of combatants and noncombat-ants. In the case of capture by the enemy, both haves right to be treated as prisoners of war (H.R, art. 3).
10.
Treatment as brigands, etc., forbidden.-No belligerent has the right to declare that he will treat every captured man in arms of a Zevde enmasse as a brigand or bandit.
11.
Deserters, etc., not to enjoy immunity.-Certain classes of those forming part of a levee en, mmse cannot claim the priv- ileges accorded in paragraph 9b, hng these are deserters
RULES OF LAND WARFARE
11-16
from, or subjects of, the invading belligerent, and persons who are known to have violated the laws and customs of war.
32. Uprisings in occupied territory.-If the people of a coun- try, or any portion thereof, already occupied by an army, rise against it, they are violators of the laws of war, and are not entitled to their protection.
13. Determination of status of captured troops.-The deter-mination of the status of captured troops is to be left to higher military authority or to military tribunals. Summary execu- tions are no longer contemplated under the laws of mar. The officer’s duty is to hold the persons of those captured and leave the question of their being regulars, irregulars, deserters, etc., to the determination of competent authority.
CHAPTER 3
HOSTILITIES Paragrapha S~CTION 14–21
I. Commencement of hostilities ———————-
11. Conduct of hostilities ………………………. 22-69
COMMENCEMENT OF HOSTILITIES
14.
Declaration of war required.-The contracting powers recognize that hostilities between themselves must not corn-, mence without presious and explicit warning, in the form either of a reasoned declaration of war or of an ultimatum with conditional declaration of war (H. III,art. I).
15.
Surprise still possible.-Nothing in the foregoing rule requires that any particular length of time shall elapse between declaration of war and the commencement of hostilities. It is still possible, therefore, to make a sudden and unexpected declaration of war and thus surprise an unprepared enemy.
16.
Notification to neutrals.-The existence of a state of war must be notified to the neutral powers without delay, and shall not take effect in regard to them until after the receipt of . a notification, which may, however, be given by telegraph Neutral powers, nevertheless, cannot rely on the absence of notification if it is clearly established that they were in fact aware of the existence of a state of war (H. IZi, art. 2).
17-21 RULES OF LAND WARFARE
17.
When articles effective between parties.-Article 1 (see par. 14) of the present convention shall take effect in case of war between two or more of the contracting powers. Article 2 (see par. 16) is binding as between a belligerent power which is a party to the convention and neutral powers which are also parties to the convention (H. ZII,art. 3).
18.
Legal and commercial importance of above articles.- This convention (H. 111) is important from both the legal and commercial points of view since it requires belligerents themselves publicly to announce a definite date for the com- mencement of hostilities, from which date they become entitled to exercise the rights of belligerency, are themselves required to respect the rights of neutrals, and may exact from neutrals compliance with the obligations of neutrality.
19.
Status of civilian population.-It is now universally recognized that hostilities are restricted to the armed forces of belligerents. Inhabitants who refrain from acts of hostility and pursue their ordinary vocations must be distinguished from the armed forces of the belligerent; must be treated leniently; must not be injured in their lives or liberty, except for cause and after due trial; and must not, as a rule, be deprived of their private property.
20.
Detention and internment.-Enemy subjects located or resident in our territory are not made prisoners en rnasse on the breaking out of hostilities. Persons known to be active or reserve officers, or reservists, of the hostile army, as well as per- sons suspected of communicating with the enemy, will be detained and, if deemed advisable, interned on the ground of self-preservation in the exercise of the right of control.
21.
Expulsion.-In modern practice the expulsion of the citizens or subjects of the enemy is generally decreed from sea- ports, fortresses, defended areas, and the actual or contemplated theaters of operation. The practice as to expulsion from other territory is not uniform, expulsion being resorted to usually for grave reasons of state only. When decreed, the persons expelled should be given such reasonable notice, consistent with public safety, as will enable them to arrange for the collection, dis-posal, and removal of their goods and property.
RULES OF LAND WARFARE
CONDUCT OF HOSTILITIES
MILITARY NECESSITY
22.
Object of war.-The object of war is to bring about the complete submission of the enemy as soon as possible by means of regulated violence.
23.
Military necessity.-Military necessity justifies a resort to all the measures which are indispensable for securing this object and which are not forbidden by the modern laws and customs of war.
24.
Measures justified by military necessity.-Military neces-sity admits of-
a.
All direct destruction of life or limb of armed enemies, and of other persons whose destruction is incidentally unavoidable in the Brmed contests of war.
b.
The capturing of every armed enemy, and of every enemy of importance to the hostile government, or of peculiar danger to the captor.
c.
The destruction of property, if demanded by the necessities of war ;the obstruction of ways and channels of traffic, travel, or communication ; and the withholding of sustenance or means of
&/Life from the enemy.
d.
The appropriation of whatever the enemy’s country affords that is necessary for the subsistence and safety of the army.
e.
Such deception as does not involve the breaking of g 6
od faith, either positively pledged, regarding agreements entered into during the war, or supposed by the modern law of war to exist.
25. Measures not justified by military necessity.-Military necessity does not admit of cruelty-that is, the infliction of suffering merely for spite or revenge ;nor of maiming or wound- ing except in combat; nor of torture to extort confessions. It does not admit of the use of poison in any way, nor of the wanton devastation of a district. It admits of deception, but disclaims acts of perfidy. The practice of recent years has been to regard the prohibition against the use of poison as not appli- cable to the use of toxic gases. (See par. 29.)
26-29 RULES OF LAND WARFARE
PROHIBITIONS AND LIMITATIONB
26. Means of injuring the -enemy limited.-The right of belligerents to adopt means of injuring the enemy is not unlim-ited (H.P.R.? art. 22).
The means employed are definitely restricted by international declarations and conventions and by the laws and usages of war.
27. Discharging explosives from balloons.-The contracting powers agree to prohibit, for a period extending to the close of .the third peace conference, the discharge of projectiles and explosives from balloons or by other new methods of a similar nature (11. 63. XZV, Z907).
This rule may be said to be of comparatively slight value because it has been ratified by only two of the great powers, namely, the United States and Great Britain, and because its principal object is substantially accomplisl~ed by I1.R. article 25 (see par. 45),prohibiting bombardment of undefended places. It is not regarded as imposing any restriction upon the use of modern military aircraft against armed forces or defended places.
28. Poison.-In additioal, to the prohibitions provided by special conventions, it is especially’forbidden * * * to em-ploy poison or poisoned weapons (H.R., art. 23, par. (a)).
Application of rule.-This prohibition extends tb the use of means calculated to spread contagious diseases ;but does not pro- hibit measures being taken to dry up springs, to divert rivers and aqueducts from their courses, or to contaminate sources of water by placing dead animals therein or otherwise, provided such contamination is evident or the enemy is informed thereof. Con-cerning trezty provisions in regard to the use of toxic chemicals see paragraph 29.
29. Gases and chemicals.–The United States is not a party to any treaty, now in force, that prohibits or restricts the use in warfare of toxi’c or nontoxic gases, or of smoke or incendiary materials, etc. A treaty signed at Washington, February 6, 1922, on behalf of the United States, the British Empire, France, Italy, and Japan (Malloy, Treaties, POI. 111,p. 3116),contains a provision (art. V) prohibiting “The use in war of asphyxiating, poisonous or other gases, and all analogous liquias, niaterials. or devices,” bnt that treaty was expressly conditioned to become
RULES OF LAND WARFARF,
29-34
effective only upon ratification by all of the signatory powers, and, although heretofore ratxed by all of the signatories except Prance, having never been ratified by the latter, has never become effective. The protocol “for the prohibition of the use in war of asphyxiating, poisonous, or other gases, and of bac- teriological methods of warfare,” signed at Geneva June 17, 1925, on behalf of the United States and many other powers
(League of Nations Official Journal, Bug. 1925, p. 1159), al- though ratified or adhered to by, and now effective as between, a considerable number of the signatories, has never thus far been ratilied by, and is not in force as to, the United States, Japan, and some other powers.
30.
TreachesysIt is especially forbidden * * * to kill or wound treacherously individuals belonging to the hostile nation or army (HA.,art. 23, par. (b)).
31.
Assassination and outlawry.-!Ehe above article is con- strued as prohibiting assassination, proscription, or outlawry of an enemy, or putting a price upon an enemy’s head, as well as offering a reward for an enemy “dead or alive.” Offenders have no claim to be treated as combatants, but should be tried as criminals.
32.
Injury forbidden after surrender.-It is especially for- bidden * * * to kill or wound an enemy who, having laid down his arms, or having no longer means of defense, has sur- rendered at discretion (H. R., art. 23, pcrr. (c)).
33.
Refusal of quarter.-It is especially forbidden * * * to declare that no quarter will be given (If.R, art.23, par. (ti)).
34.
Employment of arms, etc., causing unnecessary injury.- It is especially forbidden * * * to employ arms, projec- tiles, or material calculated to cause unnecessary injury (H. R., art. 23, par. (e)).
The foregoing prohibition is not intended to apply to tho use of explosives contained in artillery projectiles, mines, aerial tor- pedoes, or hand grenades, but it does apply to the use of lances with barbed heads, irregular-shaped bullets, and projectiles filled with glass, to the use of any substance on bullets that would tend unnecessarily to inflame a wound inflicted by them, and to the scoring of the surface or filing off the ends of the hard cases of bullets.
35-30
RULES OF LAND WARFARE
35.
Train wrecking, etc.-Train wrecking and burning of camps or military depots are legitimate means of injuring the enemy when carried out by the members of the armed forces. Wrecking of trains should be limited strictly to cases which tend directly to weaken the enemy’s military forces.
36.
Subjects not to be compelled to take part in operations against their own country.-A belligerent is likewise forbidden to compel the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent’s service before the commencement of the war (H. R., art. 23, last par.).
With respect to the impressment of guides see paragraph 308.
37.
Stratagems permissible.-Ruses of war and the employ- ment of measures necessary for obtaining information about the enemy and the country are considered permissible (8.R.,
art. 24).
38.
Good faith.-Absolute good faith with the enemy must be observed as a rule of conduct; but this does not prevent measures such as using spies, or inducing the enemy’s soldiers to desert, surrender, or rebel. In general, a belligerent may resort to those measures for mystifying or misleading the enemy against which the enemy ought to take measures to protect himself. (Seepars. 39, 40, 41.)
39.
Treachery or perfidy.-The ruses of war are legitimate so long as they do not involve treachery or perfidy on the part of the belligerent resorting to them. They are, however, for- bidden if they contravene any generally accepted rule.
The line of demarcation between legitimate ruses and forbid- den acts of treachery and perfidy is sometimes rather indistinct, but the following examples will indicate the correct principles. It would be an improper practice to secure an advantage of the enemy by deliberate lying which involves a breach of faith, or when there is a moral obligation to speak the truth, such as declaring that an armistice had been agreed upon when such is not the case. On the other hand, it is a perfectly proper ruse to summon a force to surrender on the ground that it is surrounded and thereby induce such surrender with a small force.
RULES OF LAND WARFARE &&44
40.
Legitimate ruses.-among legitimate ruses may be counted surprises, ambushes, feigning attacks, retreats, or flights, simulating quiet and. inactivity, giving large outposts or a strong advance guard to a small force, constructing works, bridges, etc., which it is not intended to use, transmitting false OP misleading signals and telegraph messages, and sending false dispatches and newspapers, with a view to their being inter- cepted by the enemy, lighting campfies where there are no troops, making use of the enemy’s signals, bugle and trumpet calls, watch words, and words of command, pretending to com- municate with troops or reinforcements which have no exist- ence, moving landmarks, putting up dummy guns or laying dummy mines, removing badges from uniforms, clothing the men of a single unit in the uniform of several different units so that prisoners and dead may give the idea of a large force.
41.
Misuse of flags, insignia, military uniforms of enemy.- It is especially forbidden * * * to make improper use of a flag of truce, of the national flag, or of the military insignia and uniform of the enemy, as well as of the distinctive badges of the Geneva convention (H. R., art. 43, par. (f)).
42.
Flags of truce.-Flags of truce must not be used surrep- titiously to obtain military information or merely to obtain time to effect a retreat or secure reinforcements or to feign a sur-render in order to surprise an enemy. An officer receiving them is not on this account absolved from the duty of exercising proper precautions with regard to them.
43.
National flags, insignia, and uniforms as a ruse.-In practice it has been authorized to make use of these as a ruse. The foregoing rule (par. 41) does not prohibit such use, but does prohibit their improper use. It is certainly forbidden to make use of them during a combat. Before opening fire upon the enemy they must be discarded.
44.
Improper use of distinctive emblem of Geneva conven- tion.-The use of the emblem of the Red Cross must be limited to the protection and designation of sanitary formations and establishments and the personnel and rnatSrieZ which the Geneva convention provides shall be respected. As examples of the improper use of the emblem may be cited the following: Using a hospital or other building accorded such protection as an observatory or military office or store ;firing from a build-
44-50
RULES OF LAND WARFARE
ing or tent displaying the emblem of the Red Cross; using a hospital train to facilitate the escape of combatants; displaying the emblem on wagons containing ammunition or nonmedical
–
stores; and in general, using it for cloalcing acts of hostility. (See pars. 196, 198.).
BOXBARDMENTR, ASSAULTS, AND BIEGEB
45. Bombardment of undefended places forbidden.-The attack or bombardment, by whatever means, of towns, villages. dwellings, or buildings which are undefended is prohibited
(H. R., art. 25).
46.
Use of ba1loons.-The addition of the words “by what-ever means” was for the purpose of making it clear that the bombarament of these undefended localities from balloons or nirplnnes is prohibitecl.
47.
Defended place defined.-Investment, bombardment, assault, and siege have always been recognized as legitimate means of warfare, but under the foregoing rule (par. 45) their use is limited to defended places which certainly will include the following :
a.
A fort or fortified place.
b.
A town surrouncled by detached forts, which is considered jointly with such forts as an indi~~isible
whole.
G. A place that is occupied by a combatant military force or through which such a force is passing The occupation of such a place by sanitary trcops alone is not suacient to make it a defended place.
48.
Throwing projectiles from aircraft on combatants and defended places.-There is no prohibition of general applica- tion among the great powers against the discharge of author- ized projectiles from aircraft against combatant troops or defended places. (See H. D. XIV (par. 27).)
49.
Notice of bombardment.-The officer in command of an attacking force must, before commencing a bombardment, except in cases of assault, do all in his glower to warn the authorities (H. Be., art 26).
This rule is understood to refer only to bombardments of places where parts of the civil population remain.
50. American rule.-It is no infraction of the unwritten law of war to omit thus to inform the enemy. Nevertheless, even
when belligerents are not subject to the above treaty, the comL manders of American forces, when admissible, will inform the enemy of their intention to bombard a place, so that the noncombatants, especially the women and children, may be removed before the bombardment commences.
I
51. Permitting population to leave besieged plac&-mere is no rule of law which compels the commander of an investing force to permit the population, including women, children, aged, sick, wounded, subjects of neutral powers, or temporary resi-
dents, to leave the besieged locality, even when a bombardment is about to commence. It is entirely within the discretion of the besieging commander whether he will permit them to leave and under what conditions.
52.
Diplomatic agents of neutrals.-Diplomatic agents of a neutral power should not be prevented from leaving a besieged place before hostilities commence. This privilege cannot be claimed while hostilities are in progress. The same privileges should properly be accorded to a consular officer of a neutral power. Should they voluntarily decide to rem8ain, they must undergo the same treatment as other inhabitants.
53.
Persons in zone between troops.-Persons dwelling in the zone between the opposing forces in the first stages of siege are treated as inhabitants of the invaded locality.
54.
Individuals leaving without permission.-Individuals who attempt to leave or enter a besieged place without obtaining the necessary permission are liable to be fired on and may be seat back into the besieged place or detained and put on trial.
55.
Expelled persons forced to return.-When a commander of a besieged place expels the noncombatants, in order to lessen the number of those who consume his stock of provisions, it is lawful, though an extreme measure, to drive them back, so as to hasten the surrender.
56.
Population expelled under fire.-It is not necessary to cease or relax fire because the enemy sends women and children Out of his lines in order to get them to a place of safety, but fire must not be intentionally opened in their direction.
57.
Communication wit11 besieged place.-The commander of the investing force has the absolute right to forbid all comL munication between the besieged place and the outside. The application of this rule to diplomatic envoys of neutral powers b unsettled.
13
58-62
RULES OF LAND WARFARE
58.
Buildings dedicated to religious works, etc., to be spared.-In sieges and bombardments all necessary steps must be taken to spare, as far as possible, buildings dedicated to religion, art, science, or charitable purposes, historic monu- ments, hospitals, and places where the sick and wounded are collected, provided that they are not being used at the time for military purposes.
It is the duty of the besieged to indicate the presence of such buildings or places by distinctive and visible signs, which shall be notified to the enemy beforehand (H.R., art. 27).
59.
Above buildings, etc., to display sign specified in naval treaty.-It is the duty of the inhabitants to indicate such mon- uments, edifices, or places by visible signs, which shall consist of large stiff rectangular panels divided diagonally into two colored triangular portions, the upper portion black, the lower portion white (H. IX, art. 5, par. 2,1907).
The foregoing rule adopted in this convention for naval war- fare should be adopted for protecting buildings under bombard- ment in land warfare.
60.
Forfeiture of inviolability.-The besieging forces are not required to observe the signs indicating inviolability of build- ings that are known to be used for military purposes, such as quarters for officers and men, observatories, or signaling stations.
61.
Pillage forbidden.-The pillage of a town or place, even when taken by assault, is prohibited (H. R., art. 28).
AUTOMATIC SUBMARINE CONTACT MINES
62. Kinds of mines.-There are three general cIasses of mines :
a.
Observation mines which are anchored along the coast and connected therewith by wires by which they can be exploded electrically.
b.
Unanchored automatic contact mines which explode by contact.
c.
Allchored automatic contact mines which are attached to heavy weights, and which can be placed at any required depth below the surface ; these mines are exploded automatically by contact with heavy bodies such as ships.
RULES OF LAND WARFARE
62-68
These rules do not deal with the first class of mines, since they are innocuous to peaceful shipping.
63.
Unanchored automatic contact mines.-It is forbidden to lay unanchored automatic contact mines, except where they are so constructed as to become harmless one hour at most after the person who laid them ceases to control them (H. VIII, art. I, par. I).
64.
Commercidl navigation-It is forbidden to lay automatic contact mines off the coast and ports of the enemy, with the sole object of intercepting commercial shipping (H. VIII, art. 2).
It is not probable that a belligerent .resorting to the use of these contact mines off the coast and ports of his enemy will hesitate to disavow the intention of intercepting commercial navigation. In its present form this rule permits the use of such mines so as to cause great risks to neutral navigation.
65.
Anchored automatic contact mines.-It is forbidden to lay anchored automatic contact mines which do not become harmless as soon as they have broken loose from their moor- ings (H. VIII, art. I, par. 2).
66.
Precautions to be taken.-When anchored automatic contact mines are employed, every possible precaution must be taken for the security of peaceful shipping.
The belligerents undertake to do their utmost to render these mines harmless within a limited time and, should they cease to be under surveillance, to notify the danger zones as soon as military exigencies permit, by a notice addressed to shipowners which must also be communicated to the governments through the diplomatic channel (H. VIII, art. 3).
67.
Mines of neutral powers.-Neutral powers which lay automatic contact mines off their coasts must observe the same rules and take the same precautions as are imposed on bellig- erents.
The neutral powers must inform shipowners, by a notice issued in advance, where automatic contact mines have been laid. This notice must be communicated at once to the gov- ernments through the diplomatic channel (A?. VIII, art. 4).
68.
Mines to be removed at close of war.-At the close of the war the contracting powers undertake to do their utmost to remove the mines which they had laid, each power removing its own mines.
15
68-72
RULES OF LAND WARFARE
As regards anchored automatic contact mines laid by one of the belligerents oE the coast of the other, their position must be notified to the other party by the powers which laid them, and each power must proceed with the least possible delay to remove the mines in its own waters (H. VVPII, art. 5).
69. Torpedoes.-It is forbidden to use torpedoes which do not become harmless when they have missed their mark (H. VIII, art. 1, par. 3).
CHAPTER 4
PRISONERS (3FWAR
70.
Definition.-Except as otherwise hereinafter indicated, every person captured or interned by a belIigerent power be- cause of the war is, duri~g the period of such captivity or internment, a prisoner of war, and is entitled to 52 i’eeogilized and treated as such under the laws of mar.
71.
Geneva convention of 1929-relation to Hague Regula- tions.-In the relations between powers bound by the Hague conventions respecting the 1an.s and customs of war on land, whether it is a qaestion of that of July 29, 1899, or that of October 18,1907, and who participate in the present convention, this latter shall complete chapter I1 (Prisoners of War) of the Regulations anilexed to the said Haye conventiorls (G. P. W., art. 89).
However, as indicated in the foreword, page 111, the only parts of chapter I1 of the Hague Regulations, not in effect superseded by substantial reincorporation in the present Geneva convention, are comprised in I-I. R. 10,11,and 12, dealing with paroles and hereinafter quoted (pars. 148, 154, 155).
72.
Application of the convention.-The present collvention shall apply, without prejudice, to the stipulations of title VII (see par. 76b) :
(1)
To all persons contemplated in articles 1,2, and 3 of the Regulations annexed to the Hague convention of October 18, 1907, respecting the laws and customs of war on Band, and captured by the enemy. (See par. 9a, b, c.)
(2)
To all persons belonging to the armed forces of the bel- ligerent parties, captured by the enemy in the course of military operations at sea or in the air, except for such derogations as
RULES OF LAND WAF33AFtE 72-76 ,
might be rendered inevitable by the conditions of capture. However, such derogations shall not infringe the fundamental principles of the present convention; they shall cease when the persons captured have entered a prisoners of war camp
(G.P. Wo,art. 1).
73. In power of enemy power; treated with- humanity; re-prisals prohibited.-Prisoners of war are in the power of the enemy power, but not of the individuals or bodies of troops who capture them.
They must at a11 times be treated with humanity and pro- tected, particularly against acts of violence, insults, and public curiosity.
Measures of reprisal against them are prohibited (G.P. W., art. 2).
74. Persons and honor to be respected; retain civil status.- Prisoners of war have the right to have their persons and their honor respected. Women shall be treated with all the regard due to their sex. Prisoners retain their full civil status
(G.F. W., art. 3).
75. Maintained by captor; discriminations.-me power de- taining prisoners of war is bound to provide for their main- tenance.
Discriminations in treatment between prisoners are lawful only when they are based on the military rank, state of physical or mental health, professional qualifications, or th.e sex of those who profit by such discriminations (G. P. W., art. 4).
76. Whomay become prisoners of war.-+.. Thearmed forces.-The armed forces of the belligerent parties may consist of combatants and noncombatants. In the case of capture by the enemy, both have a right to be treated as prisoners of war
(H.R., art:%).
b. I~zdividzcalsw7to follow tke Army.-Individuals who follow armed forces without directly belonging thereto, such as corre- spondents, newspaper reporters, sutlers, contractors, who fall into the enemy’s hands and whom the latter thinks expedient to detain, shall be entitled to be treated as prisoners of war, provided they are in possession of a certificate from the military authorities of the armed forces which they were ac-companying (G.P. W., title VII, art. dl).
76-78 RULES OF LAND WARFA-
o.
Wounded cc~dsick.-Subject to the care that must be taken of them under the preceding article (art. 1,G. W.S., par. 175); the wounded and sick of an army who fall into the power of the other belligerent shall be prisoners of war, and the gen- eral rules of international law in respect to prisoners shall be applicable to them (G. W. S., art. 2).
d.
LevSe en masse.-The citizens who rise en masse to defend their territory or district from invasion by the enemy, if cap-tured, are entitled to be treated as prisoners of war.
e.
High civil functionaries.-High civil functionaries such as the sovereign and members of the royal family, the president or head of a republican state, and the ministers who direct the policy of a state are liable to be made prisoners of war whether accompanying an army or not.
f.
CizjiZ officials and diplomatio agents.-Civil officials and diplomatic agents attached to the army may be made prisoners of war.
g.
Inhabitants.-Persons whose services are of particular use to the hostile army or its government, such as the higher civil officials, diplomatic agents, couriers, guides, etc., also all persons who may be harmful to the opposing state while at liberty, such as prominent and influential political leaders, journalists, local authorities, clergymen, and teachers, in case they incite the people to resistance, may be made prisoners of war.
h.
Hostages.-When a hostage is accepted he is treated as a prisoner of war.
77.
Military attaches and agents of neutrals.-Military at-tach& and diplomatic agents of neutral powers, accompanying an army in the field or found within a captured fortress, are not ordinarily held as prisoners, provided they have proper papers of identification in their possession and take no part in the hostilities. They may, however, be ordered out of the theater of war, and, if necessary, handed over by the captor to the ministers of their respective countries.
78.
Must give name and rank; coercion to obtain military information prohibited-Every prisoner of war is bound to give, if he is questioned on the subject, his true names and rank, or else his serial number.
In case he ,infringes this rule, he shall be liable to restriction of the privileges accorded to prisoners of his category.
RUJXS OF LAND WARFARE
78-81
No coercion may be used on prisoners to obtain information relative to the state of their army or country. Prisoners who refuse to answer may not be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind what- ever.
If, because of his physical or mental condition, a prisoner is unable to identify himself, he shall be turned over to the medical authorities (G. P. W., art 5).
79. Effects that may be retained by prisoners.-All effects and objects of personal use–except arms, horses, military equipment and military papers–shall remain in the possession of prisoners of war, as well as metal helmets and gas masks.
Sums in the possession of prisoners may not be taken away from them except by order of an officer and after the amount is determined. A receipt shall be given. Sums thus taken away shall be credited to the account of each prisoner.
Identification tags and cards, insignia of rank, decorations, and objects of value may not be taken from prisoners (G. P. W., art. 6).
80. Evacuation.-Prisoners of war shall be evacuated within the shortest possible period after their capture to depots lo- cated in a region far enough from the zone of combat for them to be out of danger.
Only prisoners who, because of wounds or sickness, would run greater risks by being evacuated than by remaining where they are may be temporarily kept in a dangerous zone.
Prisoners shall not be needlessly exposed to danger while awaiting their evacuation from a combat zone.
Evacuation of prisoners, on foot, may normally be effected only by stages of 20 kilometers a day, unless the necessity of reaching water and food depots requires longer stages
(G. P. W., art. 7).
81. Notification of capture of prisoners; correspondence with family.-Belligerents are bound to notify each other re- ciprocally as soon as possible, through the intermediary of the information bureaus as organized under article 77 (see par. 163) of every capture of prisoners. They are Iikewise bound to inform each other of the official addresses to which the cor- respondence from the families to prisoners of war may be sent.
81-84 RULES OF LAND WARFARE
As soon as possible, every prisoner must be enabled to cor- respond with his family himself, under the conditions provided in article 36 (see par. 109) and following.
As regards prisoners captured at sea, the provisions of the present article shall be observed as soon as possible after arrival at port (G. P. W., art. 8).
82. Internment.-Prisoners of war may be interned in a town, fortress, or other place, and bound not to go beyond certain fixed limits. mey may also be interned in enclosed amps; they may not be confined or locked up except as an indispensable measure of safety or sanitation, slid only while the circumstances which necessitate this measure continue to exist.
Prisoners, captured in unhealthful regions or where the cli- mate is injn~rious for persons coming from temperate regions, shall be transported, as soon as possible, to a more favorable climate.
Belligerents shall, so far as possible, avoid assembling in a single camp prisoners of different races or nationalities.
No prisoner may, at any time, be sent back into a region where he might be exposed to the fire of a combat zone nor used to give protection from bombardment to certain points or certain regions by his presence (G. F. W., art. 9).
83. Installation of camps.-Prisoners sf war shall be lodged in buildings or in barracks affording all possible safeguards as to hygiene and healthfulness.
The quarters must be fully protected from dampness, suffi- ciently heated and lighted. A11 precautions must be taken against danger of fire.
As to the dormitories, the total area and minimum air space of dormitories, accommodatioas and bedding therein, shall be the same as those provided for the troops at base camps of the detaining power (G.P. W., art. 10).
84. Rations; eollecthe disciplinary measures affecting.-The food ration of prisoners of war shall be equal in quantity and quality to that of troops at base camps.
Furthermore, prisoners shall receive facilities for preparing, themselves, additional food which they may have.
20
\
RULES OF LAND WARFARE 84-87′
A sufficiency of potable water shall be furnished them. The use of tobacco shall be permitted. Prisoners may be employed in the kitchens.
All collective disciplinary measures affecting the food are prohibited (G. P. W., art. 11).
85. Clothing; canteens.-Outer clothing, underwear, and foot- wear shall he furnished prisoners of war by .the detaining power. Replacement and repair of these articles must be assured regularly. In addition, workers must receive work clothes wherever the nature of the work requires it.
