Department of the navy manual opnav p22 -1115

Department of the navy manual opnav p22 -1115

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Department of the navy manual opnav p22 -1115

DEPARTMENT OF THE ARMY FIELD MANUAL FM 27 -5
DEPARTMENT OF THE NAVY MANUAL OPNAV P22 -1115

This manual supersedes War Departmfflt Fidd Manual 27-5 and Nao'Y D<partment OpNa. 50E-3, 22 Du<mber 1943
UNITED STATES ARMY AND NAVY
MANUAL OF
CIVIL AFFAIRS
MILITARY
GOVERNMENT

LOGOS OF USA WAR OFFICE AND USA NAVY DEPARTMENT
DEPARTMENTS OF THE ARMY AND NAry • OCTOBER 1947
For sale by the Superintendent of Doc.Jments, U. S. Government Printing Office,
Washington 25, D. C. • Price 20 cents
PROPERTY OF U.S. AAMY THE JUDGE ADVOCATE GENERAL'S SCHOOL LIBRARY
DEPARTMENTS OF THE ARMY AND NAVY Washington 25, D., C., 14 October 1947 Department of the Army FM 27-5 and Department ofthe Navy OpNav P22-1115, United States Army and Navy Manual of Civil Affairs/Military Government, is published for the information and guidance of all concerned. [AG 300.7 (20 Aug 47)]
DWIGHT D. EISENHOWER
Ohief of Staff United States Army
OFFICIAL:
EDWARD F. WITSELL
Major General
The Adjutant General

C. W. NIMITZ,
Ohief of Naval Operations United States Navy
OFFICIAL:
J. L. McCRAE
Vice Admiral,
Deputy Ohief, Naval Operations
(Administmtion)

ARMY DISTRIBUTION:
WDGS Divs (10) ; WDSS Divs (10) ; AAF (25) ; AGF (25) ; T (25) ; Dept (10) ; Base Comd (5) ; Def Comd (10) ; AAF Maj Comd (10) ; Arm & Sv Bd (1) ; Adm Sv (5); Tech Sv (10) ; Gen & Sp Sv Sch (10) ; USMA (10); ROTC Sch Sr Div (1) ; ZI and overseas: A (25) ; CHQ (10) ; D (10) ; B (5) ; R (3) ; AF (25) ; W (5) ; G (3) ; Overseas only: Bn (2); C (1); S (2); Special distribution.
For explanation of distribution formula, see TM 38-405.
"'1.,.: •.•••
CONTENTS

Para­graphs Page
SECTION I-GENERAL.......................... 1-9 1

II.     
CA/MG RESPONSIBILITIES AND FUNC.

,
TlONS ............ _.... __,...... _.. 10-12 17

III.     
ORGANIZATION AND OPERA.
TIONS........ __.................. 13-20 31

IV.
PERSONNEL. ....... _' ........... _... 21-23 45

V.
PLANS AND ORDERS............... 24-27 50

VI-PROCLAMATIONS, ORDINANCES,
ORDERS, AND INSTRUCTIONS. __ .. 28-30 56

VII.
MILITARY TRIBUNALS.............. 31-32 63

INDEX . ............................__ ............ _. . . 69


III
BLANK PAGE
This manual supersedes War Department Field Manual 27-5 and Navy Department OpNav 50E-3, 22 December 1943

SECTION I
GENERAL

. 1. PURPOSE, SCOPE, AND DEFINITIONS. a. Purpose and scope. (1) Military necessity requires in the con­duct of operations, as well as in the fulfillment of obli­gations imposed upon invading forces under interna­tionallaw, that such forces institute control of civilian affairs by military government or otherwise in the occu­pied or liberated areas.
(2)
This manual states the principles to be followed by the Department of the Army, the Department of the Navy, and their subordinate agencies in planning and exercising control of civilian affairs by military gov­ernment or otherwise in territory occupied or liberated by the forces of the United States. It is for the use of the Army and Navy, whether they are acting alone, jointly, or in concert with forces of allied countries. Such terms as "commanding officer," "military," and "forces" have reference to either or both branches of the service.

(3)
The principles laid down in this manual will be followed in all planning by the Departments of the Army and Navy and their subordinate agencies, unless otherwise directed. As tq minor policies and details of execution, responsible commanders are permitted to depart from the directions herein so far as may be neces­


sary to permit the plan of military government in any area to conform to and to be integrated with the plan ,of military operations.
(4)
War Department Field'Manual 27-10 (Rules of Land Warfare) sets forth the restraints upon the dis­cretion of the theater commander and subordinate com­manders, when dealing with persons and property in occupied and liberated areas, and their obligations under international law.

(5)
This manual is intended for the use of the follow­ing categories of Army and Navy personnel:

(
a) Responsible commanders, for an understanding of their responsibilities, duties, and scope of authority.

(b)
Staff officers, for planning, training, indoctrina­tion, and operation.

(
c) Commanding officers or officers in charge, as an operational guide.

(d)
Instructors and training officers, as a text for use in schools, unit training programs, and in the indoc­trination of personnel.

b.
Definitions. (1) Oivil affair8/military govern­ment (OAIMG). CA/MG encompasses all powers ex­ercised and responsibilities assumed by the military commander in an occupied or liberated area with respect to the lands, properties, and inhabitants thereof, whether such administration be in enemy, allied, or domestic territory. The type of occupation, whether CA or MG, is determined by the highest policy making authority. Normally, the type of occupation is dependent upon the degree of control exercised by the responsible military commander.

(2)
lIfilitary government. The term "military gov­ernment" as used in this manual is limited to aIld de­


fined as the supreme authority exercised by an armed occupying force over the lands, properties, and inhab­itants of an enemy, allied, or domestic territory. Mili­tary government is exercised when an armed force has occupied such territory, whether by force or agreement, and has substituted its authority for that of the sover­eign or previous government. The right of control passes to the occupying force limited only by the rules of international law and established customs of war.
(3)
Oivil affairs. The term "civil affairs" as used in this manual is defined as the assumption by the respon­sible commander of an armed occupying force of a degree of authority less than the supreme authority assumed under milit.ary government, over enemy, allied, or domestic territory. The indigenous governments would be recognized by treaty, agreement, or otherwise as having certain authority independent of the military commander.

(4)
Occupied territory. The term "occupied terri­tory" as used in this manual means any area in which CAjMG is exercised by an armed occupying force. It does not include territory in which an armed force is located but has not assumed authority.

(5)
Liberated territory. The term "liberated terri­tory" as used in this manual denotes a specific form of occupied territory, and is defined as allied or domestic territory which has been recovered by action of an armed occupying force from enemy occupation or from rebels treated as belligerents.


2. AUTHORITY FOR ESTABLISHMENT. The rules of in­ternational law and the established customs of war provide the authority for the control by CAjMG and
. , .
such control must be exercised in accordance therewith. The exercise of such control is assumed by the occupa­tion of an area by force or ,agreement. The important rules of land warfare which govern the Armed Forces of the United States are set forth in War Department Field Manual 27-10 and Technical Manual 27-251.
3.
COMMAND RESPONSIBILITY. The theater com­mander bears full responsibility for CAjMG; therefore, he is usually designated as military governor or civil affairs administrator, but is authorized to delegate his authority and title, in whole or in part, to a subordinate commander. In occupied territory the commander, by virtue of his position, has supreme legislative, executive, and judicial authority, limited only by the laws and customs of war and by directives from higher authority.

4.
REASON FOR ESTABLISHMENT. a. Reasons for the establishment of CA/MG are either military necessity as a right, or as an obligation under international law.


b.
Since the military occupation of enemy territory suspends the operation of the government of the oc­cupied territory, the obligation arises under interna­tionallaw for the occupying force to exercise the func­tions of civil government looking toward the restoration and maintenance of public order. These functions are exercised by CA/MG. An armed force in territory other than that of an enemy similarly has the duty of establishing CA/MG when the government of such territory is absent or unable to function properly.

c.
CA/MG is not confined to a belligerent occupa­tion. Under international law and the United States Constitution it is recognized that military necessity may ryquire the establishment of CA/MG in the follow­


ing cases with or without consent of the existing or prior government in the territory concerned:
(1)
Allied or domestic territory which has been dom­inated, occupied, or is threatened by an enemy.

(2)
Domestic territory recovered from rebels treated as belligerents.


5. PURPOSES. a. The purposes of CAjMG are as follows:
(1)
To assist the military operations.

(2)
To further national policies.

(3)
To fulfill the obligation of the occupying force under international law.

b.
Assistance to military operations is rendered by­

(1)
Maintaining order.

(2)
Promoting the security of the occupying forces.

(3)
Preventing interference with military opera­tions.

(4)
Reducing active and passive sabotage.

(5)
Releasing combat troops from civil administra­tion.

(6)
Mobilizing local resources in aid of military ob­jectives.

(7)
Preventing epidemics.


6. DEGREE OF CONTROL EXERCISED BY OCCUPYING FORCE. Initially in an enemy territory strict control is necessary if the objectives of military government are to be achieved. In allied or domestic territory, co­operation from the officials and inhabitants thereof will permit greater latitude for action by local officials acting under broad policies and general supervision of the occupying forces in pending or future operations. As
762054'--47----2
conditions in an occupied territory approach normal, the control exercised by CAjMG may be relaxed. The supervision of the occupying ,force may become less direct and supreme authority may finally be released to a recognized power. Under CAjMG the degree of control exercised by the occupying force may vary ac­cording to the following:
o.
Future military operations.

b.
Current military, political, economic, social, and other pertinent factors.

c.
Prior agreements between the government of the occupying forces and the government of the territory occupied.


7. RECIPROCAL RESPONSIBILITIES OF OCCUPYING FORCE AND INHABITANTS O.F OCCUPIED TERRITORY.
o. The occupant has the right to demand and enforce from the inhabitants of the occupied area such obedience as may be necessary to effect the following:
(1)
The security of his forces, and accomplishment of the objectives of war as limited by international law and established custom.

(2)
The maintenance of law and order.

(3)
The reasonable administration of the area.

b.
In return for such obedience the inhabitants shall be granted freedom from all unnecessary or unwarranted interference with their individual liberty and property rights.


8. PERIOD OF CONTROL. o. The period of time dur­ing which CAjMG control is maintained will vary, de­pending on the following:
(1)
Continuance of military operations.

(2)
The use of the area as a base for future operations.

(3)
Status of the territory as to its belligerency.

(4)
The degree of cooperation of the inhabitants.

(5)
Policy regarding the future status of the occu­pied territory.

(6)
Other military, political, economic, and social considera tions.

b.
As long as military operations continue, some de­gree of control will be necessary. CA/MG may extend beyond such operations until it achieves the over-all objectives toward which the operations are directed.


9. MISSION, PRINCIPLES, AND POLICIES. o. Mission.
The mission of CA/MG personnel is­
(1)
To assist military operations (primary mission during combat).

(2)
To assist the commander of the occupying force in fulfilling the obligations, imposed upon him under international law and the customs of warfare, to the civilian population.

(3)
To further national policies (primary mission after combat is over) .

b.
Principles. (1) Military neoessity. Military ne­cessity is the primary underlying principle in the con­duct of CA/MG. The prosecution of a military operation to a successful conclusion is the primary con­sideration. It is the duty of a commanding officer to exercise the necessary control and to take the necessary steps in relation to the civilian population which will attain the paramount objective.

(2)
Supremacy of oommanding offioer. The basic principle of military necessity requires that the theater commander must always have full responsibility for CA/MG.

