Rules warfare 1914

WAR DEPARTMENT : OFFICE OF THE CHIEF OF STAFF
C

Rules of
Land Warfare

Document No.467.
Ofice of the Chiefof Staff.

WAR DEPAETMENT,
OFFICEOF TIIE CIIIEF OF STAFF,
TVashington, April 25, 1914.
The following Rules of Land Warfare are approved and here- with published for the information and government of the armed land forces of the United States.
By order of the Secretary of War.
W. W. WOTIIERSPOON, Bajor General, Cltief of Star.
3
……..Abbreviations
……………………… 8

I
CONTENTS.
Page.

Preface …………………………………… 7

CHAPTERI. The laws of war on land ………………. 11

Introduction …………………….. 11

General principles ……………….. 14

I1. Hostilities …………………….. 17

The commencement of hostilities ….. . 17

111. The armed forces of belligerents …………. 21

IV. Prisoners of war ………………………… 25

Appendix A-Form of certificate, newspaper
correspondents, etc., accom anying an army . . 35

Appendix A-Form of certificate of personnel

V. The sick, wounded, and dead! …………… 38

of volunbry aid societies …………. 54
VI. Section T . The conduct of hostilities ……. 56

Section I1. Stratagems………………. 60

Section I11. Espiona e and treason ………. 63
Se~tionIV. ~ombarcfmenta, maul. . a n d

sieges…………………………….. 66

\&I1. Section I. Intercourse between belligerents ….. 71

Section I1. Capitulations ………………… 76

P 80
Ap endices A, B, C, and D-Forms of capit-

u ation. …………………………..

Section I11. Armistices…………………. 88
Section IV. Passports, safe.conducts, safeguards
Appendices A, B, C-Forms of passports,

A endices A, B, C, D, E, F, G, znd 11-

porms of armistice ………………… 94

and cartels ………………………….. 100

safe.conduct, and safeguard …….. 103

VIII. Military authority over hostile State ……. 105
V IX. Treatment of enemy property ……………. 118

Appendix A-Form of requisition .
X. Penalties for violations of the laws of war …….. 129

XI. Neutrality …………………………… 135

Neutral rights and duties …………………. 135

Appendix-Form of convention for intern-
ment in neutral territory ……………. 146

XI1. Automatic submarine contact mines ……. 147

5
CONTENTS.
APPENDICES.
Page.
APPENDIX NO. 1. Convention 111of The Hague, October 18,
1907, relative to opening of hostilities,
with translation. ………………….
2 Convention IV of The Hague, October 18,
1907, respecting the la~vs and customs of
war on land with translation. ………..

3.
Convention V, respecting the rights and duties of neutral pomels and persons in war on land, of The Hague, October 18, 1907, with translation. ………_. ..

4.
Convention VIII, relative to the laying of autolnatlc submarine .contact mines, of The Hague, October 18, 1907, with trans-lation. ………!……..2 ………..

5.
Convention IX, respecting bombardment by naval forces in time of war, of The %ague, October 18, 1907, with transla-tion.. ..! …………………….

6.
Convention XI, relative to the right’ of

I
capture in naval warfare, of The IIague, Oclober 18, 1907, with translation.. …..
7. Declaration XIV, prohibiting the discharge of projectjles and explosives from bal- loons, of The Hague, October 18, 1907,
rith translation. ………………….

8.
Table of ratifications and adhesions to the second peace conference at The Hague, in 1907. ………………………..

9.
International convention for the ameliom- tion of the condition of the wounded and sick in armie~in the field, at Geneva, July 6, 1906, ?kith translation.. ………

t I
I Iil
, I
. r
i ? !
PREFACE.
The accd&panying ~dles of Land Warfare have been prepared for use of officers of the land forces of the United States. The officialLtranslations will be printed in heavy me for the purpose of distinguishing tbem,frop tlie pther portions of the text, much of which is explanatory, and yet a considerable part of which is believed tgpresent the substantive law as to matters upon which The Hagne md Geneva conventions are silent or by no ‘means complete. ,
t
It has been found essential to make many additions to the test of The Hague and Geneva conventions (the latter, consist- ing of 33 articles, is reasonably 1 complete), since these do not deal exhaustively with their subjekt matter.
it will be’found tliat everything vital contained in G. 0. 100 of A. G. 0. of April 24, 1863, “Instructions for the Government of Armies of the United States in the Field,” has been incorpo- rated,,in this manual. Wherever practicable the original, text has been used herein, because it is believed ihat long familiarity with this test and its interpretation by our officers should not be interfered with if possible’to avoiq doing so.
The original test of the several conventions will be founcl printed in the appendices numbered from 1to 9. These are ar- ranged id parallel columns in French and English as ratified by this Government. The test of the manual which is for the guldance bf officers of our Army is’the official translation of th’e French as ratified by the United States Senate and published in the United States Statutes at aarge.
Conrention KO. XI, “RMative to the laying of automatic suli- marine contact mines,” is’incorporated iu the text because of its value to officers of the coast artillery primarily, and because of its interest as well to officers of the mobile troops. In view of the incomplete and unsatjsfactory state of the law upon this subject, as stated in the test of this convention, it was deemed prudent to incorporate in’ the foot notes the rules prescribed by the Institut de broit International at their meetings in Paris in 1910, nnd again at Oxford in 1913. The latter being incor-porated in, a “Manuel des Lois de la Guerre blaritime.”
In the preparation of these rules all of the authorities men- tioned in the abbreviations were consulted, and many others. Every effort was made to give credit, and this was done wher- ever, possible. EspeCial use was made of The Rules of Land Warfare, prepared by officers of the English Army and Prof. I;. Oppenheim, LL. D., and of Prof. Nagao Ariga’s boolr, “La Gubrre Russo-Japonaise,” which deals so carefully and thor- oughly with the laws and usages of war during one of the greatest wars of receht times.
7

RULES OF LAND WARFARE,
ABBREVIATIOSS OF TITLES OF BOOICS, ETC., REFERRED
TO IN THE TEXT.
Ariga——————La Guerre Russo-Japonaise au point de vue
continental et le droit International. By
N. Ariga 1908.
Birlihlmer–Military dovernment and Martial ,Law,
second edition 1904.
Bonflls——————Manuel de ~roi6 International Public.
Crunch——————He orts of the Supreme Court of the United
Etatcs.
Dig. Op. J. -I (:——-.-Dimest of Opinions of the Judme Advocate
&enel.nl of the United States hrmy.
F. S. 11——————Field Service Regulations of the United States, 1914.
French IIanual———-Conventions internationales concernnnt la Guerre snr terre. Publiees ensuite da decieion du Conseil federal du 31 octobre,
1910.
Gall——————–Gallison. United States Supreme Court Re-
porter.
GenBve Conference Acles–Convention de GenBve. Actes de la Con-
ference de Revision. Geneve 1906.
G. C——————–The Geneva Convention of 1908.
G. 0. 100, 1863———–Instructions for the Government of the Armies of the United States in the Field, 1863.
H. I11——————-Hague Conventlon No. I11 of October 18, 1907.
H. IV——————Hague Co~vention No. IV of October 18,
1907.
11. V——————–ITague Convention No. V of October 18, 1907.
1%. VIII —————–Hague Convention No. VIII of October 18, 1907.
H. IX——————-IIague Cpnvention No. IX of October 18,
1907.
H. XI——————-Eague Convention No. XI of October 18,
1907.
H. D——————-JTngue Declaration of 1889.
H. R……………….. The Rules of Land Warfare contafned in

annex to Hague Convention No. IV of
Octobqr 18, 1007.
Hall——————–International Law, Gfth edition.
Higgins—————–The Hague Pence Conference. 1909.
Holland—————–The Lams of War on Land. 1908.
Holls——————-The Peace Conference at the Hague. 1910.
Inst. Int. Law ————Conventiones Iqternationales concernant
La Guerre sur Terre, Publiees ensuite de
decision du Conseil federal du, octobre,
1910.
Int. Peace Conf. Acterr—–Deuxieqe Conference International de la
Paix. Actes et documents. The Hague,
1907.
Jour. Int. Law————The Journal of the Institute of International Law.
IZriegsbrauch————-Kriggsbrauch im Landkriege. Edited by the
German Great General Staff (Military
Histopical Section). Berlin 1902. Les Lois —————-Les Lois de La Guerre continintale. Lieu!.
Robert Jacomet. Preface de M. Louis
Renault, second edition, 1913.
Magoon—————–The Law of Civil Government under Mili-
tary Occupation, third edition, 1903. Moore’s Digest———–A Digest of International Law. By J. B.
Moore, Washington, 1906.
RULES OF LAND WARFARE. 9
Op——m—————Opinions of the Attorney General of the United States.
P. H. IV—————–Preamble to The Hague Convention No. IV
Respecting the Laws and Customs of War on Land.
Pet———————Peters, United States Supreme Court Re-
porter.Spaight—-_–_-_—-War Rights on Land. 1911. Takahashi-__–.__——-International Law apphed to the Russo-
Japanese War., By S. Takahashi. (Eng-
Ii~hodltinn
U. S——-_-___-_–_—States Supreme Court Reports.
United
Wall——–__-_——–the of
Wallace, Re orts of Supreme Court
the unitel States. Westlalte—————-International Law, part 2, War, 1913. Wllson——————Wilson on International Law, H. S. editlon,
1910.

CHAPTERI.
THE LAWS OF WAR ON LAND.
INTRODUCTION.
1.How 9,egulated.-The collduct of war is regulated bycertain well-established and recognized rules that are usually designated as ” thk laws of war,” which comprise the rules, both written and unwritten,.for the carrying on of mar, both on land and at sea.
THE WRITTEN RULES.
2. Co~~ceniions the pnst 50 years many
ant1 tr.enties.-During of these rules have been reduced to writinn by nleans of conven- tions or treaties entered into by the principal civilized nations of the world after full discussion at The Hague, Geneva, Brus- sels, and St. Petersbprg. .
3. TAo,se relotiw to war on {and.-The rules contained herein relate to war on land, and the principal written agreeme:ts relating to the conduct of war on land are the following, viz :
‘For full text of these conven~ions, see, appendices.
(a) The ~eclaiation of St. Petersburg of the 11th of Decem- ber,, 1868, forbidding in time of war the use of explosive pro- jectiles under 400 grams weight.’
This has never been ratitled by the Unlted States but see paragra h

” e,” Article XXIII, convention IV, Hague Rules, 19b7, infra, par. ld4.
(b) The Declarakion of The Hague of the 29th of July, 1899,
forbidding the employment of projectiles which have for th~ir only object the diffusion of asphyxiating or deleterious gases.
(c) The Declaration of The Hague of the 29th of July, 1899,
preventing the employment of bullets which expand or flatten in the humah body.a
(d) The Geneva convention of the 6th of July, 1906, for the “Amelioration of the condition of the sick and wounded of armies in the field.”
those States which have not acceded to or ratified the Geneva con-
vhhtioh of 1906 but who are signatories of the Geneva convention of

1864 for “The arnelioratlon of the copdftion of the wounded and flick.
of armies in the field” are bound by the provisions of this latter. 11
RULES OF LAND WARFARE.
(e)
Convention No. I11 of The Hague of the 18th of October, 1907, with regard to the opening of hostilities.

(f)
Convention No. IV of The Hague of the 18th of October, 1907, concerning the laws and custo~ns of war on land.’

4 The Hague convention of 1899 ” Concerning the laws and customs of war on land” are still binding on those signatory States who have not acceded to or ratified the convention of 1907.
(g) Convention No. V of The Hagqe of the 18th of October, 1907, concerning the rights and duties of neutral powers and
persons in     war on land.” 6Vide Ch. XI and Appendix 3.
(h) A portion of the Conrention No. IX of The Hague of the lSth of October, 1907, concerning the bombardment by naval forces in time of war.’
*Vide infra, Ch. VI, Sec. IV, pars. 212, note 1,aqd 227.
(i) Convention KO. ‘VIII of The Hague of the 18th’ of Octo- ber, 1907, relative to the laying of submarine mines.’
7 Vide infra, Ch. XII, p. ls7.
(j) A portion of Convention No. XI of The Hague of the 18th of October, 1907, relative to the right of capture in naval war- fare.’
Vide infra, -4ppendix 6, p. 177.
(k) The declaration of The Hague of the 18th of October,
1907, prohibiting the discharge of projectiles and explosives from balloon^.^
BVide infra, Ch. VI, Sec. I, pars. 174-175, p. 56.
4. The foregoing do not constitute a complete code as appears from the preamble of Convention IV of October 18, 1907:
According to the views of the high contracting parties, these provisions, the preparation of which has been inspired by the desire to diminish the evils of war, as far as military require- ments permit, are intended to serve as a general rule of conduct for the belligerents in their mutual relations and in their rela- tions with the inhabitants.
It bas not, however, been found, possible at piesent to prepare regulations covering all the circumstances which may arise in practice.,
On the other hand, the high contracting parties clearly do not intend that unforeseen cases should, in the absence of writ- ten undertaking, be left to the arbiirary judgment of military commanders.
Until a more complete code of the laws of war has been formulated, the high contracting parties deem it expedient to declare that, in cases not covered by the regulations’adopted by

RULES OF LAND WARFARE. fa
them, the inhabitants and belligerents remain under the protec-
tion and the rule of the principles of the law of nations, as they
result from the usages established among civilized peoples, from
the laws of humanity, and the dictates of public conscience.
5. P~~blication IV,Art. 1. The contracting powers of rules.-R.
shall issue instructions io their armed land forces which shall
be in conformity with the regulations respecting the laws and
customs of war on land, annexed to the present convention.’
Vide Bulletin No. 6 ;W. D., Feb. 19, 1913, and appendices.
6.
To whom applicable.-H. IV, Art. 11. The provisions con-tained in the regulations referred to in article 1, as well as in the present convention, do not apply except between contracting powers, and then only.if all the bellige-~nts are parties to the convention.

7.
hTatw-e and binding force.-These declarations and con-ventions, freely signed and ratified by a very great number of the civilized powers of the world, constitute true rules of inter- national law that are binding upon those who are parties thereto in a war in which all belligerents engaged are parties. In case one power, who is a party to the war, has not agreed to these conventions, or having been a party has denounced the same, or has made reservations as to one or more articles, then and in that case the other parties belligerent will not be bound by the convention or by the reserved articles.’

“The observance by the French Army of tne Fules announced is im- plicitly subordinated ta the condition of reciprocity on the part of the opposing belligerent, for if France imposes certa~n limitatiolls upon her means of action against future enemies, it is naturally upon the condi- tion that they impose upon themselves the same restrictions.” (Les
Lois de La Guerre Continentale, by Lieut. Jacomet, p. 26.)
THE UNWRITTEN RULES.
8. Usage.-In addition to the written rules there esist certain other well-recognized usages and customs that have developed
into, and have become recognized as, rules of warfare. These usages and customs ate still in process of development.
9. IIow developed.-The development of the laws and usages of war is determined by three principles. First, that a belliger- ent is justified in applying any amount and any kind of force which is necessary for the purpose of the war; that is, the com- plete submission of the enemy at the earliest possible moment with the least expenditure of men and money. Second, the principle of humanity, which says that’ all sucli kinds and de- grees of violence as are not necessary for, the purpose of war are not permitted to a belligerent. Third, the principle of chivalry, which demands a certain amount of fairness in offense and defense and a certain mutual respect between opposingforces.’
ILand Warfare, Opp., C. I., par. 3.
GENE~ALPRINCIPLES.
10. The object of war.-The object of war is to bring about the complete submission of the enemy as goon ys possible by means of regulated violence.’
lG. 0. 100 1863, art. 20. “Public war is a state of armed host’ility between sove;eign nations or governmcnis. It,is a law and requisite of
civilized existence that men live in political continuous societies form-
ing organized units called States or natiods, whose cpnstitpenti bear,
enjox, and suffer, advance and retrograde together, in peace and in
war.
Von Moltke kid: “The greatest kindness in war is to bring it to n
speedy conclusion. It should be allowable, with that view, to employ
all methods save those which are absolutely objectionable. I can by
no means profess agreement wlth the Declaration of St, Petersburg
when’it assert9 that the weakening of the military fOrces of the enem;
is the only lawful procedure in war. No; you must attack all the
resources of the enemy’s government-its finances ity railways its
stores and even its prestige.” Letter to Professor -~luntschli, ~e; 11,
1880, ‘cited Holland, War on Land, p. 12.
11.
Hilitary necessity.-Military necessity justifies a resqrtto all the measures which are indispensable for securing this object and which are not forbidden by the modern laws and customs of war.

12.
What military necessity adnbits of.-Military necessityadmits of all direct destruction of life or limb of arnzed enemies, and of other persons whose destruction is incidentally ocn-avoidable in the armed contests of war; it allows of the captur- ing of every armed enemy, and of every enemy of importance to the hostile go-iernment, or of peculiar danger to the captor; it allows of all destruction of property, and obstruction 00 waysand channels of traffic, travel, or communication, and of all withholding of sustenance or meaas of life from the enemy ;of the appropriation of whatever the enemy’s country affords that is necessary for tpe subsistencq and safety of the army, and of such deception as does not involve the breaking of good faith, either positively pledged, regarding agreements entered intopur- ing the war, or supposed by the modern law of war to exist. ,