Canteens shall be installed in all camps where prisoners may obtain, at the local market price, food products and ordinary articles.
Profits obtained by the management of the camps from the operation of .the canteens shall be used for the benefit of the prisoners (G. P. W., art. 12).
86. Hygiene.-Belligerents shall be bound to take all sani- tary measures necessary to assure the cleanliness and health- fulness of camps and to prevent epidemics.
Prisoners of war shall have at their disposal, day and night, installations conforming to sanitary rules and constantly main- tained in a state of cleanliness.
Furthermore, in addition to baths and showers with which the camps shall be as well provided as possible, prisoners shall be furnished a sufficient quantity of water to permit of their bodily cleanliness.
They must be enabled to take physical exercises and enjoy the open air (G. P. W.,art. 13).
87. Infirmaries.-Every camp ehall have an infirmary, where prisoners of war shall receive every kind pf attention they need. If necessary, isolation quarters shall be reserved for the sick affected with contagious diseases.
Expenses of treatment, including therein those of temporary prosthetic equipment, shall be borne by the detaining power.
Upon request, belligerents shall be bound to deliver to every prisoner treated an offic~ai statement showing the nature and duration of his illness as well as the attention received.
It shall be permissible for belligerents reciprocally to author- ize, by means of special arrangements, the retention in the
87-93 RULES OF LAND WARFARE
camps of physicians and hospital attendants to care for prison- ers of their own country.
Prisoners affected with a serious illness or whose condition necessitates a major surgical operation must be admitted, at the expense of the detaining power, to any military or civil medical establishment qualified to treat them (G. P. W., art 14).
88.
Medical inspections.-Medical inspections of prisoners of war shail be 11,eld at least once a month. Their purpose shall be to determine the general state of health and cleanliness, and ,to detect contagious diseases, particularly tuberculosis and venereal diseases (G. P. W., art. 15).
89.
Religious freedom.-Prisoners of war shall enjoy com-plete liberty in the exercise of their religion, including attend- ance at the services of whatever religion they may belong to, on the sole condition that they comply with the measures of order and police issued by the military authorities.
Ministers of a religion, prisoners of war, whatever their re- ligious denomination, shall be allowed to minister fully to their coreligionists (G. P. W., art. 16).
90.
Recreation.-Belligerents shall encourage as much as possible intellectual recreations and sports organized by prisoners of war (G. P. W., art 17).
91.
Camps to be commanded by officers; salutes.-Every prisoner of war camp shall be placed under the command of a responsible officer.
Besides the external marks of respect provided by the regula- tions in force in their armies with regard to their nationals, prisoners of war must salute all officers of the detaining power.
Officers who are prisoners of war are bound to salute only officers of a higher or equal rank of the detaining power
(G.P. W., art. 18).
92.
Insignia and decorations.-The wearing of insignia of rank and of decorations shall be authorized (6. P. W., art. 19).
93.
Regulations, orders, etc., to be communicated to prison- ers.-Regulations, orders, notices, and proclamations of every kind must be communicated to prisoners of war in a language which they understand. The same principle shall be applied in interrogations (6.P. W., art. 20).
RULES OF LAND WARFARE 94-97
94. Officers and persons of assimilated status (~ssimills); belligerents to notify each other of titles and rank; rank and age to be respected.-Upon the beginning of hostilities, betlig- erents shall be bound to communicate to each other recipro- cally the titles and ranks in use in their respective armies, with a view to assuring equality of treatment between oficers and assirnil6s of equivalent rank.
Officers and assirnil& who are prisoners of war shall be treated wit11 the regard due their rank and age (G. P. W.,
art. 21).
95.
Officers’ camps; food and clothing–In order to assure service in officers’ camps, soldiers of the same army who are prisoners of war and, as far as possible, who speak the same language shall be assigned thereto, in sufficient numbers, con- sidering the rank of the oficers and assirnil6s.
The latter shall procure their food and clothing from the pay which they shall receive from the detaining power. The management of the mess by the officers themselves should be facilitated in every way (6.P. W., art. 22).
96.
Pay of officers and assirnil&; rate of exchange; reim-bursement.-Subject to special arrangements between the belligerent powers, and particularly those provided in article 24
(see par. 97),officers and assirnil s who are prisoners of war shall receive from the detaining power the same pay as officers of corresponding rank in the armies of that power, on the con- dition, however, that such pay does not exceed that to which they are entitled in the armies of the country which they have served. They shall receive such pay in full, once a month if Possible, without any deduction being made for expenses chargeable to the detaining power, even if these expenses were made in favor of the said prisoners.
An agreement between the belligerents shall fix the rate of exchange applicable to such payment; in the absence of such an agreement, the rate adopted shall be that in force at the open- ing of hostilities.
All disbursements made to prisoners of war as pay must be reimbursed, at the end of hostilities, by the power which they have served (6. P. 1% art. 23).
97. Maximum amount of money retained; balance credited or deposited in bank.-Upon the outbreak of hostilities, the
97-100 RULES OF LAND WARFARE
belligerents shall, by common agreement, fix the maximum amount of ready money which prisoners of war of various ranks and categories s!iall he a!iowed to keep in their posses- sion. Any surplus takeo or withheld from a prisoner as well as any sum deposited by him shall be credited to his account, and may not be converted into another currency without his consent.
The balance credited to their accounts shall be paid to prisoners of war at the end of their captivity.
During their imprisonment, facilities shall be granted them for the transfer of these amounts, in whole or in part, to banks or private persons in their country of origin (6;P. W., art. 24).
98.
Transfer; sick and wounded.-Unless the conduct of military operations so requires, sick and wounded prisoners of war shall not be transferred as long as their recovery might be endangered by the journey (G. P. W., art. 25).
99.
Transfer; notification of destination;retention of effects; accounts; expenses.-In case of transfer, prisoners of war shall be offcially notified of their new destination in advance; they shall be allowed to take with them their personal effects, their correspondence, and packages which have arrived addressed to them.
All due measures shall he taken that correspondence and paclrages addressed to their former camp may be forwarded to them withont delay.
Sums degasited to the account of transferred prisoners shall be transmitted to the competent authority of the place to which they have been transferred.
The expenses occasioned by the transfer shall be charged to tile detaining power (G.F. W., art. 26).
100. Work authorized; exceptions; accidental injuries.-$el- ligerents may en~ploy as workers, according to their rank and aptitude, all able-bodied prisoners of war with the exception of oEcers and assimiE6s.
However, if ogficers and assimiE&sreqcest suitable work, it shall be secured for them so Ear as is possible.
Noncommissioned officers who are prisoners of war shall only be required to do supervisory work, unless they expressly re-quest. a remunerative accupation.
RULES OF LANDWARFARE IOQ-105
Belligerents shall be bound, during the whole period of cap- tivity, to allow to prisoners of war who are victims of accidents in connection with their work the enjoyment of the benefit of the provisions applicable to workers of the same category according to the legislation of the detaining power. With re- gard to prisoners of war to whom these legal provisions might not be applied by reason of the !egislation of that power, the latter undertakes to recommend to its legislative body all proper measures equitably to indemnify the victims (G.P. W.,
art 27).
101.
Maintenance while working for private persons.-The detaining power shall assume entire responsibility for the maintenance, care, treatment, and payment of wages of prison- ers of war working for private individuals (G. P. W., art. 28).
102.
Work for prisoner physically unfit prohibited.-No prisoner of war may be employed at work for which he is physically unfit (G. P. W., art. 29).
103.
Length of day’s workh’l?re length of the day’s work of prisoners of war, including therein the trip going and re- turning, shall not be excessive and must not, in any case, exceed that allowcd for the civil workers in the region em-ployed at the same gvork. Every prisoner shall be allowed a rest sf 24 censecutive hours every week, preferably on Sunday
(G.P. W., art. 30).
104. Work related to war operations prohibited; protests for violations.-Work done by prisoners of war shall have no direct relation with war operations. It is forbidden in par-ticular to employ prisoners for manufacturing and transport- ing arms or munitions of any kind, or for transporting inateriel intended for combatant units.
In case of violation of the provisions of the preceding para- graph, prisoners, after executing or beghning to execute the order, shall be free to have their protests presented through the agents whose functions are set forth in articles 43 and 44
(see pars. 116,117),or, in the absence of ail agent, through the intermediary of representatives of the protecting power
(G.P. W., art. 31).
105. Unhealthful or dangerous work; aggravation of working conditions as disciplinary measure forbidden.-It is forbidden to use prisoners of war on unhealthful or dangerous work.
ko5-108 RlJLES OF LAND WARFARE
Any aggravation of the working conditions as a disciplinary measure is forbidden (G. P. W., art. 32).
106. Work detachments; sanitary conditions, food, etc.-The regime of work detachments must be similar to that of prison- ers of war camps, particularly with regard to sanitary condi- tions, food, attention in case of accident or sickness, corre-spondence, and the receipfi of packages.
Every work detachment shall be attached to a prisoners’ camp. The commandant of that camp shall be responsible for the observance, in the work detachment, of the provisiolls of the present Convention (G. P. W., art. $3).
107. Wages; fixed by agreements; rules for determining payments.-Prisoners of war shall not receive wages for work connected with the administration, installation, and mainte- nance of the camps.
Prisoners employed for other work shall be entitled lo wage; to be fixed by agreements between the beI!igerents.
These agreements shall also specify the part which the camp administration may retain, the amount which shall belong to the priso~er of war, and the manner in which that amount shall be put at his disposal during the period of his captivity.
While awaiting the conclusion of the said agreements, pay- ment for work of prisoners shall be determined according to the rules given below:
a.
Work done for the. state shall be paid for in accordance with the rates in force for military personnel of th,e national army doing the same work, or, if nene exists, according to a rate in harmony with the work performed.
b.
When the work is done for the account of other public administrations or for private persons, conditions shall be regulated by agreement with the military authority.
Thebalance remaining to the credit of the prisoner shall be delivered to him at the end of his captivity. In case of death, it shall be forwarded through diplomatic channels to the heirs of the deceased (G. P. W., art. 34).
108. External relations-publication of measures.-Upon the outbreak of hostilities, belligerents shall publish the measures provided for the execution of the provisions of this section
(G.P. W., art. 35). The provisions referred to are those com- prised in paragraphs 109 to 114, inclusive.
RmS OF LAND WARFARE 109-112
109. Correspondence.-Each of the belligerents shall peri- odically determine the number of letters and postal cards which prisoners of war of the various categories shall be al- lowed to send each month!, and shall inform the other bellig- erent of this number. These letters and cards shall be trans- mitted by post by the shortest route. They may not be delayed or retained for disciplinary reasons.
Within a period of not more than one week after his arrival at the camp, and likewise in case of sickness, every prisoner shall be enabled to write his family a postal card informing it of his capture and of the state of his health. The said postal cards shall be forwarded as rapidly as possible and may not be delayed in any manner.
As a general rule, correspondence of prisoners shall be written in their mother tongue. Belligerents may allow corre- spondence in other languages (G. P. W., art. 36).
110.
Postal parcels containing food or clothing.-Prisoners of war shall be allowed individually to receive parcels by mail, containing food and other articles intended to clothe or feed them. Packages shall be delivered to the addressees upon a receipt (G. P. W., art. 37).
111.
Letters, postal parcels, gifts, etc., exempt from postal charges, import duties; telegrams.-Letters and consignments of money or valuables, as well as postal parcels intended for prisoners of war or dispatched by them, either directIy or through the information bureaus provided for in article 77 (see par. 163),shall be exempt from all postal charges in the coun- tries of origin and destination, as well as in the countries they Pass through.
Gifts and relief in kind for prisoners shall be likewise exempt from all import and other duties, as well as from payments for carriage by the state railways.
Prisoners may, in case of acknowledged urgency, be allowed to send telegrams, paying the usual charges (G. P. W., art. 38).
112. Books received subject to censorship.-Prisoners of war shall be allowed 60 receive shipments of books individually which may be subject to censorship.
Representatives of the protecting powers and duly recognized and authorized aid societies may send works and collections of
112-116 BULES OF LAND WARFARE
books to the libraries of prisoners camps. The transmission
of these shipments to libraries anay not be delayed under the
pretext of censorship difficulties (G. P. W., art. 33).
113. Censorship of correspondence.-Cei~sorship of corre-spondence must be effected within the shortest possible time. Furthermore, inspection of parcels post must be effected under proper conditions to gnarantee the preservation of the articles which they may contain and, if possibie, in the presence of the addressee or an agent duIy recognized by him.
Prohibitions of correspondence promulgated by the belliger- ents for military or political reasons must be of a temporary nature only and of the shortest duration possible (G. P. W., art. 40).
114. Transmission of documents; authentication of signa-tures.-Belligerents shall assure all facilities for the trans-mission of instruments, pagers, or documents liltended for prisoners of war or signed by them, particularly of powers of attorney and wills.
–
They shall take the necessary measures to assure, in case of necessity, the authentication of signatures made by prisoners
(G. P. W., art. 41).
115. Complaints.-Prisoners of war shall have the sight to inform the military authorities in whose power they are, of their requests with regard to the regime of captivity to which they are subjected.
They shall also have the right to address themselves to repre- sentatives of the protecting powers to indicate to them the points on which they have complaints to formulate ivith regard to the rggime of captivity.
These requests and complaints must be transmitted imme- diately. Even if they are found to be baseless, they shall not occasion any punishment (G. P. Wa9art. 42).
116. Agents; intermediaries.-In every place wherz there are prisoners of war, they shall be allowed to appoint agents en- trusted with representing them directly with the military authorities and the protecting powers.
This appointment shall be subject to the approval of the military authority.
RULES OF LAND WARFARE 1-16-119
The agents shall be entrusted with the reception and distri- bution of collective shipments. Likewise, in case the prisoners should decide to organize a mutual assistance system among themselves, this organization would be within the competence of the agents. Further, they may lend their services to prison- ers to facilitate their relations with the aid aocieties mentioned in article 78. (See par. 164.)
In camps of officers and assimilt?s, the senior oEcer prisoner of war in the highest grade shall be recognized as inter-mediary between the camp authorities and the officers and assirnil& who are prisoners. For this purpose he shall have the power .to appoint an officer prisoner to assist him as an interpreter during the conferences with the camp authorities
(G. P. W.,art. 43).
117. Employment of agents as workers; intercourse with authorities; transfer of agents.-When the agents are em-ployed as workers, the time spent on their duties as representa- tives of prisoners of war shall be included in the compulsory working hours.
All facilities shall be accorded the agents for their inter- course wit11 the military authorities and with the protecting power. This intercourse shall not be limited.
No representative of the prisoners may be transferred with- out the necessary time being allowed him to acquaint his successors with current matters (G.9.W., art. 44).
118. Prisoners subject to laws and regulations of detaining power.-Prisoners of war shall be subject to the laws, regula- tions, and orders in force in the armies of the detaining power.
Any act of insubordination shall justify the adoption towards them of the measures provided by such laws, regulations, and orders.
Tl~eprovisions of the present chapter, however, are control- ling (G.P. W., art 45). The provisions here indicated are those quoted in paragraphs 119 to 140, inclusive.
119. Punishments; limitations; corporal; collective.-Punish- I ments other than those provided for the same acts for soldiers 1 of the national armies may not be imposed upon prisoners of I war by the military authorities and courts of the detaining 1, power.
119-122 RULES OF LAND WARFARE
Officers, noncommissioned officers, or soldiers who are prisoners of war undergoing disciplinary punishment shall not receive less favorable treatment than that provided in connec- tion with the same punishment for those of equal rank in the army.
Any corporal punishment, any imprisonment in quarters without daylight, and, in general, any form whatever of cruelty is forbidden.
Collective punishment for individual acts is also forbidden
(G. P. W., art. 46).
120. Verification of offenses; preliminary judicial proceed- ings; imprisonment pending trial deducted.-Acts constituting an offense against discipline, and particularly, attempted escape, shall be verified immediately; for all prisoners of war, commissioned or not, preventive arrest shall be reduced to the absolute minimum.
Preliminary judicial proceedings against prisoners of war shall be conducted as rapidly as the circumstances permit. Imprisonment pending trial shall be restricted as much as possible.
In all cases the period of imprisonment pending trial shall be deducted from the disciplinary or the judicial punishment inflicted, in so far as such deduction is allowed for national soldiers (G. W. P., art. 47).
121.
Treatment after punishment; attempted escape.-Prison- ers of war may not be treated differently from other prisoners after having suffered the judicial or disciplinary punishment which has been imposed on them.
Nevertheless, prisoners punished as a result of attempted escape may be subjected to special surveillance, which, how- ever, may not entail the suppression of the guaranties granted prisoners by the present convention (G. P. W., art. 48).
122.
Not to be deprived of rank; officers and assimilBs under-going punishment not to be confined with enlisted men.-No prisoner of war may be deprived of his rank by the detaining power.
Prisoners given disciplinary punishment may not be deprived of the prerogatives attached to their rank. In particular, officers and assimil8s who suffer punishment involving depri-
.
I
1
,
‘
1
I
RULES OFLAND WARFARE ;I22-196
vation of liberty shall not be placed in the same quarters as non-commissioned officers or privates undergoing punishment
(G.P. W., art. 49).
123. Escaped prisoners recaptured, subject to punishment.- Escaped prisoners of war who are retaken before being able to rejoin their own army or to leave the territory occupied by the army which captured them shall be liable only to disciplinary punishment.
Prisoners who, after having succeeded in rejoining their army or in leaving the territory occupied by the army which captured them, may again be taken prisoners shall not be liable to any punishment on account of their previous flight (G.P. W.,
art. 50).
124.
Attempted escape as incident to other offenses; assist- ing in escape.-Attempted escape, even if it is not a first of- fense, shall not be considered as an aggravating circumstance in case the prisoner of war should be given over to the courts on account of crimes or offenses against persons or property committed in the course of that attempt.
After an attempted or accomplished escape, the comrades of the person escaping who assisted in the escape may incur only disciplinary punishment on this account (G. P. W., art. 51).
125.
Leniency in deciding whether judicial or summary pun- ishment be imposed; dual punishment forbidden.-Belligerents shall see that the competent authorities exercise the greatest leniency in deciding the question of whether an infraction committed by a prisoner of war should be punished summarily or judicially.
This shall be the case especially when it is a question of deciding on facts in connection with escape or attempted escape. A prisoner may not be punished more than once because of
the same offense or on the same charge (G.P. W., art. 52).
126. Summary punishment not to delay repatriation; penal prosecution, contra; lists of latter cases to be exchanged by belligerents.-No prisoner of war on whom a summary punish- ment has been imposed, who might be eligible for repatriation, may be kept back because he has not undergone the punish- ment.
Prisoners to be repatriated who may be undergoing a penal Prosecution may be excluded from repatriation until the end of
126-129 EUL3.S OF LAND WARFARE
the proceedings and, if necessary, until the completion of the punishment; those who may be already imprisoned by virtue of a sentence may be detained until the end of their imprison- ment.
Belligerents shall communicate to each other the lists of those who for the reasons given in the preceding paragraph cannot be repatriated (G. P. W.,art. 53).
127. Maximn~ln summary punishments.-Arrest is the most severe summary punishment which may be imposed on a prisoner of war.
The duration of a single punishment may not exceed 30 days.
Furthermore, thii maximum of 30 days may not be exceeded in the case of a prisoner subjected at one time to summary pun- ishment for several acts, whether these acts be connected or not.
When, during or after the end of a period of arrest, a prisoner shall have a new summary punishment imposed upon him, a space of at least 3 days shall separate each of the periods of arrest, if one of the~rr is 10 days or more (G. P. JY., art. 54).
128. Fond restrictions as punis!ament7Saabject to the pro-vision which is the slibject of the last paragraph of article 11 (see par. 84), food restrictions allowed in the armies of the detaining power are applicablq as an increase of punishment, to prisoners of war given summary punishment.
However, these restrictions may be ordered only if the state of health of the prisoners punished permits it (G. P. W., arb. 55).
12% Transfer to penitentiaries, co~~victprisons, etc., pro-hibited; sanitary requirements; exercise.-in no case may prisoners of war be transferred to penitentiary establishments (prisons, penitentiaries9 convict prisons, etc.) there to ilndergo summary punishment.
The quarters in which wmmary punishment is undergone . shall conform to sanitary requirements. Prisoners punished sha!l be enabled to keep themselves in a state of cleanliness. These prisoners shall be allowed to exercise or to stay in the open air at least 2 hours every day (G. P. W., art 56).
RULES OF LANDWARFARE 130-134
130. Correspondence; delivery of packages.-Prisoners of war given summary punishment shall be allowed to read and write, as well as to send and receive letters.
On the other hand9 delivery to the addressees of packages and money sent may be withheld until the expiration of the punishment. If the packages not delivered contain perishable products, these shall be turned over to the camp infirmary or kitchen (G.P. W., art. 57).
131.
Medical inspection.-Prisoners of war given summary punishment shall be allowed, on their request, to be present at the daiIy medical inspection. ‘I’hey shall receive the care considered necessary by the doctors an$ if necessary, shall be evacuated to the camp infirmary or to hospitals (6;. P. W., art. 58).
132.
Summary punishment to be imposed only by oacers vested with disciplinary authority.-Under reservation of the rights to courts and superior military authorities to exercise their legitimate functions, summary punishment shall only be pronounced by an officer vested with disciplinary authority in his capacity as commander of a camp or of a detachment, or by the responsible officer replacing him (G.P.W., art. 59).
133.
Judicial prosecutions; notice to protecting power.-At the opening of a judicial proceeding directed against a prisoner of war, the detaining power shall advise the representative of the protecting power thereof as soon as possible, and always before the date set for the opening of the trial.
*
This advice shall contain the following information:
(a)
Civil status and rank of prisoner;
(b)
Place of sojourn or imprisonment;
(c)
Statement of the charges and specifications, with notice of the legal provisions appllirablle.
If it is not possible to indicate in such notice the court which will pass upon the matter, the date of opening of the trial and the place where it will take place, this information must be furnished to the representative of the protecting power later, as soon as possible, and at all events, at least 3 weeks before
the opening of the trial (G.P.W., art. 60).
134. Right to defend; not compelled to admit guilt.-No pris-I oner of war may be sentenced without having had an opportn. 1 nity to defend himself.
134-139 RULES OF LAND WARFARFA
No prisoner may be compelled to admit himself guilty of the act of which he is accused (G.P.W., art. 61).
135. Right to counsel; interpreter; representative of protect- ing power may attend trial; exception.-The prisoner of war shall have the right to assistance by a qualified counsel of his choice and, if necessary, to have recourse to the services of a competent interpreter. He shall be advised of his right .by the detaining power, in due time before the trial.
In default of a choice by the prisoner, the protecting power may obtain a counsel for him. The detaining power shall deliver to the protecting power, on its request, a list of persons qualified to present the defense.
Representatives of the protecting power shall be entitled to attend the trial of the case.
The only exception to this rule is the case where the trial of the case must be secret in the interest of the safety of the State. The detaining power shall so advise the protecting power (G.P.W., art. 62).
136.
What courts to pronounce sentence; procedure.-Sen-tence may be pronounced against a prisoner of war only by the same courts and according to the same procedure as in the case of persons belonging to the armed forces of the detaining power (G.P.W., art. 63).
137.
Right to appeal.-Every prisoner of war shall have the right of appeal against any sentence rendered with regard to him, in the same way as individuals belonging to the armed forces of the detaining power (GQ.W., art. 64).
138.
Notice of sentence to protecting power.-Sentences pro-nounced against prisoners of war shall be communicated to the protecting power immediately (G.P.W., art. 65).
139.
Death penalty; notice of; not to be executed for 3 months after notice.-If the death penalty is pronounced against a prisoner of war, a communication setting forth in detail the nature and circumstances of the offense shall be sent as soon as possible to the representative of the protecting power for transmission to the power in whose armies the prisoner served.
The sentence shall not be executed before the expiration of a period of at least 3 months after this communication (G.P.W., art. 66).
RULES OF LAND WARFARE 140-143
14d Provisions of article 42 not affected by sentence.–No prisoner of war may be deprived of the benefit of the pro- visio~zsof article 42 (seepar. 115) of the present convention as a result of a sentence or otherwise (G.P.W., art. 67).
141. Seriously sick or woun~ded to be returned to their own country; model agreement regarding repatriation or hospitali-zation in neutral country.-Belligerents are bound to send back to their own country, regardless of rank or number, seriously sick and severely wounded prisoners sf war, after having brought them to a condition where they can be transported.
Agreements between belligerents shall accordingly settle as Boon as possible the cases of disability or of sickness, involving direct repatriation, as well as the cases involving possible hos- pitalization in a neutral country. While awaiting the conclu- sion of these agreements, belligerents may follow the model agreement annexed, as an exhibit, to .the present convention (see par. 172) (G.P.W., art. 68).
142. Mixed medical commissions.-Upon the outbreak of hos- tilities, belligerents shall come to an agreement to name mixed medical commissions. These commissions shall be composed of three members, two of them belonging to a neutral country and one appointed by the detaining power; a physician of the neutral country shall preside. These mixed medical commis- sions shall proceed to the examination of sick or wounded prisoners and shall make all necessary decisions regarding them.
Decisions of these commissions shall be by majority and carried out with the least possible delay (G.P.W., art. 69).
143. Inspection of prisoners with view to direct repatria- tion.-Besides those who are designated by the camp physician, the following prisoners of war shall be inspected by the mixed medical commission mentioned in article 69 (see par. 142), with a view to their direct repatriation or their hospitalization in a
1
neutral country:
a. Prisoners who make such a request directly of the camp
physician.I b. Prisoners who are presented by the agents provided for in
article 43 (see par. 116), acting on their own initiative or at the request of the prisoners themselves. ,
r
343-150 RULES OF LAND WARFARE
c. Prisoners who have been proposed by the power in whose armies they have served or by an aid society duly recognized and authorized by that power (G.P.W., art. 70).
144.
Prisoners victims of accidents.-Prisoners of war who –are victims of accidents in connection with work, except those who have deliberately injured themselves, shall enjoy the benefit of the same provisions, as far as repatriation or pos- sible l~ospitdization in a neutral country is concerned (G.P.W., art 71).
145.
Able-bodied prisoners held captive for long period.- Throughout the duration of hostilities and from humane con- siderations, belligerents may conclude agreements with a view to the direct repatriation or hospitalization in a neutral conn- try of able-bodied prisoners of war who have undergone a long period of captivity (G.P.W., art. 72).
146.
Expeases of repatriatiom.-The expenses of repatriation or of transportation to a neutral country of prisoners of war shall be borne, from the frontiers of the detaining power, by the power in whose armies the prisoners have served (G.P.W., art. 73).
147.
Repatriated persons not eligible fod active military service.-No repatriated person may be utilized in active mili- tary service (G.P.W., art. 74).
148.
Parole permitted if laws of their country allowhPr’rts- oners of war may be set at liberty on parole if the laws of their country allow, and, in such cases, they are bound, on their personal honor, scrupulously to fulfill, both toward their own government and $he government by whom they were made prisoners, the engagements they have contracted.
In such eases their own government is bound neither to require of nor accept from them any service incompatible with the parole given (H.R., art. PO).
149.
Form and substance of parole.–The parole should be in writing and signed by the prisoner. It should state in clear and unequivocal language exactly what acts the prisoner is obli- gated not to do, particularly as to whether he is bouad to re-frain from all acts against the captor or only from taking part directly in military operations.
150.
Parole of enlisted menn-No noncommissioned officer or private can give his parole except through an officer of his own
RULE@ OF LAND WARFARE 150-159
=my. fie only admissible exception is where an individual
properly separated from his command has suffered long conhe-
ment without the possibility of being paroled through an officer.
151.
Parole of commissioned officers.-Commissioned officers can give their paroles only with the permission of a military superior as long as such superior is accessible.
152.
Parole ineffectual.-No paroling on the battlefield,, no paroling of entire bodies of troops after a battle, and no dis- missal of large numbers of prisoners, with a general declaration that they are paroled, is permitted or of any value.
153.
Paroling discretionary with belligerent government.- A belligerent government may declare, by a general order. whether it will allow paroling, and on what conditions it will allow it. Such order is communicated to the enemy.
154.
Not compelled to accept parole.-A prisoner of war can- not be compelled to accept his liberty on parole; similarly the hostile government is not obliged to accede to the request of ,the prisoner to be set at liberty on parole (H.R., art. 11).
155.
Violation of parole.-Prisoners of war liberated on parole and recaptured bearing arms against the-government to whom they had pledged their honor, or against the allies of that government, forfeit their right to be treated as prisoners of war, and can be brought before the courts (W.R.,art. 12).
156.