(3)
Scope of activities of OAIMG personnel. Whereas tactical personnel are primarily concerned in combat operations, CA/MG personnel are primarily concerned in handling civilian' relationships in order to further the attainment of the mission. Close adher­ence to this principle in the organization and assign­ment of duties result in the greatest economy of personnel. CA/MG personnel will use and coordinate and will not parallel or duplicate the capabilities and special skills of the administrative and technical serVIces.

(4)
FlewibiZity of plan. Since the conditions under which CA/MG operate will vary widely in a gi"\(en area as well as between different areas, flexibility of action must be provided by the preparation of alternate plans in order to meet the rapid changes and alterations which may occur.

(5)
Oontinuity of plan and personnel. CA/MG must be planned and conducted to provide for a con­tinuity of policy and efficient utilization of personnel. Frequent changes in policies and procedures reduce the effectiveness and prestige of the administration, while inefficient use of personnel deprives the occupying forces of the services of personnel who may be used elsewl,lere. Itis essential that directives as to such policies and pro­cedures be transmitted to responsible echelons in time to allow for planning and promulgation.

c.
Policies. (1) Treatment of population. (a) In­ternationallaw requires, and military necessity dictates, just and reasonable treatment of the inhabitants of the area in which the occupying force operates in order to minimize their belligerency and obtain their coopera­tion. The cooperation of the inhabitants, where it can


be secured without endangering the success or ultimate fulfillment of military objectives or international poli­cies, is of direct advantage to the occupying' forces in maintaining public order and accomplishing the objec­tives of CA/MG, thus furthering the military objectives, For humane reasons the welfare of the inhabitants should be maintained and safeguarded as far as military requirements permit, but the primary purposes of such treatment are to facilitate the military operations and to meet the obligations imposed by international law .
. Such treatment will directly assist the occupying forces in establishing and maintaining law and order and pro­curing labor, services, and supplies, but should not pre­vent the imposition of the restrictive or punitive meas­ures necessary to accomplish the mission assigned.
(b) The treatment accorded the population will vary depending upon the attitude of the people toward the occupying force, their degree of cooperation, the degree of their economic, political and social development, and the political and military policy of the government of the occupying force, In order that CA/MG may be carried out in the light of the local situation and its requirements, CA/MG personnel should be fully in­formeu concerning the local population, their customs, institutions, and attitudes. In determing the treatment of the civilian population the following should be considered:
1.     Less restrictive measures will be necessary in dealing with nationals of friendly countries than when dealing with nationals of enemy countries.
13.     Under military government the taking of hos­tages, the imposition of collective fines, or the carrying out of reprisals may in some instances become a military necessity. Such measures should be ,taken only as a last re­sort and then only in order to force a hostile population to desist from unlawful prac­tices. Careful consideration should be given to determine whether such acts will serve as a deterrent or whether they might aggravate an existing difficult situation, as such steps, when taken, indicate a weakness of the occupying force and inability to con­
trol the civilian population.
3.     If necessary, force may be used to subdue resistance to the authority of CA/MG or to prevent escape of prisoners or persons sus­pected of crime. Persons accused of a crime will be given a fair trial before im­position of punishment. Sentences of mili­tary courts will be proportionate to the offense and the need for a deterrent effect; however, maximum punishment will not be awarded automatically. The customs and habits of the population and the types of punishment which have been found to be most effective in that particular locality will determine the nature of the sentence to be imposed and the manner of execution, that is, whether private or public.
(2) Retention of existing laws, customs, and political subdivisions. Except where they conflict with the aims of military government or are inimical to its best inter­ests, and to avoid confusion and promote simplicity of administration, local laws, customs, and institutions of
,
government will be retained. For similar reasons it is advisable wherever possible to retain existing political territorial divisions and subdivisions.
(3)
Retention of local government departments and officials. (a) The military governor, or civil affairs administrator, may temporarily discontinue or suspend offices and departments which are unnecessary or detri­mental to CA/MG.

(b)
In the case of military government, since supreme legislative power is vested in the military governor, existing legislative bodies will usually be suspended.

(c)
In the case of military government, high-ranking political officers and other administrators will usually be removed from office. Such removal will include the nominal and actual heads of the national government, cabinet ministers, and heads of the principal political divisions. No permanent appointments to such posi­tions will be made by the military governor without approval of higher authority because of the political implications of such appointments. Government offi­cials who are members of unfriendly partisan organiza­tions will ordinarily be removed from office as will other officials who are considered to be unreliable or untrust­worthy. Wilful failure of those officials who have bBen retained in office to perform their duties satisfactorily will be regarded as basis for removal from office.

(d)
Subordinate officials and employees of the local government will usually be retained in their respec­tive offices and will be responsible for the satisfactory discharge of their duties subject to the direction and supervision of the CAIMG personnel.

(e)
In some areas, because of the domination of for­eign power, the indigenous civilian population may have


had a very limited participation in the government. The local civil officials may have fled upon invasion, or if they have remained, it may be inexpedient or un­safe to continue them in office; therefore, it may be nec­essary for CAjMG officials to train local personnel to assume the responsibilities and duties of the offices which have been vacated.
(f)
CA/MG personnel will, as far as practicable, deal with the civilian population of the occupied ter­ritory through these officials and employees who are retained or appointed. Upon removal of an official, a replacement will be made from among the inhabitants who by training and experience are best qualified to assume the duties of the office vacated. In the selection of officials, care and consideration will be given to their reliability, their willingness to cooperate with CAlMG, their positions in the community, as well as their other qualifications for the position. Except in unusual cir­cumstances, appointments from a political faction or clique, regardless of their frendly sentiments or attitude, will be avoided. CA/MG personnel will, if possible, confine themsel ves to supervision and will a void assum p­tion of the duties as operating head of a political sub­division or a department of government.

(g)
Except upon direction from higher authority, the existence of local political personalities or organized political groups will not influence CA/MG policies nor ­will CA/MG personnel make any commitments to or negotiations with any local political elements.

(h)
Persons who continue in or are assigned to local public office may be accused of disloyalty because of co­operation with occupation forces by hostile inhabitants of the area, and their persons and property may be


threatened or endangered. ·Where necessary, protec­tion will be provided to such threatened persons and their families by the CA/MG.
(4) Political pri8oner8. Persons imprisoned by the previous government for political or racial reasons will be released only after investigation. They will be warned that political activity on their part inimical to the policies of CA/MG will not be tolerated. Plans should be drawn for the housing, care, processing, as well as for the :r:epatriation of such released persons.
(5) Economic policy in relation to oC<J'/1!pied areas.
(a) The basic economic policy of the United States CA/MGis­
1.     To revive and stimulate the economy in the area in order to reduce to a minimum the needs of the occupied area for United States and allied assistance.
13.     To develop the area as a source of supply for further operations; and to use available goods and services for the satisfaction of immediate military and civilian needs.
3.     To augment the economic rehabilitation to the extent necessary to accomplish the objectives of the occupation.
(b) To accomplish the objectives stated in (a) above, the following will be necessary:
1.     Equitable distribution of food, fuel, medicine, and clothing.
13.     Reestablishment and control of the essential industries, public utilities, transportation, communications, and trade.
3.     
Institution of control over prices, the domestic flow of goods, imports and exports, money and banking.

4.     
Institution or continuance of a rationing sys­tem and other forms of control to suppress black-market activities.


762054°-47--3
(0) Decisions must be made as to what types of eco­nomic activity are most important and surveys will be made to determine what usable facilities and undevel­oped resources are available. Normally plans will be made for the rehabilitation of agencies for the resump­tion of essential output in agriculture, manufacturing, mining, forestry, fishing, and in the service trades. In order to accomplish the above it may be necessary to do the following:
1.     
Provide agriculture and industry with essen­tial equipment and materials from domestic sources or through imports.

2.     
Establish labor pools to provide the labor supply required for army and civilian activities.

3.
Assure regular and adequate hours of work.

4.     
Control labor organizations and prevent wage IncreaEies.

5.     
Establish priorities for the use of scarce iteD;ls and allocate material for specific uses.

6.     
Supervise and in some cases assist in the man­agement of industries.


(6)
Health of inhabitants of oocupied area. Safe­guarding and improving the health of the civilian popu­lation in an occupied area is necessary, not only for humanitarian reasons, but to protect the health of the occupying troops; therefore, through use of indigenous resources and personnel to the fullest extent possible, the following steps must be taken:

(a)     
The dead must be buried.

(b)
Garbage and refu~e collection must be organized and sewage disposed of.

(c)
The water supply must be protected from con­tamination and pollution.

(d)
Food inspection must be established.

(e)
Malaria and insect control must be instituted and other necessary steps taken to prevent the spread of disease.

(f)
Necessary medical care must be provided for the civilian population.


(7) Respect for religious customs and organizations.
International law requires that religious convictions and practices be respected. Consequently, places of re­ligious worship will not be closed unless necessary as a security or sanitary measure or unless there is evidence that an undesirable nationalistic or political ideology is being practiced under the guide of religion. How­ever, the practice of any customs or the observance of any traditions which do not violate civilized concepts may be permitted.
(8)
DiscTi1J~inatory laws. Discriminatory laws based on race, color, creed, or political convictions will be repealed as soon as the situation permits.

(9)
Freedom of speech and pTess. To the extent that military interests are not prejudiced, freedom of speech and press will be instituted and maintained.

(10)
Protection of aJi'chives amd recOTds. Since ar­chives and records, both current and historical, of all branches of govermnent of the occupied area are of immediate and continuing use to CA/MG, it is essential to seize and protect them.


(11) Seizure and protection of mail and documents.
Since mail and documents found in post offices and
lS
other central communication centers is a source of valu­able intelligence information to the occupying forces, such mail and documents will be seized and protected and immediately made available to the intelligence agencIes.
(12) Protection of shrines and works of art. Except where military necessity makes it impossible, historical and cultural monuments, works of art, and religious shrines will be preserved.

SECTION II
CA/MG RESPONSIBILITIES AND FUNCTIONS

10. RESPONSIBILITY OF ARMY AND/OR NAVY IN OC­CUPIED AREAS. Depending upon the nature of the operation, responsibility of the Army or Navy for the control of CA/MG in ocupied areas will be determined by the Joint Chiefs of Staff of the United States Army and Navy or by the Combined Chiefs of Staff of the United States and its Allies. In general, it is expected that the responsibility in continental areas will be dele­gated to the Arm, while control of CA/MG in small island areas and in some ports will be delegated to the Navy. CA/MG staff sections or units may be composed of naval and/or army personnel, and staff sections may be assigned to staffs of Army or Navy.
11. PROBABLE POLITICAL, ECONOMIC, AND SOCIAL CONDITIONS EXISTING IN OCCUPIED AREAS. CA/MG
personnel will probably encounter one or more of the following conditions existing in the occupied areas affecting their functional responsibilities:
a. Political conditions. (1) Civil administration may have broken down either wholly or in part and responsible officials may have fled or have been deposed; or, if still holding office, may be unreliable.
(2)
The local public safety agencies may have been disorganized, resulting in rioting, looting, property damage, and other forms of civil disturbance.

b.
Economic conditions. (1) The economic life of the area may hav~ been reshaped to a "new order" or disrupted by a "scorched earth': policy of a retreating enemy.

(2)
Agricultural and industrial activities may be paralyzed or disrupted resulting in a serious shortage of foodstuffs and other essentials as well as the means of transport thereof.