G. 0. 100, 1863, art. 16.
13. What military necessity does not admit of.-Military necessity does not admit of cruelty-that is, the infliction of spffering for the sake of suffering or for revenge, nor of maim- ing or wounding except in fight, nor of torture to extort confes- sions. ,1kdoes not adm’it of the use of poison in any way, nor of the wanton devastation of a district. It admits of decebCion! but disclaims acts of perfidy; and, in geberal, military necessity does not include any act of hystility which malies the return to peace unnecessarily difficult.
lG. 0. 100, 1863, art. 16.
’14. kartial law.’-~artial. law is simply military authority exercised in accordance with the laws and usages of war.’
1G 0. 100 1863 art. 4. ‘
In ‘the cas; of ei parte Milligan (4 Wall., 2). Chief. Justice Chase, in a dissenting opinion which did not affect the merits of the case under cozsideration, dcew a distinction in militar jurisdiction as follows: There are under the Constitution three %inds of militaryjurisdiction-one to be exercised in both peace and war; another to be exercised in time of foreign war without the boundaries of khe
U’nited States, or in time of rebellion’or civil war within Stares or districts occupied by rebels treated as belligerents ; nqd, thjrd, to be exercised in time of invasion or insurrection within the limlts pf the United States or during rebellion within the limitsiof States maintain- ing adhesion to- the Natioual Government when the public danger re-quires its exercise. The first of these ma; be called jurisdiction under military Zdw, and is found in acts of Congress prescribing rules and articles of mar, or otherwise providing for the government of the na- tional forces ; the second may be distinguished as miZitar2/ government, superseding, as fa? as may be deemed expedient, the local law, and en- ercised by the military commander under the direction.of the President with the express or inlplied sanction of Congress ; while the third ma; be denominated ?hartial law propet; and is called into action by Con- gress or temporarily when the action of Congress can hot be invited. and in the case of justifying or excusine peril by the President in times of insurrection or invasion, or of ci21 or f6seign war, within his- tricts or localities where ordinary law no longer adequately secures public safety and private rights.” This distinction h~s never since been sustained by th:’ Su reme Court, although military writers have made use of the term n~Ltary government” to designate the jurisdiction ex- ercised over enemy territory by the military regarding enemy tefritory to include that of a foreign state and also that part of the b$ligerent state that has been accorded recogilition of belligerency, and martictl
Ia?u ” to designate the jurisdiction exercised by the military power over
parts of the dominant state that is in rebellion 01′ iusuryction withou;
being recognized as belligerents, or, in a word, treating marttal Zaav
as a domestic fact. (Vide Military government and Martial law, Birk- himer p 21,’,2d ed.)
~h6term martial law” as defined in the text conforms with that
given in Great I3;itain. where,,the srf’me distinction is made between
mi!Itary law,” martial lnw and martial law in the home terri- tory. (Vide Lay of War on iand Holland. pp. 14-17; vide ~lao Joor. Nil. Ser. Inst., Vol. IV,article by ‘~arbaugh.)
15. Extends to property and persons.-Martial law extends to property and to all persons in the occupied territory, whether they are subjecteLof the enemy or aliens to that government.’
‘G. 0. 100, 1863, art. 7. Vide also infra Chaps. VIII and IX. ‘
16. Militaw jz~risdiction.-Rlilitary ‘jurisdiction is of two kinds: First, that which is conferred and defined by statute; second, that which is derived from the common lam of war. hlilitary offenses under the statute law must be tried in the manner therein directed, but military offenses which do not come within the statute nlust be tried and punished under the common lam of war. The character of the courts which exer- cise these jurisdictions depends upon the local laws of each particular country. In the armies of the United States the first is exercised by courts-martial, while cases which do not come within the Rules and Articles of War, or the jurisdiction con-
ferred by statute on courts-martial, are tried by military com-missions.* Vide Justification of Martial Law, by G. Norman Lieber, p. 3, who says :
::Military jurisdiction is of four kihds, vie :
1. Military law, which is the legal system that regulates the gov- ernment of the military establishment. Mllitary law is a branch of
municipal law, and in the United States derives its existence from spe- citf constitutional grants.
2. The law of hostile occupation, or military government, as it is
sometimes called; that is, mllitary power exercised. by a belligerent
qver the iul~abitants and prol~erly of an enemy’s terrltor occupied by
him. This belongs to the law of war, and, therefore, to ?6e law of na-il~’~~.
3. Martial lam applied to the army; that is military power es-
tended in time of mar, insurrection, or rebellion’over persons in the
militar service as to obligations arising out of such emer-ency and
not falfng witlh the domain of military law nor oiherwis; regilatedby law. It is an application of the doctrinelo,f necessity, founded on ill:, right of national self-preservation
4. Martial law at home, or as a domestic fact :. by which is.meant military power exercised in time of war, ~nsurrecilon, or rebellion, in parts of the coqntry retaining allegiance, and over persous and things not ordinarily subjected to It.”
17. In cases of i7~diuidli(llofle?~Qer$.-Whene~er feasible, mar- tial law is carried out iu. cases of individual offenders by mili- tary courts; but sentences of death shall be executed only with the approval of the Chief Executive, provided the urgency of the case does not require zi speedier execution, and then only with the approval of the com~nander of the occupying forces.’
1G. 0.100,1863, art. 12.
18. Gl’frelt~,bad faith, extortio?~, revenge, etc., prohibited.-The law of war not only disclaims all cruelty nnd bad faith concerning engagements concluded with the enemy during the war, but also the breaking of treaty obligations entered into by belligerer~tsin time of peace and avowedly intended to remain in force in case of war between the contracting powers. It dis- claims all extortion and other transactions for individual gain; all acts of private revenge, or connivance at such acts. Of-fenses to the contrary shall be severely punished, and especially so if committed by officers.’
1G.0. 100, 1863, art. 11.
1
CHAPTER11.
HOSTILITIES.
THE COMMENCEMENT OF HOSTILITIES.
19. Declaration of war required.-H. Con. 111, Art. 1, The contracting parties recognize that hostilities between themselves must not commence without previous and’explicit warning in the form either of a reasoned declaration of war or of ah ultimatum accompanied by a conditional declaration of *ar.’
1 T$ framers of the Hague Rules were agreed to one rule, namely, that an attack which nothing foreshadowed would be Infamous. A gross violation of International law Would be comniittcd by the com-
mencement of hostilities in time of peace without a previous contro-versy and negotiations with a view to a peaceful settlement. (VideHague Peace Conferences, Higgihs, p. 203.)
’20.Surprise still poisible.?-Nothing in the f&egoing rule rk quires that any time shall elapse between,$he actual declaration of war and the commencement of hostilities. It is dill possible, therefore, to make a sudden and unexpected declaration of war and thus surprise an unprepared enemy.’
The French proposal to The Ha ue Peace Conference of 1907 based substalltially on resolutions of the%&. Int. 4aw at Ghent in $eptem- ber 1906 consisted of three articles. The flrst t,yo were embodied su6&tantiill ns in the text above while the third Hostilities should not begin ti1 after the expir of ‘adelay sufflclen’t to insure that the rule of previous and unequrvocal notice may not be considered as
evaded,” was rejected.
21. Notification to neutrals.-H. Cbn, 111, Art. 11. , The ex-istence of a state of war must be notifled to the neutral powers withouf delay, but shall not take ‘effect in regard to them until after the receipt of a notiflcation, which may, however, be given by telegraph. Neutral powers, nevertheless, can .not rely on the absence of notiflcation if it is clearly established tHat they were in fact aware of the existence of a state of war.’
See Chap. XI on “The rights and duties of neutral powers,” infra,
p. 135, par. 389.
22. It is bindifig between, parties.-=. Con. 111,Art. 111. Arti-cle I of ‘the present convention shall take effect in case of ,war between two or more of the contracting Powers. Article I1 is binding as between a belligerent Power’which is a party to the convention and neutral powers which are also parties to the convention. ,
42225″-14-2 ‘
17
18 RULES OF LAND WARFARE.
23. Importance, bntA lcgnl sad co??zmeroiat.-This convention is important from both the legal nnd commercial point of view since it requires belligerents themselves to publicly announce a definite date for the commei~cement of hostilities, from which date they become entitled to egercise the rights of belligerency, and are themselves required to comply with and to exact from neutrals the obligations of n~utralft~.
TREATMENT OF RESIDENT ENEMY SUBJECTS.
24. Legal stutzcs.-” Public mnr is a state of armed hostility. between sovere;lgn nations or governments.” ‘ So that the first effect of war betweeif two states is to cause every subjed of the one to becomb hd endmy of every subject of the other, since it is impossiblb ‘to sever’the subjects from their state.’ ,
I
IG 0 100 1863 art 20. . ‘
G: 01 100,’ 1863,’ar~’~l. ” The citizen or native of a hostiie couutiy
is thus an enemy, as1 one of the const~tuents of the hostile state or
pation, and as such is subjected. to the hardships of the war.” The
foregoing is both the American and English view. (Vide Land Warfare, OPP., P. 16.)
25. Right of control.-Every belligerent state possesses t4e inher,ent right to ta e such steps as it,may deem necessary for the control of all dtrsbns %do8e eo~$letOr presence appears dnngerobs to its safetj’.’ In stridt lat enemy subjects located or resident in hostile territory may be detaioed, interned, in designated localities, or expelled frpm the country.a
1Int. Law Dig. Moore sec. 1116. “Various measures ddde beLn
adopted by governments in relation to al!en enemies ‘r6siding within
their territory. Such persons may, says Rivier, be detained, especially
those subject: to military service. or they may Be intefnled in determinate
Places or yet ma be expelled: a brief delay being aIlowe’d them to
settle’up their af8aiPs. But sich measures, although justified by the
right of self-preServatlon, are less and less praCtlCed. dud are often
‘ Act July 6, 1798 ; 1 Stat 577 ‘ R. S see. 4067 Whenever there criticized as not being In harmony with the spirlt of m2deru war.”
is a declared war betwean tgb united ~t’ites and aiy foreign tldtion or
government, or any invasion or predatory incursion is perpetratdd,
attempted, qr thyeatened against $he terntory ,of the United States, b)
any foreign natlon or government, and the President makes public
proclamatioti of the event. all’ ma18 ‘nrrtives’ citbens denizehs or sub-
ject~Qf, the hostile Jnatio6 or government, ‘who are’l4 years’bld and
upyard and who are not actual1 naturalized, ,ma+ be liable for re-
moval & allen enemies’. and the $resident is authorized to airect the
conduct to be observed, ‘on ‘the gai-t of ‘the’ UnTt’ed States toward alieh’s’
who are liable to removal, the manner and degree or restraint to which
they may be subjected, and the security upon which their residepee may
be permitted.” Sec. 4069: The courts of the United States Baving
criminal jurispiction WI; authorized to enforce su h procl&mations.
The President need hot, call in the judiciary 10en{?r~e,~lp.$se pro-
vl?.!ons. (Lock’ington *?Smith,’Pet. C. C., 406.)
The Government may prescribe the conditions under which’ its’execu-
tive oficeqs are to deal wlth its aliep epemlea” (C. 4 01R.R. v. IJ, S..
20, C. Cls., 49.) . .
26. Jloderrz p?.mct;ccus to status.-It is now unirersally recog- nized that hostilities are restricted to the arqed forces of bel-
RULES-OB LAND WAR~FARIE.
ligerents, and that the nnarmed citizens who refrain ‘from acts of hostility and pursue their ordinary avocations must be die tinguished from the armed forces of the belligerent, .must be treated leniently, must hot be injured in thei$lives or liberty, except for cause or after due trial, and must not, as’a rule, be deprived of their private property?
I,G. 0. 100, 1863, art. 22. “Nevertheless as civilization has advanced durlng the last centuries, so has likewise kteadily advanced, especially in war on land, the distinction between the private individual belonging to a hostile country and the hosttle country itself with its men in arms, The principle has been mare and more ackdowledged that the unarmed citlzenls to be spared in person property and honor as much
as the,$xigencies of war will admit.” A; to what is meant by armed forces, see infra, Ch.’ 111, pp. 21-24. , ,
2%.Practice as to detention an61tldnternnzent.-Enemy subject’sare not made prisoners, en masse on the breabing out of hos- tilities? Persons known to be ‘active or reserve officers, or reservists, of the hostile army, as well as persons suspected of communicating with the enemy, will be detained and, if deemed advisable, interned oil the ground of self-preservation, in the exercise of the right of co~~trol.8
1 Napoleon based his action in making prisoners of war of all British subjects between 18 and 60 years of age in 1803 (the last case of the Irind) on the ground of retallation or reprisal.
2 Hague Conventioff, 1907 Actes Vol. I11 p. 109 discussed the fol- lowing proposition : ~ubjeitsof a’ belligereht residing in the territory of the adverse party will not be placed in confinement unless the exigen-
cies of war ry?c1er it necessary.” It mas ~uggested ,!hat the words ” nor expelled be Inserted after the word confined, but no action
was taken. (bide also pp. 9 10 and 110
3 Vide notes 1 and 2, par: 25: supra; dso Land Warfare, Opp., pp. 15-16
28. Practice as to expulsiolz.-In modern practice the expul- sion of the citizens or subjects of the enemy is generally de- creed from seaports, fortresses, defended areas, and the actual or contemplated theaters of operation.’ From other territory the practice is not uniform, expulsion being resorted to nsually
for grave reasons of state only.’ When decreed, the persons es- pelled shollld be given such reasonable notice, consistent with public safety, as will enable them to arrange for the collection, disposal, and removal of their goods and property.’
1Durine the Crimean War British subjects were expelled from the Russian 6aports of Cronstadt Odessa and Sevastopol.
Japanese subjects mere expklled frdm Slberia, Vladivostok, and Port Arthur in 1904. (Ariga, pp. 363-4.
In 1905 the Japanese ex elled all foreigners from Port Arthur, er-
cept about 20, as soon as tge defenses were completed.
In–1870 everv German ju Paris nnd Department of The Seine
-. was ordered to leav6
aln the crimean War Russian subjects were nllowed to reslde with- out molestation in Great Britain and France.
In 1870 Frenchmen were permitted to remain in Germany. On the contrary, German citizens were at 0rst permitted to remain in France,
RULES OF LAND WARFARE.
but afterwards were required to leave, on the ground of personal safety’
and publid defense.
In 1877 ‘Jhirkish subjects in Russia were permitted to remain and
continue their business subject to the laws.
In the ~~a0is.h- medica an War the subjects of both b~lligerents were
permitted to remnin or wtthdmhr.
In the Russo-Japanese F17ar Russian Subjects were authorized to re-main in Japan and were assured of the protection of their lives honor
and property, although a reservation was made as to surve~ll;\nce o; other measures taken by military or naval anthoriiirs for militavy pur- oses and limitations. were placed as to chan e of clomicile or journeys
fn cake the Government saw fit. (Ariga, p. $3,)Ja anese subjects were allowed to continue, under the protection of
the lfussian laws, thew sojourn and the exercise of peaceful occupations
in the Russian ‘Em ire, exce~t in territories which are under the con-
trol of the ~mperiafviceroy fn the Far East. In 1879 Cbileans were expelled from Bolivla and their goods confls- cated.
aU. S. R. Stat. sec. 4068 : “When an alien who becorncs liable to
removal as an enkmy is not chargeable with actual hostility or other
crimes against public sqfety, he must be allowed for the recovcry, dis-
osal and removal of his goods and effccts and for his deyarlu~e the
full time which mav be stioulated in anv ‘treatv: and where no ‘such
treaty enlsts the Piesident-may flx such reasohqhle time as may t);
consistent with public safety and according to the dictates of hunlanity
and national hospitality.”
I
CHAPTER111.
I
IPHl ARMED FORCES OF BELLIGERENTS.
I I,,
29. General division of menzy populatio%.-The enemy popu- lation is divided in war into two general classeg, known as ,tlte armed forces and the peacefut population. Both classes have distinct rights, duties, and disabilities, an: no person can belong to both classes at one and the same time.
=Vide &I.Con. V, Art. XVII (b),, “Rights and duties of, neutral powers and persops in mar cn land, Ch. XI.
30, Who are lawful ‘ belljgererit~.-H.~R. Art, I.. The laws, rights, and duties of war apply not only to arinies, but also to militia and volunteer corps fulfilling the following. conditions:
1. To be commanded by a person responsible for”@? sub. ordiliates:
2.-TO have a fixed distinctive emblem recognizable at a ‘dis- tanoe;
3. To carry arms openly; and
4, Tb conduct their operations iq accordance with tNe laws ,and lisages of war. In, c~untries where militia or voluhteqr carp$ constitute the army, or form part of it, they aredncluded under the denomination ” army.”
31. ‘The ar~lzy.-The members of the army as above defiged are entitled to recognition as belligerent forces whekher they have joined voluntarily, or have been compelled to do sb. by ptate law, and wbether they joined before or after walk is declared, and whetherlthey are-nationals of the enemy or of a neutral state.’ ,I
=Two classes of militia and volunteer corps are referxed to-the one which forms part of or the entire army and includes territoLqa1
forces: the other which must fulfill the four conditions mentioned.
, ‘
32. The first condition for militia and volunteer ;orps.-&!his condition is satiMed if commanded by a regulqrly OF ;tem-porarily colnqissioned officer, or by k person of pqition ,and authority, or if ‘the offlcers, noncommissioned officers, and men are furnished with certificates or badges, granted by the govern- ment of the state, that will distinguish ,them frod persohs acJlng on their own responsibility?
lThe German rule in 1870 that “every prisoner of :war m st provehis statua as a French soldier by the production of an order %sued by a competent authority and nddlfssed to himself showing that he has been summoned to the colors and is borne on the rolls of nrmllitaryunit raised b tlw French Goverument,” and thelr apparent refusal to
recognize indhjdu-al irregulprs and small bands enless they can prove
that they have state authorization, is not now legal tinder The Haguo Rules.
21

RULES OF LAND WARFARE.
33. The distincti~e sign.-This requirement will be satisfied by the wearing of a uniform, or even less than a completeunifol=~. The distance that th,e sign) must be visible is left
vague and undetermined and the practice is not uniform. This
requirement will be witislied certainly if .this sim 38 “easily
distinguishable by the naked eye of ordinary people” at a
distancesat wbicfi- the form of an individual cafi’be determined.’
Nvery ndtion making use of these )troops should adopt, before
hostilities commence, eithema uniform or n distinctive sign which
will fulfill the required conditiolls and give notice of the same
to the enemy, although this notification is not required.’
Ariga, pp. 88-88. “The Japaneke Qoverment will not consider as belligerents the free corps of the.’hational army referred to in the Russian note unless they can be ens!ly @stin$-uisbed by the paked eye
of ordinary pmple ormnleCs th~y”fulftl1 the conditions reqQired of the
mipia and volun&r carps by The Hague rule.’:
, 9 encounteriq.,eowt take plqce ,at dong rang& gt mhikh it is im-
posGible tp ,distinguish the colpr ,or’ the cut ,of t6k ‘cfothing it, mdt~ia
seem b8+lsbBle to prb~idb irregulars with a helmet slouch ‘hat, or
forage cap as being completely dltferent in outline &om the ordlnary
civili@n dress. It llla be sbjecte? however, that a headdress does not
legally fulfill the coniition’ that the slgn must be fixed. Something of

the nature of a badge sewn on the clothing should therefore be ‘worn in addition.” (Land Warfare Opp. pp. 19-40.).,In 1870 the (French mobile nqtibnal guard aRB ,franc tlred& yoreblue or gray ~iou’ses with.a’ red’ arm band. *he-fbrmer <‘ore, in addi-
tion, ‘a lforagdLCap-Vke~is).’The Germans refused ‘to recognize this ar
*
suf8cient, because the blouse ma? the, native costume and the red band
could be seen at so short a distance, besidep being readlly reploved so that it y~s
impossible to distinguish these troops from tHe ?rdi~&r;
citlaen. , I .
Ariga, p. 82. At Ping-yang Ja~anese ciyill’ans .wore a white ,helmet and European clothes, with a flower embroidered ip ~edthread on their
“A~C.
‘VUC”.
2Ariga, pp. 85-57. ~&e
‘Russians at ‘Sszhalien wore ho ulliform, but had a cross with the 1 letters .M. Ph. (Uo?zol~uz4anRegintent) ‘ on, their caps, on their sleeves a red band about two-thirds of an inch proad
with a red edging on their overcoats. Some of these troops mere exel
cuted for violation of the laws of nr&r. The author gives the impres-
sion that this was beoause they did not wear the,dlatinctive marks, not having been issued or if issued were thrown away6 The Russians ndtifiid the ~n;anese of the uniform adopted £0; .the
irregular r troops in Saghalien. !I t ..
, ’34. Carrping annk openly.-This condition is imposed to pre- vent’making Use of irms fdr active opposiition and afterwards discarding or concea’ling fhem on the apprbach’ of the egemy, and,wilI, not bie satisfied by carrying eonceqled ?eaaons,’-such as’ pisfdls; ‘da’gber~, sworcf stkclrs, etc. ,
35. Compliance zoilh the laws of zoar.-%+hen such’ troops are utilized theymust be instructed in #and be requiaed to conform to the lawd f’wdr, and especiall~ as to certajn essev$ials, such as the use) 02treachery, maltreatment of prieoqerq, the Ggu4ded antlcdead, violations ‘of or improper conduct .toward flags of ttuce, pillage, unnecessyys viblencd, and, destruktioli’ of prgpertg, etc.
RULES OF LAND W\ARFABE:
36. Levee en wasse.-H. R.,Art. 11. The inhabitants of a ,ter- ritory which has not been occupied, who, on the approach of the enemy, spontaneously take up arqs to, resist the inyading troops without having had time to osganize, tnemselves in accord- ance {with, Article I, shall be, ,regarded, as belligerents if they carry arms openly and if they respect the laws and customs of war.’ ,
=,Note that the first two requirements for militia and Volunteer aorps are not re dired, i. e., no responeible commander and no distinctive sign is requyred. The American rule, fro? which the above was taken, is cohtained in G. 0. 100, 1863′ art. 51. If the people otjthat portion of an invaded country which’is ‘not yet occupied by the enemy, OF of
the whole country, at the aproach of a hostile army: rise, under a
duly’ authorized levy em Musse to resist the Invader they ‘are now
treated as public en?’&ies, and, if capfpred, are prisoners of wa~.” The new ru e a~tually duly puthorizes th? levy and ormts, incl$lng
specilca\ly or of the whole cou:try,” mating bse of the words fbe
inhabitants of a territory.”
Mr. Oppenheim in Land Warfare p. 21 art. 31 says: “The word ‘territory’ in this relation is not ihtended to mean the whple extent
o’f a be!figerent state, but refers to any part of it whlch 1s not yetinvaded.
37. Caw not be treated as brigmds, etc.-No belligerent has the right to declare that he will treat every c~ptured man in arms of a levy e?%masse as a brigand or bandit.
‘G. 0.100, 1863, art. 52, par. 1.
38. Deserters, etc., do not enjoy immunity.-Certain classes of those forming part of a levee en masse can not claim the
privileges accorded in the preceding paragraph. Among these a,re deserters, subjects of the invadillg belligerent, and th$sse who are known to have ~iolated the laws and custolus of war.
lG. 0. 100 1863 art. 48. “Deserters from the American Army, hav- ing entered the serd.ice of the enemy, suEer death if they fall again into
the hands.of the United Rtatcs, whether by ca ture or Being delivered UD to tho American Bray; r.nd if a deserter from the cncmy, having taken service in the .4rms of the United States is raDtnrr-d–.-L>v the
~
-“—-,.-…. .
enemy, and punished by %hem with death or .otherwise, it is -ht,a
brea$ against the law and usages of war, requlrlng redress or rctalla-
tion.
39. Uprisings in occupied territor?~.-If the people of a coun- try, or any portion of the same, already occupied by an army, rise against it, they are violators of the laws of war, and are not entitled to their protection?
lG. 0. 100, 1863, art. 52, par. 2, vide infra, Chps. VIII and X.
40. Duty of oflcers as to status of troops.-The determination of the status of captured troops is to be left to courts organized for the purpose. Summary executions are no longer contem-plated under the laws of war. The officers’ duty is to hold the persons of those captured, and leave the question of their being regulars, irregula;~, deserters, etc., to the determination of com- petent authority.
‘Land Warfare, Opp , par. 37. .
24 RULES OF LAND WARFARE. t
41. Colored troops.-The law of nations knows no distinction of color, so that the enrolling of individuals belonging to civilized colored races and the enlployment of whole regiments of~colored troops is duly authorized. The employment of savage tribes or barbayous Ta$es should not be resorted to iu mars between civi-
lized nations.
1 G.0. 100, 1863, art. 57. “So soon ns a man is armed by a soverelgngovernlllent and takes the soldier’s oath of fldellty he is a belligerent’
his killing, wounding, or other warlike acts nre no: individual crimes o; offenses. No belligerent has a right to declare thnt enemies of a certain class, color, or condltiou when properly organized as soldiers, will not be treated by him as public enemies.”
42. Armed forces consist of combdtaqls add Aoncombatants.-
H. R., Art. 111. The armed forces of the belligerent parties may consist of combatants and noncombatants. In case of captureby the enemy, both have a right to be treated as prisoners of war.
1 , CHAPTEEIV.
‘
PRISONERS OF WAR.
1 I1
43. Definition.-,4 prisoner of war is an indiv’idual whom the enepy, upon capture, temporarily deprires of his personal liberty on account of his participation directly or indirecYy in the’hostilities, and whom the laws of mar prescribe shall be treated with certain con~iderations.~
1 Vide G. 0. 100, 1863, art. 40.
44. Treatme~~t.-The law of nations allows every so~ereigli Government to make war upon another sovereigu State, and, therefore, admils of no rules or laws different from those of regular warfare, regarding the treatnlent of prisoners of war, although they may belong to the army of a Governluent which the caotor mav consider as a wanton and unjust assailant.’
45.,Who can claim tlte statws of prisoners of war.-H. R., Art. 111. The armed forces of the belligerent parties may con- sist of combatants and noncombatants. In the case of capture by the enemy,, both have a right to be treated as prisoners of war.’ , ,
=As tp persons enjoying special exemptions when captured or upon
falling Into the hands of the enemy vide infra Geneva Coi~ventlon
arts. 6 to, 13; ~nfl:a, secs. 118 et seq. ;& to persons’ not directly attaclled
to the army. see ~nfra. secs. 46 et sea. ; as to persons who can not cla~ln
the rirhts of urisoners of war whencautured: see sec. 82 and secs. 367 et seqr
46. Indi.~’idzcalswho folloqa nn army without belongiBly to it.-
H. R., Art. XIII. Individuals who follow an army without directly belonging to it, such as newspaper correspondents, and reporters, sutlers, and contractors, who fall into the enemy’s hands and whom the latter thinks expedient to detain, are en- titled to be treated as prisoners of war, provided they are in possession of a certificate from the military Authorities .of the army ,which they accompanied.’
IF. S. R. 1914, Art. VIII, pars. 436431, p 168-9, Ariszn pp.
123-124. Certain newspaper correspondents sufjects of the ~kdnited States attached to the Russian Army also a ‘medicnl officer mlsslonary capturkd by the Japanese at Lio ~ang’were Sent under goard to Japan.
For forms of certificate, vide appen’dices A and B,this chapter.
47. What ciciiians mace prisoners of war.-In addition to the armed forces, both con~batant and noncombatant, vnd civilians authorized to’ accompany armies, the following kay be made prisoners of war:
(a) The sovereign and members of the royal family, the President or head of a republican State, and the ministers who direct the policy of a state.’
IG 0.100, 1863, art. 50, par. 2
25
RULES OF LAND WARFARE.
(b)
Civil officials and ,diplomatic. agents attached to the army;

(c)
Persons whose services are of particular use and benefit to the hostile :~rmy or its government, such as the higher civil officials, diplomatic agents, couriers, guides, etc.; also all per- sons who nlay be harmful to the opposing state while at liberty, such as pronlinent and influential political leaders, johrnalists, iocal authprities, clergymen, and teachers, in case they incite the people to resistance; <,

ZG. 0. 100, 1863, art. 50, par. 2.
(d) The citizens who rise en masse to defend their territory or district from invasion by the enemy.’
3Vide supra, aft. 36, and infina, art. 369; also C. 0. 300, 1863, arts 49 and 51.
/I
48. illi1iluv.y attucl~ds and ugev~:~of net~t)a2~.-;\lilitary at-tach& and diplonlatic agents of neutral powers accomganyipg an army in the field, or found within a captured fortress, ‘are not ordinarily held as prisoners, provided they have ‘proper papers of identification in their possession and takd no part in the hostilities. They may, be ordered out of the
ho\ve~er,~ theater of war, and, if necessary; handed over by the captor to the ministers of their respective countries.’
lA4riga p. 122. One foreign navnl officer and two oficcrs, ~nilitni~
attaches ‘with the Russiau army cnptured at hfukden by the Japanesp were triated with consideration and sent to ICoBe, Japan, where they
were turned over to their respictive delegatiods.
49. Wownded and sick pl-isoners.-G. C., art. 2, par. 1. Subject to the care that must be taken of them ,upder ,the preceding article (G. C., Art. I),the sick and wounded of .an army who fall into the power of the other belligerent become prisoners of war, and the general rules of international law in respect to priqoners become applicable to them.’
lVide infra par. 107. As to treatment to be accorded to medical personnel and’chaplains, vide G. C., art. 9,infra, par. 130.
50.
H. R., Art. IV. Prisoners of war are in the powerfof the hostile government, but not of the individuals or corps who capture them. They must be humanely treated.