Exchange of prisoners not obligatory.-The exchange of prisoners is an act of convenience to both bellige~ents. If no general cartel has been concluded, it cannot be demanded by either of them. No belligerent is obliged to exchange prisoners Of war.
157.
When exchange made.-No exchange of prisoners shall be made except after complete capture, and after an accurate account of them and a list of the captured officers have been taken.
158.
Conditions of exchange.-Exchanges of prisoners take place, number for number, rank for rank, disability for disabil- ity, with added condition for added condition-such, for in- Stance, as not to serve for a certain period.
159.
Substitutions.-In exchanging prisoners of war such 1 numbers of persons of inferior rank may be substituted as an i equivalent for one of superior rank as may be agreed upon by
159-163 RULES OF LAND WARFARE
cartel which requires the sanction of the government or of the commander of the army in the field.
160.
Spies, war traitors, and war rebels.-According to the unwritten lam of war, spies, war traitors, and war rebels are not exchanged. The exchange of such persons would require a special cartel, authorized by the government, or, at a great distance from it, by the chief commander of the army in the field.
161.
Armistice convention to include stipulations regarding repatriation of prisoners; prisoners undergoing punishment; commissions to search for dispersed prisoners.-When belliger-ents conclude an armistice convention they must as a rule include therein stipulations regarding the repatriation of prisoners of war. If it has not been possible to insert stipula- tions in this regard in such convention, beIligerents shall nevertheless come to an agreement in this regard as soon as possible. In any case, repatriation of prisoners shall be effected with the least possible delay after the conclusion of peace.
Prisoners of war against whom a penal prosecution may be pending for a crime or an offense of municipal law map, how-ever, be detained until tbe end of the proceedings, and, if neces-sary, until the expiration of the punishment. The same shall be true of those sentenced for a crime or offense of municipal law.
On agreement between the belligerents, commissions may be established for the purpose of searching for dispersed pris- oners and assuring their repatriation (G.P.W., art. 75).
162. Wills of prisoners; death certificates; burial.-Wills of prisoners of war shall be received and drawn up in the same way as for soldiers of the national army.
The same rules shall be observed regarding death certilcates.
Belligerents shall see that prisoners of war dying in captivity are honorably buried and that the graves bear all necessary information, are respected and properly maintained (h:ZZW., art. 76).
163. Official information bureau; notification of capture of prisoners: mutual exchange of information, etc.-Upon the outbreak of hostilities, each of the belligerent powers; as well as the neutral powers which have received belligerents, shall
RULES OF LAND WARFARE 163-164
institute an o5cial information bureau regarding prisoners of war within their territory.
Within the shortest possible period, eacn of the belligerent powers shall inform its information bureau of every capture of prisoners effected by its armies, giving it all available informa- tion regarding identity, thereby permitting prompi notification to the families concerned, and informing it of the ofiicial ad- dresses at which families may write to prisoners.
The information bureau shall immediately forward all this information to the interested powers, through the intervention, on one hand, of the protecting powers and, on the other, of the central agency provided for in article 79. (See par. 165.)
The information bureau charged with replfiilg to all inquiries about prisoners of war, shall receive from the various services coilcerned full information respecting internments and trans- fers, releases on parole, repatriations, escapes, stays in hos- pitals, deaths, as well as other information necessary to e~ableit to make out and keep up to date an individual record for each prisaner of war.
The bureau shall state in this return, insofar as is possible and subject to the provisions of article 5 (see par. 7S), the serial number, given names and surname, date and place of birth, rank and unit of the interested party, the given name of the father and the name of the mother, the address of the persen to be advised inn case of accideat, wounds, date and place of capture, internment, wounding and death, as well as any other important information.
Weekly lists containing all new information likely to facili- tate the identification of each prisoner shall be transmitted to the interested powers.
At the conclusion of peace the individual record of the pris- oner of war shall be delivered to the power which he served.
The information bureau shall further be bound to receive all artic!es of personal use, valuables, letters, pay vouchers, identification marks, etc., which are left by prisoners of war who have been repatriated, released on parole, have escaped or died, and to transmit them to the countries interested (G.P.W., art. 77).
164. Belligerents to extend to relief societies facilities for efficient performance.-Relief societies for prisoners of war,
164-167 RULES OF LAND WARFARE
which are properly constituted in accordance with the laws of their country and with the object of serving as channels for charitable effort, shall receive from the belligerents, for them-selves and their duly accredited agents, every facility for the efficient performance of their humane task within the bounds imposed by military necessities. Agents of these societies may be adrnittcd to the camps for the purpose of distributing relief, as also to the halting places of repatriated prisoners, if fur-nished with spersona! permit by the military authorities, and on giving an undertaking in writing to comply with all meas-ures of order and police which the latter may iss’ae (G.B.W, art. 18).
165. Central agency for information in ne~tral countries.-A central agency Car information regarding prisoners of war shall be created in a ~teu~laii’aaol~itry. The inf~~rlationslcom-mittee of the Red Cross shall propose the organization of such an agency to the interested powers, if it considers it neces-sary.
Tie fci~ctionof titis agency shali be locentraiize all informs- tion respecting prisoners, which it may obtain throrlgk aflicial or private channels; it shall transmit it as quicqi!y as possible to the country of origin of the prisoners or to the power which they have served.
These pro~ininns nwet not be interpreted as restricting the humanitarian activity of the international committee of the Bed Cross (G.P.W., art. 79).
166.
Infcrmetioi~ bureaus exempt fr~mpostal charges and import and other duties.–Information brzreans shzlI enjoy the p~ivilege of free postage on postal matter, 8s well as all ex-em2tions provided in artide 38 (see r~ai-.111) (G.P.PJJ,art. 80).
167.
Reservation of sight to eonclrtde special conventions.- The high contracting parties reserve the right to condude spe- cial conventions cn a13 qluestisns relative to prisoner3 of war which it seems to them expedient to regulate by special agreement.
Prisoners of war shall receive the benest of these agree- ments mtil the completion of repatriation, except in the case of express 8tipulatior.s to the contrary contailred in the above-mentioned agrecaents or in later agreements, or like- wise, except in the case of more favorable measures taken by
RULES OF LAND WARFARE 16Y-160
one or the other of the belligerent powers respecting the pris- oners held by them.
111 order to asslve the application, on both sides, of the stipulations of the present convention, and to facilitate the conclusion of the special conventions provided for above, bel- ligerents nay, upon the commencement of hostilities, authorize meetings of representatives of the respective authorities charged with the administration of prisoners of war (G.P.Wn, art. 8%).
168. Text of convention to be posted.-The text of the pres- ent convention and of tlae special conventions contemplated In the foregoing article, shall be posted, whenever possible in the mother tongue of the prisoners of war, in places where it may be consulted by all the prisoners.
The text of these conventions shall be communicated to prisoners who find it impossible to get the information from the posted text, upon their request (G.P.W., art. 84).
169. Representatives of the protecting powers allowed to see prisoners.-The high contracting parties recognize that the regular application of the present convention will find a guar- anty in the possibility of colIaboration of the protecting powers charged with safeguarding the interests of belligerents; in this respect, the protecting powers may, besides their diplo- matic personnel, appoint delegates from among their own na- tionals 01-from among the nationals of other neutral powers. These delegates must be subject to the approval of the bdliger-ent near which they exercise their mission.
Representatives of the protecting power or its accepted dele- gates shall be permitted to go to any place, without exception, where prisoners of war are interned. They shall have access to all places occupied by prisoners and may converse with them, as a general rule without witnesses, personally or through interpreters.
Belligerents shall, to the widest extent possible, facilitate the
task of representatives or accepted delegates of the protecting
power. The military authorities shall be informed of their
visit.
Belligerents may come to an agreement to allow persons of the same nationality as the prisoners to be permitted to take part in inspection trips (G.P.W., art. 86).
1’?’0-172 RULES OF LAND WARFARE
170. Protecting powers to aid in settling differences.-In case of disagreement between the belligerents as to the appliea- tion of the provisions of the present convention, the protecting powers must, insofar as possible, lend their good offices for the purpose of settling the difference.
For this purpose, each of the protecting powers may, in par- ticular, suggest to the interested belligerents a meeting of representatives thereof, possibly upon a neutral territory suit- ably chosez. Belligerents shall be bound to accede to proposals in this sense which are made to them. The protecting power may, if occasion arises, submit for the approval of the powers concerned a person belonging to a neutral power or a person delegated by the international committee of the Red Cross, who shall be summoned to take part in this meeting (G.P.W., art. 87).
171.
Irrternational commfttee of the Red Cross, activities not to be affected by foregoing provisions.-The foregoing provi- sions are not an obstacle to the humanitarian activity whicx the international committee of the Bed Cross may display for the protection of prisoners of war, with the consent of the interested belIigerents (G.P.W., art. 88).
172.
Annex to the Convention of July 1929, relative to the treatment of prisoners of war. Model agreement concerning the direct repatriation and the hospitalization in a neutral country of prisoners of war for reasons of health. (See par. 141.)
I. Governing principles for direct repatriation and hos- pitalization in a neutral country.
A. Governing principles for direct repatriation.
There shall be directly repatriated:
1.
Sick and wounded who, according to medical opinion, are not likely to recover in one year, their condition requiring treatment and their mental or physical fitness appearing to have suffered considerable diminution.
2.
Incurable sick and wounded whose mental or physical fit-ness appears to have suffered considerable diminution.
3.
Cured sick and wounded whose mental or physical fitness appears to have suffered considerable diminution.
B. Governing principles for hospitalization in a neutral country.
RULES OF LBWD WARFARE
TItsre shall be hospitalized:
1.
Sick and wounded whose cEre within a period of one year is to be expected, such cure appearing more certain and more rapid if the sick and wounded are given the benefit of the resonrces offered by the neutral country than if their captivity proper is prolonged.
2.
Prisoners of war whose mental or physical health appears, according to medical opinion, to be seriously menaced by con- tinuance in captivity, while hospitalization in a neutral country would probably remove this danger.
C. Governing principles for the repatriation of prisoners
hospitalized in a neutral country. There shall be repatriated, the prisoners of war hospitalized in a neutral country, who belong to the following categories:
1.
Those whose state of health appears to be or to be becom-ing such that they fall within the categories of persons eligible to repatriation for reasons of health.
2.
The recovered whose mental or physical fitness seems to have suffered a considerable diminution.
11. Special principles for direct repatriation or hospitali- zation in a neutral country.
A. Special principles for repatriation.
There shall be repatriated:
1.
All prisoners of war who, as the result of organic injuries, have the following impairments, actual or functional: Loss of a member, paralysis, articular or other defects, provided that the loss is at least a foot or a hand, or is equivalent to the loss of a foot or a hand.
2.
All. wounded or injured prisoners of war wltose condition is such that it renders them invalids whose cure, within a period of 1 year, cannot be anticipated from a medical stand- point.
3.
All the sick whose condition is such that it renders them invalids whose cure, within a period of 1year, cannot be antici- pated from a medical standpoint. The following? in particular, belong to this category:
a. Progressive tuberculosis of any organs which, according to medical opinion, can no longer be cured or at least consider- ably improved by a course of treatment in a neutral country.
br
17.2
RUXES OF LAND WARFARE
b.
Nontubercmlar affections of the respiratory organs gre- sumed fcura.ble such as, above all, strongly developed pul- monary emphysema, with or without bronchitis, bronchial dilatio~s, serious asthma, gas poisoning, ete.
c.
Serious chronic affections of the organs of circulation (for example: Valvular affections with tendencies to disorders of compensation, relatively serious affections of the myocardium, pericardium and of the vessels, especially inoperable aneurisms of the large vessels, ete.).
d.
Serious chronic affections of the digestive organs.
e.
Serious chronic anections of the urinary and sexual organs, particularly, for example: All cases of con5rmed chronic ne- phritis with complete semeiology, and most especially when cardiac and vascular impairments already exist; likewise pye- litis and chronic cystitis, etc.
f.
Serious chronic diseases of the central and yvipheral nervous system, such as particularly, serious neurasthenia and hysteria, all unquestionabIe cases of epilepsy, serious cases of Basedow’s disease, etc.
g.
Blindness in both eyes, or in one eye when the vision of the other remains below l in spite of the use of corrective glasses. Redaction in acuteness of vision in case it is impos-sible to restore it by correction to the acuteness of ‘/2 for one eye at least. Other ocular affections coming in the present class (glaucom .,iritis, choroiditis, ete.).
h.
Total deafness in both ears, as well as total deafness in one ear in case the partially deaf ear does not discern the ordi- nary spoken voice at a distance of one meter.
i.
All unquestionable eases of mental affections.
k.
All serious cases of chronic poisoning by metals or other causes (saturnism, hydragyrism, morghinism, cocainism, alco- holism, gas poisoning, etc.)
1. Chronic affections of the organs of locomotion (arthritis deformans, gout, rheumatism with impairments clinically dis- coverable), provided they are serious.
m. All malignant neoplasms, if they are not amenable to rela- tively minor operations without endangering the life of the patient,
RD’LES OF LAND WARFARE a79
8. Ali eases of malaria with noticeable organic changes (im-portant chronic increase in size of the liver, of the spleen, cachexia, etc.).
o.
Serious chronic cutaneous affections, insofar as their na-ture does not constitute a medical indication for hospitalization in a neutral country.
p.
Serious avitaminoses (beri-heri, pellagra, chronic scurvy).
B.
Special principles for hospitalization. Prisoners of warmust be hospitalized if they have the following a@ ections :
1.
AII forms of tuberculosis of any organs whatever if, ac- cording to present medical knowledge, they may be cured, or at least considerably improved by methods applicable in a neutral country (altitude, treatment in sanatoria, etc).
2.
All forms, necessitatihg treatment, of affections of the respiratory, circulatory, digestive, genito-urinary, and nervous organs, of organs of the senses, of the locomotor and c~xtaneous apparatus; provided, however, that the forms of these affec- tioes do not belong to the categories requiring direct repatria- tion, or are not acute diseases properly so-called with a tendency to a complete cure. The affections c~ntemplated in this paragraph are those which offer really better chances of cure for the patient by the application of means of treat-ment available in a neutral country than if he mere treated in czptivity.
Nervous troubles, the efficient or determinant causes of which are the events of the war or even of the captivity itself, such as the psychasthenia of prisoners of mar and other anallo- mms cases, should be given sgeeial consideration.
All duly verified eases of this kind should be hospitalized, provided that the seriousness or constitutionaA character thereof does not malre them cases for direct repatriation.
Cases of psychasthenia of prisoners of war which are not cured after 3 months of hospiializatim in a neutral country Or which, after this period has expired, are not obviously on the road to final recovery should be repatriated.
3. All cases of wounds, of lesions, and their results which Offer better chances of cure in a neutral country than in cap- tivity, provided that these cases are not either eligible for exchange or else are insignificant.
172
RULES OF LAND WARFARE
4.
All cases of malaria, duly verified and not presenting organic changes clinically discoverable (chronic increase in size of liver, of the spleen, cachexia, etc.), if the stay in a neutral country offers particularly favorable prospects of final cure.
5.
A!1 cases of poisoning (particularly by gases, metals, alltaloids) for which the prospects of cure in a neutral country are especiaily favorable. , There shall be excluded from hospitalization:
1.
All duly verified cases of merdal affections.
2.
All organic or functional nervous affections reputed to be incurable. (Thesc two categories belong to those giving a right to direct exchange.)
3.
Serious chronic alcoholism.
4.
A11 contagious affections during the period in which they are transmissible (acute infectious diseases, primary and secondary syphilis, trachoma, leprosy, etc.).
1×1. General observations. The conditior~s given above silould, generally speaking, be interpreted a:d applied in as broad a spirit as possible.
This Breadth oP interpretation should be especially applied to neuropathic or psychopathic conditions caused or brought to a head by the events of the war or even of the captivity itself (psychasthenia of prisoners of war), and also to cases of tuberculosis in a11 degrees.
It is needless to state thst camp physicians and thc mixed medical ccmmission may find themselves conafronted with a great number of cases not mefitioned among the examples given under I& or cases not fitting in with these examples. The examples mentioned ab~eare given only as typical examples; an andogons iist of examples of surgical alterations has not bcea Gram up because, with the exception of cases incontestable by their very nature (amputations), it is diffi-cult to mal:e a Bist of particular types; experience has shorn thst a recital of these particular cases was not without disadvantages in practice.
All cases not fitting exactly into the examples cited slxaI1 be decided by invoki~g the spirit of the above governing principles.
RULES OF LAND WARFAFCE 173-176
CHAPTER 5
SICK, WOUNDED, AND DEAD
173.
Prior conventions superseded.-The present convention shall replace the conventions of August 22,-1864, and of July 6, 1906, in the relations between the high contracting parties (G.W.S., art. 34).
174.
Protected a~dtreated with humanity.-Officers, sol-diers, and other persons officially attached to armies who are wounded or sick shall be respected and protected under all circumstances; they shall be treated with humanity and cared for, without distinction of nationality, by the belligerent in whose power they are.
A belligerent, however, when compelled to -cave wounded or sick in the hands of his adversary, shall leave with them, so far as military exigencies permit, a portion of the personnel and mntBrieE of his san.itary service to assist in caring for them (G.W.S., art. 1).
175. General rules of international law in respect of war applicable; special agreements.-Subject to the care that must be taken of them under the preceding article, the wounded and sick of an army who fall into the power of the other belligerent shall be prisoners of war, and the general rules of international law in respect to prisoners shall be applicable to them.
The belligerents shall remain free, however, to agree upon auch clauses to the benefit of the wounded and sick prisoners as they may deem of value over and above already existing obligations (G.W.S.,art. 2).
176. Search for and removal; punishment of marauders.-
a. Search for wounded and dead; local armistice.-After every engagement, the belligerent who remains in possession of the field of battle shall take measures to search for the wounded and the dead and to protect them from robbery and ill-treatment.
Whenever circumstances permit, a local armistice or cessa- tion of fire to enable the removal of wounded left between the lines shall be arranged (G.W.S., art. 3).
1’76-17’7 RULES OF LAND WARFARE
b. Pzcnish9:zent of ma~auders.-Robbery and mnltreatment of the mounded or dead on a battlefield are outrageous offenses against the laws of war. It is the duty of the commanders to see that such offenders, whether members of the armed forces or civilians, are promptly apprehennded and brought to trial before competent military tribunals. Like other sedoi~s offend- ers against the laws of war they may be sentencecl to death or wch other punishment as the trial tribunal may be legally authorized to impose. (See par. 357.)
977. Mutual exchange of information.-a. Death cel-L,ificlctes; co2lection an.d return, of perso?lal efrects; graves service.-Eel- ligerents shall mutually inform each other as soon as possible of the names of the wounded, sick, and dead collected or discovered by them, as well as all indications which may serve for th~iridentification.
They shall dram up and forward to each other death certifi- cates.
They shall collect and likewise send to each ~tller sl! nrlleIes of personal use found on the field of battie or oil the dead, especially one half 06 their identity tag, the other half re-maining attached to the body.
They shall see that a careful examination, medical if pos- sible, is made of the bodies of the dead prior to their interment or cremation, in order to verify their death, estshlish their identity, and furnish a report thereon.
They shall further see that the dead are honorably buried and that the graves are respected and may always be found again. Far this purpose, and at the outbreak of hostilities, they shall officizlly organize a graves service in order to render any lrster exhumation possible and to maice certain of the identity of bodies, whatever changes may be made in the ioca- tion or’ the graves.
Upon the termication of hostilities, they shall exchange lists of graves and of dead buried in their cemeteries and elsew-here
(G. ‘rV. So,art. 4).
b. I?zterpretcction.-Obviously, as to each beliigerent, the pro- visions of the foregoing article relate only to the wounded, sick, and dead of the other beiligerent or belligerents engaged, be-cause the duties of each belligerent concerning its own wounded, sick, aril dead are fixed by its own laws and regulatio~s.
RULES OF LAND WARFARE 178-181
178. Appeal to inhabitants to care for sick and wounded permitted.-Military authorities may appeal to the charitable zeal of the inhabitants to receive and, under the supervision of the former, to care for the wounded or sick of the armies, granting to persons responding to such appeal special protec- tion and certain facilities (G. W. S., art. 5).
SANITARY FORMATIONS AND ESTanLISHMENTE
179.
Mobile sanitary formations and fixed establishments of sanitary service to be respected and protected-Mobile sani-tary formations, i e., those which are intended to accompany armies in the field, and the fixed establishments belonging to the sanitary service shall be respected and protected by the belligerents (G.W. S., art. 6).
180.
When protection ceases.-TRe protection due to sanitary formations and establishments shall cease if they are used to commit acts injurious to the enemy (G. W.S., art. 7).
181.
Forfeiture of protection.-a. Acts permitted.-A sani-tary formation or establishment shall not be deprived of the protection accorded by article 6 (see per. 179) by the fact-
1.
That the personnel of a formation or establishment is armed and uses its arms in self-defense or in defense of its wounded and sick.
2.
TRat in the absence of armed hospital attendants the forrnati~r~
is guarded by an armed del.achment or by sentinels.
3.
That hand arms and munitions taken from the wounded and sick and not yet turned over to the proper service are found in the formation or establishment.
4.
That there is found in the formation or establishment personnel or ~nat&rielof the veterinary service which does not integrally belong to it (G. by. S, art. 8).
b.
Self-defense dej+rzed,.-Although the sanitary personnel may carry arms for self-defense, they shall not employ such arms against the legitimate enemy forces. These arms are for their Personal defense and for protection of the wounded and sick under their charge against marauders and the like.
c.
GUa~dsfor sanitary units protected.-Soldiers from other branches employed as orderlies or guards for sanitary unies are treated as sanitary personnel if they carry written orders d
181-183 RULES OF LAND WARFARE
competent authority showing such status and have not during such status acted as combatants.
d. Arms and am?nzlnitiontaken,from the wounded and sick.-As provided in substance by the foregoing article, the presence of such arms and ammunition in a sanitary formation or estab- lishment does not of itself alone forfeit the protection to be accorded sanitary units under this convention. However, such arms and ammunition should be turned in as soon as practicable, and, in any eve~t,are subject to confiscation.
PERSONNEL OF SANITARY FORXA’I’ISONB AND ESTABLISHMENTS
182. Respect and protection.-a. Privileges ol pcrscmae1.-The personnel charged exclusively with the removal, trans-portation, and treatment of the wounded and sick, as well as with the administration of sanitary formations and establish-ments, and the chaplains attached to armies, shall be respected and protected under all circumstances. If they fall into the hands of the enemy they shall not be treated as prisoners ~f war.
Military personnel which has received special instructions to be used when necessary as auxiliary attendants or litter bearers in the removal, transportation, and treatment of the wounded and sick, and bearing identification documents, shall benefit by the same regime as the permanent sanitary per- sonnel if captured while performing these functions (G.W.S.,
b. What is meant by respect aml protecticrn.-The respect and protection accorded personnel of certain categories by articles 6 (par. 179) and 91 (a above) mean that they must not knowingly
be attacked, fired upon, or unnecessarily prevented from dis- charging their proper functions. The accidental killing or wounding of such personnel, due to their presence among or proximity to combatant elements ahalllpl engaged, by fi’re directed at the latter, affords no just cause for complaint.
183. Personnel of voluntary societies; names of those au-thorized to be exchanged.-The personnel of volunteer aid societies duly recognized and authorized by their government, who may be employed in the same functions as the personnel contemplated in article 9, paragraph 1 (see par. 182a), shall be
4)). art.
RUlXY OF LAND WARFARE 183-186
assimilated to that personnel upon condition that the per- sonnel of the said societies shall be subject to military laws and regulations.
Each high contracting party shaII notify the other, either in time of peace or at the opening or during the progress of hostilities, and in any case before actual employment, the names of the societies which it has authorized to render assistance, under its responsibility, in the official sanitary service of its armies (G. W. S., art. 10).
184.
The American National Red Cross.-The American National Red Cross is, under the proclamation of the President, the only such volunteer society now authorized by this Govern- ment to render aid to its land and naval forces in time of waq and any other society desiring to render similar assistance can do so only through the American National Red Cross. Such portion of the society as may render aid to the land or naval forces will constitute a part of the sanitary service thereof. Their employment must be under the responsibility of the Government, and they must be assigned to duties in localities designated by competent military authority (AR 850-75).
185.
Volunteer societies of neutrals.-A recognized society of a neutral country may only lend the services of its sanitary personnel and formations to a belligerent with the prior con- sent of its own government and the authorities of such belligerent.
The belligerent who has accepted such assistance shall be required to notify the enemy before making any use thereof
(G. W. S., art. 11).
186. Personnel in power of enemy.-a. PersonneZ not to be detained; service may be used pending return.-The persons described in articles 9,10, and 11(see pars. 182a, 183,185)may not be detained after they have fallen into the power of the enemy.
Unless there is an agreement to the contrary, they shall be sent back to the belligerent to whose service they are attached as soon as a way is open for their return and military exi- gencies permit.
While waiting to be returned, they shall continue in the exercise of their functions under the direction of the enemy;
186-189 RULES OF LAND WAFKFARE
they shall be assigned preferably to the care of the wounded and sick of the belligerent to whose service they are attached.
At the time of their departure they may carry with then1 such eaects, instruments, arms, and means of trans2ort as belong to them (GeFVY8,art 12).
6. I?~terpretations.-Nothing in the foregoing article precludes reasonable measures to prevent such personnel, upon their re-turn to their own arolg, from carrying inforination of strategic or tactical value. Their movements and activities may be restricted as far as reasonably necessary to prevent their acquisition of such information, and if -1hey should become possessed thereof, their return to their own army may be de-layed until the information has ceased to be of substantial value.
187. Maintenance, quarters, pay, and allowances.-Belllig-erents shall assure to the persomd indicated in articles 9, 10, and 11 (see pars. 182, 183, la),who are in their power, the same maintenance and quarters, pay, and allowances as to the corresponding personnel in their own armies.
the outbreak sf hostilities the belligerents shall reach an understanding on the corresponding grades of their sanitary
(G.W.S., art. 13).
188. Captured mobile sanitary formations to retain mat6riel and personnel; niay be employed to care for sick and
wounded.-If mobile sanitary formations, whatever may be their nature, fall into the power of the enemy, they shall retain their mt&a’el, aheh means of transportation, and their conducting personnel.
The competent military authority, however, shdl have the right to employ them ir. caring for the wounded and sick; their return shall take place in accordance with the conditions
for the sanitary personnel and as far as possible at the same time (G.W.S., arte1Q.
189. Fixed sanitary establishments not to be diverted from thdr use, exceptio11.-Bnildhgs and mab&riel pertaining to fixed sanitary establishments of the army shall remain subject to the laws of war, but may not be diverted from their use 60 long as they are necessary for the wounded and sick.
If
;
j
,
I
However, conlmanders of troops engaged in operations may use them in case of urgent military necessity, if, before such use, the wounded and sick treated there have been provided for (G.W.S.,art. 15).
190. Buildings and mat6riel of aid societies to be regarded as private property; right of requisition.-The buildings of the aid societies admitted to the benefits of the convention shall be regarded as private property.
The mat6riel of these societies, isrespective of its location, shall likewise be regarded as private property.
The right of requisition recognized to belligerents by the laws and customs of war shall be exercised only in case of urgent necessity and after the wounded and sick have been provided for (G.W.S., art. 16).
SAN ITBRY TUNSPORTATION
191. Convoys of evacuation.-Vehicles equipped for sanitary evacuation traveling singly or in convoy shall be treated as mobile sanitary formations subject to the following special provisions:
A belligerent intercepting sanitary transportation vehicles, traveling either singly or in convoy, may, if required by mili- tary necessity, stop them and break up the convoy, taking charge in all cases of the care of the mounded and sick whom it contains. He may only utilize such vehicles in the sector wherein they were intercepted and exclusively for sanitary needs. When their local mission is at an end, these vehicles must be returned under the conditions stipulated in article
14. (See par. 188.)
Military personnel charged with transportation and pro- vided for this purpose with a regular order shall be returned under the conditions stipulated in article 12 (see par. 186) for sanitary personnel, and subject to the provisions of the last paragraph of article 18. (See par. 192.)
All means of transportation especially organized for evacua- tion purposes, as well as the nzat6riel for organizing them, attached to the sanitary service, shall be returned in con-formity with the provisions of chapter IV. (See pars. 1% 1s9,190.)
991-193 RDLEB OF LAND WARFARE
Military means of transportation, other than those belong- ing to the sanitary service, and their teams, may be captured. The civil personnel and all means of transportation obtained by requisition shall be subject to the general rules of interna-
tional law (G.W.S., art. 17).
102. Aircraft used as sanitary transportation-Aircraft used as a means of sanitary transportation shall enjoy the protec- tion of the Convention during such time as they are exclusively reserved for the evacuation of wounded and sickand for the transportation of sanitary personnel and mat6rieZ.