(3)
A large number of people, if not the entire popu­lation of the area, may be without adequate food or shelter and great numbers may be unemployed or without any means of support.

c.
Social conditions. (1) The enemy may have im­ported forced laborers from foreign areas who will seek repatriation. There may also be displaced persons whom it may be advisable to repatriate.

(2)
Public and private welfare institutions may have been wholly or partially destroyed.

(3)
The water supply may be disrupted or polluted.

(4)
The injured and wounded civilians may have received little or no attention and the dead may not have been buried. Medical supplies may be scarce and the health and morale of the population under­mined. There may be few facilities available to aid in the prevention of the spread of diseases.

(5)
There may be a scarcity of professional personnel such as doctors, lawyers, engineers, and other specialists.


12. FUNCTIONS. The primary functions of CA/MG personnel during hostilities is to further the mission of combat forces in every way possible, such as by ad­ministration of the civilian population so as to prevent interference with military operations, and by reconstruc­tion of civilian administration and the economy so that local resources in manpower and essential materials may be utilized to further the military operations. The du­ties ofCAjMG personnel will involve a variety of activities since the responsibility of the commanding officer may range from controlling a few simple func­tions of government in a small, isolated, rural region or primitive island, to controlling the many and com­plicated functions of government in a large, densely populated, industralized continental area. CAJMG personnel are charged with performing or supervising the following functions in their respective areas:
a. Maintenance of law and order. CA/MG person­nel are charged with the reestablishment and mainte­nance of law and order and the security of persons and property in their areas. To accomplish this they will­
(1)
Prepare, issue, and enforce the necessary procla­mations and ordinances concerning the conduct of the inhabitants of the area among themselves and toward the occupying force.

(2)
Collect and take into custody all arms, ammuni­tions, explosives, and other implements of war.

(3)
Reestablish the police force and, if necessary, supplement it by military police, or shore patrol.

(
4) Establish procedures for the prevention, detec­tion, and prosecution of crime.

(5)
Control the sale of liquor and narcotics.

(6)
Establish control of traffic.

(7)
Administer jails and prisons.

(8)
Reestablish the fire department, or establish a new one.


b. Participation in political government and admin­istration. CAjMG personnel are charged with the su­
pervision of and, in rare instances, the actual adminis­tration of the chief political offices of the government such as those of the chief exe~mtives, ministers, secre­tariats, and other high-ranking executive or adminis­trative officials on the national, provincial, or municipal levels. Arrangements must be made for the screening and elimination of officials who do not meet the require­ments established by the occupational directives.
c. Establishment of courts and administration of law.
CAjMG personnel are charged with the following:
(1)
Establishment and administration of military commissions, provost courts, and special military gov­ernment courts, and their jurisdiction and procedure.

(2)
Supervision, control, or closing, if necessary, of local, criminal, and civil courts.

(3)
Supervision of members of the local. bar.

(4)
Decisions as to modifications or suspension of local criminal and civil laws.

(
5) General legal ad vice and assistance on all aspects of the occupation.

d.
Civilian protection. In order to relieve the occupy­ing forces of as much responsibility as possible for the welfare of the civilians in the event of bombing, shell fire, or other military operations, CAjMG personnel are charged with the establishment, supervision, and strengthening of existing local organizations for civil­ian protection in order to provide for air-raid warning, black-out shelter, fire fighting, emergency medical care, evacuation, demolition, rehabilitation, and other acti vi ties.

e.
Civilian supply. CAjMG personnel are responsi­ble for­

(1)
Obtaining supplies for civilian relief such as food, clothing, shelter, and medical aid through ac­cepted channels to­

(
a) Meet minimum subsistence standards to prevent such widespread disease and unrest as would endanger the occupying force, and to meet the objectives of the occupation.

(b)
Preserve order among the inabitants to enable them to carryon with such agricultural, industrial, com­mercial, and other activities as may be of direct benefit to the occupying force.

(2)
Establishing local organizations for the admin­istration and distribution of civilian relief supplies.

(3)
Providing other essential civilian goods which may be necessary to the reestablishment of law and order.

f.
Public health and sanitation. In order to improve or; preserve the state of public health and to protect the occupying forces, CA/MG personnel are charged with­

(1)
Control, prevention, and treatment of disease.

(2)
Rehabilitation and supervision of hospitals.

(3)
Furnishing of medical and sanitary supplies.

(4)
Protection of food and water supplies.

(5)
Disposal of sewage and waste.

(6)
Arrangements for the treatment and evacuation of wounded civilians.

(7)
Promulgation of such other medical and sanitary measures as are deemed necessary.

g.
Civilian censorship. Censorship of civilian com­munications will normally be established in -the very earliest phases and may continue throughout the period


762054°--47----4
of occupation in order to maintain military and civilian security and to obtain intelligence information. There­fore, its operation by CA/MG will require close liaison and cooperation with the military intelligence staff and other agencies from which censorship policies and directives emanate.
h. Civilian communications. CA/MG personnel will­
(1)
Cooperate with signal or communication officers in the use of civilian communication systems by the oc­cupying forces.

(2)
Assist the tactical troops and civilian agencies


in the reestablishment, control, and supervision of civil­ian communication facilities.
i. Civilian transportaton and other public utilities.
CA/MG personnel will­
(1)
Cooperate with the appropriate arms and serv­ices in the reestablishment, control, and supervision of all transportation facilities and public utilities needed for military use.

(2)
Reestablish, control, and supervise all trans­portation facilities and other public utilities needed for essential civilian use.

j.
Port duties. CA/MG personnel will establish and maintain liaison with naval authorities afloat and ashore and will render assistance to port directors in­

(1)
Control and movement of civilians within port areas, including those who live on houseboats and small harbor craft.

(2)
Procurement and control of necessary civilian labor for port activities.

(3)
Handling and routing of supplies ashore and inland.


k. Control of currency and banking. CA/MG per­sonnel are charged with­
(1)
Execution of policies concerning currency as fixed by higher authorities, such as the designation of the types of currency to be used and the rates of exchange.

(2)
Supervision of the issue and the use of all types of money and credit, and establishment of proper con­trols over use of military and indigenous currencies used by occupation forces.

(3)
Provision of currency required for use by the occupation forces.

(4)
Prevention of financial transactions with enemy occupied or enemy territory.

(5)
Control of foreign exchange transactions.

(6)
Declaration of debt moratoria.

(7)
Closing of banks if necessary.

(8)
Guarding of banks, bank funds, safe deposit boxes, securities, and records.

(9)
Providing interim banking and credit needs.

(10)
Liquidation, reorganization, and opening of banks at appropriate times.

(11)
Regulation and supervision of credit coopera­tives and other financial agencies and organizations.

(12)
Making arrangements for the rapid reestablish­ment of pension payment facilities or other monetary services required to maintain normal living conditions in many foreign areas.

(13)
Establishment of appropriate procedures for recording costs of occupation and maintenance of such

(1)
Supervisions and audit of the budget, revenues, and expenditures.

(2)
Supervision of the collec~ion of taxes, fines, and assessments.

(3)
Handling of public funds, including revenues from government monopolies and levying of contribu­tions, and the provision for necessary financial facili­ties for civil administration.


records.  
I. Public  finance.  CA/MG personnel  are  oharged  
with­
23  

m. Control of commodities, prices, and rationing. ' CA/MG personnel are charged with­
(1)
Supervision and distribution of food and other supplies.

(2)
Establishment and control of prices, rationing, and other measures to prevent hoarding and black­market activities.

(3)
Regulation of exports and imports.

(4)
Allocation of imports for local distribution.

(
5) Control, under existing policies, of requisitions and purchases by the military from the local economy.

(6)
Establishment of policies for the rehabilitation
of the local economy.



n. Agriculture. CA/MG personnel are charged with
furthering maximum agricultural production through­

(1) Establishment and administration of food pro­
duction programs, reclamation and conservation of . lands.
(2)
Institution of policies for land reforms.

(3)
Improvement of agricultural methods.

o.
Industry and manufacture. CA/MG personnel
will develop and supervise essential industrial and man­
ufacturing facilities to­

(1)
Satisfy the immediate needs of the civilian popu­lation to prevent such widespread disease and unrest as would endanger the occupying force.

(2)
Further the military objectives of the occupying force.

(3)
Develop the production of goods for export to assist in defraying the cost of the occupation.

(4)
Further th@ long range United States and Allied economic and political policies.

p.
Commerce and trade. CA/MG personnel will take necessary steps to stimulate domestic trade to ensure normal distribution of essential civilian goods and thus further economic stabilization.


q. Labor relations. CA/MG personnel are charged with­
(1)
Procurement of labor to assist the military forces.

(2)
Procurement of labor for rehabilitation and re­construction in the occupied territory.

(3)
Cooperation with other arms and services in the establishment of a standard wage scale, a schedule of hours of work, and of a policy for the equitable distribu­tion of available labor.

(4)
Supervision of labor organizations and the han­dling of labor relations problems, including provision for medical care and compensation in cases involving temporary disability.


r. Custody and administration of property. CA/MG personnel are initially charged with­
(1)
Custody and administration of all property and enterprises owned wholly or in part by an enemy govern­ment, or by enemy nationals of countries other than that occupied.

(2)
Custody and administration of all property and enterprises owned wholly or in part by other govern­ments, if taken over by the occupying forces.

(3)
Custody and administration of private property susceptible of direct military use and not in the custody of another branch of the armed forces.

(4)
Assisting in the formulation of policy for the requisition of private property for military use.

(5)
Assisting in the requisition of private property for military use under existing policies.


\
s. Information and intelligence. To maintain and improve relations between the occupying forces and the inhabitants of the occupied area, CAjMG personnel will interpret to the inhabitants thereof, the policies and purposes of the occupation through use of all media of information dissemination available, such as press, radio, and motion pictures.
t. Disposition, repatriation, or relocation of displaced persons and enemy nationals. CAjMG personnel are charged with the control, care, repatriation or other dis­position of­
(1)
Allied or neutral nationals.
. (2) Political prisoners and forced laborers.


(3)
Displaced persons, including demobilized mem­bers of the enemy armed forces and civilian nationals of enemy countries.

u.
Education. To develop democratic processes and principles, CAjMG personnel, through the integration of education with the social and political life of the area, are charged with­

(1)
Opening of schools.

(2)
Supervision of the educational system.

(3)
Revision of textbooks.


26
(
4) Prevention-of subversive or· harmful instruction.

v.
Public welfare. CA/MG personnel are charged with­

(1)
Assisting in the distribution of civilian relief supplies.

(2)
Supervision of public and private institutions for the care of the children, the poor, the physically and mentally handicapped, and the aged.

(3)
Reestablishment of local charitable and relief organizations to maintain the operati'on of such in­stitutions.

w.
Records and reports. CA/MG personnel are charged with keeping full and complete records for the military commander in all fields of CA/MG. Such records are essential data for use at peace conferences, trials before claims commissions, investigative bodies, arid for historical purposes.

x.
Coordination with other staff sections. (1) The­ater' of opemtions. Problems will arise which will re­quire coordination between CA/MG officers and other sections of the staff whether the operations be unilat­eral, joint, or combined. Members of CA/MG staff sections must establish relations with the members of other staff sections concerning mutual problems, and develop standard operating procedures which will in­sure expeditious action in fields of interrelated interests and activities such as coordination and supervision with­

(
a) The following general staff sections:


1.     {}-1. Procurement, classification, reclassifica­tion, assignment, pay, promotion, transfer, retirement, discharge, decorations, citations, honors, awards, leaves of absence, furloughs, rewards, and punishment of CAjMG per­sonnel, internal arrangements of head­quarters, personnel statistics, sanitation, burials.
93.     G-42. Collection and interchange of intelli­gence information relating to the enemy population; requisitions tor maps; regula­tion of censorship and other measures to preserve secrecy; counter-subversive ac­tivities.
3.     
G-3. Training of troops in CA/MG activities; use of signal communications, movements of troops; areas of operation or occupation; coordination of tactical and CAjMG plan­ning for current and future operations.