51.
Subject’ lo 1lli1itas-y jurisdicti0n.-All physical suffering, all brutality which is not necessitated as an indispensable meas- ure for guarding prisoners, are formally prohibited. If pris-oners commit crimes or acts punishable according to the ordi- nary penal or ~llilitarq laws, they; are subjected to the qilitary jnrisdiction of the ‘state of the c8ptor.l

I I
Lois de la Guerre Continentale, Jacomet, p. 31, art. 8.
52. Personal belongings retained.-H.’R., Art. IV, par. 3. All their personal belongiags, except arms, horses, and military papers, remain their property. il
IlULES OF LAN3 WARFARE.
53: Chnot retain large smzs of-rmoney.-This rule does not authorize prisoners to retain large sums of money, or other arti- cles which might facilitate their escape. Such money aqd arti- cles are usually talcen from them, receipts are given, and they
are returned at the end of 3h.e war.’ ,,, ,
lHolland, Lams of War on Land, p. 21, aal. 24; Opp. Land Warfare, $aS. 70 nnd not They shovlfl be mag? to prove ownetship of such
hone$ and artit$& to determine’ that tbep ‘are not state ro erty.
Such ,property is subject ,to ‘requibitton as ,other property. Vlze Ynfra, apts. 345 et seq, I. l, I a
ti
54. ‘Belongings .hot trmsportab1e.-This rule’ does not compel the captor tb be responsible for suCU personal belongings of
‘ ,
prisoners as they are unable to transport with them.’
Arlga, -b. 925.
, 1 \
L
55. Includes uniform, etc.-In practice1 personal belongings are understood ‘to include mllitary uniforh~, clothinq, ‘and kit required for personal use, although technically they may’ belong to their Government.’ .
‘ I,
Opp. an! ~Cifare, par. 69 ,and Ariga,’p;, 161.
56. Booty.-hll captures and booty, except pecsoual,!belong- ings of psisoneys, becoqLthe property of the belligerent Govern- ment and hot of individuals or units capturing them.’
‘ ‘ ‘
1 G. 0. 100, 1863, art. 45. Vide infra, art. 337.
57. H. R.. Art. IX. Every prisoner of war, if he is auestio6ed on1 the,snbject, is bound to give his true name and Iank, and if lie iqfrioges this zule. he is liable tco,have:the advantages accorded to prisoners of his class gurtailed., .
,
58. Although a prisoner of war is bound, under the pdnar&ties named, to etqte truthfully his name ,and rank, yet he is not bound*ta reply to other questions. The captor is entitled to take advantage of every means, humane and not coercive, in order to obtain all infbrmation possible, from a prisoqer With regard to the numbecs, movements, and location of the enewy, but the prisoner can not ‘be punish& for giving false informa- tion about his own army,
lEriegsbraUch, p. 16. Opp. Land Warfare, par,’ 68.
59. ~nteyt&ment.-H. h., Art. V. Prisoners of war, may be interne@In a town, fortfess, camp, or other placb, &nd bound not to go’ be~ropd ~ertqin xed limits; but thejr daq not be con- fined except as ,ah ‘indisp’edsa$ie ,meashre of safety, and onlywhile the circunistances which necedsitate tHe measuti: oontinue to exist.
GO. Not crinzi?zals,~fie &st’inctioh herein intended is between
reptrictio* to’?, s~pcified locality and close confinement: Pris-oners of war ?p8iJ not be regarded as criminals or convicts.
,! :: c.
RULES QP,LAND WARFARE.
!@hey are guarded as a measure of security and not of punish- ment.’ I (. I Holland, Laws of War on Land, par. 25. Opp.’~and Warfare, pars.
86,’ 87.
61. Intem?nent.-The object of internment is solely to prevent prisoners from further participation in the war. Anything, therefore, may be done that I$ necessary to (secure this end, but nothing more. ~estrictions and inconveniences are unavoid-able, freedom of movement within the area of internment should be permitted unless there are special reasons to the contrary. The place selected for internment should not pos$ess an injo- rious climate?
1Prisoners of war will usuallv lie interned in some7 town. fortress. camp, or other place. Certain limits will be flxed, beyond Ghlch they are not permltted to go and may be required to respond to certain roll
calls and sub ected to other surveillance to prevent their return to their
own army. dpp. Land Warfare, par. 90.
62. Where colzfinec1.-Prisoners of war when confined for se- curity should not be placed in prisons, penitentiaries, or other places for the imprisonment of convicts, but should be conflned in rooms that are clean, sanitary, and as decent as possible.’
1 R’or disclplln~ry measures, vide H. R., kkt. VIII idfr$ par. 67.
63. illaintained by captor.-H. R., Art. VII. The Government into whose hands prisoners of war have fallen is charged with their maintenance.
In the absence’of a special agreement between the belligerents, prisoners of war shall be treated, aszegards board, lodging, and clothing, on the same footing as the. troops of the Go+ernment whom captured them.’
I
iThe Japanese granted 60 yen (30 cents) per da to officers and 30
yen (15 cents) to noncommissioned officers and soliiers-~ussian pris-
Qners of war-during cnptivity, which was nearly double the amount
allowed for theit: own troops. (Ariga,d. 113.). At the close of the kusso-Sapancke ar It mas agreed in the treaty
of eace that each belligerent should pay the cost of maintenance of its
solgiers while prisoners of war.
64.
Captuyed sz~pplies used-Prisoners are only entitled to what is customarily used in the captor’s country, but due allow- ance should, if posqible, be made for differences of habits, and captured supplies shoula be u’sed if thejr are available.

65.
Cay, utilize services.-lf. R., Art. VI. The State mayutilize the labor of prisoners of war according to tlieir rank and aptitude, officers excepted. The tasks’ shall not be excessive and shall have no connection with the operations of the war.

Prisoners may be authorized to work for the public service, for private pkrsons, or on their own account. Work done for the State is paid at the rates in force for’work of a similar kind done by soldiers of the natio’nal army, or; if there are none in force, at a rate according to the work executed.
RULES OF LAND WARFARE. 29
When the work, is for other branches of the public service or for private persons the conditions are settled in agreement with the military authorities. The wages of the prisoners shall go toward iniproviag their ,position, and the balance shall be paid them on their release, after deducting the cost of their main- tenance.
66. Work, even upon fortifications, at a distance from the scene of operntions, would not seem to be prohibited by this article., That the excess of money earned by prisoners,over that paid for purchasing comforts and small luxuries, can be re taiued by the captor in compensation for cost of maintenance, in case their Government fails to provide for their maintenance in the treaty of peace, is ell settled. The practice, Nh~wever, is against such retention.’
ISuch is the prnctica of Great Britnln. Mr. 11ollind says that she
expects reciprocity of treatment in thIs regard. (~a&$of War oh
at
Land. p. 22. par. 2G.)
IITTPMPTS TO ESCAPE.
67.
H. R., Art. VIII. Prisoners of war shall be subject to the laws, regulations, an$ ord’ers in ,force in the army of the state in whose power they are. Any act of insubordina,tioh jnstiges the adoption towards them of such measures of severity as may be considered necessary.

68.
Executio~~crf.-Prisouers of war may be fired upon an$ may be shot down while attempting to escape, or if they resist their guard, or attgmpt t~ assist their own grmy in ‘any’way.’ They may be executed by’ sentence of a proper court for any offense; punishable with death under the laws of th’e captbr, hfter due trial nnd con~ickion. It may &ell be doubt& whether such extreme necessity can ever arise that will cofhpel or wbr- rant a comqFnder to kill his prisoners on the ground of self- preservation.

They should be summoned to halt or surrender before flling. {Hague
Con. 1899 Pt I, pp. 86 87) , ,
Id. 0. i00 ‘1863 art: 80’ in referring to giving of quarter says :
“I3ut a comm’ander ‘is errnlited to direct his troops to give no huarter
in great straits, when Eis own salvation makes it in~pbsszbleto cumber
iimself with prisoners.” The Cermnn Kriegsbrauch Of 1902 says:
Prisoners can be killed * ‘ * in case of estreme necessity, when
other means of security are not available and ;he presence of the
prisoners is a danger to one’s own existence. * Exigencies of
war and the safety of the state come first and not the consideration
that prisoners ,of tar must at any cost’ remain unmolested,” No
Instance of resort to such executions have ,occu~red since 1799, when
Napoleon’ bayonetted thb Arabs at Jaffa.
I
69. ~rial’andpunishrnelzt.-For all crimes and misdemeanors, including conspiracy, mutiny, revolt, or insubordination, prison- ers of war are subject to trial and punishment in the same way as soldiers qi’ the army which captured them.
SO RULES OF LAND WARFARE.
70. ~olzspi?acy.-If a conspiracy is discovered, the purpose of &iCh is a united or general escape, the conspirators mag be rigorously punished, ere11 with death ; and capital punishment may also be-inflicted upon prisoners of war who are found to have’ plotted rebellion against the authority of the captors, whether in union with fellow prisoners or other persons.’
1G. 0. 100, 1863, art. 77.
71. C~imes co??znvitted before capture.-A prisoi~er of war 1.e-nlains answerable for his crimes comll~itted against the captor’s army’ or people, con~nlitted before he was captured, and for which he has not bee11 punished by his own army.’
‘G. 0.100, 1863, art. 69. Vide infra, Ch. X.
72. Parole.–H. R., Art. X. Prisoners of war may be set at liberty on parole if the laws of their country allovr, and, in such cases, they are boulid, on their personal honor, scrupulously to fulfill, both towards their own government and the government by whom they were made prisoners, the engagements they have contracted.
In such cases their own government is bound neither to require of nor accept from thdm, any ‘service incompatible with the paroiAbgive”.
73. The parole should be in writing and be signed by the prisoners.’ The conditions thereof should be distinctly stated, so as to, fix as defillitely as possible exactly tliat acts the
prisoller must refrain from doing; that is, whethe? he is bound to refrain from all acts against the captor or whether he must refrain only from taking part directly in military operations against the captor, and may accept office and render indirect aid or assistance to his own govenln~ent.~
IIt is customary to make out aroles in dqplicate, one of which is
sent to the enemy G 0.100 18t3 art. 125 When paroles are given
and received there rn~ist be a; ercdange of two wrltten documents, in
which the name nnd rank of the paroled individuals are accurately and truthfully stated.”,,
2.4riga p. 116 C’est l’article 7 de la capitulation qul r&l&menta la proced;rt de 1s. liberatios sur parole. Cet article de la capitulation disait que la ,pi~role sera donnee par Bcrlt de ne pas reprendre les armes contre le Sapon et de n’agir ,en aucune facon contre les interas
de ce pays jusqu’a la fin de la guerre actuelle.’ ”
74. R’o noncommissioned officer or private can gire his parole except through an officer. Individual paroles not given through an officer are not only void, but subject the individuals giving them to the punishment of death as deserters. The only pa-missible exception is where individuals properly separated from their commands have suffered long confinement ‘ &ithout’ the possibility .of being paroled through1 an officer.’
G.0.100, 1863, art.’ 127. he parole is essentially an individual
act. The agreement executed by an ‘officer for his subbrdinates 1s valid as to each only after his adherence. Vide G. 0. 100,1863,art. 121.
RUEES . LIIF LAND WARFARE.
75,,Commissioned officers can give their parole only with the permission of a military superior, as long as such superior in ran& is within reach?
-sLG. 0. 100, 1863 art. 126. AS to paroling of’officers intctned in
neufral terr~torf vlde infra, azt., 414, Ch. XI.
76. No paroling on the battle field, no paroling of entire bodies of troops after a battle, and no dismissal of large num- bers of prisoners, with a general declaration that they are paroled, is perrnibted or of any value.’
G. 0.:100, ,1563, art. 128.,
,, 77. A di~gerentgovernment may declare, by a general order, whether it will allow ,@aroLi.ng, and on what conditions it will allow it. ,&uch qrder is communicated to the enemy?
‘ 1G. 0. ,100,1863, art. 132. But vi(y Les Lois de la Guerre Con-tinentale,, by Jacomet, par. 17, p.136. It is understood that the re-serve formulated ,above 1n regard to the legislation of one of the bel- ligerents will bd bihd~ng only on the nationals of the ‘belligerent and not the bovernment of the adverse State.
,”,The belligerent who. grants liberty on parole to prisoners of war is pot bound to know if the laws of the cquntry authorize them to a6:~pt ,their ‘iiliert’y.
Their government pis bound by these obligations. (par. 2; B. R.)eveqdf its laws aqd regulations proh~bit freedom on parole but it has tQe right to inflict upon its nationals who play have ac:epted their freedom on parole abthorized punishments fo~’ violations of laws in for;Fe<or else make them return to the enemy.
If liberty on parole is d~savowed by his government his duty is to
return himself to ca tiv~ty, but if the enemy refuse to receive him or to relieve him of’hfs parole, the prlsoner is bound to conform to the agreements he has entered into.”
78.”~.-R., ,~rt.’VIII, par. 2. Escaped prisoners who are re-t@ken before being able to rejoin their own army or before leaviqg ‘t4e terri;tory occupied by the army which captured them are liable to disciplinary punishment.
79. T@e -words’ ” disciplinary punishment ” are ‘intended to ~%~lu?fe”dsei~tence of death. The usual punishment for at-tehpts to escape konsist in curtailment of privileges or Closer ConfilleMent or deteiltion.’
1 11dgue donfeGepce, 1,899:pi. I, p. 86 et seq.’
.SO. Not punisl~able for p~e~ious R., Art. VIII, par.
cscall.e.+H.
3. Prisoners who, after succeeding in escaping, are again taken prisoners, are not liable to any punishment on account of the previous flight.
I I
, 81.Can not force to accept parole.-H. R., Art. XI. A prisoner of war ,can not be compelled to accept his liberty on parole; similarly the hostile government is not obliged to accede to the request of the prisoner to be set at llberty on parole.
82. Violation of garole–H. , R., Art. XII. Prisoners of war liiierated on parole and recaptured bearing arms against the government to whom they had pledged their honor, or against
RULES OF LAND WARFARE.
the allies of that government, forfeit their right to be treated as prisoners of war, and can be brought before the courts.’ 1The courts referred to are the military courts contem lated under first paragraph ?f I-I. R. XII. According to the French dlitary Code,
art “02 see. 2 Every prisoner of war who having broken his parole
is ;&aitured &ith arms In hand, is punishAd Jacomet, art. 20, p. 37.  with death.”  Les Loti (
BUREAU  OF INFORMATION.
83. Punction  of prisoners’  infonnadion bureau.-H.  R., Art.

XIV,par. 1. A bureau of information for prisoners of way is in- stituted on the commencement of hostilities in each of the bel- ligerent states, ,and, when necessary, in neutral countries which have received belligerents in their territory. It is the fun’ction of this office to reply to all inquiries about the prisoners. It re-ceives from the various services concerned full information respecting internments and transfers, releases on parole, ex-changes, escapes, admissions into hospital, deaths, as well as other information necesary to enable it to make out and keep up to date an individual return for each prisoner of war. The office must state in this return1 the regimental number, nBme and surname, age, place of origin, rank, unit, wounds, date and place of capture, internment, wounding, and death, a,s well as any observations of a special character. The individual return shall be sent to the Gozvernment of the other belligerent after the co~clusion of peace.
=,The Zora “card” is perhaps a better translation than the word
” return
=See G C art. 4. It appears that some regulations should be formulate4 b% the United States Government for carrying into effect this article, as also article%4 of the Geneva convention, in view of the requirement to keep each other informed even during the continuance of the war with informatioil about the sick and wounded prisoners.
84.
Valuables 01%battle fielc1.-H. R., Art. XIV, par. 2., It is likewise the functiop of the bureau to receive and collect all objects of personal use, valuables, letters, etc., found on the field of battle or left by prisoners who have been released on parole, or exchanged, or who have escaped, or died in hospitals or ambulances, and to forward them to those concerned.

85.
Bureccus enjop free postage, etc.-?I. R., Art. XVI, par. 1. Burequs of information enjoy (the privilege of free postage. Letters, money orders, and valuables, as well ah parcels by post, intended for prisoners of war, or dispatched by them, shall be exempt from all postal duties in the countries of origin and destination, as we11 as in the countries they. pass through.’

lVide note 2, par. 83, supra. This article will require postal collven-
tions and additional legislation for full compliance.
85a. Free impoi-% duties.–H. R., Art. XVI, par. 2. Presents and relief in kind for prisoners of war shall be admitted free of
all import or other duties, as well as of payments for carriage by. the State railways.’ , I
1No special legislation has beeo passed by Congress but regulatfons
have been formulated by the Treasury Departme~t for givinz efPect to
this treaty stipulation.
86. Censorship.-The foregoing rule does not preclude censor- ship and regulations which the belligerent holding the prisoners may decide to establish withdegard to seceipt and dispatch of letters and other articles referred to.
PBISONERS’ BELIEF SOCIETIES.
87. Duties of.-H. IR., Art. XV. Relief societies for prisoliers of war which are properly constituted in accordance with the laws of their country and with the object of serving as Ithe channel for charitable effort shall receive from the belligerents, for themselves and their duly accreaited agents, every facility for the efflcient performance of their humane task within fthe bounds imposed by military necessitiks and a’dministrdtive ‘regu- lations. For the purpose of distributing relief, agents of these societies may ‘be admitted to the places of iatedent, as also to the halting place bf repatriated’ prisonerS,’if furnishdd with a personal permit by the military authorities and on giviag an undertaking in writing $0 comply with all,measures, of order ana police which the latter riiay issue. ,
PAY OF OFFICERS.-RELIGIOUS PRIVILEGES.-WIELS. ”
‘ 88. Pay of obcers.–H. R., Art. XVII. OWcers taFen prisoners shall receive the same rate of pay as offlcers of”corresponding rank in the country where they are detained, $he amount to be ultimqtely refunded by their own Gopernment.
1But see G. C.; art. 13 pa;. 143 which prescribes that, the medical
peraannel shalI receive the sqm; pay and allowances as p0fSOnSof corresponding rank in the enemy’s army.
89. Religious freedom.-H. R., &rt. XVIII. Srisoners of war shall enjoy complete liberty in the exercise of their religion, including attendance at the services of ,the church to prhich,they may belong, on the sole condition that they comply with the measures ‘of ‘order and polid Issued’ bp the military authorities.’
lThe simplest method for carrying oyt this obligation is to allow
ministers of their religion to have access to the prisoners at the usual
times of service. Cha lains attached to armies, so long.as they confine
themselyes to their sphtual duties, can not be mape prisoners of w@r
but they should be permitted to accompany priqoners ot war, intd
captivity if they desire to do so.
90. Prisoners’ u;ills.-H. R., Art. XIX. The wills of prid6hers of war are received or drawn up in the same way as for soldiers of the national army.
42225′-14-3
The same rules shall be observed regarding death certificakes as well as for the burial of prisoners of war, due regard being payd to their grade and rank’
“.Vide H.R. 14,supra, and G. C’, art. 4. ihfra.
ECCHANGES.
8 z
91. Exchangel can mot be demanded.-The exchange of pris- oners is an act 09 consenieni:e to both belligerents. If no2general cartel has been concluded, ft can not be demanded by either .of them. ON belligerent is obliged to exchange prisoners of war?
G.0.100, 1863, art. 109.
92. When exchange nzad~?.-No exchange of prisoners shall be made except after complete, captdre, and after an accurate account of them and a list of the -captured officers has been taken.’
7
“C.0.100, 1863, art. 110.

98: Exchange 01 phsonhks.,~xchanges of piisonera , take blace, number far number, rank for rank, disability for dis- ability, with, added condition for added I,conditipn-such, for instance,-@ ,not to serve for q certain period?<
1Q. 0.,100,,1863,art. 105. , a
8 L.
94. Substitutions.-In exchan~ng”prisoners of war such’ndm- bers of persons of inferior rank may be substituted as ah equiva-lent for one of superio~~rank
as may be agreed upon by cartel, which requires the sanction of the Goverqment or of the com- m&,nde$ of the arrdy in the field:
‘ *I
G.’0.,100, 1863, art.’106.
95. S1crp1us.-The sui-plub nurnber’of prisoners of war remhin- ieg after an exchange has taken place is sometimes released either for the payment of a stipulated sum of money or, in urgent cases, of provision, clothing, of other necessaried’ Such arrangement, however, requires the sanctiop of the highest
. authority?r ” i
J a
G. 0.100, 1863: art.’108. ‘
I
96. persons not ptihed’ tp,de;nd& treatheat bf prisokers,’ofwar.-” Spies, war traitors, and war rebels, are not excqangeil &cording to the cornqon la’w of war. The exchange of such per- sons vould require a special cartel, authorized by the Govern- pent, or, at a great distlance fr@m it, by the chief com~andFr bf the army in the field.
I i
G.,0.100, 1863, art. 103.

. 97. In modern#wars, exchange of prisoners has not beenpcom- mon, but the foregoing rules state accurately ‘the practice of nations in this regard.
98.
Repatriation.-II. R., Art. XX. After the conclusion of peace, the repatriation of prisoners of war shall be carried out as quickly as possible.

99.
When. repatriation delayed.-The immediate repatriation of prisoners of war is not always possible, due to the following causes:

1.Insufficiency of transport ;
2.
Obvious risk to captor State in restoring to the vanquished power troops of which it has been deprived; and

3.
Some prisoners of war may be undergoing punishment for offenses committed during their imprisonment.

APPENDIXA.
Correspondent’s PaSs.
WAR DEPARTMENT,
Wasl~.ington,———-,191–. The Bearer, Mr. ——————–,
whose photograph and signature are hereto attached, is hereby accredited to the Com- manding General, ——————–,United States Army, as news correspondent of the ……………….. with permis- sion to accompany said troops, subject to the Regulations governing Correspondents with Troops in the Field and the orders of the commander of said troops.
This pass entitles the correspondent to passage on military railways and, when accomll~odations are available, on Army transports, with the privileges of a commissioned officer, in- cluding purchase of subsistence, forage and indispensable sup- plies wlreu they cdu be sp’lred.
I LINDLEYM. GARRISON,
Secretary of War.
Official :
–. — – —-,
–
‘I’lre AG!JLL~CL?L~
ffene?.al.
-.——– – –
–.——-..-..
LSigntlture of the correspondent.]
…-19.. No.. .
1 ssued to.
………..

(Name.) dmployed as
…………….

(Status.)
…………….

(Date.)
……………….. :

(Issued by.)
APPENDIXB. w
-m
[Front.]
No.. . THEUNITEDSTATESOF AMERICA, ……19.. The bearer of this. …………………………..
(Name.) !@
2

is a civilian employee of the Army of the United States and M
61 is employed as 2.. …………………………… 0 Y
He is entitled under the laws of war, if captured, to the privi- F Ieges of a prisoner of mar. 3
……………………

(Name.)
(~evepseside completed beiore signature.)
To be four by ei ht inches perforated as indicated bound in books to retain stubs and numbered
consecutively. ~o%e nnted’on a hght-weight bond p)aper; the cert~ficate to be folded 40 about the stze of a postage stamp an5 carried m a small aluminum contamer suspended by a tape around the ncck; contamer to have stamped on it the same number as the certificate issued.
RULES OF LAND WARFARE.
THE SICK, WOUNDED, AND DEAD.
100. Regulations concerning, where found.-H. R., Art. XXI. The duties of belligerents with regard to the wounded and sick are governed by the Geneva Convention (of 1906).’
1 The convention for the amelioration of the condition of the sick and wounded of nrmies in the field July 6, 1906, became operative six months after signature (art. 30j. When duly ratified It re laced the convention at Geneva of Aug. 22, 1864 between the contractkg state% The lntter convention remains operativk between those sigl~atorles who did not ratify the subsequent convention of 1906 (art. 31). Other pow- ers were authorized to subsequently ratify the convention of 1906, and it
became operative as to them within one enr from date of rat~fieation in
case no one of the parties filed an obgction thereto (art. 32). Any
garty to this convention can denpunce the same by written notice.
uch denunciation becomes operatlve one year nfter recelpt of such written notice (art. 53).
101. Duties of neutral powers.-The duties of neutral powers as regards wounded and sick, who are permitted to enter their territories, are dealt with in the ” Convention concerning the rights and duties of neutral powers and persons ” at The Hague in 1907.’
lconventicn V of The Hague relates to ” The rights and duties of
neutral persons in warfare on land.” Convention XI11 relates to neutral rights and duties in mnritime war.
THE SICK AND WOUNDED.
102.
Cqre of, ob1igatol’y.-G. C., Art. I, par. 1. Oficers, sol- diers, and other persons officially attached to armies, who are sick or wounded, shall be respected and cared for, without dis- tinction of nationality, by the belligerent in whose power they are.