They shall be painted in white and shaU bear, conspicuously, the distinctive sign mentioned in article 19 (see par. 193) alongside of the national colors on their upper and lower surfaces.
Excepting with special and express permission, a flight over the firing line, as well as over the zone situated in front of the major medical collecting stations, and in general over any territory under the control of or occupied by the enemy shall be forbidden.
Sanitary aircraft qust comply with any summons to land.
In the case of a landing thus required or made accidentally upon territory occupied by the enemy, the wounded and sick, as well as the sanitary personnel and matgriel, including the aircraft, shall benefit by the provisions of the present Con-vention.
The pilot, mechanics, and wireless operators who have been captured shall be returned on condition of only being utilized in the sanitary service until the termination of hostilities
(G.WS., art. 18).
193. The Red Cross; emblem of sanitary service.-Out of respect to Switzerland the heraldic emblem of the Red Cross on a white ground, formed by the reversal of the Federal colors, is continued as the emblem and distinctive sign of the sanitary service of armies.
However, for countries which already use, as a distinctive sign, in place of the red cross, the red crescent, or the red lion and sun on a white field, these emblems shall likewise be
1
1
;
RULESOFLANDWARJ?ARE 993-196
recognized within the meaning of the present convention (G.W.S., art. 19).
194.
Emblem to appear on flags and materiel of sanitary service.-The emblem shall appear on flags and brassards, as well as upon all materiel, appertaining to the sanitary service, with the permission of the competent military authority (CAWS., art. 20).
195.
Brassards, protected personnel to wear; certificate of identity.-The personnel protected in virtue of the first para- graph of article 9 (see par. 182) and articles 10 and 11 (see pars. 183, 185) shall wear attached to the left arm a brassard bearing the distinctive sign, issued and stamped by a com-petent military authority.
The personnel indicated in article 9 (see par. I=), para-graphs 1 and 2, shall be furnished with proof of identity consisting either of an entry in their military handbook or a special document.
Persons contemplated in articles 10 and 11 (see pars. 183, 185) who do not wear military uniform shall be furnished by the competent military authority with a certificate of identity containing their photograph and attesting to their sanitary status.
Identification documents must be uniform and of the same type in each army. The sanitary personnel may in no case be deprived of their insignia: nor of their own identification papers. In case of loss they shall have the right to obtain duplicates
(G.W.S., art. 21).
196. The distinctive flag; where and how displayed.-The distinctive flag of the convention may only be displayed over the sanitary formations and establishments which the con-vention provides shall be respected, and with the consent of the military authorities. In fixed establishments it shall, and in mobile formations it may, be accompanied by the national flag of the belligerent to whose service the formation or establishment is attached.
Sanitary formations which have fallen into the power of the enemy, however, shall fly no other flag than that 0; the Con-vention as long as they continue in that situation-
196-198 RULES OF LAND WARFARE
The belligerents, insofar as military exigencies allow, shall Cake such measures as may be necessary to render the distinc- twe emblems m~terlcing sanitary fo-in~alions and establishments pIa;nly visible to the iland, air, and sea forces of the enemy, with a view to preventing the possibility of any aggressive action (G.W.S., art. 22).
197. Flags of sanitary formations of nentral countries.-The sanitary formations of neutral countries which, under the conditions set forth in article 11 (see pnr. 1% j , have been authorized to render their services, shall 5y pith the flag of the convent:,on, the national Blag of the bdligerent to which they are atiached.
They shall Irme tile riqht during such time as they are rendering sel vkc ;s :, Eef!;t.–~nt to fiv rheir own natio~aal flag also. The provisions of the second pzragraph of the preceding artic!e are applicable to ~hcra(G.?V.S,art. 23).
193. Red Cross emblem autinorizcd iil peace or war to desfg- Date mat&riel and perso-~nelprbtectcd by the eonvention.- ‘J’l2e emb’iezn of the Red Crass on a whits ground arid the words “Red Crass9’ or ‘%edcevce Cross” may only be used, whether in time of pes;ce or war, to protect or designate sailiiary formstions and establishments, the personnel and ma&&riclprotected by the conventior..
T1:e same shall arply vaith respect 19 the emble~ns mentfoaed in the secoraci pGrasragbof asaide “a (see par. 193). for such countries as use ther13~
raoreoyer, tho volunteer aid societies provided for under article 10 (see par. 183) stay, ia eonS3ri3ity with llaeir national IIegisiziticn, empicy the distinctive eniblem for their hnmani-tarian activities in time of peaee.
As 2n exce9.tional measire and witla the speci6c antho+fza-
1.-
.,,n of one of the national Red Cross sacicties (Bed Crescent, Ked Lion, arid Bun), the use of the emblem of th.e convention jsay be al’iowed in peace time to designate the location of relief stations reserved exclnsiveIy to giving free assistance to wonzded or sick (5;. W. S., art. 24).
I
i, 1
1
‘
.
RULES OF LBND WARFARE 199-202
199.
Duty of commanders in chief of belligerent armies to provide in detail for execution of the foregoing articles.-It shall be the duty of the commanders in chief of the belligerent armies to provide for the details of execution of the foregoing articles, as well as for unforeseen cases, in accordance with the instructions of their respective governments and conformably to the general principles of this convention (G.W.S., art. 26).
200.
Publication of provisions of Geneva convention-The high contracting parties shall take the necessary steps to acquaint their troops, and particularly the protected personnel, with the provisions of this convention, and to make them known to the people at large (G. I+’. S, art. 27).
201.
Investigation of violations.-At the request of a bel-ligerent, an investigation must be held, in such manner as shall be agreed upon by the interested parties, concerning any alleged violation of the convention; whenever such a violation is proved, the belligerents shall put an end to it and repress it as promptly as possible (G.W.S., art 30).
ESPIONAGE AND TKEASON
202. Spies.-a. GensmZ.-A pnrson can only 62 considered a spy when, acting clandestinely or on faise pretenses, he obtains or endeavors t~ obtain information in the zone of operations of a belligerent with the intention of communicating it to the hostile party.
Thus, soldiers not wearing a disguise who have penetrated into the zone of operations of the hostile army for the pnr- pose of obtaining information 2re not considered spies. Simi-larly, the following are not considered spies: Soldiers and civilians, carrying out their mission openly, intrusted with the delivery of dispatches intended either for their own army or for the enemy’s army. To this dass helong, likewise, persons sent in balloons for the purpose of carrying dispatches and,
202-204 RULES OF LAND WARFARE
generally, of maintaining communications between different parts of an army or a territory (H.R., art. 29).
b. American statutory definition.-The first paragraph of the foregoing Hague regulation has been in effect somewhat modi- fied, as far as American practice is concerned, by the subse- quently enacted eighty-second article of war (act June 4, 19W. ch. 11,art. 82; 41 Stat. 804), as follows:
Art. 82. Spies.-Any person who in time of war shall be found lurking or acting as a spy in or about any of the fortifi- cations, posts, quarters, or encampments of any of the armies of the United States, or elsewhere, shall be tried by a general court martial or by a military commission, and shall, on con-viction thereof, suffer death.
G. Eighty-second artdcle of war gouerws.–Insofar as H. R. 28 and the eighty-second article of mar are not in conflict with each other, they will be construed and applied together. Otherwise the Article of War governs American practice.
203.
Employment of spies lawful.-The foregoing H. R. 29 (par. 20%) and H. R. 24 (pal: 37) tacitly recognize the well-established right of belligerents to employ spies and other secret agents for obtaining information of the enemy. Resort to that practice involves no offense against international law. Spies are punished, not as violators of the laws of war, but to render that method of obtaining information as dangerous, difficult, and ineffective as possible for the enemy.
204.
Who included in definition.-The definition embodied in The Hague regulation (par. 20%) and that contained in the eighty-second article of war (par. 2026) both include persons of all classes, whether military or civilian, without regard to citizenship or sex. Both likewise apply only where the acts are committed in time of war. The Hague definition applies only where the information is obtained or sought “in the zone of operations,” while the statutory definition is not so limited. The latter, however, includes only persons “found lurking or acting as a spy in or about any of the fortications, posts, quar- ters, or encampments of any of the armies of the United States, or elsewhere,” and the phrase “or elsewhere,” as here employed, has been held not to justify trial by military tribunals of “per- sons charged with acts or offenses committed outside of the Eeld
RULFB OF LAND WARFARE 206206
of military operations or territory under martial law or other peculiarly military territory, except members of the military or naval forces or those immediately attached to the forces, such as camp followers.” (Ops. Atty. Gen. U. S., vol. 31, pp. 356,361). Persons charged with espionage committed in the United States, outside military jurisdiction, are nevertheless liable to trial and punishment by the civil courts under the espionage laws
(United States Code, title 50, ch. IV).
205. Treason.-a. Americm statutory deMiti0n.-Whosoever relieves or attempts to relieve the enemy with arms, ammuni- tion, supplies, money, or other thing, or knowingly harbors or protects or holds correspondence with or gives intelligence to the enemy, either directly or indirectly, shall suffer death or such punishment as a court-martial or military commission may direct (eighty-first article of war; act June 4, 1920, chap. 11, 41 Stat. 804).
b.
Imterpretatims.-As in the case of the eighty-second article of war, relating to spies (pars. ZWb, 204). it is believed that this statute, when subject to judicial interpretation, will be held to authorize the trial of civilians by military tribunals, only when the offense has been committed within territory under martial law or military government, or within the zone of mili- tary operations, or within a military reservation, post, or camp, or in a place otherwise especially subject to military jurisdiction. Cases occurring in the United States outside military juridic tion are triable by the civil courts under the espionage laws above mentioned (par. 204). In time of war, within territory under military control for any of the reasons above indicated, the rule is general in its application to persons of all classes, without regard to citizenship or military or civil status.
o.
lmtraterritoriaz force of the rule.-Although the eighty-first article of war, as an enactment of the Congress, technically ap plies of its own force only within teyitory of the United States and to persons subject to American militbry law elsewhere, it substantially embodies principles of the unwritten laws of war applicable to occupied enemy territory, and will be enforced by American troops occupying such territory.
206. War traitors.-Violators of the foregoing rule are called “war traitors.”
20’7-215 RlJIJ3S OF LAND WARFaRPl
207.
Subject giving information to own government.-If the citizen or subject of a country or place invaded or conquered gives information to his own government, from which he is separated by the hostile army, or to the army of his government, he is a war traitor.
208.
Guide to the enemy.-If a citizen of a hostile and in- vaded district voluntarily serves as a guide to the enemy, or offers to do so, he is deemed a war traitor.
209.
Punishment of spies.-The spy is punishable with death whether or not he succeeds in obtaining the information or in conveying it to the enemy.
210.
Punishment for treason.-The war traitor Is always severely punished. If his offense consists in betraying to the enemy anything concerning the condition, safety, operations, or plans of the troops holding or occupying the place or district, his punishment is death.
211.
Spy must be tried.-A spy taken in the act shall not be punished without previous trial (H. R., art. 30).
212.
Spy immune from punishment after joining his own army.-A spy who, after rejoining the army to which he be- longs, is subsequently captured by the enemy, is treated as a prisoner of war, and incurs no responsibility for his previous acts of espionage (8.R, art. 31).
213.
Immunity not applicable to treason-This immunity does not extend to persons guilty of treason who may be arrested at any place or any time within the jurisdiction; and it is not necessary for traitors to be caught in the act in order that they may be punished.
214.
Assisting espionage punishable.-Assisting or favoring espionage or treason and knowingly concealing a spy may be made the subject of charges; and such acts are by the customary laws of war equally punishable.
CHAPTER 7
INTERCOURSE BETWEEN BELLIGERENTS
215. Nonintercourse, the rule.-All intercourse between the territories occupied by belligerent armies, whether by traffic, by letter, by travel, or in any other way, ceases. This is the general rule to be observed without special proclamation.
BULEB OF LANDWARFARE 216-222
216.
Exceptions to rule.-Exceptions to this rule, whether by safeconduct, or permission to trade on a small or large scale, or by exchanging mails, or by travel from one territory into the other, can take place only according to agreement approved by the government or by the highest military authority. Contra-ventions of this rule are highly punishable.
217.
Good faith essential.-It is absolutely essential in all ponhostiie relations that the most scrupulous good faith shall be observed by both parties, and that no advantage not intended to be given by the adversary shall be taken.
218.~Ambassadors and diplomatic agents.-Ambassadors and other diplomatic agents of neutral powers, accredited to the enemy, may receive safe-conducts through the territories occu- pied by the belligerents, unless there are military reasons to the contrary, and unless they may reach the place of their destina- tion conveniently by another route. It implies no international affront if the safeconduct is declined. Such passes are usually given by the supreme authority of the State and not by the subordinate&
219.
Rules, where found.-These noahostile relations are usually comprised under the headings of parlementaires, flags of truce, armistices, capitulations, passports, safe-conducts, safe guards, and cartels.
220.
Definition of par1ementaires.-Parlementaires are agents employed by commanders of belligerent forces in the fleld, to go in person within the enemy lines, for the purpose of com- municating or negotiating openly and directly with the enemy commander.
221.
Inviolability of par1ementaire.-A person is regarded as a parlementaire who has been authorized by one of the bellig- erents to enter into communication with the other, and who advances bearing a white flag. He has a right to inviolability, as well as the trumpeter, bugler or drummer, the flag bearer, and interpreter who may accompany him (H.R., art. 32).
222.
Instruction of soldiers concerning par1ementaire.-All soldiers, of whatever grade, should be thoroughly acquainted with the qualifications and privileges accorded parlementaires, and with the proper method of receiving them when they present themselves.
283-228 RULES OF’ LAND WARFARE
223.
Signification of white flag.-The white flag, when used by troops, indicates a desire to communicate with the enemy. The hoisting of a white flag has no other signification in inter- national law. It may indicate that the party hoisting it desires to open communication with a view to an armistice or a sur-render. If hoisted in action by an individual soldier or a small party, it may signify merely the surrender of that soldier or party. It is essential, therefore, to determine with reasonable certainty that the flag is shown by actual authority of the enemy commander before basing important action upon that assumption.
224.
Fire during display of white flag.-The enemy is not required to cease firing when a white flag is raised. To indicate that the hoisting is authorized by its commander, the appearance of the flag sholild be accompanied or followed promptly by a complete cessation of fire from that side. The commander au- thorizing the hoisting of the flag should also promptly send a parlementaire.
225.
Fire not to be directed on the par1ementaire.-The fire should not be intentionally directed on the person carrying the flag or upon those with him; if, however, the parlementaire or those near him present themselves during an engagement and are killed or wounded, it furnishes no ground for com-plaint. It is the duty of the parlementaire to select a propitious moment for displaying his flag, such as during the intervals of active operations, and to avoid the dangerous zone by making a detour.
226.
Credentials of par1ementaire.-The parlementaire, in addition to presenting himself under cover of a white flag, must be duly authorized in a written instrument signed by the com- mander of the forces.
227.
No communication at night.-No provision is made for opening communication with an enemy during the hours of darkness when a white flag cannot be seen. An attempt to send a parlementaire at night is very dangerous, and at best uncertain.
228.
Reception of par1ementaire.-The commander to whom a parlementaire is sent is not obliged to receive him under all circumstances. He may take all the necessary steps to pre- vent the parlementaire from taking advantage of his mission to
RULES OF LAND WAFWARE 228-231
obtain information. In case of abuse, he has the right to detain the envoy temporarily (H.R., art. 33).
229.
May prescribe formalities.-The commander may declare the formalities and conditions upon which he will receive a parlementaire and fix the hour and place at which he must appear. The present rule is that a belligerent may not decIare beforehand, even for a specified period–except in case of re-prisal for abuses of the flag of trucethat he will not receive parlementaires. An unnecessary repetition of visits need not be allowed.
230.
Who may accompany the par1ementaire.-Only three persons are authorized to accompany the parlementaire. These, under the rule, are entitled to the same immunity. In case he is to have more than these, authority for the same should be previously obtained. He may be accompanied by a Iess num- ber, and may even go alone with the flag of truce. It is advisable to have at least a trumpeter, bugler, or drummer with him in order more readily and surely to make known his status, thereby avoiding danger as much as possible.
231.
Formalities in the reception of par1ernentaires.-a. The parlementaire, with necessary authorization and with his duly authorized attendants, should approach the enemy’s outpost or lines at a slow pace. When he arrives near enough to be recog- nized-that is, seen and heard-he causes his trumpet or bugle to be sounded or drum to be beaten and his flag to be waved.
b.
He then advances at a slow pace toward the line, carefully obeying all instructions signaled or given him by any party of the enemy sent out to meet or conduct him.
o.
He will then proceed to the point and by the route desig- nated for receiving him. He may be furnished an escort for this by the enemy.
d.
On arriving at the post of admittance the bearer and his escort dismount, and, leaving the escort at a convenient dis- tance in rear, he proceeds on foot to the commander or senior officer of the post and states his mission.
e.
The escort should not attempt to enter the lines with the parlementaire, and must obey a11 instructions or signals given then!.
1. Marked courtesy must be observed on both sides. Conver-sation should be prudent and not touch upon the military opera.
63
1
/
I
I
231-234 RULES OF LAND WARFARE
tions. Great care will be exercised not to ask for nor to impart information.
g.
The parlementaire will be treated with all the honors due to his rank and station and furnished an escort or guard in case of necessity.
h.
A parlementaire cannot of strict right claim to pass the outpost, nor can he demand to be conducted into the presence of the commanding officer. His message, if written, may be transmitted to the commanding officer; if verbal, he may be required to reduce it to writing or deliver it orally to such per- son as may be designated to receive it. If he is sent to the rear for any reason whatever, he should be blindfolded and sent ‘by a circuitous route.
i.
In cases where resort is had to a decision from higher au- thority, the parlementaire must wait until same is returned.
j.
The parlementaire will be permitted to retire and return with the same formalities and precautions as upon arrival.
232.
Detention of par1ementaire.-In addition to right of de- tention for abuse of his position, a parlementaire may be de- tained in case he has seen anything or obtained knowledge which may be detrimental to the enemy, or if his departure should reveal information of the movement of troops. He should be detained only so long as circumstances imperatively demand, and information should be sent at once to his commander as to such detention, as well as of any other action taken against him or against his party.
233.
Inviolability, loss of.-The parlementaire loses his right of inviolability if it is proved in a clear and incontestable manner that he lias taken advantage of his privileged position to provoke or commit an act of treachery (RB.,art. 34).
234.
Abuse of flag of truce.-It constitutes an abuse of the flag of truce, forbidden as an improper use under H.R.,article 23 (f) (see par. 411,for an enemy not to halt and cease firing while the parlementaire sent by him is advancing and being received by the other party; likewise, if the flag of truce is made use of for the purpose of inducing the enemy to believe that a parlementaire is going to be sent when no such intention exists. It is also an abuse of a flag of truce to carry out operations ucder the protection accorded by the enemy to i:
RULES OF LAND WARFARE 234-238
and those accompanying it. An abuse of a flag of truce may authorize a resort to reprisals. (See par. 358.)
CHAPTER 8
MILITARY PASSPORTS, SAFE-CONDUCTS, SAPE-
GUARDS, AND CARTELS
235.
Military passport.-A military passport is a document lssued by order of a commander of belligerent forces, authoriz- ing a person or persons named therein, residing or sojourning within terrdtoqi occupied by such forces, to travel unmolested within such territory, with or without permission to pass, or to pass and return, by designated routes, through the lines, subject to such further conditions and limitations as the com- mander may prescribe.
236.
Safe-conduct for persons.-Documents like passports, issued by the same authority and for similar purposes, to persons residing or sojourning outside of the occupied areas, who desire to enter and remain within or pass through such areas, are called safe-conducts.
237.
Safe-conduct for goods.-Similar documents, issued by the same authority, to persons residing within or without the occupied areas, to permit them to carry specified goods to or from designated places within those areas, and to engage in trade otherwise forbidden by the general rule of nonintercourse, are also called safe-conducts. (See also par. 240.)
238.
Passports and safe-conducts; use of terms; forms; transferability.-The difference between military passports and safe-conducts as to persons has not heretofore been clearly debed, the two terms having been employed more or less indis- criminately. The distinctions above indicated are based upon analogous customs with relation to civil passports and are adopted in the present text to avoid further confusion in this respect. Printed forms for these documents will be supplied in time of war by The Adjutant General. Passports and safe- conducts as to persons are individual and nontransferable. A safe-conduct for goods, although restricted to the articles therein designated, may be carried by any agent of the person or firm to which it is issued, who is designated by that person
238-243 RULES OF LAND WARFARE
or Erm by written indorsement upon the document to accom- pany the goods, unless the person to accompany the goods is named in the document. In the latter event the document will be honored only in the hands of the person so named. When passports and safe-conducts are granted by arrangement with the enemy, or with a neutral power, they must be issued and l\onored precisely according to the terms of the arrangement.
239.
Passports and safe-conducts; revocation and lapse.-by passport or safe-conduct may be revoked by the commander issuing it, or by his superiors, for reasons of military expedi- ency, but, until revoked, it is binding upon the grantor and his successors. When a time is specified in the document, it is valid only during such time. These documents should not be revoked for the purpose of sec~lring the persons of the holders, who should be given time to withdraw in safety. In case of violation of their terms the privilege will be withdrawn and the case investigated.
240.
Licenses to trade.-Safe-conducts for goods in which the grantee is given a continuing right for a prescribed period, or until further orders, to engage in the specMed trade, are sometimes called licenses to trade.
241.
Safeguard.-A safeguard is a detachment of soldiers posted or detailed by a commander of troops for the purpose of protecting some person or persons, or a particular village, building, or other property. The term “safeguard” is also used to designate a written order by a commander of belligerent forces for the protection of an enemy subject or enemy property. It is usually directed to the succeeding commander requesting the grant of protection for such individuals or property. Writ-ten safeguards may be delivered to the parties whose persons or property are to be protected, or they may be posted on the property. The violation of a safeguard is a grave offense against the laws of war. (See A. W. 7%)
242.
Inviolability of soldiers as safeguards.-Soldiers on duty as safeguards are guaranteed against the application of the laws of war, and it is customary to send them back to their army when the locality is occupied by the enemy, together with their baggage and arms, as soon as military exigencies permit.
243.
Cartels.–In the customary military sense a cartel is an agreement entered into by belligerents for the exchange of
RULES OF LAND WARFARE 243-247
prisoners of war. In its broader sense it is a convention con- cluded between belligerents for the purpose of arranging or regulating certain kinds of nonhostile intercourse otherwise prohibited by reason of the existence of the war. Both parties to a cartel are in honor bound to observe its provisions with the most scrupulous care, but it is voidable by either party upon definite proof that it has been intentionally violated in an important particular by the other party.
CHAPTER 9
CAPITULATIONS AND AEKISTICES
CAPITULATIONS
244.
Definition.-A capitulation is an agreement entered into between commanders of belligerent forces for the surrender of a body of troops, a fortress, or other defended locality, or of a district of the theater of operations.
245.
Military honor in.-Capitulations agreed upon between the contracting parties must take into account the rules of military honor.
Once ~ettled, they must be scrupulously observed by both parties (HA., art. 36).
246.
Powers of commanders.-Subject to the limitations here- inafter indicated, the commander of a fort or place, or the commander in chiel of an army, is presumed to be duly author- ized to enter into cspitulations. if he capitulates unnecessarily and shamefully, or in violation of orders from higher authority, he is liable to trial and punishment by his own government (see
A.W. 75), but the validity of the capitulation remains unim~ paired. His powers are not presumed to extend beyond the forces and territory under his own command. He is not pre- sumed to possess power to bind his government to a perma-nent cession of the place or places under his command, or to any surrender of sovereignty over territory, or to any cessation of hostilities in a district beyond his command, or generally to make or agree to terms of a political nature, or such as will take effect after the termination of hostilities.
247. Forms of capitulations.-There is no specified form for capitulations. They mar be concluded either orally or in writ-
247-248 RULES OF LAND WARFARE
ing, but in order to avoid disputes which may arise as to the terms thereof, it is best, whenever possible, that they be re- duced to writing. The convention should contain in precise terms every condition to be observed on either side, excepting such conditions as are clearly imposed by the laws of war. Details of time and procedure should be prescribed in the most exact and unequivocal language. Even in case of an uncon- ditional surrender following an assault, when the terms are practically dictated by the victor, they should nevertheless be embodied in a written capitulation as soon as practicable.
248. Subjects usually regulated.-In the terms of capitula-tion the following subjects are usually determined:
a.
Cessation of hostilities.-If hostilities have not already been suspended, the date, hour, and minute when they are to cease should be specified.
b.
The fate of the firrison, inczuding those persons who may have assisted them.-It is usually agreed that these are to be- come prisoners of war. In that event, if both belligerents are parties to the Geneva convention of 1929 (ch. 4), concerning the treatment of prisoners of war, little or nothing more on that subject need be included in the capitulation. However, special circumstances, such as the bravery of the defense, the strategic or tactical importance of immediate occupation of the place or area to be surrendered, the probable losses that would be involved in forcing an unconditional surrender, inability of the victor to guard, evacuate, and maintain so many as prison- ers of war, or other considerations, may justify the victorious commander in agreeing to allow the defeated force simply to evacuate, or to march out with the “honors of war,” or to dis- perse after disarming and giving paroles, providing in the latter case the laws of their country do not forbid, and they are willing to give paroles.
c.
The disarming of the place and of the defenders.-The officers are sometimes allowed to retain their side arms besides the articles which they are entitled to keep under (G.P. W., art 6), paragraph 79.
d.
The turning over of the arms and matdriel, and, in, a proper case, the locating op the mine defenses, etc.
e.
The evacuation of and taking possession of the surrendered glace.-The provisions relative to the withdrawal of the de-
RmS OF LAND WABFARE 248-254
fenders and the entering into possession of the besiegers are . bed in advance with absolute precision, according to the cir-cumstances of each case. Commissions may be named for the delivery and taking possession, respectively.
f’. Provisions relative to the medical personnel, sick, and wounded. g! Prwisions for taking over the civil government and Drop- erty of the place, with regard to the peaceable population.
h. 8tipulations with regard to the immediate handing over to the victor of certain forts or places, or other similar provisions, as a pledge for the fulfillment of the capitulation.
249.
Damage or destruction of property prohibited after capitulation-From the moment of the signing of a capitula-tion, the capitulator has no right to demolish, destroy, or injure the works, arms, stores, or ammunition in his possession during the time which elapses between the signing and the execution of the capitulation, unless otherwise stipulated in same.
250.
Denunciation of capitulation.-A capitulation can be denounced and hostilities immediately resumed for failure to execute any clause which has been agreed upon or in case it was obtained through a breach of faith.
ARMISTICES
251.
Definition.-An armistice is the cessation of active hos- tilities for a period agreed on between belligerents. It should, if possible, be agreed upon in writing and duly ratified by the highest authorities of the contending parties.
252.
Effect of armistice.-An armistice suspends military op- erations by mutual agreement between the belligerent parties. If its duration is not defined, the belligerent parties may re- sume operations at any time, provided always that the enemy is warned within the time agreed upon, in accordance with the terms of the armistice (H.R.,art. 36).
253.
Nature of armistice.-An armistice is not a partial or a temporary peace; it is only the suspension of military opera- tions to the extent agreed upon by the parties.
254.
When binding.-An armistice is binding upon the bel- ligerents from the time of the agreed commencement, but the
254-261 RULES OF LAND WARFARE
officers of the armies are responsible only Prom the time when they receive official information of its existence.
255.
Importance of fixing time.-In all armistices it is of the utmost importance that the exact moment for the commence- ment and for the termination of same shall be fixed in the terms thereof beyond any possibility of mistake or miscon-ception.
256.
Activities authorized during an armistice.-An armis-tice need not in terms prohibit actual hostilities. Anything else may be done during an armistice that is not in express terms prohibited by the agreement.
257.
Form of armistice.-No special form for an armistice is prescribed. It should, if possible, be reduced to writing, in order to avoid misunderstandings and for purposes of reference should differences of opinion arise. It should be drafted with the greatest precision and with absolute clearness.
258.
Kinds of armistice.-An armistice may be general or local. The first suspends the military operations of the bellig- erent States everywhere; the second only between certain fractions of the belligerent armies and within a fixed radius (H.R., art. 37).
259.
General armistices.-General armistices are of a com-bined political and military character. They usually precede the negotiations for peace, but may be concluded for other purposes. Due to its political importance, a general armistice is concluded by the governments concerned or by their com-manders in chief, and is subject to ratification by the govern- ments in every case. General armistices are frequently ar-ranged by diplomatic representatives.
260.
Low1 armistice.-A local armistice suspends operations between certain portions of the belligerent forces, or within a designated district of the theater of operations. A local armistice may be concluded by the military forces only, or by the naval forces only, or between a less number than all of the belligerents at war.
261.