4.     
0--4. Procurement of supplies in enemy terri­tory; distribution of supplies to MG units; control and supervision of transportation and other utilities; evacuation and hospital­ization; salvage; property and funds; pro­curement of shelter and facilities; employ­ment of native labor; preparation of CAj MG annex to the administrative order; allocation of supplies for the use of civilians; integration of plans, including allocation of supplies for CAjMG.


(b) The following special staff sections and technical services:
1. Antiaircraft. Defense against air attack.
93.     Ohemical. Collective protective measures and arrangements for proper training of per­sonnel.
3.
Engineer.     Construction and maintenance of roads, docks, and utilities, and distribution of maps.

4.     
Headquarters commandant. Detail of order­lies and messengers. Messing and quarter­ing of CA/MG office space.

5.     
Provost marshal. Employment of military police on CA/MG duty. Control of con­duct of troops in relation to civilian popula­tion and the control and supervision of civilian circulation.

6.     
Signal. Use of military and commercial sig­nal communications.

7.     
Surrgeon. Health and sanitation, use of civilian hospitals for military purposes, allocation of medical supplies to the civilian population,' and care and evacuation of wounded civilians.

8.     
AdjutCllnt general. Distribution of routine orders, classification, reclassification, as­signment, promotion, transfer, replacement, discharge, decoration, citations, honors, awards, leaves of absence, and furlough. Supply of publications and operation of office procedure.

9.     
Judge advocate. Review of the records of the trials of civilians by military commissions and special military government courts.


1,0.     Quartermaster. Distribution of quartermas­ter equipment and supplies. Allocation, storing, and distribution of food and quartermaster supplies for the use of civilians.
762054°--47----5
11.     
Transportation. Use of transportation facil­ities by CAjMG personnel which is not organic equipment. ,

12.
Public relations.     Press, radio, motion pic­ture, and similar releases.


(2) Personal relations. Not only is it necessary for CAjMG personnel to know the functions of the various sections of the general and special staffs and the techni­cal services, but it is desirable that they cultivate cordial personal relations with the officers thereof. Teamwork between staff sections and services is essential. It is assured not only by staff conferences but by individual personal contact.


SECTION III
ORGANIZATION AND OPERATIONS

13. GENERAL. a. In operations carried out by the comlDined forces of the United Stares and its Allies, the formulation of policies and plans for CA/MG is exer­cised under the direction of the governments concerned.
b.
In operations conducted jointly by the United States Army and ~avy, the planning and formulation of policies for CA/MG is carried out under the direc­tion of the Joint Chiefs of Staff.

c.
Responsibility for Army or N ayy CAjMG opera­tions is vested in and exercised by the commanding offi­cer in a theater of operations.


14. DEPARTMENTS OF THE ARMY AND NAVY AND STATE DEPARTMENT ORGANIZATION. The military agencies designated by the Secretaries of the Army and the Navy to formulate CA/MG policies and plans are the Civil Affairs Division of the Department of the Army and the Office of Island Governments and the Office of Politico Military Affairs of the Department of the Navy. The civilian agency designated my the Secretary of State to formulate CA/MG policies is the Office of Occupied Areas of the Department of State.
a. Department of the Army organization. The Civil Affairs Division, Department of the Army Special Staff, is responsible for formulating policy, preparing plans, and taking action on CA/MG matters, including war crimes; and for insuring that the Secretary of the Army, the Chief of Staff, and interested divisions of the De­partment of the Army are pro12erly and promptly ad­vised on these matters. In addition, the Civil Affairs Division, in coordination with other Department of the Army agencies or agencies of the Government and inter­national or voluntary relief and welfare organizations, is responsible for­
(1)
Formulating policy and preparing plans for the conduct of CAjMG'activities.

(2)
Expediting handling within the Department of the Army of theater CAjMG problems in occupied areas.

(3)
Collecting and distributing CA/MG information to appropriate agencies of the Government.

(4)
Providing representation on the­

(a)
Joint Civil Affairs Committee of JCS.

(b)
Combined Civil Affairs Committee of CCS.

(
c) European and Far Eastern Subcommittees of SANACC.

(5)
Providing advice, guidance and assistance to the United States Representatives on FEC.

(6)
Formulating broad plans and policies for train­ing CA/MG personnel, both military and civilian, and preparing informational documents, manuals, etc., to be used in the instruction and training of all personnel on the subject of CA/MG policies and procedure.

b.
Department of the Navy organization. The Office of Island Governments and the Office of Politico Mili­tary Affairs divisions of the Office of the Chief of Naval Operations are responsible for formulating broad policies and plans, drafting basic directives and regu­lations, and training personnel for CA/MG in areas


of paramount naval interest. They are also responsible for coordinating with the Department of the Army on matters of joint CAjMG interests. In addition, it in­sures that the Secretary of the Navy, the Chief of Naval Operations, Theater Commanders, interested bureaus, and other divisions of the Department of the Navy are properly and promptly advised with respect to these matters. The Office of the Island Governments and the Office of Politico Military Affairs maintains liaison for the Department of the Navy with other agencies of the government and civilian welfare or relief organiza­tions and, in connection therewith, is responsible for­
(1)
Formulating policy and preparing plans for the conduct of CAjMG activities.

(2)
Expediting the handling within the Department of the Navy of CAjMG matters.

(3)
Collecting and distributing CAjMG information to appropriate agencies.

c.
Department of State organization. The Assistant Secretary of State for Occupied Areas is directly responsible to the Secretary of State for the coordina­tion of State Department policy with respect to all occupation matters. He shall­

(1)
Be the State Department member of the State-Army-Navy-Air Force Coordinating Committee (SANACC) on all matters of occupation policy.

(2)
Refer to SANACC, or to any appropriate sub­committee thereof, such policy matters as may require concerted study, consideration, or action.


15. ORGANIZATION AND CONTROL IN THEATERS OF OPERATION. a. Organization. (1) In theaters of op­eration the composition of the staff organization for
CA/MG planning, operation, and control will provide for the carrying out of the normal functions of CA/MG as outlined in paragraph 12. ,
(2)
The size, organization, and scope of the activities of a given staff in an occupied area will be determined by certain factors, including the mission of the com­mander, the structure and condition of the government existing in the area, the character and attitude of the people and officials of such government, and the geo­graphic, economic, and social" aspects of the area.

(3)
CA/MG staff functions are performed at all levels of command in theaters of operation. Within all echelons of command down to and including divisions there will be a staff section, which will be on a general staff level, to perform these functions. There may be a military situation not requiring the performance of CA/MG functions as far down as the division level. The various administrative and technical services will be required to extend their functions to include support of CA/MG activities.


b. Control. (1) Duringoombatphase. (See fig. 1).
(a)
During the period the theater is divided into a combat zone and a communications or naval advanced base zone, the theater commander exercises control over the combat zone through the commanding officers of field armies or naval fleet or task force commanders, and over the communications or naval advanced base zone through its commanding officer.

(b)
If, however, the theater is subdivided into zones of operation assigned to separate task forces, each of which has its own communications or naval advanced base zone, control is exercised through task force com­mander.s.

(2)
After aotive oombat has oeased. (See fig. 2.) As long as military government continues in the occu­pied area, the theater commander will exercise control through a separate CA/MG command. Only in unusual circumstances will CA/MG be in the tactical chain of command.


16. ORGANIZATION AND CONTROL OF ARMY COM­MUNICATIONS OR NAVAL ADVANCED BASE ZONE. a. Degree of organization. As occupied wrritory comes within the communications zone or the naval advanced base zone, greater attention must be paid to the per­manency of the area organization and further develop­ment of CA/MG organization. Efforts will be made to restore the normal functioning of the local govern­ment subject to CA/MG control at all echelons and to occupational directives.
b. Type of organization. (1) In the communications or naval advanced base zone, considerations of unity of command usually require that the zone and sulvordinate military administrative area commanders be given con­trol of CA/MG within their areas. Tactical command­ers in communication or naval advanced base zones are not responsilvle for CA/MG unless designated as zone commanders.
(2)
If the communications or naval advanced base zone'is not subdivided for purposes of military adminis­tration, the comanding officer of the zone creates a CA/MG command, and designates the chief of the CA/MG section of his staff as CA/MG commander.

(3)
If the communications or naval advanced base zone is subdivided for purposes of military administra­tion, the commanding officer of the zone exerCIses


CA/MG control through his subordinate area com­manders.
(4)
If the occupied territory5ncludes more than one country or island group, a MG unit will be detailed for each of the subdivisions in the highest political echelon. Sufficient personnel will be allotted for duty in the lower political echelons including cities.

(5)
The commander of a combat unit stationed in or passing through a locality in the communications zone will assume no CA/MG functions or authority except in an emergency, and will be guided by the established CA/MG policies and procedures.


17. TYPES OF ORGANIZATION. o. Generally speak­ing, there are two types of CAjMG organizations­combat and occupational. (See figs. 1 and 2.)
(1)
In the combat or wake of battle type, commanders of combat units or of military administrative areas are responsible for CA/MG functions within their respec­tive zones of operation or areas. The channel of com­mand of CA/MG personnel of one echelon to CA/MG personnel of a higher or lower echelon conforms to the operational or administrative chain of command.

(2)
In the occupational form following the combat phase a separate CA/MG organization is created under the direct command of the theater commander or under a subordinate commander. Under this form, the officer in charge of CAjMG of a given territory is responsible to the officer in charge of the next higher political sub­division for CA/MG of the area, and has command of any subordinate CA/MG personnel which may be as­signed to political subdivisions within his territory. The chain of command within the organization is direct


from higher to lower CA/MG personnel. Local CA/MG officers are not responsible to tactical unit commanders stationed in the area with regard to the administration of CA/MG activities, but will report direct to higher CA/MG officers.
(3)
It is a function of command to determine the type of organization to be utilized at any particular time or place. The system adopted may often involve features of each type. In many cases the operation will be progressive and one type of organization will pre­dominate in one portion of a theater while the other type predominates in another portion.

b.
CA/MG begins in the combat zone as soon as the area comes within control of the occupying or liberat­ing force. In active combat areas CA/MG is neces­sarily limited to the most essential functions in conform­ity with the military situation. Such functions are usually directly exercised over the civilian popUlation by the combat units of which MG troops will be a part. The initial handling of civilian problems i:f properly conducted can spell the difference between success or failure of the purely combat mission and may easily set the pattern for effective civilian cooperation. Such


. cooperation,     as the combat zone moves forward and occupation continues, will permit inestimable savings of both men and dollars.
c. In the combat zone, control on the principle of unity of command is paramount. Tactical commanders with the advice of their CA/MG s~aff officers will con­trol the civilian population within the zone of operation without regard to political boundaries. CA/MG units, of the occupational type, brought into the tactical area for the purpose of relieving tactical units of CA/MG responsibility, will be attached to the tactical command and orders concerning the control of CA/MG activities will be issued through the military chain of command, under which procedure operational control of these units may be delegated lily the tactical commander to his chief CA/MG officer. When the division moves forward the occupational type of CA/MG units pass to the control of the commanding officer of the next higher tactical echelon. In the combat zone, reinforcing occupational type MG units are initially attached to divisions.
18. ADVANTAGES AND DISADVANTAGES OF COMBAT AND OCCUPATIONAL TYPES. o. Combat. (1) A~d­
vantages. The advantage of control through combat and military administrative area commanders is that authority for all activities, civil as well as military, is concentrated in the hands of the commander who is re­sponsible fo1;' operations, supply, and evacuation. This insures that all activities, including relations between the occupying troops and the inhabitants of the occu­pied area, within the given zone of operations or mili­tary administrative area, will be coordinated in support of the operation for which the commander is responsible. It obviates friction and misunderstandings which are likely to arise when two mutually independent officers with overlapping responsibilities are present.
(2)
Disadvantages. The disadvantges of control through combat and military adminis'trative area com­manders are­

(
a) Such commanders, concerned with combat train­ing and operations, supply, and evacuation are apt to minimize the importance of CA/MG functions and ob­jectives.