103.
What persons included.-This provision extends to all belligerents, as previously defined, who may be described as all those persons who may demand the treatment and privileges accorded to prisoners of war.’

‘Vide ante, Ch. 111, pars. 42 and Ch. IV.
104. Inhabitants not included.-It does not impose obligations to aid inhabitants or other peysons not officially attached to armies who may be wounded by chance or accident as a result of the hostilities in progress. But the dictates of humanitydemand that inhabitants so wounded be aided if the other inhabitants are without facilities to give them proper care, and
38
39
they can be so aided without neglecting the sick and wounded
of either belligerent.’
IOpp., Land Warfare, art. 177 and note.

105. Sick and woztvaded abalzdo~zed.-8. C., art. ,I, par. 2. A belligerent, however, when compelled to lease his sick or1 wounded in the hands of his adversary, shall leavet with thew. so far as military conditions permit,,a portion of the pe~gorin~l and materiel of his sanitary service to assist in caring for them.
1 The ommission of the words ” sick ort” ip the official translation is
clearly a typographical error. ,Vide original French and translation,
Appendix 9, p. 186.
106. Lletergninution of the e3cigency.-Necessarily the .com-
mander of the army, who is compelled by the military situation
to abandon his wouqded, must determine what, tht?,~re’cise, exi-
gencies of the situation permit him to do with re~a~d

t~leaving
his medical per,sonnel and mat6rjel behind for the care of his
nlounded and sick; ,but it is clearly intended by this sirticle thdt
he shall relieve the victor left in possession of:$de battle fiqld,
as far as practicable, of the additional butdens involved iq the
care of the enemy sick and wounded as well as his owp.’ ,

Holland, War on Lnhd, p. 28, par. .42.
lb7. Prisoners of zoai,.-G). C., art. 2, par. 1. Subject to the
care that must be takea of’them under the receding artible, tlie
sick and wounded of an army who fall into the power of the
other belligerent become prisoners of war, and the general rules
of international law in respect to prisoners become applicable’to
them.’ ,

r
Vide Hague Con. V, Art. XI11 post, Chap. XI, pars. 417-418 and 42’7.
, 108. Agreenzmts, exceptions, and ~laitigation~.-G. C., art. 2, par. 2. The belligerents remain free, ‘however, tb mhtually agree upon such clauses, by way of exception $r ‘favor, .id relation to the wounded or sick as they may deem proper. They s’hdll especially have authority to agree- ,
I
(a) To mutually return the sick and pounded Jeft on the Sleld
of battle after an engagement. ,,
(b)
To send back to their own country the sick ,and ,wounded
who have recovered, or who are in a wndition to be tra-nsportgd
and whom they do not desire to retain as prisoners., , , ,

(c)
To send the sick and wounded of the enegy to p qqutral

State, with the consent of ,the latter slid on condition that it
shall charge itself with their internment until the close of hos-
tilities.

109. Suggestions merely.-~hese must be regal-ded,,purely,gs
suggestions to commanders as proDer relax+tiops of the rigor
of the rules applicable to the wounded or sick, since..commanders
are “free to agree” as to the foregoing, as well as to mapy

other questions not suggested by these rules, regarclless of this article of the conveution.’
1 IIolland, War on Land, p. 28, art. 40.
110. Seavc7~ of battle field.-G. C., art. 3, par. 1. After every engagement the belligerent who remains in possession of the field of battle shall take measures ta search for the wounded
‘and to brotect the wounded and dead from robbery and ill-treatment.
111.Police of battle field.-‘I ne foregoing duty of policing the fleld of battle imposed upon the victor after tllrl fight contem- pli~tes that he shall take every iiieans in his power to comply therewith.’
IFor reg~llotions governing this subject see F.S. R., 1914,’pars. 231,349 ; vide also, Ariga, pp. 153-158, Takahashi, pp. 152, 154.
112. Punishme~zt of violatioirs of article.-The obligations im- posed upon commanders ag to protection of the wounded and sick from pillage and maltreatnlent contemplate that all guilty persons, whether subject to military law or civilians, shall be severely punished for’ ncts of ]~illnge alld rnaltrentment of the aoundeil and dencl. Xo statOte has been passed by Congress specifically applicable to the punishment of violators of: this
-article since the,convention was agreed to and as contemplated by prticle 28 of the same conventioa. In the absence of such legislation, however, offenders, both nlilitary and civilian, will be proceeded ,against as marauders by commanding ofticers in the field.’
‘Vide Chap. X, pars. 171, 374, and notes. Curry v. Collins, 37 Mo., 324, 328.
113. Rolls to be sent to enemy.-G. C., art. 4, par. 1. As soon as possible each belligerent shall forward to the authorities of their country or army “* * * a list of names of the sick and
, wounded taken in charge by him.’
lVide post, par. 1GG.
114.
Intevnments, o71aizges, and ndnzissions must be nzutually noticed.-G. C., art. 4, par. 2. Belligerents will keep each other mutually advised of internments and transfers, together with admissions to hospitals and deaths which occur among the sick and wounded in their hands.

115.
The foregoin,o provisions relate obviously to the wounded and siclrofjthe enemy, since the duties referred to with regard to wounded, sick, ‘and dead Of his own army will be regulated by the internal laws of the belligerent. The proper channel of coniriizlunication of ‘such information to the enemy is through the Prisoner’s Bureau of Information.

116.Appeals to inhaaila?zts in beAbZf of wounded, etc.-4. C.,
‘art., 5. Militarg authority may make an appeal to the chari- table zeal cf the inhabitants to receive and, under its supervi- sion, to care for the sick and wounded of the armies, granting to persons responding to su~h appeals special proteotion and certain immunities.’
‘Art. 5, Gen. Can., 1864. “Inhabitants of the country who maybring help to the wounded shall be respected and shall1 remain free.
The generals of the belligerent powers shall make it their duty to ln-form the inhabitants of the appeal addressed to their hudanity and of the neutrality, which w~llbe tbelconsequence of It. Any wounded mqn entertained and taken care of in a house shall be considered as a protection thereto. Any inhabitant who shall have ‘received wounded men into his house shall be exempted from the quartering of troops, as well as from a part of the contributions of war which may be
imposed.”
117. ~Wodification of ~012~812ti0~ of 1864.-The corresponding article of the Geneva conrention of 1864 is so modified in this that cammailders in the field are relieved of the suggested obli- gztion of illforming the inhabitants of the appeal addressed to their humanity. It also withdraws the pl’irileges contained ,in the conveiltion of 1864, Bnd very properly places the entire sub- ject under military supervision. The collection and remornl of the wounded are best performed under military supervision,even when the labor must be requisitioned, because it is only under such supervidion that it ‘can be properly regplated and co’ntrol1ed.l
lThe modifleation of the article of 1864 mas due to the fact that in the absence of military supervision, opportunities were afeorded ‘for pillage and maltreatment of the dead and ‘wounded. It mas also found
that the effect of the article was not to ameliorate the condition of
the mounded bot to encourage the Inhabitants to move mounded men
who should riot be mmoved and to prevent them from receiving proper
medical treatment when most needed. : Vide Ol>p., Land Warfare, pars. 182-183.
‘ SANITARY FORMATIONS AND EBTABLISI-IMENTS.
118.
Privileges of the sanitary foi’matiolzs.-(3. C., art. 6. Mobile sanitary formations (i. e., those which are intended to accompany armies in the field) and the fired establishments belonging to the sanitary service shall be protected and respected by belligerents. ‘

119.
What are mobile sanitary formatio?ts.-By mobile ,sanl- ‘ tary ‘formations must be understoocl all organizationsd which

follow the troops on the field of battle. In our service is in- cluded the following : (1) Reginlental equipment ; (2) Ambu-lance .c?mpanies ; (3) Field hospitals ; (4) The reserve meclica I supply; (5) The sanitary colubn. inclndin’g (a) Ambulance column, (b)Evacuation hospital ; (6)Hospital tmins; (7) nos- pita1 boats*; (8) Red Cross ti.ansport column.’
1 Vide Medical Manual, pars. 601, 626, 651, 681, 688, 697, 726. ,
120. Fixed estabZishnzents.-The term ”fixed establishments ” is clearly inteuded to ,cover statiopary or general hospitals, whether .actually movable or located on the line of communi-cations, or at a base, and in our service would include: (1)The bnse medical supply depot ; (2) Base hospitals; (3) Casual camps ; (4) Convalescent camps; and (5) Red Cross ho~pitfil columns.1
I Vide Medical Manual, para. 713, 720-722, also Cir. 8, S. G: lo., 1912.
121. what meant by respect and protection.-By ” respectand protection ” it is intended that they shall not be filded upon and shall be psotected in the discharge of their duties, and this is applicable to both classes, irrespective of the fact of the actual presence therein of the sick or wou~idecl. They are protected from deliberate attac1i.l
IVitle post, G. C., art. 9, par. 130. Land Warfare, Opp., par. 184, and
note 1.
122.
Yust not commit harmful acts.-G. C., art. 7. The pro- tection hue to sanitary format,ions and establishments ceases if they are used to c’ommit acts illfirious to the enemy.

123.
Cessation of immunity for harrnfzbl acts.-By cessation of protection is understood that these units may be fired on and the personnel tnlten prisoners and in n proper case reprisals may be resorted $0. As examples of harmful, acts may be cited-taking part in the campaign, ‘sheltering spies or com-batants, placing these upits directly in the line of fire bf the enemy, or in a strategic position, Where they restrict military Qperations or conceal guns, or making use pf sailitnry trains to transport effectives, etc. Since sanitary formations should be placed in concealed poillts where prqtected from the enemy’s fire, the placing of such pnits as indicated may excuse their being fired upon and the detention of their personnel, but before firinglupon them it is best, if possible, to direct them to with- draw.

‘In the French Conventions Internotionales concernant La Guerre sur Terre . 65, art. 7, note?,it is stated, in explanation of whqt is meant’by’ ‘Pprotection ceases that “in such case it is permitted ‘to
flke upon these formations &d make tllem prisoners. Under certain circumstances where .there is a manifest abuse ,of the immunity reprisals may be resortzd to.” And in explallatlon of the injurious acts referred to says: Whether in a direct manner, ,by takiqg part in the COmbat or indirectly for example, when the sanitary trams are used for the transport of ‘effective, combatants,” etc. ”A dlstinotlon must be drawn between an act intent~onally injurious and where, by its presence only, a sanitary establishment interferes with a militatyoperation, or again, where the sanitary personnel is found in the midst of the enemy troops, could give information of the d~spositions made. In such case the respect due to the ersonncl ceaseB to be obligatory, but only to the extent demanded by t%e conduct and security oP the operations In other ‘words the sanitary service can be ordered to retir?,, and ‘if it is necessaiy, this perSO4nel can be forcibly
detained. vide, also, Ariga, pp. 207 et seq.
124. Acts which will not forfeit pr~tectio?z:–6. C., art. 8. A sanitary formation or establishment shall not be deprived of the protection accorded by, article 6 by the fact:
.I
‘OF 48
1. That the personnel of a formation or establishment is a~med
and uses its arms in self-defense or in defense of its sick and
wounded.

125. What meant by selfLd8fense.-Althouqh the sanitary per-
sonnel may carry arms for self-defense, they should not resist
with such’arms their being captured by the enemy. ‘These arms
are for ‘their personal defense and for protection of the sick
audlw?unded under their charge against marauders and the
like. ‘ .

‘ !vide Land Warfare, Opp., p 45, par, 188.
., 126. PicLets and 8entineEs.-G. C., art. 8, par. 2. That in the
absence of armed hos~ital attendants. the formation is guarded
by an armed fle$achmeqt or by sentinels acting under competent
orders.

127. ~uah to the fact: that
for medical unit protected.-Due
in some armies traiped soldiers are used a# ~lledical orderlies, it
is expressly, provided that a picket or sentinel t’aken from a
cgmbatant,arm may be psed as a guard to a sanitary forma-
tion. Such guard,, when furnished with authority ip due form,
is entitled to the same priyileges as tQose of the m%cal per-
sonnel while so employed.

128. Trittem order indispensable.-It is ipdispensalhe, how-
ever, that such picket or sentinel be provided with a written
order that he cnu show to tqe ndversa:y.l Such pickets or
guards wilL,not be made prisoners of war.

The d~lgfnal French of the apLicle is ‘f d’un mandat regulier ” which
contemplates an order or written authority duly authenticated b> proper

authority. ,Nothing is Baid, abobt such guara being obliged to wear the
hvasc4rA
-,-.
—–.
vide; alga, G. C., art. 9, par. 2, post par. 130.
129. Weapons amd cartridg0s.-G. C., art. 8, par. 3. That arms
or cartridges, taken from the wounded”a,fid not yet turned over
to the,proper aut~oqities, are found in-the foqmation or estab-
lishment.=

j
’11
1 Thqse arms and ammpnition ehould be turned in as sow as prac-
ticable, and, tn any event, nre subject to,confiscation.

PERSONNEL.
I ”
130. Priuilegcs of personme1.-G. C., art. 9. The personnel
charged exclusively with the removal, transportation, ,and treat-
ment of the sick and wounded, as well as with the adqinistra-
tion’ of saqithry forldations and establishments, and the ohap-
laiqs attached to armies, shall be rssoected, a,nd protecte,d under
all circumstanoes.~ If they fall into the hands of the enemy they
shall not be considered as prisoners of war.

These provisions apply to the, guards of sanitary formaqions
and establishments in the case provided for in section 2 of
artiole 8.

131. Personnel contemplated.-The personnel here intended by the words “charged exclusively7′ is clearly the officers and men of the army service corps, including drivers of traqsports attached to the,~nedical service for the entire campaign, so that nlusicians and other soldiers, temporarily employed as litter bearers, are not placed under the protection of tbe convention. These latter should be supplied with a special brassard or cer- tificate.
132.Protection afforded.-The mediial personnel above re-ferred to, chaplains, and guards are l~rotgted from deliberate attack. There is no just cause for compl2int, as a violation of the convention, if they are accidentally lrilled or wounded in’ the execfition of their duties.’
ILand Warfare, Opp., art. 184, and note 1. “It [medical personnel] can not naturally be made immune from the effects of shell and bullet fired at’ranges at’ which badges aed uniform are not distinguishable.”
133. Voluntan~ aid societies.-G. C., art. 10. The personnel of voluntary aid societies, duly recognized and authorized by their own Governments, who are employed in the sanitary formatians and eitablishments of armies, are assimilated ,to the personnel contemplated in the preceding article, upon condition thht the said personnel shall be subject to military laws and regulations.
Each State shall make known to the other, either in time of peace or at the opening or during the progress ‘of hostilities, and in any case before actual employment, the names of the societies which it has authorized to render. assistance,*un$r its responsibility, in the official sanitary servica of its armies.
The Aperican. National Red Cross duly incorporated under the lams
of the United States Jan. 5 1905 (vide 33 Stat. 600 and amendment
36 Stat. 604) is dnder th’e proclamation of t6e ~rbsident published
in G. 0’170 b.b. Dec. 27 1911 the only iolunteer society now au-thorized by his ~o;ernment’to ren’der aid to it8 land and naval forces in time, of war and any other society desiring to render similar assist- ance can do so ‘only through the American National Red Cross.
Such portion’of the society as may render aid to the land and naval
forces will constitute a part of the sanitary services thereof. ,r
The War and Navy Departments are duiy authorized to comkunicate
directly with the president of the society. nrranging for and specifying
the characfer of services re uired, add designating where the personnel
and materiel will be assemhed.
It is prescribed that any member of the American National Bed Cross
when on dutv with the land and naval forces of the United States. uur-
suant to a proper ,call will be subject to the military laws and regha-
tions as provided in a’rticle 10.oP the International Red Cross Conven-
tion of 1906 (Geneva), and will be provided with the necessary brassard and ce~tificate of identity.
Except in cases of areat emergency the personnel Of the American
yational Red Cross wfll not be assignbd to duty at the front but will
lsi confined to hospitals in the home country, at *he base of oberations, on hospital ships, ahd along lines of communication, of the land and naval forces of the United States.
134. T7~e ~ational , Red, Cross.-The National Red Cross of
,America is the only volbntreer atd society that .can be employed by the land and naval forces of the United States in future wars to aid the medical personnel, and their employment must be under the responsibility of the Government as part of the medical personnel and establishments of its Army, aqd they must be assigned to duties in localities designated by com-petent military authority.
135. Conditions presct’ibed for employment.-The personnel aud establishnzents of voluntary aid societies, while so employed, are eutitlecl to the same privileges and protection as that to which the Army Medical Service is entitled under certain con- ditions, which are :
(a) That the societies are duly recognized and authorized by their Government.’
1 In this country ilie society is recognized by the statutes (vide note 1 par. 133). The personiwl must be provlded with the emblem
skrd) and also with a certificate as ~rescribed. The certificate s6:,”1″agive.a reasonably accurate description of the person employed, i. e., the age, color, sex, race, height, weight, color of eyes, hai’, and com-plexion. .In addition should be added the finger print af the ,index finger of the right hand with distinguishing marks. The certificate should also contain the number of the brassard issued to each person. For form of cert~ficate, vide Appendlx A, thls chapter. This certificate
should alwavs be on the Derson and misht ~ronerlv be inclosed in a light metallfc case stampeh \nth the sake liuniber-as the certificate, which would serve as an identification. tag.
The employment of a distinctive uqiform consisting of a blouse nn’d
shirt of blue and a cap of designated design would prevent confusibn and injury on, the part of the enemy. ,
(b) Thht the names of the societies to be employed must be notified to the ellemy before ally of the personllel is actually ernpl~yed.~
“is will be done by the Government at the ,outbreak of hpstillties,
of which notice will be had by commanders.
(c) That the personnel is subject to nlilitnry law.’
3 Vide statute cited in note 1, par. 133.

136. Reasons for conditions imposed.–In’past wars so many irregularities and even acts of hostility have been committed by members of volunteer aid societies that the conditions above mentioned have been found necessary. Commanders, before per- mitting their employment, should therefore assure themselves that these conditions have been strictly corul3lied with.’
1 Land Warfare, Opp., p. 46, par. 192.
137.
T7olunteel- societies of mez~tra1s.-G. C., art. 11. A recog-nized society of a neutral State can only lend the services of its sanitary personnel and formations to a belligerent ‘with the prior consent of its own Government and the authority of such belligerent. The belligerent who has accepted such assist- ance is required to notify the enemy before making any use thereof.

138.
Conditions of emp1ognzeizt.-It is necessary to secure the cousent of the neutral goverlunent as well, as that of the

46 RULES OF LAND WARFARE.
belligerent into whose service it proposes to enter, but it is not xlecessary to obtain the consent of the other belligerent who is notified of the fact of employment? Such employment in this country must be accomplished through the American National Red Cross?
1Vlde Genevn Conference Actes, p. 115.
2 Vide Q. 0. 170, Dec. 27, 1911, W. D.,par. 2, proclamation of Presi- dent.
C-4PlUBED I\lTDICAL PERSONNEI..
139. Privileges and d2itic.s.-G. C., art. 12. Persons,describedin articles 9, 10, and 11 will continue in the exercise of their func- tions, under the flirection of the enemy, after they have Pallen into his power.
When their assistance is no longer indispensable they will be sent back to their army or country, within such period and by such route as may accord with military necessity. Theywill carry with them such effects, instruments, arms, and horses as are their private property.
140. Interpretation of tl~ese ob1igatiolzs.-In interpreting the foregoing obligations two things, among others, must be carefully considered : (1)That the sanitary formations must not be placed in position to take back useful iafoi*mation lo their army, and
(2) that these rules are not meant to justify depriving the enemy of the services of his medical personnel for an indefinite periodof time. The former clearly precludes the absolute freedom of movement of this mcrlical personuel in the theater of war, even though claiming to be engaged in collectiag, aiding, or removing the wounded and siclr. Medical personnel of the enemy persist- ing in approaching places after being ordered to halt ]nay Be fired on as an exlrenle measure. There is nothing in the Genevcx conventioli conferring in?munity from search of its medical per- sonnel and units, and they may be stopped by the same llleans as a ship.
141. Detention and .route of return.-The medical personnel of a force which capitulates may be detained to attend the sick and wounded included in the surrender and sent back gradually. It is not left to this captured personnel to choose its own route, or the time of its return, both of which are determined by the captor in conformity to military exigencies.’
=Under the convention of 1864 medical personnel (arts. 3 and 4)might and did demand to be sent back to the outposts of their own army. The manifest impracticabliily of this rule and forced noncom-
pliance at times caused the modification adopted in 1906. Vide Opp. Land Warfare p. 46, par. 196 and note; Ariga. pp. 197, 206, 207, wherd instances are iet forth.
142. Pay and allowances.-G. C., art. 13. While they remain in his power, the enemy will secure to the personnel mentioned in article 9 the same pay and allowances to which persons of the same grade in his own army are entitled.
47
143. Personnel of dd societies not included.-lhe foregoing
artide has no application to the personnel of voluntary aid
societies, since it js limited exclusirely to those of article 9.

, ,
MEDICAL MAT~RIEL.
(‘144..Mobile fornzcctions.-G. C., art. 14. If mobile sanitary for-
mations fall into the power of the enemy, they shall retain
their matCriel,.including the teams, whatever may be the means
of transportation, and the conducting personnel. Competent
military auth~rity,, however, shall have the right to employ it

,in caring for the sick and wounded. The restitution of the matCriel whall take place in accordance with the conditions prescribed for the sanitary personnel, and, as far as possible, at the same time.
,I
A’
145. Limit on obligatio~z.-The obligation to return the teams
of mobile sanitary formations iS applicable to teams secured by
requisition, but there is no obligation to provide teams to facili-
tate the return of the mat6riel of captured mobile sanitary
formations.should they have lost all or part of their own animals
by casualties1

‘Ariia, pp. 206, 207, relates that after the Battle of idukden the
‘ Japanqse provided su@cient transport for 60 Russian personnel to re-
turn direct tp their army but sent the remaining 710 persons through
Chinese’ territory. vide blso Opp. Lknd Warfare par. 204 and note.
Every assistance practicable should be rendered f& the return in such
cases op account of the qiclt and woundcd.
146. Fixed establishments.-G. C., art. 15. Buildings and ma-
tRriel pertaining to 6xed establishments shall remain subject to
the laws of war, but can not be diverted from their use so long as
they are neces,sary for the sick ahd wounded. Commanders of
troops engaged in operations, however, may use them, in case
of important military necessity, if, before such use, the sick
and wounded who ?re in them have been provided for.’