Suspension of arms.-A suspension of arms Is a form of armistice concluded between commanders of armies, or even of detachments, for some local military purpose; such as to bury the dead, to collect the wounded, to arrange for exchange
RULES OF LAND WBRFARE 861-265
of prisoners, to enable a commander to communicate with his government or superior officer.
262.
Notification of armistice.-An armistice must be noti- fied officially and in good time to the competent authorities and to the troops. Hostilities are suspended immediately after the notification, or at the time fixed (R.R., art. 38).
263.
Intercourse in theater of operations.-It rests with the contracting parties to settle, in the terms of the armistice, what intercourse may be held in the theater of war with and between the populations (HA., art. 39). /
264.
Rule in absence of stipulation.-If nothing is stipu- lated, the intercourse remains suspended, as during actual hostilities.
265.
What stipulations an armistice should contain.-Stipu- lations covering the following matters should be incorporated in an armistice :
a.
Precise date, day, and hour op the commencement of the mistice.-These may be different in different parts of the army.
b.
Duration op the adstice.-The duration may be for a definite or indefinite period. In case it is indefinite, a bellig-erent may resume operations at any time after due notice given. If a terin is Exed and no agreement has been made for prolong-
ing it, hostilities may be resumed without notice at the expira- tion of the term in the absence of positive agreement to the contrary. An armistice commences, in the absence of express mention to the contrary, at the moment it is signed.
c.
Principal lines and all other marks or signs necessary to determine the locations of the belligerent troops.-For this pur- pose maps with the lines indicated thereon may be attached to and made part of the convention. Provision may be included for a neutraI zone between the two armies. It is usually agreed that these Iines are not to be crossed or the neutral zone entered except by parlementaires or other parties by special agreement for specified purposes, such as to bury the dead and collect the wounded.
d.
Relation of the amies with the people.-If it is desired to make any change during the armistice in the relations between the opposing forces and the peaceable inhabitants, this must be
265-269 RULES OF LAND WARFARE
accomplished by express provision. Otherwise these relations remain unchanged, each belligerent continuing to exercise the same rights as before, including the right to prevent or control all intercourse between the inhabitants within his lines and persons within the enemy lines.
e. Acts to be prohibited during the armistice.-In the absence of stipulations to the contrary, each belligerent is authorized to make movements of troops within his own lines, to receive and instruct recruits, to construct intrenchments, to repair bridges, to establis-h new batteries, and, in general, to take advantage of the time and means at his disposal to prepare for resuming hostilitiei This includes the right to continue espionage, but does not include the right to introduce supplies into a besieged fortress unless specially stipulated in the agreement.
266.
Denunciation of armistice.–Any serious violation of the armistice by one of the parties gives the other party the right of denouncing it, and even, in cases of urgency, of recom- mencing hostilities immediately (H.R., art. 40).
267.
Denunciation must not involve perfidy.-An armistice, like other formal agreements between belligerents, engages the honor of both parties for the exact and complete fulfillment of every obligation thereby imposed. It would be an outrageous act of perfidy for either party, without warning, to resume hostilities during the period of an armistice, with or without a formal denunciation thereof, except in case of urgency and upon convincing proof of intentional and serious violation of its terms by the other party. Nevertheless, under the article last above quoted, upon definite proof of such a violation of the armistice, if the delay incident to formal denunciation and warning seems likely to give the violator a substantial advantage of any kind, the other party is free to resume hostilities without warning and with or without a formal denunciztion.
268.
Armistice no excuse for lack of wance.-The exist-ence of an armistice does not warrant relaxation of vigilance in the service of security and protection, or in the preparedness of troops for action, or exposing positions to the enemy.
269.
Violations by individuals.-A violation of the terms of the armistice by private individuals acting on their own initia- tive only entitles the injured party to demand punishment of
RDLES OF LAND WARFBRE 269-273
the offenders or, if necessary, compensation for the losses sustained (H.R.,art. 41).
“Private individuals,” as employed in the foregoing article, is understood to mean persons within the enemy lines other than members of the armed forces.
270. Soldiers captured while violating armistice.-Enemy soldiers captured in the act of breaking an armistice are treated by the captor as prisoners of war. If acting upon their own initiative alone, they may be tried and punished for the offense, but not otherwise. Subordinate officers who, upon their own initiative, order soldiers to commit acts in violation of an armistice, if captured by the offended party, are also liable to trial and punishment. Such acts by individual soldiers or subordinate officers do not justify denunciation of the armistice unless they are proved to have been committed with the knowl- edge and actual or tacit consent of their own government or commander ,in chief, which may, however, be inferred in event of a persistent failure to punish such offenders.
MILITARY OCCUPATION AND GOVERNMENT OF ENEMY TERRITORY
(This chapter deals primarily with the legality of military govern-ment. FM 27-5 deals with its policy and administration.)
271. Military occupation.-Territory is considered occupied when it is actually placed under the authority of the hostile army.
The occupation extends only to the territory where such authority has been established and can be exercised (H.R., art. 42).
272.
Occupation, question of fact.-Military occupation is a question of fact. It presupposes a hostile invasion as a result of which the invader has rendered the invaded govern- ment incapable of publicly exercising its authority, and that the invader is in position to substitute and has substituted his own authority for that of the legitimate government in the territory invaded.
273.
Does not transfer sovereignty.-Being an incident of war, military occupation confers upon the invading force the
273-276 RULES OF LAND WARFARE
right to exercise control for the period of occupation. It does not transfer the sovereignty to the occupant, but simply the authority or power to exercise some of the rights of sovereignfy. The exercise of these rights results from the established power of the occupant and from the necessity for maintaining law and order, indispensable to both the inhabitants and to the occupy- ing force.
274.
Distinguished from invasion.-The state of invasion corresponds with the period of resistance. Invasion is not necessarily occupation, although it precedes it and may fre- quently coincide with it. An invader may push rapidly through n large portion of enemy country without establishing that effec- tive control which is essential to the status of occupation. He may send small raiding parties or flying columns, reconnoitering detachments, etc., into or through a district where they may be temporarily located and exercise control, yet when they pass on it cannot be said that such district is under his military occupation.
275.
Ijistinguished from subjugation or conquest.-Military occupation in a foreign war, being based upon the fact of pos- session of enemu territory, necessarily implies that the sov-ereignty of the occupied territory is not vested in the occupying power. The occupation is essentially provisional.
On the other hand subjugation or conquest implies a transfer of sovereignty. Ordinarily, however, such transfer is effected by a treaty of peace. When sovereignty passes, military occu- pation, as such, must of course cease; although the territory may, and usually does for a period at least, continue to be gov- erned through military agencies which have such powers as the President or Congress may prescribe.
276.
Occupation must be effective.–It follows from the defi- nition that military occupation must be both actual and effective ;that is, the organized resistance must have been over- come and the forces in possession must have taken measures to establish law and order. It is suflicient that the occupying army can, within a reasonable time, send detachments of troops to make its authority felt within the occupied district. It is immaterial by what methods the authority is exercised, whether by fixed garrisons or flying columns, small or large forces.
RmS OF LAND WARFARE 277-282
277.
Presence of invested fort immaterial.-The existence of a fort or defended area within the occupied district, pro- vided such place is invested, does not render the occupation of the remainder of the district ineffective, nor is the consent of the inhabitants in any manner essentiaL
278.
Proclamation of occupation.-In a strict legal sense no proclamation of military occupation is necessary. On ac- count of the special relations established between the inhabi- tants of the occupied territory and the occupant by virtue of the presence of the invading force, the fact of military occupation, with the extent of territory affected, should be made known. The practice of this Government is to make this fact known by proclamation.
279.
Commencement of occupation.-In the absence of a proclamation or similar notice the exact time of commencement of occupation may be difficult to fix. The presence of a sufficient force to disarm the inhabitants or enforce submission and the cessation of local resistance due k the defeat of the enemy’s forces determine the commencement of occupation.
280.
Cessation of occupation.-Occupation once acquired must be maintained. In case the occupant evacuates the dis- trict or is driven out by the enemy, or by a Zede em masse, and the legitimate government actually resumes its functions, the occupation ceases. It does not cease, however, if the occupant, after establishing his authority, moves forward against the enemy, leaving a smaller force to administer the affairs of the district. Nor does the existence of a rebellion or the operations of guerrilla bands cause it to cease unless the legitimate govern- ment is reestablished or the occupant fails promptly to suppress such rebellion or guerrilla operations.
ADMINISTRATION OF OCCUPIED TERRITORY
281.
Necessity for military government.-Military govern-ment is the organization through which a belligerent exercises authority over the territory of the enemy invaded and occupied by him. The necessity for such government arises from the failure or inability of the legitimate government to exercise its functions on account of the military operations or occupation.
282.
Duty to restore law and order.-The authority of the legitimate power having in fact passed into the hands of the
282-288 RULES OF LAND WARFARE
occupant, the latter shall take all measures in his power to restore, and insure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country (H.R., art. 43).
283.
Functions of government.-All the functions of the hostile government-legislative, executive, or administrative- whether of a general, provincial, or local character, cease under military occupation, or continue only with the sanction, or, if deemed necessary, the participation of the occupier or invader.
284.
Nature of government.-It is immaterial whether the government established over an enemy’s territory be called a military or civil government. Its character is the same and the source of its authority is the same. It is a government imposed by force, and the legality of its acts is determined by the laws of war. During the military occupation it may exer- cise all the powers given by the laws of war.
285.
The laws in force.-The principal object of the occu- pant is to provide for the security of the invading army and to contribute to its support and efficiency and the success of its operations. In restoring public order and safety he will con- tinue in force the ordinary civil and criminal laws of the occu- pied territory which do not conflict with this object. These laws will be administered by the local officials as far as prac- ticable. All crimes not of a military nature and which do not affect the safety of the invading army are left to the jurisdic- tion of the local courts.
286.
Power to suspend and promulgate laws.-% military occupant may suspend existing laws and promulgate new ones when the exigencies of the military service demand such action.
287.
Nature of laws suspended.-The occupant will naturally alter or suspend all laws of a political nature as well as political privileges and all laws which affect the welfare and safety of hi command. Of this class are those relating to recruitment in occupied territory, the right of assembly, the right to bear arms, the right of suffrage, the freedom of the press, the right to quit or travel freely in occupied territory. Such suspensions should be made known to the inhabitants.
288.
Nature of laws promulgated.-An occupant may create new laws for the government of a country. He will promul-
RULEIS OFLAND WARFARE
gate such new laws and regulations as military necessity de- mands. In this class will be included those laws which come into being as a result of military rule; that is, those which establish new crimes and offenses incident to a state of war and are necessary for the control of the country and the protection of the army.
289.
Prohibition as to rights and rights of action.-It is espe-cially forbidden * * * to declare abolishedy suspended, or inadmissible in a court of law the rights and rights of action of the nationals of the hostile party (H.R., art. 23, last par.).
290.
General restrictions imposed; commercial relations.- The occupant has the unquestioned right to regulate commer- cia1 intercourse in the occupied territory; that is, he may pro- hibit entirely or place such restrictions and limitations upon such intercourse as he considers desirable for military purposes.
291.
Censorship of press and correspondence;-The military occupant may establish censorship of the press and of tele-graphic and postal correspondence. He may prohibit entirely the publication of newspapers or prescribe regulations for their publication and circulation especially in unoccupied portions of the territory and in neutral countries. He is not required to furnish facilities for postal service, but may take charge of them himself, especially if the officials of the occupied district fail to act or to obey his orders.
292.
Means of transportation.-The military occupant exer- . cises authority over all means of transportation, both public and private within the occupied district, and may seize and uti- lize them and regulate their operation.
293.
Regulation as to taxes.-If, in the territory occupied, the occupant collects the taxes, dues, and tolls imposed for the benefit of the state, he shall do so, as far as is possible, in accordance with the rules of assessment and incidence in force, and shall in consequence be bound to defray the expenses of the administration of the occupied territory to the same extent as the legitimate government was so bound (R.R, art. 48).
294.
When existing rules may be disregarded.-If, due to the flight or unwillingness of the local officials, it is impracticable to follow the rules of incidence and assessment in force, then the total amount of the taxes to be paid may be allotted among
894402 RDLES OF LAND WARFARE
ihe districts, towns, etc., and the local authorities be required to collect it as a capitation tax or otherwise.
295.
Surplus may be used.-The first charge upon the State taxes is for the cost of local maintenance. The balance may be used for the purposes of the occupant.
296.
What included in taxes, tolls, etc.-The words “for the benefit of the state” were inserted in the article to exclude local dues collected by local authorities. The occupant will supervise the expenditures of such revenue and prevent its hostile use.
EFFECTS OF OCCUPATION ON THE POPULATION
297.
Right to enforce obedience.-The occupant can demand and enforce from the inhabitants of occupied territory such obedience as may be necessary for the security of his forces, lor the maintenance of law and order, and the proper adminis- tration of the country.
298.
Oath of allegiance forbidden.-It is forbidden to compel the inhabitants of occupied territory to swear allegiance to the hostile power (H.R., art. 45).
299.
Must respect persons, religious convictions, etc-Fam- ily honor and rights, the lives of persons, * * * as well as religious convictions and practice, must be respected (H.R., art. 46).
300.
Unitsd States rule.-The United States acknowledges and protects, in hostile countries occupied by them, religion and inorality ;the persons of inhabitants, especially those of women ; and the sacredness of domestic relations. Offenses to the contrary shall be rigorously punished.
301.
Reciprocal obligations of inhabitants.-In return for such considerate treatment, it is the duty of the inhabitants to carry on their ordinary peaceful pursuits; to behave in an absolutely peaceful manner; to take no part whatever in the hostilities carried on; to refrain from all injurious acts toward the troops or in respect to their operations; and to render strict obedience to the offldals of the occupant. As to neutrals resident in occupied territory, see paragraphs 397399.
302.
Limitation as to services of inhabitants.-* * * Serv-ices shall net be demanded from * * * inhabitants except for the needs of the army of occupation. They shall be * * *
‘ RULES OFLAND WARFARE 302-306
of such a nature as not to involve the inhabitants in the obli- gation of taking part in military operations against their own country.
Such * * * services shall only be demanded on the authority of the commander in the locality occupied * * *
(H.R.,art. 52).
303.
General right to requisition services.-Services of the inhabitants of occupied territory may be requisitioned for the needs of the army. These will include the services of profes- sional men, and tradesmen, such as surgeons, carpenters, butch- ers, bakers, etc.; employees of gas, electric light, and water works, and other public utilities; and of sanitary boards in connection with their ordinary functions. The orncials and employees of railways, canals, river or coastwise steamship companies, telegraph, telephone, postal, and similar services, and drivers of transport, whether employed by the State or private companies, may be requisitioned to perform their pro- fessional duties so long as the duties required do not directly concern the operations of war against their own country.
304.
Restoration of general conditions.-The occupant can requisition labor to restore the general condition of the public works of the country to that of peace; that is, to repair roads, bridges, railways, and as well to bury the dead and collect the wounded. In short, under the rules of obedience, they may be called upon to perform such work as may be necessary for the ordinary purposes of government, including police and sanitary worlr.
305.
Construction of forts by inhabitants, etc.-The prohibi-tion against forcing the inhabitants to take part in operations of war against their own country precludes requisitioning their services upon works directly promoting the ends of the war, such as construction of forts, fortifications, and entrenchments ; but there is no objection to their being employed voluntarily, for pay, in this class of work, except the military reason of preventing information concerning such work from falling into the hands of the enemy.
306.
Information about enemy by inhabitants.-A belliger-ent is forbidden to force the inhabitants of territory occupied by it to furnish information about the army of the other belligerent, or about its means of defense (H.R.,art. 44).
307412 RULES OF LAND WARFARE
307.
Interpretation of the foregoing article.-This article was reserved by Germany, Austria, Japan, Montenegro, and Russia, because it was believed that it would contravene the pre-existing general rule and practice of the nations permitting impressmenl; of guides.
308.
Impressment of guides.-Article 44 (par. 308) is gen- erally construed as prohibiting the impressment of guides from the inhabitants in an occupied territory. This is the construc- tion placed upon it by the United States. In a war against any power reserving the article the impressment of guides is not prohibited.
OFFICIALS IN OCCUPIED TERRITORY
309.
Oath of officials.-The occupant may require such offi- cials as are continued in their offices to take an oath to per- form their duties conscientiously and not to act to his prejudice. Every such official who declines to take such oath may be ex- pelled; but, whether they do so or not, they owe strict obedience to the occupant.
310.
Salaries of officials.-The salaries of civil officials of the hostile government who remain in the invaded territory and continue the work of their offices, especially those who can properly continue it under the circumstances arising out of the war-such as judges, administrative or police officers, officers of city or communal governments-are paid from the public revenues of the invaded territory, until the military government has reason wholly or partially to dispense with their services. Salaries or incomes connected with purely honorary titles are always suspended.
311.
Removal of civil officials.-By virtue of his powers of contcol the occupant is duly empowered to remove officials of every character. He will on principle remove political officials. Any official considered dangerous to the occupant may be removed, made a prisoner of war, or expelled from the occupied territory.
312.
Punishment of civil officials.-Acts of civil officers that are harmful or injurious to the occupant will be dealt with under the laws of war. Other wrongs or crimes committed by them will be punished according to the law of the land.
RnS OF LAND WARFARE 313-318
TREATMENT OF ENEMY PROPERTY
313.
Destruction and seizure of.-It is especially forbid-den * * * to destroy or seize the enemy’s property, unless such destruction or seizure be imperatively demanded by the necessities of war (H.R., art. 23, par. (g)).
314.
General rule as to war right to seize and destroy prop- erty.-The rule is that in war a belligerent may destroy or seize all property of whatever nature, public or private, hostile or neutral, unless such property is specifically protected by some definitive law of war, provided such destruction or seizure is imperatively demanded by the necessities of war.
PUBLIC PROPEBTY
315.
Real property of a State.-The occupying State shall be regarded as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belong- ing to the hostile State and situated in the occupied territory. It must safeguard the capital of these properties and adminis- ter them in accordance with the rules of usufruct (H.R., art. 55).
316.
Occupant’s disposition of such property.-The occupant does not have the absolute right of disposal or sale of enemy real property. As administrator or usufructuary he should not exercise his rights in such wasteful and negligent manner as seriously to impair its value. He may, however, lease or utilize public lands or buildings, sell the crops, cut and sell timber, and work the mines. A lease or contract should not extend beyond the conclusion of the war.
317.
State real property susceptible of direct military use.- Real property of a State which is of direct military use, such as forts, arsenals, dockyards, magazines, barracks, railways, canals, bridges, piers, and wharves, remains in the hands of the occupant until the close of the war, and may be destroyed or damaged, if deemed necessary, in military operations.
318.
Property of municipalities, etc-The property of mu-nicipalities, that of institutions dedicated to religion, charity, and education, the arts and sciences, even when State prop- erty, shall be treated as private property.
318334 RULES OFLAND WARFARE
All seizures of, destruction, or willful damage done to instid tutions of this character, historic monuments, works of art, science, is forbidden and should be made the subject of legal proceedings (H1,art. 56).
319.
Authorized treatment.4Ce property included in the foregoing rule may be utilized in case of necessity for quar- tering the troops, the sick and wounded, horses, stores, etc., and generally as prescribed for private property. Such property must, however, be secured against all avoidable injury, even when located in fortified places which are subject to seizure or bombardment
320.
Movable property-An army of occupation can only take possession of cash, funds, and realizable securities which are strictly the property of the State, depots of arms, means of transport, stores and supplies, and, generally, all movable property belonging to th,e State which may be used for mili- tary operations (H.R, art. 53, par. 1).
321.
Two classes of movable property.-All movable property belonging to the State directly susceptible of military use may be taken possession of as booty and utilized for the benefit of the invader’s government. Other movable property, not directly susceptible of military use, must be respected an8 cannot be appropriated.
322.
Property of unlrnown ownership treated as public prop- erty.-Where the ownershipr of property is unknown-that is, where there is any doubt as to whether it is public or private, as frequently happens-it should be treated as public property until ownership is definitely settled.
323.
Must be respected-Private property * * * must be respected (H.R., art. 46, par. I).
324.
Devastation–The measure of permissible devastation is found in the strict necessities of war. As an end in itself, as a separate measure of war, devastation is not sanctioned by the law of war. There must be some reasonably close connec- tion between the destruction of property and the overcoming of the enemy’s army. Thus. the rule requiring respect for private property is not violated through damage resulting from operations, movements, or combats of the army; that is, real
RULES OFLAND WARFARE 8W31
estate may be utilized for marches, camp sites, construction of trenches, etc. Buildings may be used for shelter for trows, the sick and wounded, for animals, for reconnaissance, cover de- fense, etc. Fences, woods, crops, buildings, etc., may be demolished, cut down, and removed to clear a field of flre, to construct bridges, to furnish fuel if imperatively needed for the army.
325.
American rule.-This rule (respect for private prop erty, et~) does not interfere with the right of the victorious invader to tax the people m their property, to levy forced loans, to billet soldiers, or to appropriate property, especially houses, boats or ships, and lands, for temporary and military use.
326.
Confiscation.-Private property cannot be confiscated (H.R., art. 46, par. 2).
327.
Booty.-All captures and booty belong, according to the modern law of war, primarily to the government of the captor.
Prize money whether on land or sea can now be claimed only under local law.
328.
Private gain by officers and soldiers prohibited.-Neither officers nor soldiers are allowed to make use of their position or power in the hostile country for private gain, not even for commercial transactions otherwise legitimate.
329.
Pillage.-Pillage is formally forbidden (H&., art. 47).
330.
Seizure and devastation of private property.-Private property can be seized only by way of military necessity for the mppmt or other benefit of the army or of the occupant. All destruction of property not commanded by the authorized officer, all pillage or sacking, even after taking a town or place by assault, are prohibited under the penalty of death or such other severe punishment as may seem adequate to the gravity of the offense.
331.
Private property susceptible of direct military use.-All appliances, whether on land, at sea, or in the air, adapted for the transmission of news, or for the transport of persons or
‘
things, exclusive of cases governed by naval law, depots of arms, and, generally, all kinds of ammunition of war, may be seized, even if they belong to private individuals, but must be restored and compensation fixed when peace is declared [H.R,art. 53, par. 2). .
332-337 RULES OF LAND WARFBRE
332.
What included in rule.-The fmegoing rule includes everything susceptible of direct military use, such as cables, telephone and telegraph plants, horses and other draft and riding animals, motors, bicycles, motorcycles, carts, wagons, carriages, railways, railway plants, tramways, ships in port, all manner of craft in canals and rivers, balloons, airships, air- planes, depots of arms, whether military or sporting, and in general all kinds of war material.
333.
Destruction of such property.-The destruction of the foregoing property and all damage to the same is justifiable if it is required by the exigencies of the wat.
334.
Submarine cables.-Submarine cables connecting an oe- cupied territory with a neutral territory shall not be seized or destroyed except in the case of absolute necessity. They must likewise be restored and compensation fixed when peace is made (H.R., art. 54).
REQUIi31TIONS
‘/d”335. Requisitions.-Requisitions in kind and services shall not be demanded from municipalities or inhabitants except for the needs of the army of occupation. They shall be in propor- tion to the resources of the country, and of such a nature as not to involve the inhabitants in the obligation of taking part in military operations against their own country. Such requisitions and services shall only be demanded on the authority of the commander in the locality occupied. Contributions in kind shall as far as possible be paid for in cash; if not, a receipt shall be given and the payment of the amount due shall be made as soon as possible (Ha.,art. 52).
336.
What may be requisitioned.-Practically everything may be requisitioned under this article that is necessary for the maintenance of the army, such as fuel, food, forage, clothing, tobacco, printing presses, typb, leather, cloth, etc. Billeting of troops for quarters and subsistence is also authorized.
337.
Method of requisitioning.-Requisitions must be made under the authority of the commander in the locality. No prescribed method is iixed, but if practicable requisitions should be accomplished through the local authorities by systematic collection in bulk. They may be made direct by detachments
RULE23 OF LAND WARFARE 337-343
if local authorities fail for any reason. Billeting may be resorted to if deemed advisable.
338.
The amount taken.-The expression “needs of the army” was adopted rather than “necessities of the war” as more favorable to the inhabitants, but the commander is not thereby limited to the absolute needs of the troops actually present. The object was to avoid reducing the population to starvation.
339.
Fixing prices-The prices of articles requisitioned will be tked by agreement if possible, otherwise by military authority. The prices of commodities on sale may also be regulated and limits placed on the hours and places of trading. All authorities agree that it is good policy to pay cash if possible and to take up receipts as soon as possible.
340.
Method of enforcing.-If cash is paid, coercion will seldom be necessary. The coercive measures adopted will be limited to the amount and kind necessary to secure the articles requisitioned
CONTBIBUTIONS
341.
Contributions.-If, in addition to the taxes mentioned in the above article (art. 48 ;see par. 294), the occupant levies other ntoney contributions in the occupied territory, this shall only be for the needs of the army or of the administration of the territory in question (E.R., art. 49).
342.
Methods of levying contributions-No contribution shall be collected except under a written order and on the responsibility of a commander in chief.
The collection of the said contribution shall only be effected as far as possible in accordance with the rules of assessment and incidence of the taxes in force.
For every contribution a receipt shall be given to the con- tributor (H.R., art. 51).
343. Penalty for individual acts of inhabitants.-No general penalty, pecuniary or otherwise, shall be inflicted upon the population on account of acts of individuals for which they cannot be regarded as jointly and severally responsible (H.R., art. 50).
344-347 RULES OF LAND WARFARE
344. Above article does not prevent reprisals.-Reprisals by the occupant for violations of the laws of war or breach of the occupant’s proclamations or regulations by enemy individuals not belonging to the armed forces are not prohibited by the above article. (See par. 358.)
CHAPTER 11
PENALTIES FOR VIOLATIONS OF THE LAWS OF WAR
345.
Liability of offending belligerent.-A belligerent party which violates the provisions of the said regulations (H.R.) shall, if the case demands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part of its armed forces (H. IS.’, art. 3).
346.
Remedies of injured belligerent.-In the event of clearly established violation of the laws of war, the injured party may legally resort to such remedial action as may be deemed appropriate and necessary within the following classes, to wit:
a.
Publication of the facts, with a view to influencing public opinion against the offending belligerent.
b.
Protest and demand for punishment of individual offend- ers, sent to the offending belligerent through neutral diplomatic channels, or by parlementaire direct to the commander of the offending forces.
c.
Punishment of captured individual offenders.
d.
Reprisals.
347. Offenses by armed forces.-The principal offenses of this class are: Making use of poisoned and otherwise forbidden arms and ammunition; killing of the wounded; refusal of quarter ; treacherous request for quarter ; maltreatment of dead bodies on the battlefield; ill-treatment of prisoners of war; breach of parole by prisoners of war; firing on unde-fended localities; abuse of the flag of truce; firing on the flag of truce; misuse of the Red Cross flag and emblem and other violations of the Geneva Convention; use af civilian clothing by troops to conceal their military character during battle; bombardment of hospitals and other privileged buildings; im- proper use of privileged buildings for military purposes ;pdson-ing of wells and streams ;pillage and purposeless destruction ;
RUJiES OF LAND WARFARE 347-351′
348.
Hostilities committed by indiv forces.-Persons who take up arms and commit hostilities without having complied with the conditions prescribed by the laws of war for recognition as belligerents are, when captured by the injured party, liable to punishment as war criminals.
349.
War rebels.-War rebels are persons within territory under hostile military occupation who rise in arms against the occ.upying forces or against the authorities established by the same. If captured they may be punished with death, whether they rise singly or in small or large bands, whe6her or not they have been called upon to do so by their own expelled govern- ment, and, in event of conspiracy to rebel, whether or not such conspiracy shall have matured by overt act of hostility.
350.
War treason.-Ekamples of acts which, when committed by inhabitants of territory under hostile military occupation, are punishable by the occupying belligerent as treasonable under laws of war, are as follms: Espionage; supplying in-formation to the enemy; damage to railways, war material, telegraphs or other means of communication ;aiding prisoners of war to escape; conspiracy against the occupying forces or members thereof; intentional misleading of troops while acting as guides; voluntary assistance to the enemy by giving money or acting as guides; inducing soldiers of the occupying faces to act as spies for the enemy, to desert, or to surrender; brib- ing soldiers in the interest of the enemy; damage or alteration to military notices and signposts in the interest of the enemy; faling sources of water supply and concealing animals, vehi- cles, supplies, and fuel in the interest of the enemy ;knowingly aiding the advance or retirement of the enemy ;and circulating propaganda in the interests of the enemy.
351.