(b)
The frequent and rapid movement of combat units results in lack of continuity in the implementa­tion of CA/MG functions due to the frequent changes in personnel.

(a)
Combat units will necessarily be disposed accord­ing to strategical and operational requirements and only by chance according to local political boundaries. Con­sequently, the territory assigned as the zone of oper­ation of a combat unit will usually embrace parts of the territory of numerous political subdivisions. To· a lesser degree this may also be true of the territory assigned as the area of a military administrative unit. In such cases the same set of local officials may receive orders from the commanders of all the operational or administrative units whose zone of operations or areas lie within or partly within the political subdivision.

(d)
As the headquarters of the tactical unit may not be located at the seat of the local government, in order to provide effective control over civilian officials the CA/MG section of the staff of the units may have to be divided into two echelons, one at the military head­quarters and the other at the seat of the government, with consequent loss of efficiency.

b.
Occupational. The advantages and disadvantages of the occupational type of organization are generally the opposite of those under the combat or wake of battle type.

(1)
Advantages. Some advantages are-a more effective and economical use of manpower, a greater continuity of policy and personnel, and a more efficient use of specially selected and trained CA/MG personnel.

(2)
Disadvantages. The chief disadvantage is that unity of command at a lower level is not usually estab­


lished since the local CA./MG personnel under the occu­pational type of orgariization are independent of the combat unit commanders operating or garrisoned in their areas or of the commanders' exercising administra­tive command for military purposes in the same area.
19. CA/MG STAFF SECTION. There will be created on the staff of the theater comander, a CA/MG staff section, on a general staff level, charged with planning and responsibility for CA/MG activities. Appropriate sec­tions will also be created on the staffs of subordinate commanders.
a. Duties of chief of section. The duties of the chief of CA/MG section are­
(1)
Under direction of the commander, to prepare and keep current detailed plans, policies, and procedures for CA/MG activities in the area to be occupied and to coordinate such plans, policies, and procedures with chiefs of other staff sections.

(2)
To advise and assist the commander in all mat­ters of organization, supervision, and control of CA/MG in the area occupied, or to be occupied, and to interpret for him from a CAjMG viewpoint the charac­ter of the people, the nature of the government, and the specific problems likely to be faced in the territory.

(3)
To have prepared, in appropriate languages, proclamations, ordinances, and orders to be issued in the name of the commander, or in the name of the recognized authority.

(4)
To keep subordinate commanders currently ad­vised concerning CAjMG situations, plans, and policies.

(5)
To secure from all sources information of CAjMG interest, and to evaluate such information for purposes of­

(a)
dissemination to other interested agencies.

(b)
utilization for planning for future CA/MG op­erations.

(6)
To maintain constant liaison with other general and special staff sections in order to effect over-all co­ordination.

(7)
To assist the supervision and coordination of the work of United States and Allied civilian agencies in CA/MG activities.

b.
Internal organization. The chief of every CA/MG section will need to make pr~vision for the following activities; however, on a small staff, several of these activities may be performed by a single officer:

(1)
Administrative. (a) Deputy. A large section will require a deputy, who will assist the chief of the staff and act for him in his absence.

(b)
Executive officer. The chief of the section, ex­cept in small sections, will.require an executive officer to coordinate the management of the office and to handle special assignments. The executive officer may have assigned to him assistants who will perform the duties of an army adjutant or navy executive and supply officer.

(2)
Functional. The CA/MG section will be staffed to perform functions including public health, legal, fiscal, public safety, handling of displaced persons, and others. For a detailed description of the functions to


. be performed by CA/MG officers see par,:-,graph 12.
c. Personnel of other services. In joint operations, the commander should include in the CA/MG section representative personnel from other services. It is nec­essary that close liaison exist between Army and Navy CA/MG personnel. If the occupation is primarily an army operation, naval CA/MG personnel should be attached to the section for liaison. Ifit is a naval oper­ation, particularly, if control is tQ be taken over later by the Army, it is essential that army CA/MG personnel be attached to the naval section.
d. Personnel of other nations. In combined opera­tions involving the forces of the United States and its Allies, CA/MG personnel of the participating nations should be represented on the staff section.
20. MILITARY GOVERNMENT (MGJ UNITS. a. General.
For purposes of training and employment all CA/MG personnel are assigned as military government officers and enlisted men to military government T /0 &E units. These units are MG teams, platoons, companies, and groups, and MG staff sections of armies, corps, and divisions. They are designated as MG units though they may perform either civil affairs or military gov­ernment functions as the situation requires. Personnel for such units and staffs are organized and trained at appropriate training centers in the zone of interior. Civil affairs or military government staff sections for headquarters other than armies, corps, and divisions, and special civil affairs or military government organ­izations will be organized as required.
b. Principles of organization. (1) With the excep­tion of staff sections and MG cellular units, personnel are organized into separate units which are self-sufficient for their own administration, security, and supply. These units are capable of operating alone or as part of a larger unit.
(2) MG units will not normally be trained or organ­ized for pin-point assignments while in the zone of in­terior, but will be trained for general area assignments.
These units may be reorganized for definite assignments after reaching the theater of operations, and after it is definitely known what their final assignment will be.
(3)
The platoon, company, and group are each made up of cellular units. Their strength and functional character may be increased or decreased by addition or subtraction of appropriate cellular units. The person­nel assigned to these units will be given combat and general military government training. It will contain the military specialists necessary for operating as a separate unit.

(
4) Highly qualified functional specialists will be or­ganized into teams (cells) for utilization on higher MG Headquarters Staffs and with group or companies when necessary.

c.
Principles of employment. (1) In those areas where it is deemed necessary, because of density of popu­lation, terrain features, characteristics of people, or nature of occupation, to attach a MG company to an infantry division or its equivalent, that company will remain as a part of the division during the time that it takes to complete a particular combat operation.

(2)
In large operations a MG command unit will be :formed for each corps and army. This unit will be the command and operating agency for all MG companies assigned in the corps or army area. This command will be organized on.a TjO & E of a group.

(3)
Depending upon the nature of the operation and upon over-all plans there will be a number of MG platoons, companies, groups, and cells in both army and theater reserve.

(4)
To prevent confusion and for effective control of the civilian popUlation, MG companies will take over


control of the civilian population as early as possible in the forward areas. Ordinarily these companies will relieve com~at troops of military government responsi­bilities at the time an area passes from division to direct corps control. These companies will remain in place in the area to which assigned and will pass from control of the corps MG command to the army MG command and from the army to the control of OA/MG he~d­quarters in the communications zone.
(5)
A OA/MG national government headquarters for each occupied country will be formed in the theater from appropriate personnel. This headquarters will begin to operate under the theater commander or his appointed military governor as quickly as army rear areas pass into the zone of communications.

(6)
MG group and companies under the national government staff, responsible for political subdivisions the size of provinces or states, will assume direct control of MG companies whenever areas in which these are. installed pass from army to zone of communications control. Depending upon the circumstances, these groups, while in theater reserve, may be reinforced or reduced by addition or subtraction of cellular units.

(7)
As the zone of combat advances and conditions become more settled in the rear areas, the number of MG personnel needed to control the area will decrease. In this event MG units will be relieved, reorganized, re-equipped and returned to theater reserve for further assignment.

(8)
Depending upon conditions found or expected to be found in an occupied area, MG units may be rein­forced by attachment of units such as military police, quartermaster truck companies, engineers, etc.





SECTION IV
PERSONNEL

21. PLANNING AND PROCUREMENT. a. Responsibility of commanders. Th~ theater commander is responsi­ble that careful estimates of the CA/MG personnel reqirements be made and requisitioned well ahead of any planned occupation. Such units and personnel, when furnished, will be assembled in the theater under the command of the theater commander, and will be reor­ganized and given additional training if necessary. Assignments of units and personnel will be made to armies, corps, and divisions sufficient to meet their anticipated needs. The general principle will be fol­lowed that CA/MG activities will be steered by specially trained personnel using and coordinating the capabili­ties and special skills of the administrative and tech­nical services. However, during the early combat phases such activities may necessarily have to be performed by combat troops. In the early phases of the occupa­tion, after cessation of hostilities, it may also be neces­sary to assign combat troops and units to CA/MG duty. Such personnel if not qualified in CA/MG activities should be relieved from that duty as soon as'"trained CA/MG personnel are available.
b. Responsibility of Departments of the Army and Navy. (1) The .Department of the Army through its Civil Affairs Division and other concerned staff agencies is responsible for maintaining plans for the mobilization and training of CAIMG personnel in the zone of in­terior. In the event of the mobtlization of the Armed Forces of the United States, personnel having the re­quired military occupation specialties will be drawn from the Regular Army, the Reserve, and National Guard components of the Army, and from correspond­ing components of Navy, for detail to CA/MG.
(2)
Personnel assigned to CA/MG will be given the required training in appropriate CA/MG schools and will be organized into units at appropriate CA/MG training centers.

(3)
Staff personnel for division and higher com­mands will be assigned when such units are activated.

(4)
Corps and army military government headquar­ters and headquarters companies will be activated in the zone of interior. Such units will train with their respec­tive headquarters and will accompany them to the theater of operations.

(5)
MG companies will be given field training with divisions, corps, and armies in the zone of interior.

(6)
MG group headquarters and headquarters com­panies, MG companies, and MG cellular units will be shipped to the theater of operations in accordance with theater requirements.

(7)
Replacement personnel required by theaters of operations and units in the zone of interior will flow through the normal channels established for the re­placement of military personnel.


22. TYPES AND QUALIFICATIONS. a. General. CA/MG personnel requirements are classified by mili­tary occupation specialty, each of which gives the gen­eral qualifications of the position. Position vacancies in units and staffs will normally be filled by personnel having the required military occupation specialty class­ification. The personnel qualifications required by CA/MG are numerous, and in addition to the normal military occupations available in the Army, many CA/MG positions can be filled only by personnel quali­fied by civilian training and experience.
b. Officers. CA/MG officers can be readily classified as follows:
(1)
Higher staff section chiefs and deputies. These Dfficers must have a thorough knowledge of military organization, tactics, and military staff procedures. They should have command ability and must have a thorough grounding in CA/MG principles, policies, Drganization, and procedures.

(2)
Higher staff functional specialists. Officers in this classification must be highly qualified through edu­<:ation and experience in such fields as public finance, public health, commerce, industry, agriculture, price control and rationing, public welfare, labor relation, law, etc.