“This article applies only to military hospitals. In confotmity with
art. 56, R. G. T., there Is no authority for taking possession of hospitals
which are utilized in time of peace for civilian sick. These hospitals
must be maintained for their qrdiuary purposes. Although tiley can
not be diverted from their prim~tive object, they can, however, be used
by8ihe military under requis~tion.” Vide Conveqpons 1nter:atlonales
concernant La Gnerre Sur Terre, p. 70. AJso Les Lois, etc., by
Jacomet, p. 51, art. 45.
147.’ Disposition of buildings m~d material.-The buildings of
fixed medical establishmeqts, hospitals, and depots can not,
frpm ‘theiq nature, be sent back to ,t4e enemy. It is contem-
plated that they $hall be used for inedical purposes so long as
necessary for the wounded and sick, except in cases of urgent
military pecessity,; but if other arrangements are made for the
welfare ot $he wounded and sick found in them, there is nothing
to prohibit the fortification and use of2 such buildings by the

captor. The m~teriel in such hospital or other fired sanitary establishment follows the fate of the buildings and becomes the property of the captor.
148.
il(atdric2 of coZzc?zteer dd societies.-G. C., art. 16. The materiel of aid societies admitted to the benefits of this con-vention, in conformity to the conditions therein established, is regarded as private property and, as such, will be respectedunder all circumstances, save that it is subject to the reoognized right of requisition by belligerents in conformity to the laws and usages of war.

149.
Uncertainty as to the rule.-There is a marked distlnc- tion as to trentment accorded to materiel of mobile sanitary formations, of fixed establishments, and of convoys for the evacuation of the siclr and wounded; and since volunteer aid societies employ materiel in the same units, it is uncertain what treatment should be accorded it when fouild in fixed estnblish- ments and with convoys. It is believed that this materiel should be treated under all circmnstances as private property; but, wherever found, it is subject to requisition.’

1 Land Warfare, Opp., p. 48, par. 209 and note e. “The difficulties of applying th!s clause wlll be great, for in some armies, notably the
Austro-Hungarlnn, the Red Cross societies provlde a considerable por- tion of the transport and other materiel Of the regular fleld medicnl units. Althoogh not so slated in the co’nventibn the medlcnl materiel or voluntary aid sociei~cs should only be reguisitionrd for the needs of
the Army medlcal service and not for those of the fi~htmg units.”
Mr. IIollancl, in his War oh Land, p. 34, par. 57, says : “The materiel of aid societlcs, whcn employed iu moblle units, would of course be restored in pursuance of Art. XIV, G. C. The treatment which it shoulg receive when employed in fixed military establ~shments is not so obvious. Shoulg it share the fate of such establishments under Art. SV, G. C.? This might be a discouragement to voluntary, aid. Or should it be exempt from confiscation? The latter alternative is ac-cepted in this artlcle, although belligerents may thus be tempted to protect materlel properly belonging to their medical service, by assign-in.-it over to volunteer societies.”
%h,e French, in La Guerre Su[ Terre, p. 71, says: Nothing has been definitely decided as to the jurid~cal situation of fixed establishments
and formations of aid societies. By annlagy to Arts. XV and XVI,
G. C., and to Art. 5G, R. G. T., it must be respecte~l in the same manner
as private property. lJossesslon can be talcen of ~t, ,but always on con-
dition of not deflcctlng it from its primitlve purposes as soon as it maybe needed.”
Vide G. C., Arts. 14, 15, and 17, pars. 144, 146, 147, and A4ppendls 9.
150. Co7avo.y~ of e?;acuation.-G. C., art. 17. Convoys of evacu- ation shall be treated as mobile sanitary formations subject to the following special provisions:
1.
A belligerent intercepting a convoy may, if required by military necessity, break up such convoy, charging himself with the care of the sick and wounded whdm it contains.

2.
In this case the obligation to return the sanitary personnel, as provided for in article 12, shall be extended to include the entire military personnel employed, under competent orders, in the transportation and protection of the convoy.’

RULES OF LAND WARFARE. .49
The obligation to return the sanitary matbriel, as provided for in article 14, shall apply to railway trains and vessels in- tended for interior navigation which have been especiallyequipped ,for evacuation purposes, as well as to the ordinaryvehicles, trains, and vessels which belong to the sanitary service.
Xilitary vehicles, with their ‘teams, other than those belong- ing to the sanitary service, may be captured.
The civil personnel and the various means of transportation obtained by redyisition, including rail’way materiel and vessels utilized for convoys, are subject to the general rules of inter- national law.’
‘ L ,
IThere .is no signal or generally recognized method for stopplng
these transports but tde practice is to fire across their fr)ont as is done
in stopping navh vessels. Vide ante par. 140.
151.
Power of belligerent oz;er convoy.-The belligerent can not only break up the,convoy but can also detain it for a definite ~eriod of time. confine it to a certain route. or designate the place where it is to report. This was not authorized under the

G.
C. of 1864.’ ILa Guerre Sur Terre, p. 70.

‘
CONVOY OF EVACUATION
152. Neans of donveyance.-Conveyance may take place by road, by railway, or by water, but to enjoy the benefit of this article must not be conlbinec viith or used for the trnnsportation of troops, of supplies, or c,j~ployed in any other connection with any military operation. ,
I
153. The personnel.-The personnel of the convoy may be-
1.
aed.icu1, such as those mentioned in articles 9, 10, and ll, which should be restored ip accordance with article 12;or,

2.
Raijlway, lqqned for transport purposes, which should be restored under article 14;or,

3.
iUilitary guards, whjch should be restored under article 9; or,

4.
CMl vequisitioned, which should be released, If not again requisitioned by the captor, uqder article 14.

154. Y’hc mati.rie1.-The mat6siel may belong to-
1.
The regular medical service of the enemy, or to aid societies recognized by him, in either of which cases it,should be restored under article 14;or,

2.
h’Iay consist of things requisitioned; that is, carriages, boats, etc., which must be rested in ac~ordance witb article 14; or,

3.
May consist of carriages, with their teams, borrowed from military units, whi’ch are thexi subject to capture.’

1
oila and, War on Land, p. 35, art, 58.
42225°-144     ,
TIIE DIS’I’INCTIVEEMBLEM.
,155. The red cross.-G. C., art. 18. Out of respect to Switzer-
land $he heralqic emblem of the red cross on a white ground,
formed b~!the reversal of the Federal colors, is continued as the
embleq and, distinctive sign of the sanitary service of armies.’
lTurke acceded to the Geneva Conv$?tion of 1906’on August 24,
1907, m&ng th resewation, however that its arrqies yill :$e the
emble? of the re\ crescent for the proiection of Its ambulances .add-
ing: It is nevertheless well understood that the Imperial ~overAment
will ~crupulously respect the invlolabll~ty of the Red Cross flag,”
Persia adopted in lieu of the red cross a red lion combined with a
red sun. V~de Spaight, War Ri~hts on Land p 466. Land War-
fare par. 210 and note. ~ollrkd, War on Laild, par.0#8:)’p. 36′ Les
hi;, Jacglqet, art. 48.
156. Where employed.-G. C., aft. 19. This emblem appears on flags and brassards as well rrs upon all materiel appertaining to the sanitary service, with the permission of thelcompetent mili- tary authority.
t’ I
157, The br.ussard.-Q. C., art. 20. The personnel protecteu in
virtue of the first paragraph of article 9, and articles 10 and 19,
will wear attached to the left arm a brassard, bearing a red cross
on a white ground, which will be issued and stamped by com-
petent military authority, rind accompanied by a certificate of
identity in the case of persons attached to the sanitary service
of, armies who do not have military uniform.’
%For dimensions of brassards, see General’Orders, NO.’ 84, War De-
partment, May 6, 1908.
I I
158.
Brassard to be fixed.–The cohvention &of 1864 with re-gard to the use of the brassard differs from that of 1906 in’ that the latte? requires that it shall be,Esed to the arm and sh5ll be permanently worn.

159.
,Precautions in, issue of brassards.-For the protection of persons to whom brassards are issued and to,prevent their im- proper use by spies and others, as well as t@conform to the re- quirements of the above artfcle, a register should be kept show- ing the names and description of the persolis to whom brassards’ have been issued. The brassard should be stamped with a spe-cial mark or nun~ber~by In the case of

the War Department. persons not wearing a military uniform a certificate must be issued containing the name, description,:and numb’er of the per- son to whom issued.’
lFor form of this certificate, see Appendix A, this &apter.
,The’~edical.~epartmenk
is charged with the duty of provid- ibg’, Eitampibg, and delivering brassards to all persons entitled to neutrality (protection) by virtue of the Erst paragraph of ar’ticIe 9 and articles 10 and 11of the Geneva Convention (1906).and of providing and delivering necessary certificates of identity to persons attached to the sanitary service who do pot have a military ~niforrn.~
2G. O., No. 27, W. D, 1909. par. 1.
RULES OF LARD WARFARE. 61
160. The,distinctive flag.–G. C., art. 21. The ‘histinctive flag of the convention can only be displayed over the sanitarf for-matiox& and establishments yhich the conventiov provided shall be respected, and with the consent of the, military authorities. Itshall be accompanied ,by the national flag of the belligerent to whose se?$ice the formation or establishment is attached. .,’
Sanitary formations which have fallen into the power ,of :the enemy, however, shall fly no other flag thin that of the’ Red Cross So long as they continue in that situation.’
lNo regulation has been prescribed for Oying this flag with the .na-llonnl flag,
I
161. ~iagsdesi&ted.–” The ‘flag of the Genera Convention, to be used in connection with the national flag .in timetof war with a signatory of the conrention, will be as follows:
” For general hospitals, white bunti%, 9 by 5 feet, with a red cross ofi bunting 4ifeet high, and 4 feet wide in the center; arms of cross to be 16 inches wide.
“For field hospitals, white buntiug, 6.by 4 feet, with a red cross of bunting 3 feet high aud 3 feet wide in the center ;arms of cross to be 12 inches wide.
” For aniQulances and for guidons to mark the way to field hospitals, white bunting, 28 by 16 inches, with a red crass of bunting 12 inches high and 12 inches wide id the center; arms of cross to be 4 inches wide.” ‘
1 .\. R , 1913, par 225 ,
I
bt nlght every sanitary formation fixed or movable is designated by
means of lights (lanterns). The lights used in this ionntry are green.
F.S. R., 1914, Appendix 5. There seems to be no fixed rule among nations in regard to this des-
ignation at night. In B’rance they are designated by two lights-red
and whitothe one above the other. In Great Britain by two white lights. In some other countries by one or more red lights.
162. Jfilitaly hospital s1~ips.-Convention X, Hague, 1907, Ar- ticle V. Military hospital ships shall be distinguished by being painted white outside with a ,horizontal band of green about a ineter and a half in breadth.
The ships mentioned in al’ticles 2 and 3 (i. e., hospital ships, equipped wholly or in par.t at the expense of private inilividua1S or officially recognized relief societies) shall be distinguished by being painted white outside, with a horizontal band of red about a meter and a half in breadth.
The boats of the ships above mentioned,,as also small craft whhh may beo’ukqd for hospital work, shall be distinguished’by similar painting.
All hospital ships shail make themselves kno6n by hoisting, with their national flag, the white flag with a red cross provided by the Geneva Convention, and, further, if they belong to a,neu- tral State, by flying at the mainmast the national flag of,’the belligerent under whose control they are placed.
I_
Hospital ships which, in the terms of article 4, are detained by the enemy, must haul down the national flag of the bel-ligerent to whom they belong. P
The dbips and boats above mentioned which wish to insure by night the freedom from interference to which they &re entitled inust, subject to the assent of the belligerent they are accom- panying, take the necessary measures ‘to render their specie1painting sufficiently plain.
163.
Hanitar~ formations of neutral countries.–G. C., art. 22. The sanitary formations of neutral countries which, under the conditions set forth in article 11,have been authorized to render their services, shall fly, wjth the flag of the convention, the national flag of the belligerent to which they are attached. The provisions of the second paragraph of the preceding article are applicable to them.

164.
Protection and use c~fthe pug.–Ci. C., art. 23. The em- blem of the red cross on a white ground and the words “Red Cross ” or “Geneva Cross ” may only be used, whether ih time of peace or war, to protect or designate sanitary formations and establishments, the personlie1 and materiel protected ty the convention.’

l Since the ” Geneva ” or ” Red Cross” is the distlnctlve mark of the medical service of armies, some additional mark, such as the name of thc society, should be added io it in o~der to secure roper prate?;
tioq, for the rna;$rlel of such volunteer ald soc~etles. TR~ Geneva
or Red Cross alone is not sufficient to distinguish such materiel from that of the regular medical service.
THE DEA4D.
165. Protection of tl~e dead.-G. C’., art. 3. After each engage- ment the commander in possession of the field shall take meas- ures * * * to insure protection against pillage and mal-treatment * * * for the dead.
He will see that a careful examination is made of the bodies of the dead prior to their interment or incineration.’
‘The evident intent of this article is to Insure that life is extinct be-
fore burial or cremation.
There is no express statement in the Geneva Convention that the
dead shall be buried or cremated, although this is the practice of the
majority of c~vilized States. For rules prescribed by the U. S. for
clearing the battle field see F. S. R., 1914,pars. 231, 349, 350. ‘ .
166. Disposition of mavlcs, tolcens, letters of the doad.-G. C.,
art. 4. As soon as possible each belligerent shall forward to the authorities of their country or army the marks or military papers of identification fouad upon the bodies of the dead. They (the belligerents) will collect all objects of personal use, valuables, letters, etc., which are found upon the field of battle, or have been left by the sick or wounded who have died in sanitary formations or other establishments, for transmission to persons in interest through the authorities o$ their owe country.
RULES, OF LAND WARBARE. 63
167.Application and carvying out of the convention.-(;. C., art. 24. The provisions of the present convention are obligatory only on the contracting powers, in case of war between two or more of them. The said p~oyisions shall cease to be obligatory if one of the belligerent powers should not be signatory to the convention.’
jL I
i I
Vide ante, par. 100 and note:
168. Commanders to carri out details and provicZc for unfol-e- seen cases.-(;. C., art. 25. It shall be the duty of the com-manders in chief of the belligerent armies to provide for tl’e details of execution of the foregoing articles, as well as for unforeseen cases, in accordance with the instructions of their respective Governments, and conformably to the general prin- ciples of this convention.
169.Must instruct troops and notifu in7~abitants.-G. C., art. 26. The signatory Governments shall take the necessary steps to acquaint their troops, and particularly the protected personnel, with the provisions of this convention and to make them known to the people at large.
170. Prave~ttion of abuses and infractions.–G, .C., art. 27. Signatory powers whose legislation may not now be adequate engage’to take or recommend to their legislatures such measures as may be necessary to prevent the use, by private persons or by societies other than those ‘upon which this convention con-fers the right thereto, of the emblem or name of the Red Cross or Geneva Cross, particularly for commercial purposes by means of trade-marks or commercial labels.
The prohibition of the use of the emblem or name in question shall take effect from the time set in each act of legislation, and at the latest five years after this convention goes into effect. After such going into effect, it shall be unlawful to use a trade- mark or comm’ercial label contrary to such prohibition.’
=The American National Red Cross ~’30,incorporated ~indci- act a proved Jan. 5, 1905, and amended by Ch. 372, June 23, 1910 (36 stat; 604).
171. Repression of acts of pillage.–G. C., art. 28. In the event of their military penal laws being insufficient, the sig-natory Governments also engage to take, or to recommend to their legislatures, the necessary measures to repress, in time of war, individual acts of robbery and illtreatment of the sick and wounded of the armies, as well as to punish, as usurpations of military insignia, the wrongful use of the flag and brassard of the Red Cross by military persons or private individuals not protected Ly the present convention.’
Aside from the legislation referred to in ‘note, par. 133, no special
legislation has been Bnacted by Congress. Tide antc, par. 112 and note,
also post, par. 374 and note..
[Front 1
In accordance with the provisions of the International Name.. ……….,…..No. ..: No. .. Red Cross Convention (1906), I certify that the bearer
Organization.. ………………………………………………(see over) is author-

(Christian name.) (Surname.)
Capacity……………….. ized to accompany the :..

…….-……..

….
……-..-

(State organ~zation to whlch attmhed.)
in the-capacity of. …………… .; ……………………

(State function.)
Place……………………. He (she) has been issued a brassard, numbered to correspond to the number on this certificate, and is entitled to the privi-Date:. ………………… leges and immuGties provided by the Red Cross convention.
………………

Issued by.. ……………… .: Place.. ……………… Date. ……………….

To bp 4 by 8 inches, perlorated as indicat~d,~b,oundin books to retain stubs, and numbered conseciitively.
To be printed on a li ht-We?ght bond paper; the certficate issued to bo folded to about the slze of a postage stamp
and carned ins ~a~kalurmnurn
conamer sus ended by a tape mound theneck like the Army ~dentihmon tag:
container to have Stamped on it the same num%er borne by the certficate and brassard. –
9

RULES OF LAND WARFARE.
[Back.]
Identi&gti?p ,
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………………………………………………
‘ ((‘olor of eyes.) (Color of hair.9

I
Finger print.
nightiqdex finger. ,
< United States Army.
.I I
‘ ‘ IdentiJLication. :
l c
……………………………………………….

(Chnstlan name.) (Surname.)
…………………………………………

(St~tus.)
)
………………………………………….

(Age ) (Height.) 1 (Weight ) 1 ,
…………………………………. ‘. !! …. ‘

(Color of eyes.) I ‘ (Color of hair.)
Finger pHnt. ‘
1
Right index finger.
Remarl~s.~’ ‘ , , I ,
These apprbxitnately. I 2,Include here notation of scars, eta., Ghich wili aid in iden-tification. ,
I
I
CI-TAPTER I.
VI, SBCTIOS
THE CONDUCT OF HOSTILITIES.

172.
Neans of conducting hostilities.-H. R. XXII. The right of belligerents to adopt means of injuring the enemy is not unlimited.

173.
Linzitatio??~on means of ca.rr2/i?zg on %oar.–On generalprinciples it is permissible to destroy your enemy nnd it is

immaterial how this is accomplished. But in practice the means employed are definitely restricted by international declarations and conventions, and by the laws and usages of war. Generally speaking, the llleans to be employed i~lclucle both force and stratagem, and thcre is included therein the killing and dis- abling the enemy, forcing hill1 by defeat and exhnnstioa to sur- render, the investment, bombardment, or siege of his fortresses and defended places, the damage, destruction, and ap1)ropriation of property, and injury to the general resources of the country.’
XFlad Oyen. (1 Rob., 134) ; G. 0. 100, ISC3, all. 17 ” TVnr is not
carried on by arms alone. It is lawful to starve the hostile belligerent. armed ,pr unarmcd, so that it leads to the sgeedier subjection of the enemy.
174.
Discltarging explosiucs from bnZ1oolzs.-H. D. XIV,1907. The contracting powers agree to prohibit, for a period extending to the close of the third pe$ce conference, the discharge of pro- jectiles and explosives from balloons or by other new methods of a similhr nature.

175.
There mere three declarations included in The EIague Conference of 1899 with reference to the improper use of pro- jectiles, but the abore is the onlp one of the three to which the United States was n pnrty. This may be said to be of com-paratively little ~alue since it has only ten signatories and the United States and Great Britain are the only two of the great powers who have ratified the snme, and then, too. the same ob- ject is substantially accomplishecl under H. R.XXV.’