Unauthorized belligerents.-Men and bodies of men, who, without being lawful belligerents as defined in paragraph 9, nevertheless commit hostile acts of any kind, are not entitled to
351-356 RULES OF LAND WARFARE
the privileges nf combatants. If captured, they have no right to be treated as prisoners of war. They may not, however, after being captured, be summarily put to death or otherwise punished, but may be brought to trial before a military commission or other tribunal, which may sentence them to death or such other punishment as it may consider proper.
352.
Armed prowlers.-Armed prowlers, by whatever names they may be called, or persons of the enemy territory who steal within the lines of the hostile army for the purpose of robbing, killing, or of destroying bridges, roads, or canals, or of robbing or destroying the mail, or of cutting the telegraph wires, are not entitled to be treated as prisoners of war.
353.
Marauders.-Marauders are individuals, either ci~ilians or soldiers who have left their corps, who follow armies on the marah or appear on battlefields, either singly or in bands, in quest of booty, and who rob, maltreat, or murder stragglers or wounded, or pillage the dead. Their acts are considered atrocities, and the severest punishment is imposed after trial and conviction,
354.
Other crimes.-There are many other crimes or offenses incident to war, and which a belligerent may forbid and pun- ish, such, for example, as evasion of Censorship regulations; making false claims for damage; making false accusations against the troops; furnishing liquor to soldiers; being in pos-session of animals, stores, or supplies pertaining to the army; and, generally, neglect or disobedience of orders or regulations of a military government. All such offenses should be defined and the liability to punishment therefor made known to the inhabitant%
355.
Crimes punishable by penal codes–Crimes punishable by all penal codes, such as arson, murder, maiming, assaults, highway robbery, theft, burglary, fraud, forgery, and rape, if committed by an American soldier in a hostile country against its inhabitants, are not only punishable as at home, but a more severe punishment, if legally imposable, shall be preferred in cases in which the death penalty is not inflicted.
356.
Right of trial-No individual should be punished for an oftense against the laws of war unless pursuant to a sentence imposed after trial and cmviction by a military court or com-
RULE8 OF LAND WARFARE 356-358
mission or some other tribunal of competent jurisdiction desig- nated by the belligerent.
357.
War crimes subject to death penalty.-All war crimes are subject to the death penalty, although a lesser penalty may be imposed. The punishment should be deterrent, and in im-posing a sentence of imprisonment it is not necessary to take into consideration the end of the war, which does not neces-sarily limit the imprisonment to be imposed.
358.
Reprisals.-a. Defin.itim~.-Reprisals are acts of retalia- tion resorted to by one belligerent against the enemy indi- viduals or property for illegal acts of warfare committed by the other belligerent, for the purpose of enforcing future com- pliance with the recognized rules of civilized warfare.
b.
When and how employed.-Reprisals are never adopted merely for revenge, but only as an unavoidable last resort to induce the enemy to desist from illegitimate practices. They should never be employed by individual soldiers except by di- rect orders of a commander, and the latter should give such orders only after careful inquiry into the alleged ofeense. The highest accessible military authority should be consulted unless immediate action is demanded as a matter of military necessity, but in the latter event a subordinate commander may order appropriate reprisals upon his own initiative. Hasty or ill-considered action may subsequently be found to have been wholly unjusmed, subject the responsible officer himself to punishment as for a violation of the laws of war, and seriously damage his cause. On the other hand, commanding officers must assume responsibility for retaIiative measures when an unscrupulous enemy leaves no other recourse against the repetition of barbarous outrages.
c.
Who-may commit aats justifging reprisals.-Illegal acts of warfare justifying reprisals may be committed by a govern-ment, by its military commanders, or by a community or individuals thereof, whom it is impossible to apprehend, try, and punish.
d.
Kubjects of reprisals.-The offending forces or populations generally may lawfully be subjected to appropriate reprisals. Hostages taken and held for the declared purpose of insuring against unlawful acts by the enemy forces or people may be punished or put to death if the unlawful acts are nevertheless
89
858-361 RULES OF LAND WARFARE
committed. Reprisals against prisoners oP war are express12 forbidden by the Geneva convention of 1929. (See par. In.)
e.
Pmm of reprisaZ.-The acts resorted to by way of reprisd need not conform to those complained d by the injured party, but should not be excessive or exceed the degree of violence committed by the enemy. Villages or houses, etc., may be burned for acts of hostility co,mmitted from them, where the guilty individuals cannot be identified, tried, and punished. Collective punishments may be inflicted either in the form of fines or otherwise.
f.
Procedzcre.-The rule requiring careful inquiry into the real occurrence will always be followed unless the safety of the troops requires immediate drastic action and the persons who actually committed the offense cannot be ascertained.
359. Hostages.-Hostages have been taken in war for the following purposes: To insure proper treatment of wounded and sick when left behind in hostile localities; td protect the lives of prisoners who have fallen into hands of irregular troops or whose lives have been threatened; to protect lines of com-munication by placing them on engines af trains in occupied territory ; and to insure compliance with requisitions, contribu- tions, etc. When a hostage is accepted he is treated as a prisoner of war.
CHAPTER 18
360.
Definition-Neutrality on the part of a state not a party to the war consists in refraining from all participatim in thf: war, and in exercising absolute impartiality in preventing, tolerating, and regulating certain acts on its own part by its subjects and by the belligerents. It is the duty of belligerents to respect the territory and rights of the neutral states.
361.
Notification of state of war and effect upon neutrals.- The existence of a state of war must be notified to the neutral power without delay, and shall not take effect with regard to them until after the receipt of a notification, which may, how- ever, be given by telegraph Neutral powers, nevertheless, cannot rely on the absence of notification if it is elearly established that they were in fact aware of the existence of a Istate of war (H. 111, art. 2).
90
RULES OF LAND WARFARE 362-369
362.
Inviolability of territory.-The territory of neutral powers is inviolable (H.V,art. I).
363.
Movements of troops and convoys of supplies.-Bellig- erents are forbidden to move troops or convoys of either munitions of war or supplies across the territory of a neutral power fH. V7art. 2).
364.
Neutral can resist violations of neutrality by force.- The fact of a neutral power resisting, even by force, attempts to violate its neutrality cannot he regarded as a hostile act
(a.v,art. 10).
365.
Patrolling the frontier.-It is quite usual, frequently necessary, and therefore the duty of a neutral power whose territory is adjacent to a theater cff war to mobilize a portion of its forces to enforce its neutrality along the frontier; that is, to prevent troops of either belligerent from entering its territory, to intern such as may be permitted to enter, and generally to enforce its neutrality duties.
366.
Effect of failure to prevent violation of neutrality by belligerent troops.-Should the neutral state be unable, or fail for any reason, to prevent violations of its neutrality by the troops of one belligerent entering or passing through its terri- tory, the other belligerent may be justified in attacking the enemy forces on this territory.
367.
Convoys of munitions and supplies.-A distinction must be drawn between the oficial acts of the belligerent state in convoying or shipping munitions and supplies through neutral territory as part of an expedition and the shipment of such supplies commercially. The former is forbidden while the latter is not.
368.
Forming corps of combatants and recruiting forbid-
I den.-Corps of combatants cannot be formed nor recruiting agencies opened on the territory of a neutral power to assist the belligerents (H. V, art. 4).
369. What is prohibited.-The establishmrnt of recruiting agencies, the actual recruiting of men, the farmation and
i
organization of hostile expeditions on neutral territory, and the passage across its frontiers of organized bodies of men intending tc enlist are prohibited.
370-5’17 RCLES OF LAND WARFARE
370.
Personnel of voluntary aid ~ocic?ties.-This prohibiticn? docs not extend to thc mcclical person~lel and units of a recog nizeij voluntary aid society ciniy authorized to join one of tlic belligerents
371.
Responsibility as to individuals.-The responsibility of a neutral power is not engaged by the fact of individuals crossicg the frontier spearately to offer their services tu one of the belligerents (H. V, crt. 6).
372.
The test.-The prohibition in the two foregoing rules (see pars. 368 and 371) is directed against organized bodies which only require to be armed to become an immediate fight- ing force. Individuals crossing the frontier singly or in small bands that are unorgallized create no obligation o’n the neutral state.
373.
Nationals of beliigerent not Snc1aded.-Nationals of a belligerent state are permilled freely to leave neutral territory to join the armies of their country.
374.
Officers on active list.-Officers of the land forces of neutr~l powers on the active list sho+uld not be permitted to join a belligerent, and, haring joined s~xchbelligerent forces, shonlcl. be recalled.
375.
Neutral not bound to prevent shipment of supplies.- A neutral power is not called upon to prevent the export or transport, an behalf of one or other of the belligerents, of arms, munitions of war, or, in general, of anything which can be of use to an army or a fleet (a.V, art. 7).
376.
Obligations of neutral state as to supplies.-A neutral state, as such, is prohibited from furnishing supplies or muni- tions of war and from making loans to a belligerent. It is also forbidden to permit the use of its territory for the fitting out of hostile expeditions.
377.
Commercial transactions not prohibited.-Commercial transactions with belligerents by neutral companies, citizens, or persons resident in neutral territory are not prohibited; that is, a belligerent may purchase from neutral companies, citizens, or persons witlUn neutral territory supplies, muni-
RULES OF LAND WARFARE 377.-353
aeet, which can be exported or transported without involving the neutral state.
378.
Means of communication.-lb neutral power is r.ot called upon to forbid or restrict the use, on behalf of the belligerents, of telegraph or telephone cables or of wireless telegraph apparatus belonging to it or to companies or private individuals-(8.V, mt. 8).
379.
Neutral power not to assist one belligerent.- he liberty of a neutral state to transmit dispatches by means of its telegraph lines on land, its submarine cables, and wireless apparatus dues not imply the power to use them or permit their use to lend a manifest assistance to one of the bel- ligerents
380.
Impartiality.-Every measure of restriction or prohibi- tion taken by a neutral power in regard to the matters re- ferred to in articles 7 and 8 (see pars. 375, 378) must be impartially applied by it to both belligerents.
A neutral power must see to the same obligation being ob- served by companies or private individuals owning telegraph or telephone cables or wireless telegraph apparatus (8.V, art. 9).
381.
Use of neutral territory to establish wireless tdeg-raphy.-Belligerents are likewise forbidden to:
(a)
Erect on the territory of a neutral power a wireless telegraphy station or other apparatus for the purpose of communicating with belIigerent forces on land ur sea.
(b)
Use any installation of this lcind established by them before the war on the territory of a neutral power for purely military purposes, and which has not been opened for the service of public messages (H. V,art. 3).
382.
Neutral state must prohibit acts on its own territory.- A neutral power must not allow any of the acts referred to in articles 2 to 4 (see pars. 363, 368, 381) to occur on its territory.
It is not called upon to punish acts in violation of its neutrality unless the said acts have been committed on its own territory (H.V9art. 5).
383.
Internment-A neutral power which receives on its territory troops belonging to the belligerent armies shall in-
383480 RULES OF LAND WARFARHI
tern them, as far as possible, at a distance from the theater of war. It may keep them in camps and even confine them in for- tresses or in places set apart for this purpose.
It shall decide whether officers can be left at liberty on giving their parole not to leave the neutral territory without permission (H. V,art. 11).
384.
Duty of neutral state.-A neutral is not bound to permit belligerent troops to enter its territory. On the other hand, it may permit them to do so without violating its neutrality, but they nust be interned or confined in placcs designated by the neutral. They will naturally be disarmed and placed under the necessary guard, thereby occupying in many respects the same status as prisoners of war.
385.
NeutraI can impose terms.-If troops or soldiers or^ a belligerent are permitted to seek refuge in neutral territory, the neutral can impose the terms upon which they may do so. In case of large bodies of tro’ops seeking refuge in neutral territory, these conditions will usually be stipulated in n con-vention drawn up by and between the duly authorized repre- sentathe of the neutral power and the senior officer of the troops
386.
Parole of officers.-Beyond the right of deciding which, if any, of the officers are to be paroled, no conditions are speci- fied and no penalties are prescribed for breach of parole given to a neutral state.
387.
Disposition of arms, equipment, etc.-a’he munitions, stores, and effects which the interned troops bring with them sho~ld be restored to their government at the termination of the war.
388.
Maintenance.-In the absence of a special convention to the contrary, the neutral power shall supply the interned with the food, clothing, and relief required by humanity.
At the conclusion of peace the expenses caused by the internment shall be made good (H.V, art. 12).
389.
Prisoners of war.-A neutral power which receives escaped prisoners of war shall leave them at liberty. If it allows them to remain in its territory it may assign tfiem a place of residence.
RULES OF LAND WARFARE 3894394
The same rule applies to prisoners of war brought by troops taking refuge in the territory of a neutral power
(H. V, art. 13).
390. Sick and wounded.-A neutral power may authorize the passage into its territory of the sick and wounded belong- ing to the belligerent armies, on condition that the trains bringing them shall carry neither personnel or war material. In such a case, the neutral power is bound to take whatever measures of safety and control are necessary for the purpose.
The sick or wounded brought under these conditions into neutral territory by one of the belligerents, and belonging to the hostile party, must be guarded by the neutral power so as to insure their not taking part again in the military opera- tions. The same duty shall devolve on the neutral state with regard to wounded or sick of the other army who may be committed to its care (H. V, art. 14).
Direct repatriation for reasons of health of prisoners of war, hospitalized in a neutral country, is provided for in the annex to the Geneva convention of July 27, 1929 (model agreement). (See para 141,172.)
391.
Obligations of neutral state.-The neutral power is under no obligation to permit the passage of a convoy of evacuation of sick and wonnded through its territory, but when permitted to pass, the neutral must exercise control; must see that neither personnel nor rmatt%eZ other than that necessary for the care of the sick and wounded is carried, and generally must accord impartiality of treatment to the belligerents.
392.
Consent of other belligerenL-There is no indicated necessity for obtaining the consent of the other belligerent be- fore granting authority for the passage of the convoy, but this action seems advisable, especially where the passage of a con- siderable body of sick and wounded is contemplated.
393.
Sick and wounded of belligerent convoying same.-The sick and wounded of the belligerent convoying them may be carried through to their own territory. If, however, they are left in the neutral’s territory they must be interned so as to insure their not taking part again in the war.
394.
Sick and wonnded prisoners of war.-Sick and wounded prisoners of war brought into neutral territory as part of a
394400 RULES OF LAND WARFARE
convoy of evacuation granted right of passage through neutral territory cannot be transported to their own country nor liber- ated, as are prisoners of war escaping into or brought by troops seeking asylum in neutral territory, but must be detained by the neutral power, subject to the provisions contained in the annex to the Geneva convention ok July 27, 1929 (morlel agree ment). (See par. 172.)
395.
Medical personnel.-!l3e medical personnel belonging to belligerent forces, who have sought asylum and are interned under article ll (see par. 3831, can be released by the neutral and permitted to return to their own state or army. Medical personnel and mt6rkZ necessary for the care of the sick and wounded of a convoy of evacuation, permitted to pass through neutral territory under article 14 (see par. 390), may be per- mitted to accompany the convoy. The neutral state may retain the necessary medical personnel and mat&&Z for the care of the sick and wounded left in its care, and failing this, may furnish same and will have expense of same refunded by the belligerent concerned after the termination of the war.
396.
Neutral persons.-The nationals of a state which is not taking part in the war are considered as neutrals (8. V, art. 16).
397.
Neutral persons resident in occupied territory.-Neu- tral persons resident in occupied territory are not entitled to claim different treatment, in general, from that accorded the other inhabitants. They must refrain from all participation in the war, from all hostile acts, and observe strictly the rules of the occupant.
398.
Diplomatic agents in occupied territory.-Diplomatic agents of neutral sovereigns and governments must be treated with all courtesy and be permitted such freedom a9 action as
is possible to allow, with due regard to the necessities of the war.
399.
Punishments.-All subjects of neutral powers, whether resident or temporarily visiting in occupied territory, may be punished for offenses committed by them to the same extent and in the same manner as enemy subjects.
400.
Forfeiting rights by neutrals.-A neutral cannot avail himself of his neutrality-
(a) If he commits hostile acts against a belligerent.
RULE5 OF LAND WARFARE 400-403′
(B) If he commits acts in favor of a belligerent, particularly if he voluntarily enlists in the ranks of the armed force of one of the parties.
In such a case, the neutral shall not be more severely treated by the belligerent as against whom he has abandoned his neutrality than a national of the other belligerent state could be for the same act (8.V, art. 17).
481. Acts not favorable to one belligerent.-The following acts shall not be considered as committed in favor of one belligerent in the sense of article 17 b (see par. 400) :
(a)
Supplies furnished or loans made to one of the bellig- erents, provided that the person who furnishes the supplies or whf .makes the loans lives neither in the territory of the other pa* nor in the territory occupied by him, and that the supplies do not come from these territories.
(b)
Services rendered in matters of police or civil adminis- tration (a.V, art. 18).
402. Railway material.-Railway material coming from the territory of neutral powers, whether it be the property of the said powers or of companies or private persons, and recog- nizable as such, shall not be- requisitioned or utilized by a belligerent except where and to the extent that it is abse- lutely necessary. It shall be sent back as soon as possible to the country of origin
A neutral power may likewise, in case of necessity, retain and utilize to an equal extent material coming from the territory of the belligerent power.
Compensation shall be paid by one party or the other in proportion to the material used, and to the period of usage
(H. V, art. 19).
-TP STATUTES OF THBI UNITED STATICS
403. Certain OtTenses against neutrality defined by statute- Supplementing the foregoing rules of international law, them are certain statutes of the United States that dehe offenses against neutrality and prescribe penalties therefor, some of which are &e&ive only during a war in which the United
403 RULES OF LAND WARFARE b
States is neutral, and others effective at all times (United States Code, title 18, ch. 2). The enforcement of these statutes devolves primarily upon the civil authorities. Troops employed to aid the civil authdties in such enforcement will be gov- erned by AR 600-60,FM 27-15 (now published as part three, BFM, vol. VII), and the orders of competent authority.
Ld societies (see Relief societies). lircraft, use: Paragraphs Fages Authorized generally in hostilities–_-..————.-.–.——-
!27,48 8,12
For transportation of sick and wounded– ………………….. 192 64
To bombard undefended places, forbidden ………………….. 4E-46 12
Amerim National Red Cross ——————-.—————–
171,185 42-51
See also Relief societies. Appropriation of supplies inenemy country -_——–.————–
24d 7 See olao Occupied territory; property, requisitions. Armed form: Consist of combatants and noncombatants -_.——————–
Qc 4
Hotiti d to . . 19 6
QuaMcations for recognition as lawful_-.–.———————
9 4
Armed prowlers -.—–.————–.——————————
352 88 Armistice: Activities authorized and prohibited during- –.–.-.———
256,265e 70.72
Commencement and termination .–.————————–
254,255 69,70
Deed 251 69
Denunciation————————.—–.——-.———–
266,267 72
Effect. .252,253 69
Form of; should be written —-.———————————
257 70
General; de5ed; how concluded .——..———————-
258,259 70
Intercourse in theater of war during- —.—–.-.————–
263,264 71
Local; deked; how concluded ——-._–..——..—….—..
258-260 70 For search of battlefield ——.——————————-
176 47
Matters that should be covered by _—–.—-..——-.—–.-
161,265 38.71
Nottion 263 71
Repatriation of prisoners, must provide for .——.————–
161 38
Suspension of arms ——————————.-261
————–70
Vigilance not relaxed during ———.-..—.——–.———–
268 72
Violations by enemy soldiers _—.—_-..—.._—–.—-.——-
270 73
Violations by nonmilitary persons —–..————————
269 72
Arms:
Causing unnecesssry injury forbidden- ————–.———–
34 9
Found wlth sanitary formations -.——.————————
181 40
Of interned belligerents, disposition —…————————
387 94
Seion–261 90 Army of occupation (see Occupied territory). Art, buildings devoted to, protected ._—-..—————–
6840,318,319 14,81,82
Assassination forbidden -.———–………………………. 9
–.–31 Assaults, bombardments, and siege8 -.—.—————————
4Cr60 12 Asylum (see Neutrality; belligerent troops). Attaches, neutral, accompanying captured troops –.–..,,,….—-.-18
77 Automatic submer’se mines (see Mines).
99
Paragraphs Pages Balloons, bombardment of undefended places from ..-…-.—–..—-12
45,46
Basic rules and principles (ch. 1) ——– — -.-…– – – – -.– – ———-1-7 1
Chivalry, principle .—-.-.—.——–.-… 4 c
…. ….—–.—.-2
Humanity, principle —.—–.————–.——4 b –.———-
2
Military government and martial law distinguished.. -…-.–..-6 2
7 a
Military necessity, principle…–…——-…-..-.-4 a
-….—–.–1
Military jurisdiction defined —-.———..—.-.—–.———
Rules or laws of war defined–. .-.-.–…–..—-……———1-3 1
Force——————-..—-.-.—.-. —-.–..-. …—–—-2
5
Unwritten, detlned ——.-.-.-.——-….-..-..—-.3 ——
1
tn d e d 2 1
Belligerent populations, how generally divided– -.—..—-.—-8 .–
4
Belligerent powers:
Armed forces of, who may comprise -.…-.————–9 ——–
4
Duties of (see particular subtopics).
Intercourse between (see Intercourse between belligerents).
Must not compel enemy subjects to take part- ——–...——10
36
Must notify neutral powers of state of war...-.–.__..-.—–16-18 —
6
Responsible for acts of armed forces ——..–.. …..-.—..-a45 86
-…
Belligerent troops:
tties rtted to . ………. I9 6
Internment of by neutral powers ._..-.-..-… 383-395
….–..——.-93
QuaMcations for recognition 3s-.———-….-..-.-..–9
–..—-4
Status of captives as, left to courts .-.-.-.-..-……-..——-13 —
6
Besieged plam (see Sieges). Billeting authorized in occupied territory .—….-..——-82,83,
319,325,336,337 84,85
Bombardments..4SO 12
Certain buildings to be spared from- –.—..-.—–.—–68-60 ——14
Of undefended places forbidden -.————-.—-.-45,46 ——–.-.-
12
Warning required; American rule —.——–.. .—.——–12.13
.–.. 49,50
Booty and captures belong to Government…………………….. 327 83
Buildings and monuments, certain, to be spared from bombard-
ment.–.~.-~-~-.-…—–~———..
68-60,318,310 14,81,82
Bullets, use of certain kids forbidden —–.——-.-.-34.-.———–0
Bureaus of information for prisoners —-.–.—..————–
IG3,165,166 38,38,40 Burial.—.-.-.–.——176,177 47,48
.————-……..
Cables, submarine .——–.————-334 ——…..
84
Camp followers, captured, treated ns prisoners of war .-_—.—–.76 —
17
Camps and depots, destruction of authorized- —_..–….———..-
31 la
Capitulations %270 67
Defined~-.—~–.–~–~——————…..
244 67
Dencation 250 69
–.—.—.————-
Destruction of property after signing-_.-249 69,
Forms;contents in general ——._-_.—.. 247 67
..-.-..—-..—.——
Legal power of commanders to make- –..-.–.——-.—..-.-.67
246
Military honor involved in -.-…—..–..——.—.-246 ———-
67
Should be reduced to writing- -.–.—.-.–..-.. -67
. — – —247
Subjects usuallycovered by -__.-~—..-~__.-usUusUusUusUusUusUusUusUusUusUusUusUusUusUusUusUusUusUusUusU 248 68.
INDEX
Paragraphs Pages
Osptives:
Status determined by courts ..–.-…————–.————-ti
13
Summaryexecution of, forbidden –.-..–.–…——–…——-
13.32 6,s
Captures:
And booty belong to Qovernment -….–.——-…–.——.—
327 83
What authorized ———-_..–.-.——–.——————-
.-24 b 7
Cmtels, defied; force 243 86
——–~.—-BB…BB——BBBBBB….BBBBBBBB.
Censorship:
Evasion of, punishable a3war crime .-..——-.-.-.-…———
354 88
Of mail of prisoners of war —_.–.. 113 28
..——….——…——–
Of press and mail in occupied territory- —.–. 291 77
.—..-….——–
Cessation of arms (truce) (see Armistice).
Chaplains, captured, treatment ——.._.——…———.—
182,186,187 50,51,52
Charity, buildings devoted to, protected .–.—…————–
58,318,319 14,81,82
Chivalry, principle of, defined ——.-…——..—— — –…-.-4c
—-2
Churches, protection -.-.———–.-.———..———–
58-60,318,319 14,81,82
Civilians: Between the lines, treatment _—-.-.——–..————–.—
53 13
Following army, status when captured–. ..-…….-.———–17
76
Hostilities must not be directed against -….-……..——–.—6
19
Collective punishments: Of inhabitants of occupied territory -.-.–..—-…-.———–
343,344 85,813
Of prisoners of war –.———-__.———–…——-84
——–20 Combatants and noncombatants, treated alike in case of capture—- 9 e 4 Commanders liable for illegal acts ordered -.——–.-.-.–.———
347 86
Commencement of hostilities (see Hostilities). Communications: Between: Belligerents 216-234 60
—-.-.tststststststststststs.ts.tststststststststststststststststststststststststststs
Besieged and outside —-………….——–…..———-
57 13
Occupied temtory and outside –.–.—-.——–.60,61,66
215,216,235-240
Means of, in neutral countries —————-.37e-382
..—-.–.——93
Conduct of hostilities (see Hostilities).
Confiscation of enemy property forbidden ——-.———–.——-
326 83
Contributions in occupied territory ..———————-..–
336,341,342 84,85
Convoys: Of evacuation of sick andwounded–.—-.–.—————–
191,192 63,54
Of munitions through neutral territory .–..-.-.———.—–
363,307 91
Of sick and wounded through neutral territory –.—_-_—.-.-
390-304 96 Courts-martial………………………………………………. 7 3 Crimes against the laws of war (see Violations of the laws of war). Cruelty:
Defined; military necessity does not permit ..——–.-….——7
25
Toward prisoners of war, forbidden .-.-.-.———.————-
119 28
Customs of war (see Laws of war). Dead: Burial, graves service .—–.-.-.——-.————-.-.–.—-
162,177 38.48
Death cerltficate, belligerents to forward -.–.—-.—————
177 48
Examination of bodies required -.-….-.————————-
177 48
INDEX
Paragraphs Pages Dead-Oontinued. Graves, lists to be exchanged .-.-….-.-.—..-.—————–
177
Identiilcation tags, disposition —-.——————————177
Information to be exr.banged_ —–.——————–
———-177
Personal dects, disposition –.—_.—————————–
177
Robbery and ill-treatment, protected from .-.–..-.—-.———
176
Search of battlefield; local armistim -…———-176
..: .—.—.-.–Decaption, justified by military necessity..-.–.———————
24e See alno Ruses of war. Declaration of war: May be sudden and unexpected .——-.————————
15
Must be notifled to neutrals ——.–.—————————
16
Must precede hostilities.- -.–.–.———–.–.-.————–
14,17 Defended place, dehed —————*—————————-47 DWtions: Armed prowlers —.—.————————————.—
352
ti———–.
251
General-_.—–.-..—-..—..–..—..————.——-
258,259
Local——–.–.———.———————-.–..—-
258-2130 capitation—————— – –244 Cartel.—~~-~.—————————————-~~——–
243
OhivalrJl,principle 4e
lrJllrJl-lrJl-lrJllrJl—-lrJllrJllrJl-lrJl-lrJl-lrJllrJllrJllrJl–lrJllrJl.-lrJllrJllrJllrJllrJllrJllrJllrJllrJllrJllrJllrJllrJllrJllrJllrJl
Celt.. 25
Dee pa –47
H a b e–361
Humanity, principle -.–.-..——.——..———————-
4b
Laws of war_-.——————–.-.———
——————1-3
In general—–.—–.————-.1
unwritten—————.————– – —
——-.—-..-..-3
Writtan~~-~————-~———~—–~—~-~—-~-~…–~
2
into tad .–…….240
Made.. 353
Maiw 6
Mtarygovee .. 6
Military jurisdiction ———..—._.-..—….–_-_..-.———
7
Military necessity, principle .__–_.-…–.——-
——-….—.-44
Military occupation .——————.—–.
..—-.–.__-._—-
271
Neutral persons —————–.-.—.—–.—
–.—.–366
—–.-
Neutrality 360
Parlementaires. -.———————-
—–.—..–..–.–220,221
Po, i t–236
P 0 w . ..-256
one of war.. 70
Reps.. 358
Rules of war–…-.-.—-.————————————-1-3
.-
I general——-. 1
Unwritten-.—————–…-….————————
3
Written..-..-.-.–a
———-………………………….
INDEX
Paragraphs Definitions-Oontinued. Safe-conduct for goods.– —.————————————
~i?