(3)
Unit commanders and executives. These posi­tions are to be filled by officers with a thorough knowl­edge of military organization, administrative proce­clm'es, and command experience or comparable civilian experience in an executive or administrative capacity. They should have thorough grounding in CA/MG prin­ciples, policies, and procedures.

(4)
Unit officers. All junior officers assigned to MG .units must have had combat and general CA/MG train­mg.

c.
Enlisted personnel. (1) Military administrative and service personnel. Enlisted personnel assigned to purely military functions will,be selected by military occupation specialty classification only. Such person­nel will not receive specialized individual CA/MG training, but will receive CA/MG unit training.

(2)
Specialists. Enlisted men of this category will be carefully selected on the basis of military and civilian background and training. After selection they will be given specialized training in their functions at CA/MG schools and appropriate training centers.


23. TRAINING. a. In the zone of interior. (1) In the event of mobilization there should be CA/MG school (or schools) for training of both officers and enlisted personnel in the principles, policies, organization, op­erations, and procedures of CA/MG.
(2)
An appropriate CAjMG training center should be established in connection with the CA/MG school. Units will be organized at this training center and ini­tial unit training will be· completed there. MG func­tional teams will receive specialized training at the train­ing center. Training in areas and peoples will be given to all personnel passing through such installations.

(3)
, A language school should be established at appro­priate training centers for the training of interpreter and translator teams, and for the training of selected officers in the languages of the areas to be occupied.

(4)
A prescribed schedule of unit training will be completed at appropriate training centers by all units. Upon the completion of unit training MG companies will complete a period of field training with combat units.

b.
In the theater of operations. In advance of an oc­cupation, all MG companies should train with the corps and army MG commands to which they will be attached during the operation. This "training should include not only the CA/MG aspects of the operation but also the necessary military training peculiar to the operation. This training period should give the unit commanders opportunity to become acquainted with the various MG Staff's and the tactical and service units with whom they will have to deal in the occupation.


SECTION, V
PLANS AND ORDERS

24. RESPONSIBILITY FOR PLANS. CAIMG planning is a part of the planning for military operations.
a.
State Department and Departments of the Army and Navy. The office for Occupied Areas of the State De­partment, the Civil Affairs Division in the Department of the Army, and the Office of Island Governments and the Office of Politico Military Affairs in the Depart­ment of the Navy, subject to the policies formulated by· SANACC and under the supervision and direction of the Joint or Combined Chiefs of Staff, are responsible for the preparation of the CA/MG portion of the strategical and logistical plans for military operations. The CA/MG plan of the Departments of the Army and Navy, usually brief and general, is transmitted to the theater commander in the form of a JCS directive con­taining the broad political and economical policies to be followed.

b.
Theater of operations. CA/MG planning is a command responsibility at all echelons. The actual preparation of the plan, in accordance with the directive of the commander, usually devolves on the chief of the CA/MG section of the staff.


25. BASIS FOR PLANNING. In formulating plans, in­cluding logistic and supply plans for the occupation of any area, the following factors may be considered (this list is not exhaustive) :
a.
Recent history of the country.

b.
Organization of its government, including the titles, functions, backgrounds, and names of officials who are in a position to help or hinder the mission of the occupying force.

c.
All known facts which may affect the mission, such as political parties, functions and cleavages, unofficial persons wielding political or other power both in the central government and in political subdivisions.

d.
Geography, including location, area, topography, climate, and natural resources.

e.
Characteristics of the inhabitants of the country, such as numbers and proportions by race, religion, and political or other affiliation, and factors indicating prob­able attitude toward the presence of the occupying force.

f.
Local customs and traditions, sensitive points, ta­boos, and national or religious observances such as holi­days and sacred or forbidden places.

g.
Standards of living, including health and dietary habits which might affect the occupying forces. .

h.
Administration of justice, including tribal cus­toms and traditions.

i.
Forms of social courtesy toward different ranks among the inhabitants.

j.
Character of the population as to orderliness and obedience to law.

k.
Organization and possibility of future utilization of the police force and fire departments.

I.
Regulations and conditions regarding sale of in­toxicating liquors and narcotics.

m.
Existence of subversive or enemy groups who are potential saboteurs and ~pies.

n.
Organization and reliability of the civil courts in which offenses committed by civilians may be tried.

o.
Location and extent of development of agricul­ture, industry, and natural resources of the country which may affect the procurement of material, labor, and other supplies for the occupying force and the in­digenous population.

p.
Need for importation of civilian supplies in order to prevent disease and unrest among the civilian popu­lation.

q.
Financial structure, types, and condition of finan­cial institutions in existence; amount and types of cur­rency in circulation; attitude of population toward cur­rency; rate of international exchange; type of currency to be used by occupying forces.

r.
Current economic situation, including existing standard of living, amount of consumer goods available for purchase, and the effect which the presence of a well-paid occupying force is likely to have upon the economy of the country.

s.
Extent and probable consequences of damage caused by military operations upon the government, its institutions, and the economy of the country.

t.
Availability and adequacy of institut~ons, facili­ties, and services likely to affect the mission of the. occupying force or to be required by it, with particular reference to the capacity and condition of public works and utilities, including railroads, canals, harbors, docks, highways, bridges, rolling stock, motor vehicles, gas, electricity, waterworks, and sewage disposal system.

u.
Extent, location, and condition of all communica­tion facilities, such as postal system, telegraph, tele­phone, and radio.

v.
Public health; organization and current public health situation.

w.
Civil protection; its present organization and operation.


26. TYPES OF CA/MG ORDERS. a. Theater and task force commanders. These commanders may, accord­ing to circumstances, issue CA/MG orders as annexes to operational or administrative orders, or as routine orders when there is no direct connection with an operation.
b.
Military administrative area commanders. These commanders do not ordinarily issue field, administra­tive, or operational orders; consequently, CA/MG mat­ters will usually appear in routine orders.

c.
Operational unit commanders. CA/MG orders issued by operational unit commanders usually appear in a CA/MG annex to the administrative order which accompanies a field or operational order; in such case it is referred to in the administrative order. Ifshort, it may be included in the final paragraph of the adminis­trative order, instead of in an annex. When new ad­ministrative orders are issued, a new annex is also issued if necessary; if not, the final paragraph of the admin­istrative order may include the statement: "Civil Affairs/Military Government, no change." The annex is signed by the chief of staff, the executive officer, or the appropriate naval staff officer.

d.
Chief CA/MG officers. These officers ordinarily issue routine orders to subordinate CA/MG personnel.


27. CONTENT OF CA/MG ORDERS. The following is a check list of CA/MG matters which may be included in any order (this list ~s not exhaustive) :
a.
Information needed in order to insure intelligent execution of the field or operational order, if not already known to the subordinate or included in an accompany­ing field or operational order. This may include in­formation of enemy forces, of the enemy population, and any available support from agencies not under the command of the issuing officer.

b.
The general plan of the commander, except so far as it is already known or is included in an accompany­ing order.

c.
Designation of officers charged with CA/MG con­trol; creation of CA/MG commands; attachments and detachments of units, with time and place of each, in­cluding military police, marines, or shore patrol and missions of each.

d.
General instructions governing all subordinates, such as­


(1)
Security measures to be taken.

(2)
Controls to be established over civilian supply.

(3)
Measures to be taken to restore public order.

(4)
Records to be impounded and their disposition.

(5)
Directions for control or disposition of public funds.

(6)
Directions for authority to make requisitions.

(7)
Directions for handling enemy-owned property.

(8)
Currency to be used and rate of exchange.

(9)
Treatment of, or conduct toward, enemy na­tionals and local population and officials.

(10)
Special measures to be taken with regard to public institutions, banks, industry, commerce, labor, and other activities.

(11)
Authority to appoint military courts, and to approve and execute sentences; rules as to procedure j limits of punishments.

(12)
Authority to appoint and remove local officials.

(13)
Proclamations and general ordinances to be published.

(14)
Authority to issue ordinances of local applica­tion.

(15)
Reports to be made; when and where.

(16)
Location of the issuing commander.

(17)
Records and historical data to be maintained.


ss
SECTION VI

PROCLAMATIONS, ORDINANCES, ORDERS,
AND INSTRUCTIONS

28. INITIAL PROCLAMATION. a. Issuance. While not mandatory under international law, as soon as prac­ticable after commencement of an occupation, the theater commander, or an authorized subordinate, should issue to the inhabitants of the occupied territory a proclamation informing them of the fact of occupa­tion, the extent of territory affected, and the obligations, liabilities, duties, and rights of the population under CA/MG. Generally, this proclamation will have been prepared in advance and in accordance with directives from higher authority. Where occupation of a large area is proceeding by stages, it is proper to state that the proclamation will be applicable in adjacent areas as they are occupied .
. b. Form and character. (1) The proclamation should be brief and in simple terms. It should be pub­lished as widely as possible in English and in the languages of the occupied areas. Any translation should be idiomatic, clear, and concise.
(2)
The tone and character of the proclamation will vary in different territories and will depend upon a number of factors. Among them will be the following:

(a)
Military and political objectives to be attained in the occupied and other territories.

(b)
Strategic situation.

(c)
Existence or nonexistence of a recognized govern­ment on the ground or in exile.

(d)
Composition and disposition of the occupying forces, whether American or Allied.

(e)
Attitude of the inhabitants.

(f)
Historical and psychological considerations.

(g)
Extent to which control by CAIMG must be exercised in the particular territory.

(3)
It is advisable to address the population of an enemy country firmly, but the language should not be vindictive. In occupied areas, inhabited by a nonhostile population which is being freed from enemy domina­tion, the proclamation will be more friendly in character and may emphasize deliverance from a common enemy.

(4)
In occupation of neutral or Allied territory, lately held by an enemy, a manifesto may also be issued by the legitimate government supporting the occupation and calling upon officials and inhabitants to cooperate and to obey the rules laid dow:n by the commanders of such forces.

c.
Contents. (1) The initial proclamation will vary in content according to the circumstances of the occu­pation. Generally, important items to be covered are­

(
a) The state o~ affairs which exists.

(b)
A definition of the area and peoples to which the proclamation applies.

(c)
The extent to which the civil administration will be affected.

(d)
The manner in which the inhabitants are to conduct themselves.


(.e) The measures which will be resorted to by the military government:
(2) It is impracticable to outline the contents of proclamations for all types of occupations. In definitely hostile areas, however, the proclamation should cover the following points: '
(a) Declaration of the occupation. This is formal notice of the fact of occupation and of the extent of the area over which the accompanying forces assume jurisdiction.
(b)
Purp08e and policy of the occupation. Itmay be advisable to include a statement as to the purpose and policy of the occupation. Political objectives should be included only pursuant to instructions from higher authority.

(c)
Supremacy of military authority of occupying force8. This is an essential prerequisite to the adminis­tration of any military government. It should be an­nounced that a military governor has been appointed and that political ties with and obligations to the enemy government, if any, are suspended. It should be an­nounced that inhabitants will be required to obey orders of the theater commander and his subordinates and to abstain from all acts or words of hostility or disrespect to the occupying forces.

(d)
Detention of law8 and official8. It should be announced that, unless the military authority directs otherwise, local laws and customs will continue in force, local officials will continue in office, and officer and employees of all transportation and communication systems and of public utilities and other essential serv­ices will carryon with their regular tasks.