I For other conventiyq. see declarntionq 2 and 3 nt The Flague, of 1899 as follows: 2. The contractinp powers renounce thc use Of
r..,,.-~~~~~~~~~~s the sole ohiect of which is the diffusion of nsphsxiatinp or
~.-.
~~~
deleterious .$.ases.” 3.-“The contracting powers renounce fhe use of bullets which expand in the human body, such as bullets w,ith a hard envelope which does not entirely cover the core, or- is pierced with
incisions.”
The United States refused to adhere to these provisions, and its repre-
se?>ativcs presented as n substitute the following :
The use of bullets which inflict unnecessarily cruel wounds-such
as explosive bullets, and, in general, everv Itlo$ of bullet which exceeds the limit necessary :or placing’s man immediately hors de combat-shonld be forbidden. ,
The United States has however by convention or otherwise adhered
in its war5 to the prin’ciple ann’ounced in the proposed ndendment. Vide Am. Jour. Int. Law (Gen. G. B. Davis, vol. 2, pp. 74-76).
RULES OF LAND WARFARE.
The following Lqeclarations of the St. Petersburg Convention were never ratifled by &he United States, and are now considered as limitlng too much the legitimate methods of making war :
” Considering that the progress of civilization whould have the effect. of’plleviating as much as possible the calamities of war:
That the only legitimate Object which States should set before them- selzes during war is to weaken the military forces of the enemy ;.
Thaf for this purpose it is sufficient to disaqle the greatest possible number of men.
That this Abject would be exceeded by the employment of arms which would uselessly nggravate the sufferings of disabled men, or re:!er their death inevitable ; and
That the emplopment of such arms would, therefore, be contrary to the laws of humanity.”
1’76.The use of poisoa.i~. R. ‘XXIII, par. (a). In addition to the prohibitions provided by special conventions, it is especially forbidden * * * to employ poison or poisoned weapons. ‘
177. Application of 9-tile.-This prohibition extends to the use of .means calculated to spread contagious diseases, and7includes tlie deliberate contamination of sources of water by thrdwing into same dead animals and all poisonous substances of ,any kind, but does not prohibit measures beinp take to dry up springs ol’ to divert rivers and aqueducts from their courses.’
I~deoriginal or base of ,;this prohibition is found in G 0. 100 of 1863, art. 70, as follows: The use of poisbn in any manner. b;! it to polson wells, or food, or arms, is wholly excluded from modern war-
fare. IIe thaf, uses it puts himself out of the pale of the lams and usazes of war.
–
178. The use of treachery.-H. R. XXIII, par. (b). It is especially forbiddeli * * * to kill or wound treacherously
”
individuals belonging to,’the, hostile nation 07 army.’ 1 It would be treacherous to call orit “Do not Are: we arex friends,”
and then iirc a volley. To feign deith and then flre at an enemy. Land Warfare, Opp., p. 37, note (b).
179. Assassination a~dout7azury.-Civilized nations look with horror upon offers of rewards fop the assassination of enemies, and the perpetrator of such an act has no claim to be treated as a combatant, but should be treated as a criminal. So, too, the proclaiming of nn individual belopging to the, hostile army, or a citizen or subject of the h~stile government, an out- lam, who may be slain without trial by a captor. The article includes not only assaults upon individuals, byut as well any offer for an individual “dead or alive.”
=Vide Laws of War on Lnnd, Holland, p.’43; Land Warfare, Opp.,
arts. 4$ and $7. Irs Lois iacomet p. 58 art. 5. O. 0. 100 1803 ‘
148. The lad of war dbes. not al’low prbdairni~q eitbdr ad ~ndihf,”ti belonging to the hostile army or a citlzen or a bubiect of the hostile -or- ernment an outlaw who may be slain without trial by any captor, by more than tlie modern law of pence allows such intentional outlawrv: on the contrary it abhors such outroge. The Sternest retallation shodd
follow the mnrAer committ~d In conseouencp of such proclnmation, made l~vwhatever authority. Clvilised nations look with horror upon oYPers of reyards for the assaspination of enemies as relapses into barbarism.”
68 RULES-OF LAND WARFARE.
‘180.Injuring an enem2) who has szrrrendered:-H. R. TXIII,
par. (c). It is especially forbidden *, * * to kill or wound an enemy tho, ha~ing hid down his arms, or having no longer means of defense, has surrendered at discretion.
181. Pmalty for violation.-War is for the purpose of over-coming’ krmed resistance, and ab vengbance can be taliell be- cause an individual has done his duty ;ta,,the last. And “,wb’o- ever1 intentionally inflicts additional wounds on an enemyqlready wholly disabled, or lrills such ah enemy, or who ordelUs or encourages soldiers to do so, shall suffer death, if duly con- victed, whether he belongs to the Army of the United state^; or id an enemy caqturen after having ,committed $helmisdeed.” ‘
0 100 IS63 ark 7,l. Vide plso G.’c,arts. 3 and 28, p?is,,110,
166, a?d’ 171: supri.
182. R~fvsal of quarter.-H. R. XXIII, par. (d), It is es-pecially) forbidden * * i* to declare that no quarter will be given. , , , I
g
183. It is no longer hontemplated,tl~at ~uarter wiil be refus$ to the garrison of a fortress carried by assault, to the Gefenders of an unqefended place w,ho did not surrender when threat,ezied with bomb&r,dme;nt, or to, q weak garrison which obstinatelj: and uselessly persevered in defending a fortified place against over- whelmia’g odds.’
=Land Warfare Opp p 24, par 49. But see G. 0. 100, 1SG3, art. 62 :
“A11 troops of tde ene’m; known or discovered to givB no quarter in
general, or f? any portion of the army, receive none.?’ ,,ART. 60. I$ is apingt the ugage of modern warEare* to resolve, in
hatred and revenge, to giqe no quartet. No body of troops has the right to declare that it mill not give and therefore will not expect,quarter ;t but a commander IS perm1tte8 to direct his troops to give, no quarter, in great straits when his own salvation makes it impossible ,to
cumber him~elf with p:isoners.”ART. 63. Troops Who fight in the uniform of their enemies,’ without
any plam, ,striking, and unifgsm mark of distinction of fheir own, can
expect no quarter.” See also aTts. 63 add 60.
All of the forekoing rules are’ ndw superseded by The Hague rule.
Vide par. 368 infra. ‘184. EmpZoyrnk!n$ ‘of,arms, ‘etc., caukilzg wnnecessary injdry.-
H. R. XXIII, par. (e). It is esoeciallv forbidden * * * to employ arms, projectiles, or matkrial, of a nature to cause u’n-fibcessary ihjury.
I
185. What included in prohibition.JThe foregoing prohibition is not intended to apply to the use of explosives contained in ar,tillery projectiles, mines, aerial torpedoes, or hand grehades, but it,does include the use of lances with barbed heads, irregu- lar7shaped bullets, projectiles filled with glass, etc., and the use of any substance on these bullets that would tend to unneces- sarily inflame a wound inflicted by them, and the gcoring of the surface or filing off the ends of the hard case of such bullets. It
is believed that this prohibition ektends ‘to the use of soft-nosed and explosive bullets, mentioned in paragraph 175 and note.
RULES OF LAND WARFARE. 69
186. Train wrecking, etc.-Train wrecking and setting on fire camps or military depots are legitimate means of injuring the enemy when carried out by the members of the armed forces. Wrecking of trains should be limited strictly to cases which tend directly to weaken the enemy’s military forces.’
I .L
_
l OPP Land Warfarq, 24 par 45 Mr. Spaight War Rlghts on Land, og p. 127, says : &ou~h raiiwai breaking is aslegitimate act of warfare designedly to w!.cclc a hospital train or a train which 1s known to be c6nveyiug >pr.acsable inhabitants, wouid not be legitimate, ,for it would lack the essrutiul rcnuirement of bein intepdecl to weaken the enem ‘s military forces. But, geherally spepkfngng, tailro&ds being to-day an nlfimportant means of warfar8 such des~gn wbuld have to be clearly proved against a belligerent to condcbn him for, exercising his broad war right to interrupt his enemy’s communications. It is a very sad but inevitable consequence of a lbwiul act2h;t i$ may endanger dr klll
persons who are strangers to hostilit~es. A belligerent has a war right not onlv tcl stop a train but to blow it sky high if it carries fighting t;dops or’mar material or’suppl~es, and this war ;ight he will hardly forego for humanitarian reasons. The strategic use of railways Is so important that they must be regarded, in a country where active hostilities are going on, as a specific means of warfare, and only second- arily as fulfilling the ordinary functions of railways in eace time. As I have sald before, noncombatants must travel by trafn at their ‘risk when there Is war in the land, and the only practical method of insurin
their safety appear? to be the sending ahead of a herald engine to t?sf the line.”
157. Subjects not to be comnpelled lo take part in operations against their own country.-H. R. XXIII,,last gar. A belligerent is likewise forbidden to compel the nationals of the hostile party to take part in the operations of war directed against their own country, even if they, were in the belligerqnt’s, service before the commencement of the war.
158. Interpretation of this article.-This article was intro- dnced by Germany for the purpose of estenaing the prihciples of article 44 of The Hague Conference of 1899, which it was intended to replace, to all persons over whom a State exercised jurisdiction. The Austro-hung aria:^ amendment to insert the words “as combatants ” after the words “take part ” was re-
jected and the article passed subslantially as proposed. ,The language used is still a.mbiguous, since it is uncertain whetber it is unlawfol to compel inhabitants of occupied territory to work \on,certain worlcs that may be urgently required, such ,as roads andrbridges which may be of ultimate military service, or whether these inhabitants can be compelled to act as guides by the enemy. This practice is still considered as admissible by ~ermany.’ ,,
1 Vide War on Land Bolland p. 44 art. 77, ;The8 IIaglle Peace Con- ferences b Higgins ip265-260 for ‘further discussion. Kriegsbrauch,
p. 48. biie post di&uskion of H: R. 44,,pars 5″-323 and notes.
CHAPTERVI, SECTION
11.

STRATAGEMS.

189.
H. R. XXIV. Ruses of war and the employment of meqsures necessary for obtaining information about’ the enemy and the country are, considered permissible.

190.
Good faith.-Absolute good faith with the enemy must be observed as a rule of conduct. Without it war will degener- ate into eycesses and violences, ending only in the total destruc- tion of one or both of the belligerents?

1G. 0. 100, 1863, art 1G. ” It (military necessity) ndmits of decep-
tioil but disclnims acts of pergdy ‘ and in general military necessity
does’ uot include any act of hostility ‘which malds return t? peace
unnecessarily difficult.” Land Warfaye, OBP par. 140 141. Should
it he iound impossible to count pn t>e loyalty of the a’dversnry, there
is grave danger of wnr degeoerat~ng into excesses and violence, to avoid which has been the aim of modern wars.”
191.
In general, belligerents may resort to such measures for mystifying or misleading the enemy, which the enemy ought to take measures to secure himself against, such as the employ- ment of spies, inducing soldiers to desert, to surrender, to rebel, or to givb false information to the enemy.

192.
ililust not ifzvolme tt’eacheqJ 01′ gerfidg.-The ruSes’of war are, however, legitimate so long as they do not involve treach- ery or perfidy on the part of the belligerent resorting to them. They are forbidden if they contravene any generally accepted rule.’

;”To demand a suspension of arms and break it by surprise, or to
violate a safe cohdnct or aqy other agreement in order to main on advantage is an act of perfidy. (Lahd Warfare, Opp., par. 148.7 ‘Vide par. 232 infra.
The line of demkrcation, however, between legitimate ruses and forbidden acts of treachery and perfidy is sometimes rather indistinct, and with regard to same, the writers of authority have disagreed. ‘ For example: It would be an improper prac- tice to secure an advantage of the enemy by deliberate lying which involves a breach of faith, or when there is a 111oral obli- gation to speak the truth, such ns declaring that an armistice had been agreed upon when such was not the case. On the other hand, it is a perfectly proper ruse to summon a force to surrender on the ground that it is surroaunded, and thereby ia-duce such surrender with a small force.
ditlicult to ounrd against-them.”
Vide alsoD~ague Conference, 1899, p. 146.
RULES_ OF LAND WARFABE. 61
193. Legitimate ruses.-“Among legitimate ruses may be counted surprises; ambushes; feigning attaclrs, retreats, or flights; simulating qqiet and inactivity; giving large outposts or a strong advanced guard to a small force; constructing works, bridges, etc., which it is not intended to use; transmit- ting false or knisleadillg, signals and telekraph mesvages, and sending false dispatches and newspapers, with a view to their being iiltercepted by the ellellly ; lighting calilp fires where there :].re no troops; making use of the enemy’s signals, bugle and trumpet calls, watchwords, and words of commalld; pretending to communicate with troops or reenforcements which have no existence ;moving laildmarks ; putting up dummy guns of laying dummy mines; removing badges from uniforms; clothing the men of a single unit in the uniform of several different units so that prisoners and dead may give the idea of b large force.” ‘
1 Land Warfare, Opp., par. 144.
194. Use of jlngs, insignia, military uniforrns of the enemy.-
K.R. XXIII, par. (f). It is especially forbidden * * * to make improper use of a flag of truce, of the national flag, or qf the military insignia and uniform of the enemy, as well as, of
,
the distinctive badges of the Geneva Convention.
195. Plugs of truce.-li’la~s of truce must pot be used sur-reptitiously to obtain military infornlation or merefy to obtain time to effect a retreat or secure reenforcements or to feign a surrender in order to surprise an enemy. An officer receiving them is not on this account absolved from the duty of exercising proper precautions with regard to them.’
lAriga p. 255 et seq. cites an example of the ‘use of the flab of truce codbined with the ked Cross flag at Tang-tsiatoun near Mukden, and during the battle, which he considers as le4tim;te. March 7
+bout 1 o’clock p. m some Rqssians hoisted thc two flags and ad! vanced tomaid the ~a;anese Fkst Army and asked for n suspension of
arms fol several hours to remove the wounded and dead. Both armies were actually engaged in this work so that the request was assented to without any deiined agreement. i~hen the Japanese resumed fire in the evening the Russians had vithdrawn.
This Informal suspension of arms was taken advantage of to retire unseen by the enemy, pnd it was upon this ground that it is considered
lawful; that is, they can be faken advantage of to effect qovements un-
seen by the enemy.
Vide G. 0. 100 1863 art. 114. ”If it be discovered and fairly pl’oved that a’flag of trice ha; been abased for surreptitiously obtaining mill- tnry knowledge, the bearer of the flag thus abusing his sacred character is ‘geemed a spy.
So sacred is the character of a flag of truce, and so necessary 1s its sacredness, that while its abuse is an especially heinous offense great caution is requisite on the other hand, in convicting the bearer: of a flag of truce as a sp’y.”
196. National flags, insignia, atnd uniforms as a ruse.–In pr~ctice it has been authorixecl to make use of these as a ruse. The foregoing rule does not prohibit such use, but does pro- hibit their il~~proger It is certainly forbidden to make use
use.
62 RULES OF LAND WARFARE.
of them’ during a combat. Before opening fire upon the enefny they must be discarded. Whether the enemy flag can be dis- played and his unifprm word to effect an advarice or to with- dtaw is not settled.
i he Germans hold that., The Hague Rules forbid absoluteli the use of the enemy’s ‘%ag and dnifotms. (Kriegsbrauch, p. 24.) The French m.snual (La Guerre Sur ‘Terre) says : In all the wars spce 1866 belligerents have made many complaints upon this subject (p. 25, note). The English rule is as stated in the text. (Land Warfare, Opp.,
par. 152.)
G 0. 100 1863 art. 65. “The use of the enemy’s national standard flag; or othk emhem of nationality, for the ur ose of deceivin thl
enemy ip bnttle is an act of gerfldy, by whl% tgey lose all clafm to
protection of the laws of wtr.
G. 0. 100, 1863,.art. 63. Troops who flght in the uniform of their
enemies, w~thout any plain,, qtriking:, and uniform mark of distinction of t9eir own, can expect no quarter. ,
197. Pvactice as to enemy unifo~m in this country.-In this country iL has always been authorized to utilize uniforms cap- tured from the enemy, provided some strilrilig nlslrlr or sign is attached to distinguish the American soldier from the enemy. All distinctive badges or marks of the enemy should be removed before making use of them. 1t.i~believed that such uniforms
‘
should not be used1 Bxcebt in case of absolute necessitv? ‘ G ‘ 0 100 1863 art 64 ”If ~merican troops capture a tralp con-
tniniig unifo+ms of’the’ehe’my nhd the commander considers it advis-
able to distrlbutc: them for use) among his men some striking mark or
sign ypst be, adopied to digtinguish the &ahsican soldier from the enemy.
I I
198.Inzpboper me of distinctive badges of Geneva Gonvelzr tion.–The Red Cross flag must be limited to the,protection of units and material provided for in the Geneva Convention. As
examples of the inillroper use may be cited col~ering 5Tagons con- taining anlmuuition or nonnleclieal stores, + hosp~tal’train used to ‘facilitate the escape of combatants, firiug from a tent or building flying the Red Cross flag, using a hospital or other building accorded such p~otection as an observatory ok military office or @tore, or generally for committing acts of nosiltity?
G 0. 100 1863 art. 11T. ” It is justly cgnsiderqd an act of bad
faith; of infahy, or’fiendishness, to deceive the dnemy by flag’s of fro-
tection. S)ch aFt of bad faith may be good cause Sol; refusing to respect
such flags.
* r . . .
-1, I.’, I
CH+PTE~. 111. ,
VI, SECTION ‘
( I
ESP’IOONAG. AND TREASON. ,
199. #pies.–H. RiXXIX. A person ca; only be considered a spy whep, ayti,ng, 9landesFinely or ,on false pretenses, he obtains br endeavors to obtain information iq,the zone qf.,operations of a beliigerent: wit$ ,t$e intention of communicating it to the hostile party.
Thus, soldiers not .wearing a disguise who have penetrated into che zone of operations o) the hostile ,army, ,for! the purpose obtaining information, are not considered spies; similarly, $he following are not considered spies: Soldiers all@ civilians, ,carry- ing out their mission openly, intrusted with the delivery of dispatches intended either for their own army or for the enemy’s army. To this olass belong likewise persons sent in bttlloons for
the purpose of carrying {dispatches and, generally, of maintafn- ing communications between different parts of anisarmy or la territ~ry.~
ICompare this definit~on with G. 0. 100 1663 I arb. 88. “A spy is a
yerson who secretly, in disguise or under fhse p;etcnse, seeks 1n:orpla- cion with the intenLion of communitating it to the enemy.”
2The fact of being jn the enemy’s lines dress~d as a civ~lian, or wearlng the enemy’s mufor% is presumed to constltote a spy but it Is possible to rebut this r&u ‘ption by proof ‘of ‘no ~nbntion,’to obtain military information. Bn the other hahd, the fact thAt a p’efsoh ‘charged with being a spy is in the unlform of his State does not render *it impossible for h~m to be a spy In fact, slnce he may have gained admls- sion into the enemy’s lines under the privileges of the Red Crdss and have taken advantage of the,,oppqrtunity afforded him for obtaininginforhation. I
Likewise the article doeslnot preclude {inany #sense the use of bal-loons for espionage and the persons so using the@ from being treated us spies. Dlsslmulatioll of the object sought is the rincipal character-
istic of the offense of the spy. Vide Land Warfare Jpp., pars. 162-165.
War Ri his on Land, Spnighi, pp. 203-215. ~a(rou Land, Holland,
pp. 47-38. Les Lois, Jacomet, pp. 65-66. \ .
200. Rd~og’nition of’necessity for bbtaining klz)ormat.iod.-1n’ the foregoillg rule 311cl in H. It. XXIV is d’istinct recognition of the necessity for employing spies and other secret agents for obtaining infodbatldn about the eFemy, so that the acquirement of such informadon by sbcrdt methods is regulated by the liws and usages of war.
I I
201. Who included in definition.-The definition ‘ abode coni- prehends all classes whether officer, soldier, or civilirin, and, like
the criminal law, makes no distinction as to sekl As to the offense, it limits the same to sechi-ing inforhation clandestinely or on false pretences in the zone of operations. It does not include all cases in which a yerson makes or endeavors to make
63

unauthorized or secret con~muuications to the enemy. These latter cases must therefor: be dealt with under the laws relating to treason and espionage.
1 G 0 100 1803 art. 102: “The lam of war, like the criminal law
regardink otlier off;n,ses, makes no difference on account of the $ffer-
ence of sexes concerning the spy, the war traitor or the war rebel.
2 In occupied territory otPenses relating to ebmmunicntion with the enemy will be punished as treason by the occupying forces. If com-mitted in the home country, the laws relating to that subject or internal
laws will govern. Land Warfare, Opp., par. 167 and note. ‘
202. Treuson.–411 unauthorized or secret communication with the enemy is considered treasonable by the lam of war. Foreign residents iu an invaded or occupied territory, or for- eign visitors in the same, can claim no immunity from this law. They may communicate with foreign pnrts or with the inhabit- nnts of the hostile country so far as military authority permits, bat no further.’
lG. 0.100, 1863, art. 98.
203. War traitor.-A traitor under the law, or a war traitor, is a person iu a place or district under martial law (militarygovernment), who, unauthorized by the military commander, gives jnfo:mation of any kind to the enemy or holds intercourse with him.
lG. 0. 100, 1863, art. 90.
204. Subject gizing information to own gouernmelzt.-If the citizen or subject of a country or place invaded or conquered gives information to his own Government, from which he is separated by the hostile army,’or to the army of his Govern- ment, he is a war traitor?
lG. 0.LOO, 1863, art. 92.
‘ 205. Guide us.-If a citizen of a hostile and invaded district voluntarily serves as a guide to the enemy, or offers to do so, he is deemed a war traitor.’
lG.0. 100, 1863: art. 95.
206. Punishment of spies.-The spy is punishable with death, whether,or not he succeed in obtaini~g the information or in conveying it to the enemy.’
G. 0 100 1863 art 88 par. 2 See. also Rev. Stat. U. S., 1343: “All
persons ‘who,’ in tiines ‘of 6ar or ‘rebellion against the supreme authority
of the United States, shall be found lurking or acting as spies in or
about any of the fortifications posts quarters or encampments of any
of the armies of the United skates, br elsewh6re shall be triable, by a
general court-martial or by a military commissioh, and shall on couyic-
tion thereof suffer death.”
207. Punishment ,of ,treason.–The war traitor is always se- verely punished. If his offense consists in betraying to the
enemy anything conceriling the condition, safety, operations, or plans of the troops holding or occupying the place or dis-trict, his punishment is death.’
G. 0. 100, 1863, art. 91.
208. Spy must be tried.-H. R. XXX: A spy taken in the act should not be punished without previous trial.’
=No one else should be punished for this offense of espionage or treason without prevlous trial. (Vide Hague Conference, 1899, p. 146.)
209. Spy i7nntzclze f 1.07lz punisl~?ltent after joining his ozon arazy.-H. R. XXXI: A spy who, after rejoining the army to which he belongs, is subsequently captured by the enemy, is treated as a prisoner of war, and incurs no responsibility for his previous acts of espionage.’
1This immunity extends only to previous acts of espionage, but does not extend to other oEenses he ma have committed, such as murder, etc. Hague Conference, 1899, p. I&.
210.Iwznzur~ity~aotapplicable to t1’eason.-This immunity does not extend to persons guilty of treason who may be arrested at ally place or nuy time within the jurisdiction. And it is not necessary for traitors to be caught in the act in order that they may be punished.’
For practice of the Japanese Army, which is in accord with the text, see Ariga, pp. 395-397.
211. Assistilag espionage gunisi~ab1e.-Assisting or favoring espionage or treason and knowingly concealing a spy may be made th’e subject of charges; and such acts are by the cus-tomary laws of war equally punishable.’
‘.\riga,     1311 36-897, and I,-~nd Warfare, Opp., par. 172.
42226″-14 -5

CHAPTEI~VI, SECTION
IV.
BOmBARDMENTS, ASSAUZTS, AND SIEGES.
212. Bon~bcir-dvrer~tof uncleferzded places for.Biddert.-H. R.
xXV: The attack or bonibardment by whatever means, of towns, villag.es, dwellings, or buildings which are undefended is prohibited.’
1 Compare this ?,rticle with the following from Convention IS of
The Hague 1907 Bombardment by naval forces in time of war : ART. I.”I’he bombardment by naval forces of undefended ports,towns, villages dwellings or buildings is forbidden.
“A place caA not be bbmbwded solely because aulomatic submaiille contact mines are anchored off ,the harbor.
“ART I1 Military works mllltary or naval establishments depotsof arms o< war matenel, &orkshops or plant whiCh .could be’utilined
for the needs of the hostlle fleet or army and the sh~ps of war In the harbor are not, however, included in thi~’~rohibit~on.
The commander
of a Aaval forcc may destroy them with artillery, after a summons followed by a reasonable time, if all other means are impossible, and when the local authorities have not themselves destroyed them within th:, tlme fixed.
He incurs no responsibility for ‘any unavoidable damage which may be,~aosed by n bombardment under such circumstances.
If for military reasons immediate action is necessary, and no delay can be allowed the enemy, it IS understood that the prohibition to bombard the undefended town holds good, ns in the case -isen in para- graph 1,and that the cornmanger shall take all due meagures in order that the town may suffer as little harm as possible.
“ART 111. After due notice has been given the bombardment of undefeided ports, towns, villages dwellings or ‘buildings may be com-
menced, if the local authorities, a’fter a for& summons has been made to them, decline to comply with requisitions for provisions or suppliesnecessary for the immediate use of the naval force before the place in cluzstion.