Baf4conduct for persons-.————— 236
–4CO4CO4CO4CO–4CO4CO4CO4CO4CO4CO4CO4CO4CO4CO4CO4CO.4CO4CO4CO
Safeguard—————–………………………………… 241
Spies———.———— — .—–.—-
———.————-202,!m4
Suspensionofarms———————- ………………….. 261
Tmson–.—-.—205
————.—————————.—-
Wsr rebels.——-.————–.-.-349
—.–.——————–
War traitors ——–.—————————————
ms,m
Deserters, captured: Cannot clslm privileges of levee en masse .-.-__–_—————
11
Status of, left to oourts.———-.———.———-
.———
la
Destruction: Enemy property in occupied territory (see Occupied territory; Property, enemy). Of campaanddepots authorized. –35
——–pspspspspspspspspspspspspspspspspspspspspsps
Ofenemy life or limb authorized —————.—————–
24,
Ofenemy property authorized —————-.—-24c
Ofinstitutions, monuments, etc., forbidden …………………. 318
Detention of enemy nationals -.—20
—-.——————————
Devastation: In occupied territory restricted-. –.—————_-totototototototototo ax Wanton, prohibited -.——————————————-
26
Diplomatic agents: Enemy, may be made prisoners —-.—————————-
76f
Neutral, accompanying army —.–.——..———————
77
Neutral, in besieged place-. ———–.—-.——————–
62,67 Neutral, inompied territory ……………………………… 388 Distinctive emblem of Geneva convention —-.————
–.-193-198
Emblem, distinctive, of Geneva convention- ——.———_—–
193-198
Enemy: Armed form, destruction and capture authorized- -..———–
29
Flags, misuseof forbidden ..–.—.——–.———————
41,43
Insignle, misuseof forbidden 41
.-.—..—.—.——USBUSBUSBUSBUSBUSBUSBUSBUSBUSBUSBUSBUSBUSB
Nationals may be interned-. -.——————————–
–m
Nationals must not be compelled to take part .———-.–.—–
36
O~cialsmay be made prisonem of war —-. 7&, f
–.——————-
Population, howgenerallydivided–.—-..~~-tititititititititititititititititititi 8
Property (aOccupied territory; property, enemy).
Soldiers, may be induced todesert, etc ———-.-.–_———–
38
Territory (see Occupied territory).
Uniform, misuseof forbidden -.—-..—————————-
41
Escapesof prisoners of war; punishments —–.-.–_——.—-.-.-
123,126
Espionage and treason (ch. 6)————-.———————-
–U)2-214
Amriesta,equallypunlshable ..——-ririririri—————–214
Boles:
Belligerents may ladfully employ. -..——————–38,203
Dehed———.————-.————-
———–+–
m,m
Excluded in exchange of prisoners- —–..——-
.———–180
INDEX
Paragraphs Pages Esponage and treason-Continued. Spies-Continued. Immune after rejoining own army.. ..——.-.—.-_—-.—
212 60
Punishment of ….———.-.——-.—————–
208,209,211 68,60
War treason and traitors:
Defined; rules relating to .——20E-208 59
—.—-.——————-Examplesof.-.–.———-.——————————–
349 87
Having rejoined no defense. –..-.—-.—-.——..-213 60
-..-..-.
Punishment .——-.———-.—-.———-..–.—.-…
210 80 Executions, summary, prohibited …….-..-.——.—….——…-
13,32 6,9 Explusion of enemy nationals from localities ——-.-…-.—–.—.-
21 6
Flags: Enemy, misuse of forbidden ————.——.——-.——-.-
41.43 11
Geneva Convention (Red Cross):
Misuse 41.44 11.12
Use 194,198,197 65,56
National, misuse of forbidden .—-.——————————
41,43 11
Shown with Geneva flag, when .—————————
190,197 55.56
Sanitary service, distinctive embl9m ………………………394-197 55
Truce, abuse of, forbidden ———.—————————-
41-42 11
What constitutes ..-.——–.-.——-.-.-.—.————-
234 84
White, significance and treatment ————————–..-
221-231 61 Gain, private, by officers and soliders in occupled territory- —–..328 83
.. Gases and chemicals, use of authorized _..-.————–.——-..-
29 8 Geneva Convention of 1929 relative to prisoners of war (see Pris- oners of war). Geneva Convention of 1928 relative to the sick and wounded (see
Sick and wounded). Geneva Cross (sea Red Cross). Good faith must be observed ………………………………… 38,217 10,61 Qovernment, military, defined —–..-.–.———-.—.———–
6 a
Rules relating to (see Occupied territory). Graves service (see Dead).
—————————.-.-
Grenades, use of authorized -..——–34 9 Guides: Impressment from enemy nationals forbidden -_-.——…-10,79
36,306308
War treason by voluntary serviee as-.—.———————
208,350 60,87 Highway rob defined . . 361 87 Hospitals, spared in sieges and bombardments ————-.-.——-
58-60 14 Hostages: Are taken for what purposes .—.————.————–….
359 90
Are treated asprisoners of war –_—————.————–
76h. 369 18,90 Hostilities (ch. 3) ——~———~~-~-~———.
14-68 6
Acts expressly prohibited:
Arms, etc., causing unnecessary injury —.-.-.——.——–
34 9
Miation and outlawry –…–..————————-
31 9
Attacking or ill-treating peaceful population .———…..–6
19
Bad faith –..——–.—————–.
25,3340,217 7,10,61
Bombardment-
Of certain structures, etc .——-.–.———-..
6&60,318,319 14,81,82
Ofundeiendod places …-..~-..—–~—~——-
4546 12
I04
Paragraphs Pages Hostilities-Oontinned. dots expressly prohibited-Oontinued. Collective punishments, certain– .-.—…—————–
84,343 20,s
Oommencing hostilities without declaration of war- ———14,17 6,6
Oompelling enemy subject to take part -.———.-
36,302,305-307 10,78,79
Oompelling prisoners of war: To admit guilt ————.——————————
134 34
TO do c3ltain work .——————-.———.-7—25
102,105
To give information ——-_—-.—–.—-.———.-.-
78 18
Oo~~nt 20,30
of prisoners of war, with certain exceptions._– 82,122
ConBsoation of enemy private property .——–.———-
313,326 81,83
Oontamination of water 28 8
—.-._—–.-ti..titi….tititititititititititititi
1 .—. .5 119 7,29
Destruction:
Enemy property, unnecessary —-.-..—————-..-
313 81
Ownproperty after capitulation ———————.—
249 69
Devastation. wanton .——–.———————-.——-
25 7
Discharging explosives from balloons- –_-.—.——-27
— —- 8
Discrimination against prisoners of war —–.—-.———-_
121 30
Distinctive badges and emblems, misuse -.—–..—–.—-.-
41-44 11
Exposing prisoners of war to combat or insanitary wndltions.. 82 20
g o parementa ——-225 62
1 e ..4 11
Impressment of guides .——–.-.——–..-..—.—.-
36,306308 1479
Insignia and uniforms, misuse. —-.—4,5,11
.————-.-.–
11,13,41
EiUing or wounding captives -..-…–…—-.—-..-.—.—
32 9 Mines, useof cartain kinds or without certain precautions..–. 63,65 15 Perfldy.——.—-.—————————–.—-
25,39,40,267 7.10,
11,72
Pillage~…~..~.~~…-~~….~…..~~-……….
GI, 329,330 14,83
Poison or poisoned weapons. ———.————-. 28 8
—-.—
Prisoners of war, ill-treatment (see Prisoners of war).
Quarter, refusal .—-.—————–.—–.–..———–
33 R
Reprisals against prisoners of war —.–.-…-… 73,3688
.—-..—. 17,89
even..25, 35 7,89
Sick and wounded, ill-treatment (aceSick and wounded).
Spreading contagious diseases— .-_.——-.—- – —–28 8
-. -..–
Summary executions -.—–.——…—–.———-.–5,9,34
13,32,139
Torpedoes, useof certain kinds- .–.-.—.——————-
68 16
Torture.–.———————————–.—..—.-..
25 7
Treachw—————————————–.—
30,31,39,40 9,lO. 11
Violation ofsafeguard.——.-. ————.-241,242 66
———–.–
Bombardments, sssaults, and sicges- -.–_—-.———-..——
45-61 12
By persons not of armed forces .—-.—.-..———————-
348 87
Oommencament of -.-.–.————-.——.——————-
14-21 5
Belligerents–
Agree on grades of sanitary personnel …—…———–
187 52
Agree on money retained by prisoners .————-.–.-
97 23
Appoint medical commissions –.—-.—-.————–
142 35
Establish information bureaus –.–..-..—————–163 38
Exchange names of aid societies ..–.——.–.———–
183 50
105
Paragraphs ~osti~tieg-Oontinued. Oommencement of-Continued. Belligerents-Continued. Exchange of titles and ranks -.—..–.——————.
94
Notiiy neutrals ——-.—————-.—————–
16,17
Organize graves service ———… –. .——–
.-.. —–. 177
publish measures for correspondence —.—–.———–
108
Declaration of war must precede ,—–.-….-…————-
14
Enemy nationals may be-
e 21
Interned—-.——————-..—.
20
NotBcation of to neutrals-importance– ——————-.
18
Notitlcation of to neutrals required. – — —-.—————–
lb17
Surprise, sudden, still possible ————————-.—–
16
Oonduct of .—————.—————-.
..22-69
Acts of peffidy prohibited —-.——–.—-.—————-
25,39
Aerial torpedoes author=& .–.–34
————————..-
Against civil population prohibited– —-.-19
.—.——-.-.-.-
Aircraft, use of authorized ———————-..—–.—-
27
Appropriation of supplies permitted —.—.——.——–.-
24d
Arms, etc., causingunnecessary injury –..—.—-_—-
——34
Assassination and outlawry forbidden. – – –.—.—-..—–.-
31
Assaults~–~——~~—————..
45-61
Attack restricted to defended places- ——.–.—.-.—.—-
45-47
Bc pcpl … . .–. –4
Battlefield, search of required .–_—–.—-.——–.–.–..-
176
Bombardments, sssaults, and sieges —-. —-.–45-61
–.—-..—.
Bullets, uso of certain Bidsforbidden—————– — — – 34
Burning of campsand depots authorized ———-..—–.—
35
Captures permitted……………….. ————–.—-..
24b
Conttscation ofprivate property forbidden -_——-….—-..
328
Contamination of water sources prohibited– —..—..-.-.–
28
m y prohibited .. 25
Dead (see Dead).
Deception permitted -.—.—.—————————..
24e, 38
Defended place defied ———————————-..–
47
Destruction of life or limb permitted .————————
24a
Destruction of property permitted ——.-.—-..————
24e
Dischsrging explosiveffrom balloons prohibited. .——.—-
27
Drying or diverting’water sources authorized ———–…–
28
Enemy nationals not to be compelled to take part- –.–.—
36,302
Enemy soldiers may be induced to desert, etc —..——.—-
38
Enemy territory (see Occupied territory).
Executions, summary, forbidden —.————————
13,32
Flags, misuse of forbidden .–.————————–+—-41-43
Gases and chemicals, use of authorized —.——-.-.—-…–
29
Gwd faith must be observed.- .—-.—–.———–…
33,39,217
Hand grenades authorized ——–.——-.–34
–.————.
Information, measures to obtain authorized ,–.————–
37
INDEX
Paragraphs Pages
Hostilities-Continued. Conduct of-Continud. Injuring enemy, means limited-. —-.-.———————
28 g
Insignia, enemy, misuse of forbidden- – – ————-.——-
41 11
Killing or wounding captives forbidden ——.—32
——-.—-9
Lances with barbs forbidden -.-.———————–..—-
34 9
Military necessity does not justify what ———–.–..—–
25 7
Military necessity justifies what generally – – ——._-23 7
-_.–.–
Military necessity justifies what specscally —–.—._–_—
24 7
Military neeessity, principle of ———–.-.-.————
4,22-25 1,7
Mines, automatic submarine–. ..—-.——-_—_—-.—–
62-69 14
Mines, explosive, authorized -_-_—-.————————
% 9 Object of wax —————————————-.——
22 7
Obstruction of ways and channels permitted ——-._——–
24c 7
Offenders against the laws of war, treatment of (seeViolations
of the laws of war).
Pillage of towns and places forbidden ——–.—————
61 14 Lawsof war: Basic rules and principles —–1-7 1 Dens–1-3 1 For of ——-b a Unwritten, deked –.–.—————————————-
3 1
Violations and penalties (seeViolations of the laws of war).
Written, deflned .-.——.————————————–
1 Levee en masse: Debd; treated ESbelligerents.—–.————————–
9b 4
Deserters, eto., cannot claim privileges .–.———————–
11 4
Members captured are-
Not treated as brigands-.—.—————————–
10 4
Prisoners of war- —.—-.—–.——..—–18
—-….–….–76d
Rebellion in occupied territory does not constitute —————12 6 Licenses to trade, deflned ………………………………. 240 88 Loans, by neutral powers to belligerents, forbidden —-.————-
376 02
Marauders: Deed——363 88 Robbing wounded or dead, punishment .————————
176b 48
Martial law, de5ed ——–.—————————————
6 a Means of injuring enemy (seeHostilities). Medical personnel (see Sick and wounded; sanitary formations and personnel). Militmy commissions 7 a
——–BTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBT-BTBTBTBTBTBTBTBTBT
MUtary government, deflned ..————————————-
6 a Rulesrelatlng to (seeOccupied territory). Mar jdiction deed 7 hlilitarynecmity: As &ecting treatment of enemy property …–.—————-
313-341
Bash of military government —..—.—————————
281
Den———-4a
Does not permit what —.—..-.—-*———–.—————
26 7
Paragraphs Pages Military necessity-Continued. Permits what measures generally ——–.——————-.—
23 7
Permits what measures speciflcslly- -.————–.——–.—
24 7 Military occupation (seeOccupied territory). Military passports (seePassports, military). Militia may be part of armed forces ..——————————–
9a 4
Mines:
Automatic submarine:
Certain types forbidden -.-.———.—-..–…—.-.—-.-
65 15
i n of ————–62 14
Must be removed at end of war —-_-.-.–..-..-..–..—.—
69 16
Neutral powers may lay —.-.—————-15
————–. 68
Precautions required in use of ————.-.-.—————66 15
Unanchored forbidden —.——-…————..——–
—63 15
Use against commercinl shipping forbidden -.-.._.–.—…–15
64
Explosive, use of authorized–. ————————-.——.-9
34 Model agreement, for treatment of prisoners —.—–.—————
172 42 Monuments, damage to forbidden -.–……. ——..59-60,318,319 14,81,82 Municipalities, inoccupied territory —….–.—————-.—
318,319 81.82
Poison, use of prohibited ——–.—-.~———-.——–…
25,28 7,8
Prisoners of war (seePrisoners of war).
Projectiles, artillery, may contain explosives ————–34 9
Projectiles causing unnecessary injury forbidden.. ………–34 9
Property, enemy (seeOccupied territory).
Quarter, refusal of forbidden ——————.-..-33 9
—..-…-
Red Cross, misuse of insignia ..——————.-.-
41,44,196,198 11,55,56
Ruses of war-
Authorized —-_-_.——…—-.—-. -…-37
– – -. — — -..—10 Leqitimate—~—.—————————-~-~—–~~
39,40 10,Il Limited ———————————————–.
39 10
Dick and wounded (seeSick and wounded).
Spies, use and punishment of (seeEspionage and trcwon).
Bpreading contagious disesses prohibited- –._—..–… 28
–._-8
Strategems authorized .————————-…-…–..–
37-44 10
Torpedoes, use of certain Binds forbidden —-.-._-…—..—16
6g
Train wrecking authorized- 35 10
———————rainrain–rainrainrainrain-rainrain.
Treacheryforbidden —————————————–30,39 9,10
Undefended places, attack on forbidden —-…….-.—-..–12
45,46
Uniform, enemy, misuse of forbidden ——–…—41 11
nn..nnnnnnnn..nn
Wanton devastation prohibited –..———-..–..—.-.-.–26 7 Withholding of sustenance permitted —————-..—…
24c 7
Must not be directed against civilians —..————…..-.19 6
.–
Occupation md government (seeOccupied territory).
Restricted to the Cirmed forces——-_——–.—–..–.——–
19 6 Humanity, principle of, defined —–..–4h 2
-.—–…——-.———–
Information, measures to obtain authorized –…-….——–.-……
37 10 Inhsbitants of occupied territory (seaOcmpied territory).
INDEX
Paragraphs Pagw
—-.—…—
Injury to surrendered enemy forbidden .-..———–.-32 Insignia, enemy, misuse of forbidden —–.—41 11
———-.—…—–.-
Institutions, reliyious, etc., damaqe to forbidden ..—–..–…——.
318 81 Intercourse between belligerents (ch. 7)——————–..——
215-224 60
Allowed only upon approval of highest authority –.—___–..-.-
216 61
Complete cessation the general rule —–.—-.————…–.-
215
Good faith essential on both sides 217
…es.eseseseseseseseseseseses..
Neutral &plomats may receive safe-conducts .-.—–._–.._-…-
218 61
i!
Parlementaires (see Parlementaires).
Rules for, comprised under what headings ——..——.-.–…–
219 61
White flag, rules relating to —.——–.-.—-.—-.—-.—.–
221-227 61
Internment: Of belligerent troops by neutral ..——.-..—-….–..—-….
383-395 93
Of enemynationals by belhgerent -.-..—–.——-…—-…-.-
20 6
Jurisdiction, raihtary, defined -.—-.–.-..—-..—…..-…—-..–
7 3 Killing or wounding: Accidental,of parlementaires, no ground for complaint-. -.—–_ 62
225
Of armed enemies in combat authorized———…———–_.240 7
Of enemies after surrender forbidden——–..—..—-.—
32 9 Lances,with barbs, forbidden .——–.-..—.—-.—–..——–
34 9
Lawful belligerants, who are ..—.———.-.———————–
9 4 Laws, neutrality, of the United Stab .——-.—.——————
403 97
Munitions: Convoys of, not to cross neutral territory -..-.———-.–.—
363,382 91,93
May be purchased in neutral territory .———————–.-
377 92
Seizure of authorized in occupied territory ——-.———–.-
331-333 83
National Red Cross. American …———————————
171,184 42,61
See also Relief societies. Necessity, military (see Military necessity). Neutral persons (see Neutrality). Neutral powers (see Neutrality). Neutrality (ch. 12):
Belligerent troops:
May be denied asylum —-…—-..————————-
384 94
May be granted esylum on conditions –_-.——————
386 94
Officers, interned, may be paroled ..—–.——————-
386 94
Reception end treatment of ——-.——-.—————-
383-396 93
Commercial shipments do not violate .–.-…..————
367,376,377 91,92,93
Deflned———-~-.———————-
360 90
Fadure of neutrals to preserve, effect -…——.——————
366 91
Internment of belligerent troops .-.—.————————
383-395 03
Laws of the United States ..—————.–.——.———–
403 97
Means ofcommunication:
Belligerent, not to be erected on neutral territory ——-.–_.93
381
Neutral, belugerents may use —–.-.——-.————–
378-380 93
Neutral persons: Deflned—–..———————————————
396 96
Forfeit its wen 4 0 06,97
In occupied territory. rights .-.—.-.—.—.—-.—..-..-
397-401 88
Paragraphs Pages Neutrality-Oontinued. Neutral powers: Complaints of belligerents sent through -.—-.—————
348 86
Diplomatic agent8 of: In besieged plsce -.-.-..-..-.-.————————–
63 13
Inoccupied territory- —-.-..—.————–388 96
—. —–
Duties concerning prisoners of war .–…-.—.–.————389 94
Duties toward belligerents .————–.—-…
860403 90
Duties toward si& and wounded —.-.——————.-
390-394 96
Failure to preserve, effect .——–…——-. 91
——–.-366
Internment ofbelligerent force3 —.—.-.——-.-.-…
365,383-395 91,93
May lay automatic sobmarine mines. .———–.———-
67 16 May use force to preserve neutrality ———————–.-91
3M
~ob~tionto eniorca neutrality’. –.——–.-365
.—-.—–. 91
Must not allow oartain acts —.-…-.-.————-
.——382 93
Must not themselves supply belligerents- —–.——..-376 92
-.–Not bound to grant asylum .–.——-.———————-
384 94
Not bound to prevent commercial shipments ——–..——
375 92
Notification of state of war- -..—-.–.———–.—.–
1618.361 690
Officersof, joining belligerents —–.—————-92
374
To intern belligerent troops when– —-.—.–.-.—.—–.-
383 93
Neutral territory:
Aid societies may be formed within -.—-.—.—————
370 92 Convoys of evacuation, rulesfor————.-.———- — 36Q-386 95 Convoys of munitions forbidden —.————————-
363 91
Hastile expeditions from forbidden- —–.——–.–..——
368 91 Indfvidusls may leave to join belligerents ——————371,372 92 Inviolable-.———~—————–..-.
362 91
Movements of troops and supplies acrms forbidden———-363 91
Nationals of belligerents any leave-.–.——.–.———–
373 92
Recruiting within forbidden _—————.————–91
368-374
Use for radiostations, etc,, forbidden …………………… 381 83
Prisoners of war, escaped, treatment .———————-.
388 94
Railway material, rules concerning ………………………… 402 97
Btatntory offenses against –~—————-.——-
403 97
Supplies may be sold to belligerents -..————————-92
375
Violations may beresisted by force—–.————————
364 91
Newspaper reporters, captured, status ………………………… 76b 17 Newspapers, inoccupied territory- –.—-.————————–
291 77
Noncombatsnts, part ofmedforcescescescescescescescescescescescescescescescescescescescescescescescescescescescescescescescesces Lk d
Occupationand government (see Occupied territory).
Ompied tedto~ (a.10) 271-344 73 Administration of (see QovernIUent of). Billeting within authorizfd ..——-……………………….. 337 84
Censorship of press and mail .——-.-.————————–
291 77
Commercial intercourse within-. –.—.———————-
280 77
Oontributions:
Can be levied by occupant. -.—–.–.———————-
294 77
Inkind,payment for .—-.——–.—————-
—–336 84
INDEX
Paragraphs Pages
Occupied tarritoiy-Oontinued. Contributions-Oontinued. Limited to needs of Amy, etc -.—-.–..-.—-.——–.–.-
341 85
Methods of levy and collection-_ -..–..–..–.—-.–_-.–.-86
342 Courts, local, jurisdiction of. -__-.._——.——————
285 76
Crimes by American soldiers in.———…..——-.–.——–
356 88
Crimes of inhabitants; punishments (see Violations d the laws
of war).
Devastation, rules relating to –.-..-.—–..——314,324
-..–..—–. 81,82
Diplomatic agents residing in .-.-..—-..-.-..——–.—.—.–
397 98
Foreign resident in, may commit treason .——-.-.-_—._——
205 69 Government of: Functions-.-.————–..————————-.—-
283 76
Hostile, esases; excaptions. -..-.——~–..—8888888888888 281-283 76
Law and order, duty to restoro –.–.-.-.–.—–.–…—-.-
282 76
Military, defined -.—-_.-..——-.——–.—.————
8 2
at.. 284 76
Necessity for-. .——.-.–.—–.–…-….—————74 76
281,282
Obligatsd to defray expenses .—-..–.–.——————
293,295 77.18
Guides, impressment of, forbidden —–…———————
307,308 80
Inhabitants:
Acts of constituting war treason——-…——–.—-
205-208.350 69.87
Collective punishments restricted— –.-. ——-.-.—343 86
Commercial intercourse regulated— —–.—.———–.–77
280
Oommwiicsting with enemy. ——–.——–. –20MO7 69
. .—.—
Duties towad occupant ——–.——————-.—.—-
301 78
Forb, etc., forcing to construct forbidden ——-.————
305 79
Guides, forcing to serve as, forbiddcn.——-.—————
308 80
Information, forcing to give forbidden—–…-.-. 306,307
-…-..–79,80
Labor of, may be requisitioned– -.—-.——.-.-.——..
302-306 78
Lives, honor, religion, rights, respected ——.————-
299,300 78
Neutral, rights and liabilities of .——-.—_—-.———-
397-401 96
08th of allegiance forbidden ——. —————–78
–.——298
Obedience may l~ enfomd—297,301 78
Offenses of; punishments (see Violations of the laws of war).
Operations against own country.-…—————
30,302,306-308 10.78.79
Reprisals against, authorized —-..-..—————–.—.-
344 86
Requisitions for services —_–..–. -.—-.——.
..–:—-302,308 78.80
Rights and rights rf action prescrvcd- -.—-..-….-_ 77
7.89
Rising inarms as war rebels ——–.-.—.—.————.-87
349
Bervlcasthat may be demanded—-.—-..——..——–
30Z308 78
Uprisings not levee en mssse ———-.———————
la 6
Intercom during armistice .–.-.—-71
–UISe..UISeUISe UISeUISeUISeUISeUISeUISeUISeUISe-2&284
UISeUISeUISeUISeUISeUISeUISeUISeUISe
Institutions, religious, etc., damage to forbidden .————.—81
318
Labor of inhabitants may be requisitioned…-.—————-302-306 78
Laws:
Exihtiig, may be continued or suspended ..-.–.-..——–76
7.85-287
In force, to be respected.. .–.——————————-73
282
New, may bo promulgated ..—-..-..———————–
288 76
111
Paragraphs Pages Oconpied tealtory-Oontinued. Military government of (see Government of). Neutralsresident in, rights and duties -_—-.-_—————-
397-401 96
Newspapers, occupant controls —–……———291
..-.-.–.—–77 Occupation: Beginning–.-.-.———….-.—————-.-.–….—
279 75 Cessation——-.—————…———-.—-..-….—-
280 76
Consent of inhabitants unnecessary ….–.. -……. 277 75
. . –..-.-.
Deflned;extent.——-.-.———…—.–……..-.-..-.–
271 73
Existence a matter of fact …..—..—-….-.-. 272 73
Invasion distinguished from .._..———–.-…-………–
274 74 Invested fort immaterial _—.——.————————-
277 75
Must be acttmlly effective ……-..—-.-..-..——-..-..–.
276 74
P an……………..27279 75
Sovereignty not transferred by —-._–.——-.-.-..–.—–
273 73
Subjugation or conquest distinguished .——-.—. 275
.———74
Officials:
Oath, may be required to give .-..–.—……–.-.-. 80
….–.-308
Owe strict obedience —–… 309 80
.—…..————————Pent.. 312 80 Removal authorized –.-..-..—–.—-…–.–.————-
311 80
Salaries………………………………………………80
310
Pillage forbidden ………………………………………. 83
328,330
Population (see Inhabitants).
Postal e m-:. . 281 77
Private gain by oflcers and soldiers forbidden ——.–.—.—–
328 83
Property, enemy:
Cannot be confiscated 326 83
—–..-nfisnfisnfisnfisnfisnfisnfisnfisnfis.nfisnfisnfis.nfis….nfisnfisnfisnfisnfisnfis..nfisnfisnfisnfis
Captured, belongs to government .–_—-.-.—–…–.——
327 83
Destruction, necessary, authorized —–…—……—-.—81
313,314
Destruction, unnecessary, forbidden —.-.–..—..———-
313 81
Devastation, rules relating to .————……….–.——
324 82
Municipal, religious, charitable, etc .–.—–…–.-…—-.
318,319 81,82
Ownership unknown, treated ar public.—–.–..-.—–…-322 82
Private, American rule ——.—–.-…….-…-.—-….-..
325 83
Private, must be respected –.–.———-…–..—-.—..-
323 82 Private, treatment ——-…–.————–..–…-.—–
323-334 82
Seizure, necessary, authorized –..—.———-.—–.—.
313,314 81
Seizure, unnecessary, forbidden ——–.-.—..—.—–.–..
313 81 State, buildings, and lands ————.—…-.—.—.—
315,316 81 State, movable -.-..——-…-…—–.-.–..————-
320,321
Reprisals against inhabitants …..L 344 ”
.~..insinsinsinsinsinsins..ins..insins….insinsinsinsinsinsinsins
Requisitions:
Enforcement————–.-..–..-..-..–.–…-.—….—
340 85 For services —————–.-…———-….-.-.——-
302-305
H a rule . ………… 335
How authorized and accomplished .–……–.—…-.-.—.-
337
Prices, how ked; payments .—–.._.—–.———–.—–
339
Quantities, limitation as to-.–……-..-.-.-..————–
338 86
What may be obtained by ..—–…..–.——————–
336 84
INDEX
Paragraphs Pags
Occupied territory-Continued.
Sovereignty does not pass fo occupant —-.–.———-273 ———
73
Submarine cables —-.—-..————–.-….—————-84
334
Taxes:
77
Applied first to cost of government —.——-.-._--293
…..—
Existing rules disregmded when- —-asasasasas
..-.——….. 294 77
Existing rules observed generally- ..-.–_———-.293 .–.—–
77
Local, subject to supervision ——.—…——-.296 -.–….–
78
Surplus, may be appropriated .———-.——–296 —–.—–
78
Telegraph and postal services —.———-.—.-281 —————-77
Ransportation, may be seized or regulated ..–.-..-.-.--.-.—77
292
Officers:
Active, neutral, must not join belligerents —-.———-374 ——–
92
Captured (see Prisoners of war).