(
e) Treatment of inhabitant8. Assurance should be given that persons who obey the instructions of the military authority have nothing to fear and will be


duly protected in their persons, property, family rights, religion, and occupation; and that those who commit offenses will be severely punished.
(I)
Reswmption of usual occupations. Inhabitants should be instructed that they must continue or resume their usual occupations, unless specifically directed to the contrary. They will assist in the maintainance of law and order and restoration of normal economic conditions.

(g)
Detailed rules of condU(}t. It is advisable to put the population on notice that further proclamation or ordinances will specify in detail what is required of the inhabitants.


(Ii) Miscellaneous. Other matters the theater com­mander deems it advisable to include.
d. Publication. Proclamations may be published by posting, publication in newspap~rs, broadcasting, or any other practicable method available in the particular· area.
. 29. SUBSEQUENT PROCLAMATIONS AND ORDINANCES.
a. Issuance. As soon as practicable after the publicae tion of the initial proclamation, the theater commander or his authorized subordinates will issue a detailed set of rules regulating the conduct of the population. These rules may appear in the form of proclamations num­bered in sequence with other proclamations, or as ordi­nances, and will be prepared in advance and in accord­ance with directives issued by the theater commander. Only essential ordinances should be published. There­fore, the fullest advantage should be taken of established laws and customs. If it becomes necessary to publish an ordinance, its provisions should be carefully analyzed
S9
to determine its probable ramifications and its effect upon the civilian population before publication.
b. Form and character. Such proclamations or ordi­nances when published should be brief and concise. They should inform the inhabitants of the attitude they should take in relation to the occupying forces as well as what they may and may not do. Offenses should be clearly and simply stated. The population should be warned of the penalties which may be imposed for failure to obey the proclamations and ordinances and in what courts persons charged with offenses may be tried. The proclamations and ordinances should be published in English and in the language of the occupied area. Any translation thereof should be clear and simple and should be checked to see that the intent of the proclamation or ordinance is not lost or changed in the translation. It may be necessary to set forth a general prohibition against all subversive or hostile acts to cover offenses which may not be specifically men­tioned. Great care must be placed upon the interpreta­tion of this general prohibition clause when charging persons with offenses under it, as such a clause will mean very little to the majority of the popUlation and during a trial might be subject to broad interpretation by the courts. Ifseveral convictions had been obtained for an offense not specifically set forth in the ordinance but for which persons have been brought to trial under authority of this clause, and such convictions had been approved by the reviewing authority, that particular type of offense should be made the subject of a clearly defined proclamation or ordinance. In this way all for­bidden actions which might reasonably be foreseen or which have been pointed up by experience will be spe­
cifically enumerated, to serve as a guide to the courts and the population. The rules laid down in the initial proclamations and ordinances are primarily concerned with the maintenance of law and order and the security of the occupying forces. _ These proclamations and ordi­nances will be subject to subsequent amendments de­pending upon the change in the military and political situation, the reaction of the people to proclamations and ordinances previously issued, and the development of the people, their laws, customs, and institutions under CA/MG. However, frequent changes should be avoided as they may be interpreted by the inhabitants as an indication of vacillation and weakness. They should contain no provisions which are not intended to be enforced or are not possible of performance.
c.
Delegation of authority. The theater commander may delegate his power to issue proclamations or ordi­nances to subordinate commanders or CA/MG officers, placing such limitations upon the exercise of the dele­gated authority as he sees fit. It is generally advisable that considerable authority be delegated either to unit commanders or CA/MG officers who are actually located in the occupied area. Only ordinances of local appli­cation will be signed in the name of the military gover­nor.

d.
Publication. Publication may be made as in the case of initial proclamations. It may be advisable to publish them in the same manner in which legal notices were published prior to the occupation; or it may be advisable to create a new official publication devoted ex­clusively to activities of the military government. These proclamations and ordinances become effective when they appear in such publications, or at a specified date.


30. ORDERS AND INSTRUCTIONS TO LOCAL CIVILIAN OFFICIALS. Authority to issue detailed orders and in­structions to local officials should be delegated to unit commanders or CA/MG officers responsible for a par­ticular area. Such orders and instructions may be written or oral. If written, copies should be retained. If oral, they may be given through interpreters or in the language of the area and a memorandum for record should be made for future reference. Except in emer­gencies, all. orders and instructions issued to the local officials should be made by the officer responsible for CA/MG control in the particular area. Visiting offi­cers s,hould contact the local population through the CA/MG officer in the area. Local civilian officials re­tained in office should file with the CA/MG officer im­mediately concerned copies of all orders, if written, or memorandum of oral orders he has issm!d to his sub­ordinate officials.
SECTION VII
MILITARY TRIBUNALS

31. GENERAL. a. When an area is occupied and placed under CA/MG, the theater commander, or in the case of an Allied operation, the supreme commander of the forces concerned, will establish such military tribunals as he may consider necessary to assist in the maintain­ance of lawand order. Military tribunals with jurisdic­tion over the indigenous population normally will not be established in territory under the control of a friendly government unless such courts are required as a matter of military necessity. The theater commander, or the supreme commander, will determine the number and types of courts, their jurisdiction and procedure.
b. Depending upon the type and circumstances of the occupation the indigenous courts may be permitted to continue operation or may be closed and later re­opened. The commander may limit the jurisdiction of such courts with respect to persons and to the class of cases which may be tried therein. In areas under military government control the commander may sus­pend or abrogate laws and procedural rules applicable to the indigenous courts which would hinder the ac­complishment of his mission. By agreement-the above right may also be exercised by the commander of an area under civil affairs administration, but such right should not be exercised unless required by military necessity. Criminal jurisdiction of the indigenous courts will be limited to those violations of the laws of the occupied territory which do not affect the se­curity or interest of the occupying forces, except that the commander may authorize indigenous courts to try cases involving violations of CA/MG regulations promulgated for the government of the indigenous population.
c. War crimes cases, which include violations of in­ternational conventions (1) outlawing aggressive war
(2) governing the conduct of hostilities and an occupa­tion or (3) regulating the treatment of prisoners of war, may be tried by international military tribunals created by international agreement as well as by military commISSIOns. Although CA/MG tribunals may be given jurisdiction to try persons charged with war crimes, it is considered advisable to establish special courts for the trial of persons charged with such crimes.
32. TYPES OF MILITARY TRIBUNALS. a. The types of courts formerly established by the United States Forces in occupied areas for the trial of the indigenous popu­lation, charged with violating proclamations, ordi­nances, and regulations issued by the occupying force, were military commissions and provost courts. Such courts are established by order of the military com­mander and their jurisdiction and procedure prescribed in military orders. They are appointed by the theater commander or supreme commander who may delegate his appointing authority to subordinate commanders. Military commissions are usually composed of a mini­mum of five officers and provost courts of one officer. If possible, the provost courts officer should be one who has had legal training.
b. The most recent type of court established for the trial of cases referred to in the preceding paragraph is the military government type of court. This court may be divided into three classes and its authority to impose sentences and fines is generally limited as indicated.
(1)
General military courts, with authority to im­pose any lawful sentence including death.

(2)
Intermediate military courts, with authority to impose any lawful sentence except death, imprisonment in excess of 10 years, or a fine in excess of $10,000.

(3)
Summary military courts, with authority to im­pose any lawful sentence except death, imprisonment in excess of 1 year, or a fine in excess of $1,000. These courts may also be appointed by the theater com­mander or supreme commander, but such appointing authority is usually delegated to the military governor of the occupied area who by military government or­dinance creates or by other appropriate means estab­lishes the court. The jurisdiction of these military government courts, their composition, and procedure are usually prescribed by military government ordi­nances which would have the full force and effect of law throughout the occupied area. In the early phases of hostilities military government courts are composed of officer personnel only; however, after the cessation of hostilities, civilian lawyers on duty with the occupying force in military government may be authorized to serve as members of such courts. General military courts are usually composed of five members, intermediate military courts of three members, and summary military courts of one member. However, if sufficient personnel are not available, one officer may serve on the intermediate military court. It is advisable to have one member of


a general or intermediate military court who is a lawyer. Ifpossible, the summary court officer should be one who has had legal training.
c. Military government tribunals are not governed by the provisions of the Manual for Courts-Martial nor by the limitations imposed on courts-martial by Articles of War. Experience has demonstrated that in admin­istering justice in an occupied area, it is desirable to follow forms of judicial procedure which are generally similar to the forms of procedure to which the people are accustomed. Thus, in Europe, the rules governing procedure in military government courts incorporated features of continental practice. The rules of evidence employed permit the introduction of any evidence which is material or relevant to the issues. The limita­tions imposed by the Constitution of the United States upon the trial of criminal cases in this country do not apply to military government tribunals in occupied areas and the only limitations which need be considered in preparing procedural rules for such courts are that the accused should be assured of a fair hearing, that he should receive notice of the charges in advance of trial, be given an opportunity to prepare his defense, be granted the right of counsel, have the right to call witnesses in his own defense and be permitted to cross­examine witnesses produced by the prosecution. Ade­quate provision should be made for the review or admin­istrative examination of cases tried in military govern­ment tribunals by CA/MG staff of the military governor.
ATYPICAL CAIMG ORGANIZATION FOR THE COMBAT PHASE

FIGURE 1. A TYPICAL CA/MG ORGANIZATION FOR THE COMBAT PHASE
NO~IVp. ond composition 01 CA/MG' luppol1i"G Iloff I te<"llonl eOEllingeM upon r,q",lremenl' O'f Theole' Commander
. Figure 1. 0­'I
FIGURE 1. A TYPICAL CA/MG ORGANIZATION FOR THE COMBAT PHASE-CONTINUED
0­lD
AHPiCAL CAIMO ORGANIZATION fOR THE OCCUPATION PHASE
FIGURE 2. A TYPICAL CA/MG ORGANIZATION FOR THE OCCUPATION PHASE
Figure 2.