These requisitions shall be in proportion to the resources o’f the place. They shal! only be demanded in the name of the commander of
the said naval force, and they shall, as far ,as possible, be paid for in cash; if not, they shall be evidenced by receipts. “ART.IV. The bombardment of undefended ports .towns villages
dwellings, or buildings for the nonpayment of monei contributions ii forbidden.” Holland, War on,Land, says. “A place although not fortified maybe bombarded if it 1s defended. This artihe is not to be talren to pro-
hibit the use of any means for the destruction of bulldings for military reasons. A place must not be bombarded with a view merely to the exaction from it of a ransoIn;” (Art 80 note.) Mr. OppenheimLand Warfare art. 118, says: It is not sufficient reason for bombard! ment that a tbwn contains supplies of value to the enemy, or railwayestablishments, telegraphs, or bridqes.,, They must, if it is necessary to do so, be destroyed by other means
locality, even when a bombardment is about to commence. It is entirely within the discretiorl of the besieging com~nander whether h~ will permit thela to leave or not and under what conditions.
lFor action of Gen. Scott in refusing further truce to consuls at
Vera Cruz, see Dig. Int. Law, Moore, sec. 1112. Scott Autobiography,
11. pp 426428.
he’ following are the conditions proposed by the Japanese at Port Arthur :
AUGUST16, 1004. From General Headquarters of the Japanese Army investing Port
Arthur. To the General and Admiral highest in rank, commanding the Imperial
Russian A~my and Navy at l’ort Arthur.
YOUR EXCELLENCII:~: have the honor to inform you herewithWe
that it is the humane and magnaninlous intention of XI. M. the Em- peror of Japan, to save fro~n danger and accord protection to the women children, priests, diplomats, military aud naval attaches of neutrai powers who are in Port Arthur and wish to avoid the dangers
of the bombardment and assault.
In order to carry out the kind solicitation of H. M. the Emperor of Japan we propose the following:
8
1. I’n case you should hare the intention of taking advantage of the well-meaning cffer of E-I. 11. the Emperor of Japan, you will in-
form us as to the approximate number of persons who amon the above
mentioned ought to beneflt thereby and aiter having dividej them intp -classes; youths of sixteen years o< above are excluded from this privl- lege.
2. Pour bearer of the flag of truce bringing the reply must arrive at the first line of the Japanese army, north of Chouet-si-ying, on the
main route leadins from Port Srthur lo Kin-tcheou, to-morrow, August
17. 1904. before one minute after G a. m.
3. The persons specified above will, under the protection of a white
flag, repair to the same place where they must arrive on August 17,
1904,before one minute after two o’clock in the afte~noon.
4.
A troop of our infantry wlll also go w~th a white flag and at the time stated to the same place to await the arrival of the persons alreadv mentioned.

5.
The persons so stat* will each have the right to carry away a

single pack of ordinary slze, the contents of which can be examined if it is thought necessary.
6.These pscks must not contain letters, documents or other written
or printed matter relating directly to the war, under pain of confis-
cation.
7. The persons before specified will be protected and escorted by
our troops stated in article 4, as far as Dalny, where arraugements
will be made for their departure.
You are requested to accept or refuse the above propositions in a
lump, no modifications can be ,bronqht about. If the bearer of the
flae of truce referred to In article 2. does not arrive at the ~Decified time, we shall consider our proposals, rejected.
We avail ourselves of the opportunity to express to you the assurance of our respectful sent~ments. (s.) GENERALBARONNOGHI,
Conamanding the Jagcrnese Army In~estingPort htl~ur.(s.) .~D~IIR.~L
TOGO,
Cummwading the Japanese Fleet BZockadz?ag the Lzao-tong Peni?&sula.
219. Diplonzatic agents of neutrals.-Diplomatic agents of a neutral power should not be pre7-ented froin leaving a besieged place before hostilities commence. This privilege can not be claimed xvhile hostilities are in progress. The same privileges
RULES.OF LAND WARFARE; 69
should properly be accorde’d to a’consular officer of a neutral power. Should th& voluntarily decide to remain, tlieji must unCiergo the same treatment as other inhhbitants.,’
%
See G. 0. 100, 1863, art. 87, post art., 233. I / I, L
220. Persons in zone between troop~.~Persons
dwelling in the zone between the opmsing forces in the first stages of a siege are treated as inhabitants of the invaded locality.
221. Irtdividuals 1eal;ing zuithout permission.-Individuals who attempt, to leave or enter n besieged place without obtlining the necessary permission are liable to be fired on and may be sent back iuto the besieged place or detdnedm and put on trial as
suspects. , .
222. Pe?,soits expelled 112ay be sent back.-When a commander of n besieged place expels the nancbmbatants, in order to lessen the number of those who cOnsume his stock of pravisionsh if; is lawful, though an extreme measure, to drixe them back, so as to hasten the surrender.’ , , I
G. 0. 100, 18d3;art. 18. ” . ~r. J ~I
223.
Not %onzDellBd to cease fire whp expelled.-It is not necessa$y to cease or relax fire because the enemy sends wolqeii and children out of his lines in order to get them to a place of safety, or to employ compassiod, but fire must ,not lie inthn- tionally opened in their direction.

224.
Cavt fol-bid comnrnu%icatiow zctt7~ bekieged pld~e.-~he comMander of the investing force has the nbsblute right’ tb forbid all communication between the besieged place and, the outside. The application of this i;ule to diplomatic’ envqysr-of neutral powers is unsettled.$

On the 28th Sept.,, 1870, Count Bismardk, in reply to a tequest of
diplomatic representatives of neutral States, shut up in Paris, to send
out a courier once a week. said:
“The authorization of ‘exchange of correspondence with a besiegedfortress is not in general, in accordance with the customs of war;although we Gillingly authorize the transmission of open letters of diplomatic agents provided their contents are unobjectionable from a military viewpoint, I can not admit that the opinion of those who con- sider the interior of the fortifications of Paris as a suitable center for
diplomatic relations has a mood foundation.”
%Ir. Fish, in dispatch toD~aron Gerolt, Nov. 21, 1870, ,said:
Paris, however, is the capital of Fr,ance. There the diplomatic rep-resentatives of neutral States had tlicir residence prior to the invest- ment. If they think proper to stay there while it lasts, they must ex-
pect to put up with the inconveniences necessarily incident to their choice. Among these, however, the stopping of communication with their Governments can not be recognized. * * * The undersigned is consequently directed to claim that the right of correspondence be-
tween the representatives of neutral powers at Paris and their Covern- ments is a right sanctioned by public law.” See Moore’s Dig. Int. Law, sec. 675.
225. Buildings dedicuted to .~cl,igioz&s zoo~rl~s, etc., to be spared.-H. R. XXVII. In sieges and bombardments all neces- sary steps must be taken to spare, as far as possible, buildings dedicated to religion, art, science, or charitable purpqses, historic monuments, hospitals, and places where the sick and wouqded are collected, provided that they are not being used at the time for military purposes.
It is the duty of the besieged to indicate the presence of such buildings or places by distinctive and visible signs, wliich shall be notifled to the enemy beforehand.
226.
Use of Geheva flag limited to hospitals, etc.-Only hos-pitals and places where the sick and wounded are located can be indicated by nleans of the red cross on a white ground. It is certainly desirable, in order to avoid injury from actual or erratic shots, that the sick and wounded in besieged places should be concentrated in some safe place, preferably in neutral territory, if possible to arrange.

227.
Hague Convention IX, #Art. V, par. 2, 1907. It is the duty of the inhabitants to indicate such monuments, ediflces, or places by visible signs, which shall consist of large stiff rec-tangular panels divided diagonally into two colored triangular portions, the upper portion black, the lower portion white.’

lThe fore oing rule adopted in this convention for naval warfare
should be ad%pted for protecting buildings under bombardment In land
warfare.
228.
Buildings protected can not be used for military pur-poses.-The besieging forces pre not required to observe the signs indicating inviolability of buildings that are known to be used for military purposes, such as quarters for, officers and men,, as observatories, or signaling stations.

229.
Pillage forMdden.-H. R. XXVI~I. The pilla~e of a town

or place, even when taken by assault, is prohibited. Vide infra, par. 339 and note. ,
I
I
,
CHAPTERVII, SECTION
I.

INTERCOURSE BETWEEN BELLIGERENTS.
230. Nolzirztercourse the rule.-All intercourse between the territories occupied by belligerent armies, whether by traffic, by letter, by travel, or in any other way, ceases. This islthe gen- eral rule, to be’ observed without special proclamation.
lG. 0.100, IS63 art. 86, par. 1. See also the following cases: The
Rapid (8 Crauch, i5j) ; The, Jnlm (8 Crauch, 181) ; Montgomery v.
U. S. (8 Wall.. J85) : AlcICee v. U. S. (8 Wall.. 163) ;Hamllton v. Dil-
lin (21 Wall., 73) ;Griggs (22 Op. Att. Gen., 268).
231. Exceptiolzs to mle.–Exceptions to this rule, whether by safe-conduct, or permissiod to trade on a small or large scale, or by exchanging mails, or by trarel from one territory into tbe other, can take place only accordiug to agreement approved by the government or by the highest military authority. Contra-rentions of this rule are highly punishable.’
lG.0.100, 1863, art. 86, par. -0. namilton c. Dillin (21 Wall., 73).
232. Goad fait7~ esse?ztial.-It is absoluteIy essential in )all non-hostile relations that the most scrupulous good faith shall be observed by both parties, and that no advantage not intended to be given by the adversary shall be taken.’
=Vide, ante, par. 190.
233. Ambassadors and ddplonzatic agents.-Ambassadors and other dip1omati.c agenb of neutral powers, accredited to the enemy, may receive safe-conducts through tle territories occu- pied by the belligerents, unless there are military reasons’ to the contrary, and unless they ,may reach1 the place of their destination conveniently by allother route. IC implies no inter- national affront if the safe-conduct is deelined. Such passes are usually given by the supreme authority of the state, and not by the subordinates? ‘
G. 0.100, 1863, art. 87. Vide pat. 219, supra.
8
234. Rules, where found.-These non-hostile relations are usu- ally comprised under the headings of parlementaires,, end flags of truce, ahhistice$, capitulations, passports,,,and safe-conducts, safeguards, and, cartels.’
IVide gars. 83-85a and 166, ante, foc intercourse in re prisoners of
war, sick, and wounded.
PABLEMLNTAJRES AND FLAGS OF TRUCE
235. Par1ernentccrires.-Parlementaires are ordinarily agents in the non-hostile intercourse of belligerent armies.’ Their duties
71
iilclude every form of communication with the enemy in the field. 1 The adoption of the word ” parlc~uentai~e”to designate and dis-tinguish the agcnt or envoy seems absolutely essential in order to avoid
confusion and because all other nations, including Great Britain, utilize
the word In the past this word llas been translated at tlmrs to mean
the agent or envoy only, nt’~ther times the agent and embl:,m or both.
TO call the parlementaire the bearer of a flaw of truce is not in reality correct, because he seldom, if ever, actuall? Cafries it.
236.
X.R. XXXII. A person is regarded as a parlementaire (bearing a flag of truce) who has been authorized by one of the belligerents to enter into comll~unication with the other, and who advances bearing a white flng. He has a right to inviol- ability, as Well as the trumpeter, bugler or drummer, the flag bearer, and interpreter who may accompany him.

237.
Sol~liersacquainted witl~pri~ileges of, etc.-All soldiers, of whatever grade, should be thoroughly acquainted with the qualifications and privileges accorded parlementaires and wit11 the proper method of recciviiig the111 mheu they present thern- selves?

lTide li’ S R 1014 par 48.
~earek bf fla & of tlhce and their escorls are halted and required to
face outwards ; they are then blindfolded and cllsposed of In accordance
with instructions from the snpporf commander; if they fail to obey,
they are fired upon. No conversation xlth them is ermitted.
Deserters are required to lay clown their arms ant a patrol is sent
out to bring them in. Deserters pursued by thelenemy are ordered to drop thcir arms and an alarm is given, If they fall to obey they ale fired upon.
238.
Signification of aol~iteflag.-The white flog, when used by troops, indicates a desire to communicate with the enemy. The hoisting of a white flag has no other signification in interna- tional law. It may indicate tbat the party hoisting it desires to open communication with a view to an armistice or a sur-render. If hoisted in aclion by individual soldiers or a small party, it has come,to signify surrender. It is essential, there- fore, to determine whether the flag was actually hoisted byauthority of the commander.

239.
Ere need not cease tohen white flay i.9 hoisted.-The enemy is not required to cease firing when a white flag is raised. To indicate that the %oisting is authorized, thz bellig- erent should cease firing. FIe.should also send a parleme~ituire.’

G.0.100 1863. “Firing is not required to cease on the appearance
of a flag of t)ruce.:n battle.”
Ariga, p. 274. There are several hypotl~eses in which an enemy may ho$t the white flag and the conduct to be pusurd in each case.
1. If a soldier hoists a white flag (he cnn use a handkerchief, etc.),
in$;catlng thar he sorrenders, make him a prlsouer of war.
2. During the bombardment of a fortress, although a particular fort
hoist the white flaw theye is no necessity to cease firing on that fort.
Bombardment musc’be continued until an agreement is come to by thc
orrival of a parlementaire. Special order to cease fire will then be given by the commander of the army.
RULES OF LAND WARFARE.
“3. The same course will be pursued if all the forts hoist a white
flag; but in this case a report will be made as soon as possible to
headquarters. Whilst awaltlug orders fire w~ll continue.
“4. If durin-a bombardment a parlemmtaile is seen leaving the
enemy’s lines, 6re must not on any account be stopped or relaxed in
the d~rection from which he comes, but he must not be fired on in-
tentionally.”
Vide also Land Warfare, Opp., p. 52 and note 2.
240. Fire .not to be directcd on the par1ementaire.-The fire should not be intentionally directed on the person carrying the flag or upon those with him; if, homerer, the parlementaire or those near him present themselves duriug an engagement and are killed or wounded, it furnishes no ground for complaint. It is the cluty of the parlemeiltaire to select a propitious moment for displaying his flag, such as during the intervals of active ol:erations, and t3 avoid the dangerous zone by making a detour.’
1” If the bearer of a flag of truce presenting himself during an en-gagercent, is killed or wounded, ~t Iurnishes ~o ground oi comp!alutwhatever.” G. 0.100, 1863, art. 113.
241. Utbst be d1~7~ parlementaire, in addition
aui1bol’~zcd.-The to presenting himself under corer of a white flag, must be duly anthorized in a written instrument signed by the commander of the forces?
IAriga, pp. 302-304, gives the correspondence covering the capitula- tion of Port Arthur, includin,? tlle terms of the capitulation. The usual form of authorizat~on nus I authorize by these presents -to negotiate, etc.,” which was slgned by the commander in chief.
242.
iiTo comnzunication at night.–So pro~ision is made for opening communication with an enemy during the hours of darkuess, when a white flag can not be seen. An attenlpt to send a parlementaire at night is wry dangerous, and at best uncertain.

243.
H. R. XXXIII. The commander to whom a parlementaire is sent is not obliged to receive him under ,all circumstances. He may take all the necessary steps to prevent the pnrlementaire from’taking advantage of his mission to obtain information. In case of abuse, he has the right to detain the envoy temporarily.

244.
&’a?/ prescribe fornza1ities.-The commander may declare the formalities and conditions upon which he will receiye a parlementaire and fix the hour and place at which he must appear? The present rule is that a. belligerent may not de-clare beforehand, even for a specified period-except in case of reprisal for abuses of the flag of truce-that he will not receive parlemeutaires.2 An unnecessary repetition of visits need not be all~wed.~

1 Brisa. nn 277 nnd ‘303. rrlves two instances in which Gen. Baron Nogi gged hifinitely the hour ind plnce for the parlementaire to ‘report.
2 The q!d rule, announced at the Brussels conference of 1874, was as follows: Re (the commander) may equally declare beforehand that he will not receive bearers of flass of truce during a certain period. En-
voys pv~scnting tliemselves after such notiflcatlon from the side to
which it Las been given forfeit their inviolability.” This rule is still
RULES OF LAND WARFARE.
adhered to by Germany and some others, but was rejected by The Hague
Convention of 1899 and again in 1907. Vide Higgins, The Hague Peace
Conferences, p 274 and Holls The Peace Confeiences at The Have
p. 154. Mr. dppenheim, ‘~and’warfare, p. 53, art. 234 considers &at
this action may be taken as matter of replisal for abuses of flags of
truce. 5 Vide par. 249 and note.
sG. 0. 100, 1863, art. 111. “The bearer of s flng of truce can not insist upon being admitted. He must always be adniftted with greatcnution. Unnecessary frequency is caretully to be avoi,ded.” Vide also
band’ Warfare, Opp., par. 236.
245. TVil0 ??layaccompany the parleme?ztaire.-Only three per- sons are ~lulhorized to accompany the parlementaire. These, under the rule, are entitled to the same immunity. In case he is to have &ore than these, authority for the same should be previouply obtained.’ He may be accompanied by a less num- ber, and may even go alone wit11 the flag of truce. It is advis-
able to have at least a trumpeter, bugler, or drummer with him in order to more readily and surely make known his status, thereby avoidiilg danger as much as possible.’
lThe Germans add hovseholders to these three authorized attendants but there is no authority for adding anyone Dr to expect immunity to bi
granted to any others. ICriegsbranch, p. 26.
Hague conference 1890 p. 147 cle:~lv authorizes a parlementaireto proceed alone. ~:iegsbrauch,p.’26. The bearer of a flap ought to be externally recognizable as such and especially by signs which catch
the sight and hearing from a distance and which are used and which
are well known everywhere the flag of truce (in case of necessity. a
white handkerchief, etc.), &lls on the bugle or trumpet, roll of the
drum.”
246. Formalities in the receptio~z of )nrlementnires.-1. The parlementaire, with necessary authorizaiion and with his duly Authorized attendants, should approach the enemy’s outpost or lines at a slow pace. When he arrires near enough to he recog- nized-that is, seen and heard-he canscs his trumpet or hgle to be sounded or drum to be beaten and his fiag to be waved.
2.
He then advances at a slow pace toward the Iine, carefplly obeying all instructions signaled or given him, by any party of the enemy sent out to meet or conduct him.

3.
He will then proceed to the point and by the route desig- nated for receiving him. He may be furnish@ an escort for this by the enemy.

4: On arriving at the post of admittance the bearer ‘and his ekcort dismount, and, learing the escort at a convenient dis- tance in llear, he proceeds on foot to tde cbmmander or senior ofticer’of the post and states his mission.
5.
*he escort should not attempt to enter the lines with parlementaire, and must obey all instructions or signals given them.

6.
Marked courtesy must be observed oq both sides. ,Conger-sati6n should be prudent apd not touch upon the’ military operations. Great care will be exercised not to ask for nor ‘to impart information. ,

RULES OF LAND WARFARE.
7.
Th? parlementaire will be treated with all the honors due to his rank and station and furnished an escort or guard in case of necessity.

8.
A parlementaire can not of strict right claim to pass the outposts, nor can’he demand to be conducted into the presence of the commanding officer. His message, if written, ]nay be transmitted to the comn~anding officer; if rerbal, he may be re- quired to reduce it to writing or deliver it orally to such person as may be designated to receire it. If he is sent to the rear for any reason whatever, he should be blindfolded and sent by a circuitous route.

9.
In cases where resort is had to a decision from higher au-thority, the parlementaire must wait until same is returned.

10.
The parlementaire will be permitted to retire and return with the same formalities and precautions ns upon arrival.’

lVide par. 236 and note 1 par. 237. Also F. S. R. 1914 par. 83.
See Land Warfare, Opp., pp. g2-55. Kriegsbrauch, pp. ,d5 et s’eq.
247.
Detention of par2ementaire.-In addition to right of de- tention for abuse of his position, a parlelnentaire may be de- tained in case he has seen anything, or obtained knowledge which may be detrimental to the enemy, or if his departureshould reveal information of the movement of troops. He should be detained only so long as circunistances imperatively demand, and information should be sent at once to his com-mander as to such detention, as well as of any other action taken against him or against his party.

248.
Inviolabilitg, loss of.-H. R. XXXIV. The parlementaire loses his right of inviolability if it is proved in a clear and incontestable manner that he has taken advantage of his privileged position to provoke or commit an act of treachery.’

‘The original Fr~nch word tsed is “trahisen” in The Hague rule
It mas translated treachery probably becaus;? a parlementaire can not, strictly speaking, be guilt$ of treason.
249. Abuse of flag of truce.-It constitutes an abuse of the flag of truce, forljiddeil as an improper use under Hague Eule XXIII (f), for an enemy nOt to halt and cease firing while the parlementaire sent by him is adTancing and being received by the other party. Likewise, if the flag of truce is made use of for the 1)urDose of inducing the enemy to beliere that a parle- mentaire is going to be sent when no such intention exists. It is also an abuse of a flag of truce to carry out operations under the protection granted by the enemy to the pretended flag of truce, An abuse of a flag of truce may authorize a resort to reprisals.’
‘See inf$,a as to reprisals, pnrs. 379 et scq. Land Warfare, Opp., par. 255. Every abuse of the flag of truce entitles the injured party
to reprisals.”
CHAPTERVII. SECTION
11.
CAPITULATIONS.

250. Nilitccry honor in.–H. R, Art. XXXV. Capitulationsagreed upon between the coatracting powers must talse into account the rnIes of militaly honor.
Once settled, they must be scrupulously observed by both parties.’ 1The foregoing is the only article on the subject of capitulations in
The IIngue Rules. It mill be observed that it refers solely to the ques-
t~on of military honor in silcli comrrntlons. The rules concerning such capitnlatlons must therefore be sought for outside of The HagueConventions. For forms of capitulation see Appendices A, B, C, U, this chaptel.
251. Definitio?~.-ii capitulation is an agreement entered into between commanders of belligerent forces tor the surrender of a body of troops, a fortress, or other clefencled, locality, or of a district of the theater of operations. 1V I,
Capitulations are essentially military agreements, which in-volve the cessation of further resistance by the force of the enemy which capitulates. The surrender of a territory is frecluently syolrell cf ris ::n eracuation.
252. Powers of co??%nzanrlers.-The commaider of a fQ place and the con~mancler in chief of an army are presumed to be duly authorized to enter into capitulations, being responsible to their respecti~e governruents for any excess of power in stipulatious entered into by them.’ IIis powers do not extend beyond what is necessary for the exercise of his command.’ He does not possess power to treat for n permanent cession of the plnce uqder his command, for the surrender of a territory, for the cessatioll of hostilities in a district beyond his command? or generally to make or agree lo terms of a political nature or’ such as will take effect after the terlnination of hostilities.”
1Marshall Blanco and the Spanish Government both disputed the right of Geh. Toral lo capitulate at Santiago in 1898, But the Spanish Government was forced to recognize’ the validity of the capitulation, for a governor of a fortress may capitulate under his
personal responsibility mlthoot any authorization fcon his C:ovelu-
ment.” War Right8 on) Land, Spalght, p. ,249.
For abuse of powers such as surrendenug upon too lenient terms or when he should not do so he is subject to trial under the laws’ or
ar$icIes of war of h~sown country. Vide 9. W., ?;t. 42.
-Vide Hague Convention, 1907, Actes p. 25. The competence of a commander to accept conditions of caplt’ulation is limited to the troops ~mmediately under his command, and does not necessarily extend to
detached forts or to all the torts of a fortress.” Land Warfare, Opp., par. 306.
$6
RULES OF LAND WARFARE.
The surrender of Gen. Lee did not include the other Confederate
Armies, although subsequent surrenders were made in accordance with its terms.
“The capitulation of Verdun Nov. S 1870 stipulated that the sur-
render was made on the express condition df the retrocession of the
fortress and town to France on the conclusion of peace. This exceeded
the powers of the contracting commanders and created no obligationfor their governments Land Warfare p. 67, par. 304 and notes.
42n reply to a lettkr from Gen. LC: to Gen. Grant, 18G5, proposing to submit the subjects o? controversy bctween the belligerents lo a military convention,” President Lincoln, to whom the letter had been
~’e;:rred by Gen. Grant, replied : The President directs me to say to you that he wishes SOU to hare no conference with Gcn. Lee unless it be for the capitulation of Lee’s
nrmy, or on solely minor or ‘prely military matters. He instructs me to sap that you are uot to decide,,discuss, or coufcr upon any political question. Such quest~ons the President holds in his own hauds and will submit them to no military conferences or conventions.,, hleantlme yon
are to press to the utmost your military advantage. Draper, Am. Civil War, Yol. 111, p. 561, cited by Sgaight, g. 250.
253.