Gain, private, forbidden in occupied territory–. –.–..—-.-328 —
83
Interned by neutrals, parole of —–.—.-.—–.-.——
383,386 93,94
Liability of, for ordering war crimes —–.—–.-.—–.347 -…—–
86
Opening of hostilities (see Hostilities).
Outlay forbidden . . 31 9
Plmentas. .22&234 61
Abuse of flag of truce, what constitutes –..—-..——-.-..234 —-
64
Accompanying party, composition of —–.–…….——.230 -.—
63
Autholization, written, must be carried …–.–…—-… 226
..——62
Belligerent sending, must cease firing —–…——-.-.-234 ——–
64
Darkness, attempts to send during –__-.-.….—–…–227 ——-
62
DeBned_-.—-..—.——-.——–.–220,221 —-…—-.-…—–
61
221,230 61,63
Fire not to he directed on .-.-~~..~–~..——226 ———–
62
Detention 01, when authorized, etc- -…-.-…—.–..-.——-228,232 62.64
Escorts for ——–.-.-.————-…—–
..—-.———–
Flag, white, to be borne hy —-..-….-..-.—-..————–
221,230 61,63
Foimalities for reception ..—–…..—–.-.———.—–
228,229,231 62,63.64
violabit, foeited ow . . 233 64
Inviolability, right to -.–.-.——-..-.-.–..—-221 –.-.———-
61
Reception. .228-231 62
Soldiers should know mlos concerning –.–.-.—.—-.—.-61
222
White flag, cessation of flre —.———…..——224 ———
62
White flag, sigdcance .–.-.—~–~~~~223 ~–~~——–
62
White flag to be carried by.-.————-..—221 ————-
61
Paroles (8eePrisoners of war).
Pasports, military:
De 236 66
Distinguished from safe-conduds –.—————238 ——–
66
Nanerabl 238 66
Revocation and lapse ~—–~-~-.—~–239 ————————-
86
Peaceful population:
Distinguished from armed forms –.——.-.—-—————
8
Must not be injured, etc–~ .—.——-.——-————6
19
Penalties (see Violations of Iue lax of war). PerEdy, acts of, forbidden-. —————-……….7.m
24 UPI
Paragraphe Pages
Fie: In occupied territoryforbidden 328,330
-..——-rrirrirrirrirrirrirrirri—–
Of town or place forbidden —–.—-.———-.—————-
61 Pirates of war .———-351
-…—————-Poison, use of prohibited- -..——-.-.-.————————.-.-
928
Police of battlefield …………………….. 176 e m of w (ch. 4 ) 70-172 Accused, not aompelled to admit guilt —–.———–.-.–.—-
134
81
Addresses of, belligerents to inform each other of ———-.——
Agents:
Facilities to he accorded to .———..-.————-.
117
1IG
Right to appoint; duties –~-.-.——-~~~——–…
73
Armed prowlers not treated as-.——.————–352
Are Inpower of enemy power .—..-.———-.——-
— — —…
Attach&, neutral, not held as.-.—————————-
77
Authentication of signatures ——-…-114
————-..
BeUigerests must notify each other of captures .——-.—-.-..-
81
112
Books, may receive shipments .—–~.—————–.
Bureaus of information for —-……—..———–…
163,165,166 Burial of deceased; death certiilutes .-…——————.162 Camps: Canteens in–~——~~—.~~———————.
85
Hygiene in —~.—~-~~—–~…———-.—–
86
Infirmaries—~——-.——–.——-
87
Installation.—.———-..—–.——–
83
O0icers’, personal services in——.————.-..———
95
To be commanded by o5cers ————————.
——-91
Clanteens to be installed in camps –.————-.——–..-.-
85
Censorship of correspondence –.———.———-. 113
Central agency for information –.—-.—~———..
165
Civil ofticials may be made —————————.–.—
76e, f
Civilians following armies may become .———–.—-.-.——
76 b
Clothing to be supplied .–.————————–
85
Coercion to obtain information forbidden .———-.-.1111 —–78
…-
Collective punishments forbiddw ————.–.——-.—-
84
Complaints, right to make ———————-..———.–.
115,140
Confinement of forbidden; exceptions —.–.———.———–
82
Correspondence:
Censorship and suspension ————————-113
Exempt frompostal charges, etc ..—.———-..———–
111
General des affecting .————————–..
–109 Measuresfor, to be published .——–.——————
108
Parcels, may receive by mail– .-.—————.—.——-
110 Telegrams, are allowed to send-. .—–.——-.————-
111
With families,to be permittad— —.-_.—-81
———–. Death penalty; notice of; stay of execution ………………….. 139 Deceased; burial;death certificates—-.-.-.–, 162 Dehition —–~—~————-.—–
70
Discipline (see Punishments of).
Paragraphs Prisoners of war-Continued. Dfsorldmtions between based on what 75
–.—-..—–.titititititititi..
Dispersed, commissions to search for ———.-.—-.—-.—–.-
161
Documents, etc., transmission, etc ——-.——.—-.——–..-
114
Effects and money of .——–._—.-.———————–.—
79
Entering neutral territory, treatment .-.-….-…-..—.——–.
389
Escapes; attempting and assisting; punishment ….—.-.——
123,124
Evacuation————————————-.——.———
80
Exchange:
Cannot be demanded; cartel -..——————————
156
Cod…….. 158
Made only after complete capture —-…—-.—–..-..—..
157
Spies, war traitors, and war rebels excluded -.—–.—-.—..
160
Elubstitutions arranged by cartel ——-.—-.—.—…—–
159
Exposure to combat ftre forbidden ———_—————.—–
82
External relations:
Publication of measures —-.—–108
————-.———.—
Rubefhting—……………….. –.———-.—–.-
109-114
Food ration to equal that of troops -.—–.——-..—…—.—-
84
Forcin~to take part in operations, forbidden- ——————-36
From sanitary units, maintenance, pay, etc ———–.———.
187
Funds belonging to, disposition .-.—.—————————
87
Geneva Oonvention of 1929:
Applies to what persons -.–.—-.—————————
72
Relation to Hague Regulations —.————-.——-..—
71
Text to be posted in camps, etc -.—–..—-..——-.——-
168
Gifts for, postage and duty free ——-.———————.—
111
Graves———–.—————————————-.—-
162
Highway robbers not treated as..————————-.——
351
Hospitalization inneutral country– -.-… ……141-145
Hos~itslizationto be provided .-.——.-.———————–
87
Hostaga are treated as——–.———..——–.———–
76h, 359
Humanity, must be treated with —._—–..——————.-
73
Hygienic measures required of captor —-.-.-.——————-
86
Imprisonment:
During trial to be deducted from sentence. ——.-.-.——-
120
Forbidden exmpt for safety andsanitation——-.———–
82
Infirmaries to be established for -.———-87
…………………
Information bureaus; establishment; duties -.-.-..——..-.—
163,165
dnformation bureaus exempt from postage and duties .-.–.–.—
166
inhabitants, certain, may be made .—.-.—–..–.————-
76g
Injuries while at wore compensation ………………………. 100
Insignia and decorations, may be worn by -..-.——————
92
Insults, must be protected against.. .-.—.—–..—–.-..–.—
73
International Committee of Red Cross. –… 165
–.—————–
Internment of –.—–.–..—.———————————–
82
Judicial prosecution of (see Punishments of).
Kitchea, may be employed In ….-.-….—.——————–
84
Labor of (see Work).
Paragraphs Pages prisoners of war-Continued. Language they understand to be used …-.—…-..-22
93
Laws and regulations of captor, subject to.. . 118
–.-.-.-..–..-….-29
Letters of (see Correspondence of).
Levee en masse. members of, may become -.-…-…-…-..-.-.-18
. 76d
Lodgings of, requirements for –.————- – —-. 83 20
—-.-.-.—.-
Maintenance, captor must provide for —-..-.—.—..-.—-17
-.-. 75
Maintenance while working for private persons.. ………..-.-.-101 25
Medical inspection to be held monthly– -..-.-.-…–. -22
…–..–88
Medical treatment to be provided -..—-..——–..—.-.-..-.-
87 21
Ministers of religion dowed to minister to–. ..-.-.-…-.-.-.-.-89 22
Money accounts —.—————-97 23
.—–…—.——.—
Must not be kept in unhealthful region .-.—.–.—..-.-82 20
Names and ranks, bound to give– -.-.–.—.–..——.-.-18
—–78
Neutrd attach& and agents are not –.–… -..-.—.—18
…..-.—77
Noncommissioned officers, do supervisory work -.—.-..-..-….-21
100
Offenses of, veraeation; procedure —–.-.-.—-..—————
120 30
See also Punishments of.
Officers and assirnil&
May be given work ifthey ask it..—–.-…——.—–.–.
100 24 Not to be confined with enlisted men ..—.——.—.——-
122 30
NotiEcation of titles and ranks required.. -.—.-94
.. -.—-.-.-23
pay; rate of exchange; reimbursement —-..—–.–.–.—–
96 23
Personal service, food and clothing ——.—-..—–.——-
95 23
Senior recognized asintermediary—-.-.–.–.-.—28
——–.-116
To be trested with regard to rank and age–..—.-.-.–..—23
94
Parcels by mail, may receive-. ———..—–.—–.-.-.—.—
110 Z7 Paroles..148-155 36 Allowance of discretionary with governments. –.—…——I53 37 Commissioned officers .—.—-.—.————-.—…—.-
151 37
Enlisted men must give through officers —-..——-…—–
150 36
Form and substance; in writing-.—-.–.—-.-.—.—…–.
149 36
General orderregarding, communicated to enemy ——-.–.37
153
Ineffectual when- -..———–.–…
-152 37
Liberty on, must be accepted voluntarily .-.-.—.-.———
154 37
May beliberated on; conditions ——..—-.——.—.—–
148 38
Violation of forfeits rights; trial -_–…-.—–.—–.———
155 37
Personal effects to be retained by —-.-.-.————-.———
79 19
Persons and honor to be respected —-.–..—–.—-.—-.—-.-
74 17 Pirates of war not treated as.———-.–..—.———.——-
351 87
‘Potable water to be provided for …………………………… 84 20
Protecting Power:
Notice to, of death sentences; stay ——.-….-.-.———–
139 34 Notice to, of judicial proceedings. -.-.-..–.—–.—-.——33
133 Notice to, of sentence imposed ..——–.–..—–138 34 Representatives of. to be facilitated -..–.-.——.———–
169 41 Right to complain to.- —-…————————–.—-28
115
To aid in settling differences.-. ….–.-..—..—.—..—-.-
170 42
Trials, may be represented at ..—-…–….—————–135 34
Paragraphs Pages Prisoners of wr-Continued. Punishments of: Aggravationofworking conditions forbidden- ——–_.-_.–25
106
Authorized and forbidden. .—..–…———————–
119 28
Cannot affect right of complaint -….—.–.-.—–.———
140 36
Collective and corporalforbldden -.-.——…—–..——-
84,119 %,29
Discrimination after, forbidden ..–….—..——.-..—–.-
121 30
For attempting or assistin5 escape -…——.-.————–
124 31
For escape, authorized and iorbidden —-….-_———–..-
123 31
For insubordination authorized –.-…-.—————-.-.–
118 29
Judicial:
Courts and procedure —.-…..-.—-..–.———-.—34
136
Death sentences; notice; stay —_——.-.————–
139 34
Imprisonment pending trial.. .–.-_…_–.–.——–..-30
120
Notice of sentence to protecting power -..—————-
138 34
Notice of trial to protecting power .——–.————.
133 33
Right of appeal ..–..–+———————–137 34
Right ofcounsel, etc –.—-……..———————-
135 34
Rig of defense ……… 134 33
Not to exceed those in army of captor ———-.-.—-…….
119 29
Offenses to be verified; procedure —–.——————–.-
120 30
Officersnot confined with enlisted men —..-..——-.——
121 30
Rank, deprivation of, forbidden –…..—-.————–.–
122 30
Repatriation not to be delayed by summary -.—-.-.–_—–
126 31
Second for same offense forbidden. -.—–.–..–_..——_–31
125
Summary:
Food restrictions as—-. 128 32
–.-..———.—————–
Further trictio o n -. -129 32
Imposable only by commanders -.———————–
132 33
Mamumlimits .-.—127 32
Medical care during -.-….—_–…—–.————-..
131 33
Or judicial, lenience in deciding ———-.—.——–..
125 31
Withholding mail as..—-.——–.—————-.-.-.
130 33
Rank, deprivation of, forbidden.—.——-.——.————-
122 30
Rations of ———–.——————————————
84 20
Ready money they are dlow~d to keep –_-.—.-_—————23
97
Recreation and sports .——-..——————————-.
90 2a
Relief societies, belligerents to assist.. .–.-.—–_———–.—
164 38
Relief societies may send books to camps -..———-.———-
112 27
See also Relief societies.
Religious privileges to be accorded -.————————.—-
89 21
Repatriated, use in active service iorbidden .——–.——-.—-
147 36
Repatriation:
Able-bodied long in captivity.——————————-
146 36
Armistice to include provisions for —.-.————.–.—–
161 38
Expenses of, by whom borne– -140 36
—-e——-e—–e———
Inspections with view to ….—..–.————–+——–143,144 %,36
Mixed medical commissions –.—————————-
142,143 36
Model agreement for sick nnd wounded …—-.—.——–
111,172 36,42
117
INDEX
Paragraphs Pages prisoners of war–0ontinued. Repatriation-Continued. Ybnishment, judicial, mny delay -.—.–.–.—–.——–
128,161
Punishment, summary, not to delay ……—.—————
128
Seriously sick and wounded .—.-.—..-.——.-.-..-.—
141,172
Victims of industrial accidents —–. — — —-144
-.-.———.-
Reprisals against prohibited —————..———–.——-
73,358 Retain full civilstatus—–.———–.———.—————
74
Saluting by, rules concerning —–.-.—-.. 91
…..—…-.——-__
Sanitary personnel, captlu’ed, treatment of …..-.——…-.—
186,187
Segregation of, according to race —-.–.–…———-..–.-.—
82
Seriously sick and wounded to be sent back ….-.—..——.-
141,172
Sick and wounded (see Sick and wounded).
Soldiers captured while violating armistice are —–.————-270
Special conventions concerning- ———–.—..-.—– — .—
—167
Spies captured after rejoining own army -.—…..-…..—-.—-
212
Gtatus of captives left to courts —,——————.-.——-.-
13
Subject to laws, regulations, etc., of captor —_—._-_–.-.——-
118
Summary execution of captives forbidden .—_-13 Tobacco, are permitted to use —.———-.———–.–.—–
84
Transfer; rights upon.———–.——-98,99
.——.-.-.—-.–.—–
Treatment of, in general ———————-.-..-.-.—-.–.—
73,74
Unable to identify selves, procedure. .—–.——–.–.———
78
Violence, must be protected against —-.—.-.—-.-.—-.—–.-
73
War rebels not treated as–.—————-.———.–.—–.-
349
Who have right to be treated as———.—-..-.—————
76
1 death ; bur.. 162
With troops taBing refuge in neutral territory .-…-.—–.-.-.—
389
Women, tobe treated with regard due sex .—_–.—–…——-
74
Work:
Authorized; care while working——-..———————
100
Detachments; sanitary conditions; food, etc .—–.——-.—
108
For which unIit prohibited —.——–.———.———–
102
In kitchens, may be required ————.—————–.-
84
Length of day; weekly day of rest …-.—–.—.—–.—-.-.
103
O5cers and noncommissioned officers. -.—-.-.——-.—–
100
Related to war operations prohibited-. …………………. 104
Unhealthful or dangerous forbidden– –.—-..—–..——-
105
Wages and payment .–_—-.———-.-.—-.——….—-
107
Wounded and sick, captured ———-.———–.————-
76c
Projectiles: ArtilIery, may contain explosives –.—–34
.—————.——-
Causing unnmaryinjury forbidden .–.–.——————–
34
Property: Captwed belongs to Government .—.—..———————-
327
Enemy, destruction of authorized .–.–.-……–24c
-. ——-.-.-.-.
Enemy, in occupied territory (see Occupied territory). Protecting powers (see Prisoners of war).
Paragraphs Pagw
Provost conrts .-..—————————————————
!f 1
ROW~WS .—————-.—————————–.————-
a62 ~3
Punishments:
Of inhabitants of occupied territory (see Occupied territory;
inhabitants).
Of prisoners of war (see Prisoners of war).
Of spies (see Espionage and treason).
Of war criminals (see Violations of laws of war).
Qualifications of the armed forces (ch. 2)-..———————–.–
&W, 4
Quarter, refusal of, forbidden ——-._-nartnartnartnartnartnart..nartnartnartnartnartnartnartnartnartnartnartnartnartnartnartnartnartnartnartnartnart 33 9
Radio, in neutral states —————————–.———-
378,381,382 93
Railway material, neutrality rules concerning ……..—–..——.–97
402
Rebels, war_ ——–.——— – 38,87
—.-163,348
Red Crescent, emblem of sanitary service –.—…—————–
193-198 64
Red Cross:
Emblem, distinctive, use———…—-..——.-.–.——–
193-198 64
Insignia, misuse of, forbidden .–.———.—–..—–..
41,44,196,19s 11,65,66
Society, American National —.._-._—-…—–.——….—
171,184 42,61
See also Relief societies.
Bed Lion and Sun, emblem of sanitary service ….—_———–.-64
193-198
Relief societies:
Buildings and material of, private property -.————.-.—–
190 53
For prisoners, tobe facilitated ———.———-..—–…—–
184 39
Of neutralcountries ~~.eseseseseseseseseseseseseseseseseseseses.–eseseseses.eseseseses…eseseses 185 61
Personnel assimilated to sanitary personnel ..–.—.—–.——-
183 60
Prisoners camps. may send books to –….—–.-.._————-
112 27
Recruitingfor, permitted in neutral territory- .——–.———
370 92
Red Cross. International Committee —.-..——————–.. 42
171
Red Cross, only authorized American.. –..—184
——————51
Use of distinctive emblem by ..–.———.———————
198 68
Volunteer, for sick and wounded ..-..————————–
183-185 53
Religion, buildings devoted to, protected ..————————–
68-80 14
Religious freedom:
Accorded:
Inhabitants of occupied territory 289,300 78
–..——-tstststststststststststststststs
Prisoners o w——————80 22
Repatriation (see Prisoners of war).
lleprisals:
Against inhabitants of occupied territory ———.————–
344 86 ‘b Against prisoners of war forbidden ..—————————-17.89
73,368
For violations of laws of war ….–.——————————
31 89
Requisitions (see Occupied territory).
Revenge:
Acts of, prohibited —.—.————————————–
25 7
Reprisals never adopted for -..–.-..-.-….———————-
36% 88
Reward, for enemy “dead or dive”, forbidden ….—–…—–….–
a1 9
Robbers, highway, defined …-…-.-..———–.——.——–.-
361 87
Rulea of war:
Basic rules and prinaiples..—-M 1
.—-.–.—-.——-.—.-.—–
Definitions……..-…….—-.-..—.—-…-.-…..-……-.. 1-3 1
119
INDEX
Paragraphs Pages Rules of war-Continued. Force of. .——–.—-.—-.————————————
6 a
Unitte, deed .. 3 1
Violations and penalties (see Violations of the laws of war).
Written, defined ~..-.~~-.-~..————-.
2 1
Bllses of war:
Authorized——–.~-~——37 —-..
10
Legitimate and forbidden, examples -..——–..——–..
……39,40 10,11
Mustnot involve treachery or perlldy -.-_————-39 -.-.—-.-
10
Use of ms, insignia, and uniforms as -.-.——-.-.–.—-43 —….
11
Bafe-wnducts:
For goods, deflned ——~..-~–~-237 ———–.
65
For goods, in whose hands honored -.—.———.. ..–65
238
For porsons, deflned —–.—–~~——236 ———…
65
For persons, distinguished from passports .….—.-.-…—–.-66
238
For persons, nontransferable -~..—..——-238 –..
65
Licenses to trade -~————-..–241 -….
66
Neutral diplomats may be given —.-.-……–216 61
–.——…——
Revocation and lapse ——–.—–.–…—239 —-.—-
66
Bafeguards:
Defined-~-~..~——~——–241 ———-….
66
Soldiers acting as, inviolability-. ——.——..—–242 —…—–
66
Banltarp formations and establishments (see Sick and wounded).
Bcience, buildings devoted to, protected- –..–.-..–.—..–14,81,82
58-60,318,319
sick and wounded (ch. 5) ………………….. -.—–..-… 47
173-201
Abandoned, sanitary personnel to be left with .-.—-.-.—–.174 —
47
American National Red Cross —–..–….—-.-.–.-42,bl
—….—171,184
Bombardments and sieges, spared in ….-._…..–.——-..-68,69 —
14
Captured, are prisoners of war -.—-.–.—–.-..—.–.-…–.-
76c, 175 18,47
Care and treatment of, in general –._.-.–…..-.—-.174 –.——-
47
Oonvoys of evrmstion .———–..—–..–.
191,192 53,54
Death of, dutiw of Captor ——–.–.—-..–.-…..—–
162,176,177 38,47,48
Distinctive emblems, use———.-.—….–..-…193-198 -.—-..
54
—–.Duties of neutral powers toward-. ….——-.-. .—.39C-304
..–95
Entering neutral state, rules Con~rning 3W94 95
.—–.-.rin.rinrinrinrinrin…rinrinrinrinrin
Evacuation:
Convoys oI; vehicles; how treated .—-.——–.-.-
——-191,192
Geneva Convention of 1928:
Belligerents to provide for execution of –.———-.—.—–
l9Q
Infractions; investigations; action..——.—…–
——.. 201
208
publication to troops and peoples -._.—–.——-..–…
Replaces prior conventions- ——— — –.-….–. 178
Hostages to insureprotection of ————.– – … ….. 369
Humanity, to be treated with- ———–….—-..—….. 174
-.-..–..
Information to be exchanged ————-.——-177a
Inhabitants may be asked to care for–. ——–. . -178
.——-.
International law, applicable to ..—–.—…—————….
175
lnterned in neutral state —————-..————
—172,3*394
Marmders robbing, punishment ——-.———1765
Paragraphs Biekand wounded-Continued. Neutral powers, duties with ralation to–. -.————.—-
.-390-394
Red Cross distinctive emblem …………………………… 193-198
Red Cross Society, American National._ —-.——-.–.—-_-
171,184
Robbery and ill-treatment, protected from ………………….. 178
Sanitary buildings and matbriel, use.. -.—._—___—-..—..–
189
Sanitary establishments, fixed —-.——————-189
—..-..—
Sanitary formations:
Aircraft as sanitary transport ………………………….. 192
Arms and ammanition found with ……………………… 181
Aims, may carry for self-defense. ………………………. 181
Buildings and materiel of, captured ……………………189,190
Convoys of evacuation treated as………………………. 191
Distinetive emblem, use ……………………………..193-198
Distinctiveflag………………………………………. 196
Bed t e n…………………………………. 189
Guards for, treated as members………………………… 181
May be employed by captor …………………………… 188
Netr fls……….. …………………………… 197
Protection, acts which do not forleit ……………………. 181
Protection, ceases when ..—–.——.——-.–
f~-.
.-.-..——-180
Self-defense, meaning …………………………………. 181b
To be respected and protected. ——-.–.—-..—-.—.—.179
To retain materiel and personnel- ……………………… 188
Banitaw personnek
Brassards with distinctive emblcm …………………….. 196
Captured, maintenance, pay, eta ………………………. 187
Captured, to be retuned to own army ………………….. 186
Distinctive emblem, use.-. ………………………….. 193-198
Entering neutral territory- ……………………………. 396
Identity, to camy proof of ……………………………… 196
Must be left with abandoned ………………………….. 174
To be respected and protected …………………………. 182
Transportation persome1 treatcd ………………… 191,192
Bearch of battleflelds; lod armistice..-.————.————
176
Spared in bombardment and siegcs ………………………… 68,69
Special agreements for beneflt ……………………………… 176
Transfer……………………………………………. 98,141,172
Transportation, vehicles used for- ……………………….. 191,1Q.2
Treatment of, ingeneral………………………………… 174
Volunteer aid societies …………………………………..183-186
Biegea……………………………………………………… 61-60
Besieged place:
Attacker may forbid communication with. ……………… 67
Certain buildings to be spared ………………………….68-60
Permitting neutral diplomats te leave– ………–………. 62
Permitting population to Iwve- ……………………….-81,62
Persons expelled from, flrlng upon. —.-.——–.——-.–.
66
Paragraphs Blege~Oontinued. Besieged pl-Oontinued. Persons expelled may be driven back. .—–..–..-..——..
55
64
Persons leaving or entering without permission -.—–.——
53
Persons dwelling between opposing forces ……-.–.————-
Signs, to distinguish protected buildings, etc —.———.——-.—
59,BO
soldiers: Captured (see Prisoners of war). Captured while violating armistice –.-.———————–.-
270
Comprising safeguard, inviolable- —–.———————242
–.-
Reprisals by, forbidden .——.—-~~-.~-.——-.
358b
Sick and wounded (see Sick and wounded). Bpiw (see Espionage and treason). Stratagems, authorized -.—————–. 37
.—– —
Submarine cables.-. ——-~~-~—————-…
334
Submarine mines (see Mines).
Summary executions, prohibited –.——-.——.-
.——13,32 Summary punishments (see Prisoners of war; punishments). Supplies, appropriation of in enemy country .————————
24d
See also Occupied territory. Surrender (see Capitulations). Suspension of arms (see Armistice). Sutlers, captured, status ..—~~-~—~—————–
76 Telegraph and telephone, inneutral states- ——————-. 378,381,382 Territory, enemy, occupation and government of (see Occupied
territory).
Torpedoes:
Aerial, authorized .~~.-.-~–~——————
31
Use of certain kinds forbidden.—..———–.———-
69
Tome, forbidden ~-~~—~–~———-.——-..
25 Train mecking, authorized ~—~—–.———–.—
36
Treachery, forbidden ———–~–.————–.
30
Treason (see Espionage and treason).
Trial, for wsr crimes, right —..-.-.———————–
356
Troops (see particular subtopics).
Truce (see Armstiee).
Undefended places, attack upon forbidden .—-.–..——~–.
44 46
uni(orm, enemy, misuse of forbidden .-.—. —.—.—44
-.——–.
,Violations of the laws of war (ch.11) 345-368 Armed forces, principal offenses –.-.-.———————-
347
Armed prowlers .–~-.—.———————
352
Belligerents:
Injured, remedies —~.~-~.———————
346
Offending, liability ———-.——– — ———-.
-.. 345
Responsible for acts of armed form ——.-..—————-
345 86
Oollective punishments for —————–343,344,358d 85,86,89
punishable by penal codes. -.–.——-.—————.-
355 88
Miscellaneous————.–..–.—–.
.. 354 88 Death penalty may be imposed for- -..—.—————–. 89
.. 367
Paragraphs Pages Violations of the laws of wa~–Continued. Execution, summary, forbidden -..——————————
13 6
Highway robbers and pirates of war- -.——-.—–.-..-.——-
351 87
Hostages may be taken to insure against -.–.—–.————–
359 90
Hostile acts by persona not of armed forces 348 87
-.———–D9D9D9D9D9D9D9D9D9D9
Individual offenders:
Liable to sentence of death .-.-.——————————
357 80
Bight of trial —————————-.
356 88
Marauders–~~~——————……….
353 88
Miscellaneous crimes and offenses-. – – -…….— — -… 354 88
Piratesof war-~——-~——-~.———-………
351 87
Protest and demand for punishment ….——……-.———–86
346
Publication of the facts -.–.—–…-.-.-.———…..
346 86
Punishment for, may be death -.—–.-…-.———..-……
357 80
Reprisalsfor-.~.-~—————~-~-~-~-…………
358 80
Trials for, right ..—. –.———.. 356 88
-.——-.-.-.—.
War rebels, defined; punishment– ————.———.–…..
349 87
War treason; examples ………………………………….. 87
350
Volunteer aid societies .—~-,-..~.~~~———–
183-185 60
See also Relief societies. Volunteers, may be part of armed forces —————–.———–
9a 4
War:
Declaration 14-15 8
Object 22 7
War crimes (see Violations of the lam of war).
Warfare, measures authorized and prohibited (see Hostilities).
War rebels:
Are not exchanged ——….——–38
———.180
Defined—-.-.——–~~———-.———-
349 87
Wartraitors (see Espionage and treason).
Wireless, in neutral state.. .- — — — – – –.——-93
. 378,381,382 Works of art, damage to forbidden -…-.-.———————-
-318 81
Wounded (see 8idi and.wounded).
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