INDEX

Para­(lTaph Page
Agriculture_________________________________ _
12n 24 Allied territory:
Definition_______________________________ _
1b 2 When CAjMG may be instituted__________ _ 4c 4 Archives, prote:ltion___________________________ _ _9c
8 Army communications zone: Degree of organization _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 16a
35 Type of organization_ _ _ _ _ _ _ __ ___ _ _ __ ___ _ _ _ 16b
35 Army responsibility in occupied areas __________ 10; 13c 17,31 Art works, protection _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 9c 8
Banking, controL ____________________________ _
12k 23 Censorship__ _ _ _ _ _ _ ___ __ _ _ ___ _ _ ____ __ _ _ __ __ _ _ _ 12g 21 Civil affairs:
Authority for establishment________________ 2 3
Continuity____ ___ _ _ _ ____ __ _ _ _ __ _ _ _ _ _ _ _ _ _ _ 9b 7
Definition_____ __ __ _ _ __ _ _ _ _ _ _ _ _ __ __ _ _ _ _ _ _ _ 1b 2
Functions_____ ______ _ _ __ __ __ _ _ _ _ _ _ _ _ _ _ _ _ _ 12 18
In allied territory_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 4c 4
In domestic territory_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 4c 4
Mission_ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 9a 7
Orders, contents______________________ ~___ 27 54
Orders, types_____________________________ 26 53
Period of controL_________________________ 8 6
Personnel, scope of activities_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 90 7
Plan, f1exibility___________________________ 9b 7
Policies_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ 9c 8
Principles_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 9b 7
Purposes_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 5 5
Reason for establishment_ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ 4 4
Staff personnel of other nations_____________ 19d 42
Staff section and duties____________________ 19,19a 40
Staff section internal organization__ __ _ _ _ _ _ _ _ _ 19b 41
Staff section personnel of other services_ __ _ _ _ 19c 41
Types of organization" _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 17 36
69
Para­graph Page
Civilian censorship_________________ c _________ _
12g 21 Civilian communications___________ , ___________ _ 12h 22 Civilian protection___________________________ _ 12d 20 Civilian supply_____________ --____ -__________ _ 12e 20 Civilian transportation_______________________ _ 12i 22 Combat phase, control during and after________ _ 15b 34 Command responsibility______________________ _ 3 4 Commanding officer, supremacy_______________ _ 9b 7 Commerce and trade_________________________ _ 12p 25
Commodities, controL------c --____ ---__ ----_ --12m 24 Conditions to be found in occupied areas _______ _ 11 17 Constitution, United States, authorizes establish­
ment of CA/MG___________________________ _ 4c 4 Co-ordination with other staff sections__________ _ 12x 27 Courts, establishment-_______________________ _ 12c 20. Currency, controL___________________________ _
12k 23 Customs of inhabitants, retention______________ _ 9c 8 Definitions___________________ c ______________ _
Ib 2 Degree of control:
Exercised by occupying force_ __ _ _ _ _ _ __ _ _ _ _ _ 6 5
Reasons for variance by occupying force_ _ 6a, b, c 6 Delegation of authority________________________ 3 4 Department of the Army:
Organization, responsibility, and functions_ _ _ 14a 31
Responsibility for plans_ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 24 50
Responsibility for training CA/MG per­
sonn~_________________________________ 21b 45
Department of the Navy:
Organization, responsibility, and functions_ _ _ I4b 32
Responsibility for plans____________________ 24 50
Responsibility for training CA/MG personneL 21b 45 Directives from higher authority, limitations on
powers of theater commander_ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ 3 4 Displaced persons_____________________________ 12t 26 Documents, seizure and protection_ ____ _ _ _ _ __ _ _ _ 9c 8 Domestic territory, when CA/MG may be insti­
tuted______________________________________ 4c 4
Economic conditions found in occupied areas___ _ 'l1b 18 Economic policy in relation to occupied areas_ -c-9c 8
70
Para-Education: graph Page Prevention of subversive instruction________ _ 12u 26 Supervision of educational system. _________ _ 12u 26 Enemy nationals, disposition, repatriation, and relocation_________________________________ _
12t 26
Establishment of CA/MG:Authority_______________________________ _
2 3
Reason _________________________________ _
4 4
Purpose________________________________ _
5 5 Finance, public______________________________ _
12l 23 Functions of CA/MG_________________________ _
12 18 General stalL _______________________________ _
12x 27
G-1 ____________________________________ _
12x 27
G-2___________________._________________ _
12x 27
G-3____________________________________ _
12x 27
G-4____________________________________ _
12x 27
Government, local: Participation in local government__________ _ 12b 19 Retention_______________________________ _
9c 8 Health of inhabitants of occupied area__________ _ 9c 8 Industry______________ . _____________________ _
12c 20 Information_________________________ .. _______ _
128 26 Intelligence _________________________________ _
128 26 International law: Authorizes establishment of CA/MG _______ _ 4c 4 Treatment of population__________________ _ 9c 8
Joint Chiefs of StaIL__________________________ · 13b 31
Labor relations__________________ -----___ -----12q 25 Law and order: Administration __________________________ _ 12c 20 Maintenance____________________________ _
12a 19 Laws: Discriminatory ____ -_ _______ -----___ -_ -__ 9c 8 Retention_________ . _____________ -_______ _ 9c 8 Liberated territory, definition _________________ _ 1b 2
71
Local government:
Retention of departments_________________ _ Retention of existing laws_________________ _ Retention of officials __________' ___________ _
Mail, seizure and protection___________________·_ Manufacture_ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Military government: Authority for establishmeilt_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Continuity__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Definition_____ ________ __ _ _ _ _ ____ _____ _ ___ Functions_____ __ _ _ _ __ ___ ___ _ _____ ___ _____ In allied territory_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ In domestic territory_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Mission___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Orders, contents__________________________ Orders, types________ -_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Period of controL_________________________ Personnel, scope of activities _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Plan, flexibility _____________ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ Policies_ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Principles_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Purposes________________________________ " Reason for establishmenL _ _ _ _ ___ _____ _____ Staff section_____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Staff section duties________________________ Staff section internal organization____ _ _ _ _ _ _ _ Staff section personnel of other nations_ _ _ _ _ _ Staff section personnel of other services_ __ _ _ _ Types of organization__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ U nits_ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Military necessity: Principle in conduct of CA/MG_____________ Treatment of population___________________
Military occupation, effect on indigenous govern­ment______________________________________ Military tribunals: GeneraL____________________ "_ _ _ _ _ _ _ _ _ _ _ _ Types and procedure______________________ Mission of CA/MG___________________________
Para­graph
9c 9c 9c
9c
12c
2
9b
Ib
12 4c 4c
9a
27
26 8
9b 9b
9c
9b
5 4 19
19a
19b
19d
19c
17 20
9b
9c
4b
31
32
9a
Page
8 8 8
8
20
3
7
2 18 4 4
7
54
53 6
7 7
8
7
5 4 40
40
41 42 42 36 42
7
8
4
63 64 7
Para­
Naval advanced base zone: graph Page
Degree of organization___________________ _

16a 35 Type of organization_____________________ _ 16b 35 Navy Department. (See Department of the Navy.) Navy, responsibility in occupied areas__________ lO, 13c 17,31
Occupation, determination of type______________ Ib 2 Occupied country: Economic policy in relation to______________ 9c 8 Health of inhabitants_____________________ 9c 8 Inhabitants, responsibility to occupying force_ • 7 6 Respect for religious customs and organiza­uons__________________________________ 9c
8 Responsibility of occupying force toward_. __ 4b 4 Occupied territory, definition. __________________ Ib 2 Occupying force: Degree of control exercised by______________ 6 5 Responsibility of inhabitants of occupied country to _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 7
6 Responsibility toward occupied country___ _ _ 4b 4 Officials: RemovaL_______________________________ _
9c 8 Retention_______________________________ .
9c 8 Operations: Carried out by combined forces____ _ _ _ _ _ _ _ _ _ 13a 31 Carried out by joint army and navy___ _ _ _ _ _ 13b 31 Orders, CA/MG: Content_________________________________ 27 53 Types___________________________________ 26 53 Ordinances, orders, and instructions__________ 28, 29, 30 56, 59, 62 Organization: Combat or wake of battle type____________ _ 17a 36 GeneraL________________________________ _
13 31 Occupational type_______________________ _
17a 36 Within Departments of the Army and Navy and State Department_________________ _ 14 31 Within theater of operations______________ _ 15 33
73
Para­graph Page
Period of CA/MG controL ____________________ _
8 6 Personnel: Continuity______ ~ __________ ~ ____________ _
9b 7 Control in theaters of operations___________ _ 15b 34
Organization in theaters of operations ______ _ 15a 33
Planning, procurement, and requisition_____ _ 21 45
Scope of activities________________________ _
9b 7
Training________________________________ _
23 48 Typ~s and qualifications of CA/MG________ _ 22 46 Plan: Basis___________________________________ _
25 50 Combined forces_________________________ _
13a 31 Continuity______________________________ _
9b 7
Flexibility_______________________________ _
9b 7 Joint Army and Navy____________________ _
13b 31 Responsibility for________________________ _
24 50 Political conditions found in occupied areas _____ _ lla 17 Political prisoners____________________________ _
9c 8 Political territorial divisions, retention__________ _ 9c 8 Population, treatment-_______________________ _
9c 8
Port duties__________________________________ _
12j 22 Press, freedom________ " ______________________ _
9c 8 Prices, controL ______________________________ _
12m 24 Proclamations: Initial proclamation, issuance, form, character, content, and publication________________ _ 28 56 Subsequent proclamations, issuance, form, character, content, and publication________ _ 29 59 Property custody and administration___________ _ 12r 25 Public finance_______________________________ _
12l 23 Public health________________________________ _
12/ 21 Public utilities______________________________ _
12i 22 Public welfare_______________________________ _
12v 27 Rationing, controL __________________________ _
12m 24 Records, protection __________________________ _
9c 8 Records and reports__________________________ _
12w 27 Religious customs, respect for, in occupied areas__ 9c 8 Reports and records__________________________ _
12w 27 Rules of land warfare________________________ _
2 3
74
PaTa­graph Page
Sanitation__________________________________ _
12f 21 Schools: CA/MG training schools__________________ _
21b 45
Iteopening _______________________ ______ _
7 12u 26 Shrines, protection_____________________ .. _____ _ ge 8 Social conditions found in occupied areas _______ _ 11e 18 Special staff sections_________________________ _ 12x
27 Adjutant generaL _______________________ _
12x 27 Antiaircraft_____________________________ _
12x 27
ChemicaL ______________________________ _
12x 27 Engineer________________________________ _
12x 27 Headquarters commandant________________ _ 12x 27 Judge advocate__________________________ _
12x 27 Provost marshaL ________________________ _
12x 27 Public relations__________________________ _
12x 27 Quartermaster___________________________ _ 12x 27 Signal__________________________________ _
12x 27
Surgeon ________________________________ _
12x 27 Transportation __________________________ _
12x 27 Speech, freedom _____________________________ _
9c 8 Staff sections: CA/MG__ ~ _____ ---_______ -_ -----_______ _
19 40
CA/MG duties __________________________ _
19a 40 CA/MG internal organization_____________ _ 19b 41 Coordination___________ ~ ________________ _
12x 27 Personal relations among personneL _______ _ 12x 27 Personnel of other nations ________________ _ 19d 42 Personnel of other services ________________ _ 19c 41 State Department: Organization, responsibility, and functions __ _ 14c 33 Itesponsibility for plans___________________ _ 24 50 Supply for civilians __________________________ _ 12e 20
Textbooks, revision __________________________ _
12u 26
Theater commander: Authority_______________________________ _
3 4 CA administrator________________________ _
3 4 Designated military governoL _____________ _ 3 4 Itesponsibility for CAlMG ________________ _ 3 4 Itesponsibility for requisitioning personneL __ _ 21a 45
75
Para-
Theaters of operation: graph Paue
Coordination of CA/MG__________________ _ 12x 27
Organization CA/MG____________________ _ 15 33
Trade and commerce_____________' ____________ _ 12p 25

Types of CA/MG organizations:
Advantage of combat type________________ _ 18a 38
Advantages of occupational type___________ _ 18b 39
Combat type____________________________ _

17a 36
Disadvantage of combat type_____________ _ 18a 38
Disadvantages of occupational type________ _ 18b 39
Occupational type_______________________ _

17a 36

Units, MG:
GeneraL________________________________ _
20a 42
Principles of employment_________________ _ 20c 43
Principles of organization_________________ _ 20b 42

W!tr Department. (See Department of the Army.)
U. S. GOVERNMENT PRINTING OFFICE: 1947

BLANK PAGE





L-r. M~ f
DE/ARTMTNT DT TIE ARMY flUD ",NUll
FM 21-5
DEPARTMENT OF THE NAVY MANUAL
DPNAV P22 -1115

UNITED STATES ARMY AND NAVY
MANUAL OF

CIVIL AFFAIRS
MILITARY
GOVERNMENT

DEPARTMENTS OF THE ARMY AND NAVY • OCTOBER 1941

U.S. Army JAG School Library
 

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