Forms of capitulatio?zs.-There is no specified form for capitulations. They may be concluded either orally or in writ- ing, but in order to avoid disputes which may arise as to the terms thereof it is best, whenever possible, that they be reduced to writing. The conventioil should contain in precise terms every condition to be imposed ; the time, malmer, and eserution should be laid down in the nost precise and unequivocal terms. In case of an unconditional surrender following an assault the terms might be oral, but should be reduced to writing if practicable.

254.
Nubjects usually regulated.-Iu the terms of capitulation the following subjects are usually determined: .

(a) The fate of the ga~rison, ilzcluding those persons who may have assisted them:
These are usunlly declared to be prisoners of war, but it frequently occurs that on account of their valorous resistance they are authorized to march out from the garrison with the ”hollers of war.”
=For examnles see Surrender of Belfort. in 1871: Bellair’s Transvaal War 18803i p 272. At potchefstroth in 1881 the troops were allo&ed the hdnocs of war. In 1855 the gjrrison at’1~ars marched out
with the honors of war, but became prisoners.
(b) Tl~edisarming of tRe place and of the clefelzders:
It frequently occurs that the oficers are allowed to retain their arms, equipment, and certain specified articles of persona1 property.’
2The officers are not usually allowed to take their hoi’ses, although sometimes permitted to retain private mounts.
Mr. Spnight in his Lams of War an Land pp. 258-259 gives a
table showing’ the disposition of ccrtaiu proherty at gar: (1865)
Vicltsburg (1863) Appomattox (1865) Sedan (1870) Strasburg (18701′
Meta (1870), ~eif~rt -4vliir (1877) Wei- ha^!
(18’il),~itschk(1871)we1 (1895) Santlago (1808) Manila (1898) ~erllcsl’ontciri (1900).and Port Arthur (1905), as kollows: War miteriel etc., surrendered
ent~rely in every case but two, when ouly partially 😉 arms and troops aurrendered in all cases except three; officers’ swords. ictain~d In ali
RULES OP LAND WARFARE.
(c) Tlte turning ovcr of tke arms and rnatdriel, and, in a pvoper case, the locatir~g of the nzine defenses, etc.:
The French, Russian, and other Governnients require that in every case the commander of the place must not surrender until he has destroyed all flags, but this should be done before sign- ing the c~al~itulation.~
Gen. Stoessel destroyed all Russian flags at Port Arthur. (Ariga,
309-310.)
(d) Provisions ?.elative to private property of prisoners, ilt.
eluding personal belongings avzd valuables:
Usually l~risoners retail1 the ownership of their effects, per- sonal belongiags and valuables. I-Iowever, they c:ln be delwived temporarily of the possession of them as a measure of safety?
Gen. Grant declined to ermit Confcderale officers at Vicksburg to
take their servants (slaves? as plivate property. (Draper, Vol 111,
p. 52.) The Japanese pelmilted the men to take w~th them their
tents and necessary pcrsonnl belongings, the officers to take baggage
within the limits of weights fixed lor corresponding ranlcs in the
Japanese Army t,!+ough ressonabfe excesses were not object*, ,to.
(Ar~ga, p. 312.j lhe Japanese declineb to assume any respons~bilitj’
for the private property of Russ~an officers. (driga, p. 325.) Vige
ante as to prisoners, pars. 52-55.
(e) Tlte evacuation of and taking possession of the stir-rewtlered place.
The provisions relative to the witl~drawal of the defenders and the enteriug iuto possession by the besiegers are Lxed in advance with absolute precision, according to the circumstances of each case.
Commissions are named for the delivery and taking posses- sion, respectively.” The details for the evacuation and taking possession of Port Arthur
were incorporated in an annex to the convention. For latter see Appeu-
dix D, this chapter.
(f) P?.o~iisions relative to the nzedical persmel, siclc, wnrl ~ounded.~
BThe provision with regard to the medical personnel sick and wounded is contained in Art. IX of the treaty of Port krthu; 9p-
oendix D. this cha~ter. and contorns the ~rovisions of The hue
to –
ind Geneva Convelitions.
(g) Pro~isions for talcing over the dvil govermne?zt and-prop-
‘erty of the place, with regard to the’ peaceable populatiolz.
These, together with the preparation of the lists of prispners, repatriation of prisoners, etc., may be arranged in what is known as the appendix to the original terms of the conventioe.’
“The civil and military archives may be left in the hands of the
officials of the vanquished party. Land Warfare, Opp., par. 319
RULES4OF LAND WARFAPE. 19
(h) Ntipulations urith regard to the immediate handing over
to the besiegers of certai~ forts or places. or other si?n/ilar pro- visions, as a pledge for the fulfillment of the ~apitulation.~
8Thi~was done at Paris and likewise at Port Arthur. See treaties, Appendix D, this chapter.
255. Damage or destmcte’0lz of property prohibited after capit- ulation.-So soon as a capitulation,, is signed, the capitulator $as qo right’ to demolish, destroy, or ,injure the works, arms, stores, or ammuhition in his possession during the,time which elapses between the signing and the execution of the capitula- tion, unless qtherwise ,stipulated in same.:
“Nothing, however prevents a commander who intends to surrender
from destroying fortifi>ations, war material, and stores, the possession
of which might assist the enemy, providing be does so before signing
the capitulation.”
Marshal Bazaine was tried for stirrendering MeFz and was seqfenced
to death and military degradation for treating plth the $nemy with-
obt having previously done all that duty and honor required.” He was
charged, among othei things, with fallhq to destloij Iris arms and am-
nounrtzon before surrendeving. Cassell’s History, Vol. 1, p. 296. Hozier,
Franco-Prussiau War, Vol. 11, p. 121. Cited in Spaight, War on Land,
D. 252.
256. Denunciation, of capitulation.-A capitulation can be de-nounced and hostilities immediately resumed for failure to ex-ecute ally clause wbich bas beeu agreed upon, or in case it was obtained through a breach of faith.’
lLand Warfare Opp. p. 3-34, ” It may hot, however, be annulled
because one of thk pa?t’ies has been induced to, agree to it by ruse, o;
from motives for which them is no justification, or by hls own in-
capatity or fee%leness.”
In 1898 the Spanish Government contended that the capitulation of Manila which occurred on the 14th, ma4 nu!i and void becnnse the protocdl which was signed two da s befoie, on August i-3,stipulatedthat tile hbstilitles should cease. ~[eUnited Slates claimed that by the terms of the protocol it was to take eEect upon receipt ok notice of same’ that notice had been immediately dis atcl~ed, but was not re-ceived in Manila before the capitulation ancf adden, furthe that ”as to the nnture of the right by which thelUdited St tes hol& the city bay and harbor of Manila it is the opinion of this %overnmtnt that it is ihmaterial whether the’occupation is to be considered as ex!stillg by virtue of the capitulation or by virtue of the protocol since ~n either case the powers of the military occupant are the same.’ Vide Dig. Int. Lam Moore sec. 1160. Mr. Oppenheih say$ in thls connection: “A capi~ulation’whicli tool: place after a general armistice lles beeu agreed npon, and of which the parties to the capitulation had had no knowl- ed e, is null aud void, unless the armistice stipulated cesqatlon of hos- ‘tllfties fl’om the time when notification reaches the dlEerent forces concerned, an8 not from the date of: signature.'” Land Warfare. par. 326.
a :
I
RULES OF LAND WARFARE.
APPENDIXA.
CAPITULATIONAT AIETZ,1870. PROTOCOL.
Between the undersigned, the chief of the staff of the Prussian Army before Metz, and the chief of the staff of the French Army in Rletz, both being delegated with full powers by H. R. H. General of Cavalry Prince Frederick Charles of Prussia, and by H. E. the Commander in Chief, Marshal Bazaine, the follom- ing agreement has been ratified:
ARTICLEI. The E’rench Army under the orders of Marshal Bnzaine are prisoners of war.
ART.11. The fortress the town of Jletz, with all the forts, materiel of war, stores of all kinds, and all public properly will be handed orer to the Prussian Army in the same condition in which it stands at the tirue of signing this agreement. Fort; St. Quentin, Plapperille, St. Julien, Queulen, nncl St. Prirat, as well as the Jlazelle Gate (Strassburg Road) will be handed over on4aturday, the 29th of October, at noon to the Prussian troops. At 10 a. m. that day artillery and engineer officers, with some noncommissioned officers, will be admitted into the above-mentioned forts for the purpose of taliing over the pow- der magazines and rendering harmless any mines that might exist.
‘ ART.111. The arms, as well as the whole of the war materiel of the army, consisting of the colors, eagles, cannon, mitrail- leuses, horses, money chests, military wagons, ammunition, etc.. will be handed orer, in Aletz and in the forts, to a commission agpointed by hlarshal Bazaine, for the purpose of being trans- ferred immediately after to Prnssian commissaries.
The troops, diyrmed, will be drawn up by regiment or bycorp~, and will be brought in parade order to the places which shall be indicated for ench corps.
The officers will then return to the lines of the intrenched camp or to lletz, but on the condition that they are herebybound on their word of honor not to quit lkletz without orders from the Prussian commandant.
The troops will then be conducted by their noncommissioned officers to their places of bix onac. The soldiers will retain their knapsacks, effects, and camp equipment (tents, blankets, cooking utensils, etc.).
ART. IV. All generals and other officers. in addition to those military officials holding the relative ranli of officers, who gire their word of honor in writing not to serve against Germany during the present war, nor to act against its interests in any other manner, will cease to be prisoners of war.
RULES .OFLAND WARFARE.
The,officers and officials who accept this condition will retail1 their arms an? personal property.
In considernticn of the valor displayed by both the army and the garrison during the campaign, those officers who elect to be prisoners of war will be permitted, in -addition, to take with them their swords and their personal property.
ABT.V. All army doctors will, remain at Metz in order to look after the wounded; they will receive the privileges in con-Xormity with the Geneva Convention. The same is to apply to
‘
the personnel of the hospitals.
ART. VI. Explanations with .regard to certain points, more particularly with regard to local interests, are treated in an ap- pendix hereto annexed, which has the same authority as the present protocol.
ART.VII. Any article which might admit of doubt will always be interpreted in favor of the French Army.
Done at Chateau Frescaty, 25th October, ZSiO.
(Signed) V. STIEHLE.
(Signed) I JARRAS.
[Appendix.]
ARTICLE 1. ~hkcivil officials, superior and inferio;., belonging to the army or the fortress, now present at Bletz, may proceed whither they desire and take all their property with them.
ART.2. NO one, whether he belong to the national guard or be
he an inhabitant of the town, or a fugitive therein, shall be liable to punishment, either on account of political or religious riews, or for any share that he may have taken in the defense, gr on account of any assistance he may have rendered to the army or to the garrisoq.
ART.3. Sick pnd wounded left in the town shall receive everr care which their copdition may require.
ART. 4. Families which may be left in Metz by the garrison shall not be molested, and, like the civil officials, may likewise depart without let or hindrance with all that belongs to them,
The furniture and effects which the members of the garrison are compelled lo leave in AIetz shall neither be pluurlered nor confiscated, but shall remain their property. It will be optional with them to cause this property to be fetched away within a period of sis months from the conclnsion of peace or their release from captivity. ,
ART.5. The commander, in chief of the ~rissian Army ,under- takes the duty of prerenting ally damage being done either, to the persons or goods of the inhabitants.
In the same manner the property of the Department, of the parishes, of trade or other unions, of civil or spiritual or other corporaiio%s, of workhouses or charitable institutions, shall remain uuinjured.
42225″-14—-6
The privileges which on the day of the capitulation the cor-
porations and societies, as also private persons, may mutually
exercise, according to French law, shall in nowise be interfered
with. >
ART.6. TO this end it i’s especially arranged that all local
administrations, as also the above-mentioned societies or cor-
porations, shall retain those archives, books, papers, collections,
and documents of el-ery kind which may be in their possession.
The notaries, advocntes, and other judicial officials shall re-
loin their archives allcl deeds or deposits.
ART. 7. The archives, books, and papers belonging to the stale
shall remain generally in the fortress, and at the conclusion of
peace a11 such documents as refer to those districts reverting to
France shall be returned to France.
The outstaudiilg amounts which are necessary for the ddjust-
ment of the accounts, or which might give rise to lawsuits, to
reclamations on the part of third persons, shall remain in the
honds of those officials or agents to whom they are at present
intrusted; the provisions of the preceding paragraph in this
respect undergo amendment.
ART. 8. With regard to the movement of the French troops
from their bivouacs as prescribed ‘by Article I11 of the protocol,
the following course mill be adopted : The officers will lead their
troops to the points and in the directions as below 13rescribed.
On arrival at thdr destinations they will deliver to the Prhssiall
commander of troops a statement of the effective of the troops
under their orders, after which they will hand over thd com-
mand to the noncommissioned officers and withdraw.
The Sixth Corps and Forton’s Cavalry Division will follow
the road from Thionville to Ladonchamps. ,
The Fourth Corps, moving between Wrts St. Quentin and
Plappeville along the Amanvillers Road; will be led as ‘far as
the Prussian lines.
I
The guard, 6he general artillery reserve, the engineers, and equipage train of the headquarters, passing alollg the rail*ay embankment, will take the road to Nancy as far as Tourne- bride.
The Second Corps, with Laveaucoupet7s Division and Lapas- set’s Brigade, which belong to it, will move along the road to Mdgny-sur-Seille, and will halt at St. Thiebiiult farm.
The Gardes Mobiles of Metz and other troops of the garrison, except Laveaucoupet’s Division, Will move along the Stfassburg Road’ ‘as far as Grigy.
Lastly, the Third Co~ps ,will move along the Saarbruclren Road as far’& Bellecroix farm. Done at Chbteau ‘Frescaty, 27th October, 1870. 1
I,     (Signed) V. STIEHLE. (Signed) ‘ JARRAS.
RULES OF LAND WARFAKE.
, ,I
APPWNDTX 1
B.
1
CAPITPLATIONOF, 1898.
S~NTI;AGO,
1, 1
Terms of tlie military conveption for the capitulation of’ the Spanish forces occupying the territory which constitutes the d~rision of Santiago de Cubh, and described as follows: All that portion of the island of Cuba east of a line passing through Aserradero, Dos Palmas, Cauto Abajo, Escondida, Tanamo, and Aguidora, said troops being in command of Gen. Jose Toral, agreed upon by the undersigned con?n~issioners: Brig. Gen. Don Federico Escario, Lieut. Col. of Staff Don Ventura Fontan, and, as interpreter, Mr. Robert Mason, of the city of Santiago de Cdba, appoint’ed by Gen. Toral, commandiilg the Spanish forces, on behalf of the Iiingdom of Spain, and RIaj. Gen. JosephWheeler, UnitQd States Volunteers; RIaj. Qen. H. W. Lawton, United States Volunteers; and First Lieut. J. D. Miley, Second Artillery, aid-de-camp, appointed by Gen. Shafter, commanding the American forces, on behalt of the United States:
1.That all hostilities betweell American and Spanish forces in this district absolutely and unequivocally cease.
2.
That this capitulation includes all the forces and war ma- terial in said territory.

3.
That the United States agrees with 2s little delay as pos- sible to transport all the Sl~anish troo1)s in said district to the Kingdom of Spain, tlle troops being embarked, as far as pos-

‘ ‘
sible, at the port nearest the garrisons they now occ’um.
4. That the officer$ of the Spanish Aimy befpermitted to re- tain their side’arms and both officers hnd pri~atb soldier$’their personal property.
I 1
5.
That tBe Spantsh authorities agree to remove, or assist the American Navy in removing, all mines or other obstructions to~nnvigation now in the harbor of Santiago and its mouth.

6.
That the commander of the Spanish forces deliver, ‘without delay, a conlplete inventory of all arms and munitions of war of the Spanish forces in above-described district to the com-mander of the American forces;) also a roster of said forces now in said district.

7.
That the commander of the Spanish forces, in leaving said district, is authorized to carry with him all military a~chives andcrecords pertaining to the Spanish Ammy now in said district.

8.
That all that Doction of the Spanish forces linown as vol- unteers, mobilizados, and guerrillas Who wish to remain’ id the island of Cuba are permitted to do so upon condition of de; livering up their arms and taking a parob not to beat arms against the United States during the Continuance of the pWs6ht war between Spain and the United States.

9.
That the Spanish forces will march out of Santiago’deCuba with honors of war, depositing their arms thereafter at

RULES OF LAND WARFARE.
.*4
a point mutually agreed upon, to await their disposition by the United States Government, it being understood that the United States commissioners will recommend that, the Spanish soldier return to Spain with the arms he so bravely defended.
10. That the provisions of the foregoing instrunlent become operative immediately upon its being signed.
Entered into this 16th day of July, 1898,by the undersigned commissioners, acting ulider instructions from their respective commallding generals and with the approbiition of their respec tive Governments.
JOSEPH ’81-I~LER, dlajor Cene~al, Utziled States T7olunleers.
11. W. LAWTON, Uajor ~enerll, united Btates T7qlunteers.
J. D. MILET,
First Liez~tenawt, Second Artiller-y,
Aid-de-Camp to General Si~after.
FEDERICOESCARIO.
VINTURA FON’PAN.
KOBT. MASON.
APPENDIXC.
CAPITULATION JIINILA.
OF
MANILA, August 14,1898. The undersigned having been appointed a commission to de- tervine the details of the capitulation of the city and defenses of Manila and its suburbs, and the Spanish forces stationed therein, in accordance with the agreement entered into the previ- ous day by Maj. Gen. Wesley Rlerritt, United States Army, American commander in chief in the Philippines, and his ex- cellency Don Fermin Jaudenes, acting general in chief of the Spanish Army in the Philippines, have agreed upon the follow- ing : ,I.The Spanish troops, European and native, capitulate with the city and its defenses, with all the honors of war, deposit- ing their arms in the places designated by the authorities of the United States, and remaining in the quarters designated and under the orders of their officers and subject to control of the aforesaid United States authorities, until the conclusion of a treaty of peace between the two belligerent nations. All persons included in the capitulation remain at liberty,the officers remaining in their respective homes, which shall be respected as long as they observe the regulations,nrescribed for their Government and the laws in force.
2. Officers shall retain their side arms, horses, and private property. , , (‘
I
RULES OF LAND WARFARE.
, 3. All public horses and public property of all kinds shall be tumed.over to staff otEcers designated by the United States.
4.
Complete returns in duplicate of men b$ organizations, and full lists of publie property and stores, shall be rendered to the United States within 10 days from this date,

5.
All questions relating to the repatriation of officers and men of the Spanish forces and of their families and of the ex- penses which said repatriation may occasion, ‘shall be referred to the Government of the United States at Wa~hiugton.

Spqnish families may leave Manila at any time convenient to them.
The return of the, arms ‘surrendered by the Spanish forcer shall take place when they evacuate the cityror when the Ameri- can Army, evacuates. ,, , I
d
6.
Qfficers and men included, in the capitulation. shall be sup- plied by the Unitecl States, according to their rank, with rations and necessary aid as though! they :were prisoners of war, until the conclusion of a treaty of peace between the United States apd Spain.

All the funds in the Spanish treasury, and all other public fmps, shall be turned over to .the authorities of the United States.

7.
This city, its inhabitants, its churches ind religious wor- ship, its edncational,establishments,and its private property of all descriptions are placed under the special safeguard of the faith and honor af the Americau Army.

F. V. GREENE,
I ( /!
Brigadier General of Volunteers, Umited States Army. P.’ B. IJAMBERTON. ‘ Captain, ynited Etates A7avy. C!I-IAS. A. W~ITTIER, Lieutenant Colonel and Inspecto? General.
E. I-I.CRO\VDEE,
Lieutenunt Colo~zel aiid Judge Advocaie. NICI~OLA~ PEKA,
DE LA
Auditor Ge~ao-u1, Excy~o. CARLOSWECES, Covonel ue Ingenieros. Jos$ MA. DE FBLIN,
OLAGURO , , Coronel ‘&e $stado JIajor.
APP~NDIX
D.
THE TERMS OF THE CAPITULATION PORT 1904. ‘
OE AETI~R,~
ARTICLEI. The military and naval force8 gf Russia in the fortress and harbor of Porl Arthur, as well a$ the volunteers and the officials, shall all become prisoners.
RULES OF LAND WARFARE.
ART. 11. The forts and fort!fications Of Port Arthur, the war- ships and other craft, including torpedo craft, the’ arms, the ammunition, ‘the hotses, all and every material for warlilre use, shall be handed over as they are to the Japanese Army.
ART.111. When the above two articles are agreed to, the fol- lowing steps shall1 be taken by way of guaranty, namely, by noon on the 3d ‘instant all garrisons shall be withdrawn from fortifications and forts ab I-zu-shan, Hsiao-an-tau-shan, Ta-an- tzu-shan, and all the highlands on the southeast of these, and the said fortifications and forts shall be handed over to the Japanese Army.
ABT. IV. Should it be recognized that the Bussian military or naval forces destroy or take any other steps to alter the condi- tion of the things enumerated in Article I1 and actually existing at the time of the signature of this agreement, these negotiations shall be broken off hnd the Japanese Army will break off negotiation and resume freedomlo? action.
ART. V. The officers of the Russian military and naval forces of Port Arthur shall compile and hand to the Japanese Army maps showing the arrangement ,of the defenses, the positions of mines and torpedoes or other’dangerous objects, as well as lists of the organization of the naval and military forces in'”Fort Arthur, nominal rolls of the military and naval officers, their ranks or grades, similar rolls relating to the warships, lists of the ships of all ilescriptions and their crews, and tables of the ndncombatants, male and female, their nationalities and their occupations.
ART. VI. The arms (including those in the hands of the forces), the ammunition, and all material for war uses (exceptprivate property) shalt be all left in their present positions. Rules relating to the handing over and receipt of these objects shall be arranged$ by commissioners from the Russian and Japanese Armies.
h~.
BII. The Japanese Arrpy, as an honor to the brave de- fense’ made by the Russian Army, will allow the officers of the Russian military and naval forces and the officials attached to the said forces to retain their swords, together with all pri- vately owned articles directly necessnry for daily existence. Further, with regard to the said officers, officials, and rolun- teers, such of them, as solemnly pledge themselves in writing, not to bear arms again until the close of the present war, and not to perform any act of whatsoever kind detrimental to the interests of Japan, shall be permitted to return to their coun- try, xnd one soldier shall be allowed to accompany each officer of the rtrmy or navy. These soldiers shall be required to give a similar pledge.
ART. VIII. The disarmed noncommissioned officers and men of the army ‘sad navy, as well as of the volunteers, wearing
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their uniforms, ‘carrying their tents ah all privately owned necessaries of daily life, shall unde~ the command of their re- spective officers assemble at places indicated by the Japanese Army. The details of this arrangement will be shown by the commissioners Of the Japanese Army.
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ART. IX.,The officials of the sanitary and paymaster’s depart- ments of the Russian military ‘and naval foxces in Port Arthur shall remain and continue to discharge their duties under the control of the Japanese sanitary and paymaster’s departments so long as the Japanese Army deems it necessary for minister- ing and BToiding sustenance to the sic!, ;he wounded, andi the ~is6nei-6. I,
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‘ART. X. Detailed regulatidns with reference to the madkg’e- ment, of the noncombatants, the hdli3inistration of tlie town, the performance of financial duties,’ the transfer of documents relating to these matters, and with l’eference to the carrying out of the agreement itl other respects shall be entere’d in an appendix to this agreement. Such appendix. shall have the force of the agreement itself.
AT.XI. Each of the contracting parties shall receive one copy of this agreement, and it shall become operative from the time of its signature.
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CHAP~R 111.
VII, SECTION
ARMISTICES.

256a. Armistice defined.-All lwmistice is the cessation of nc-tive hostilities for a period agreed on between belligerents. It must be agreed upon in writing and duly lntified by the highest nuthorities of the contending parties?
1G.0. 100, 1863, art. 185.
257.
Effect of nlnzistice.-R. R. Art XXXVI. An armistice suspends military operations by mutual agreement between the belligerent parties. Ifits duration is not defined, the belligerent parties may resume operations at any time, provided always that the enemy is warned within the time agreed upon, in accordance with the terms of the armistice.

258.
Nature of.-.4n arillistice is not a partial or n temporary peace; it is only the suspensioil of military operations to the extent agreed upon by the parties.’

G. 0. 100. 1863. art 342. A treaty of peace. after signature, but 1
before ratification operates as a general armistice. It acts as an armis- 1
tlce if no sepnsati armistice Is cqncluded., Hall, Int. Law, 5th ed., 559. 1
259. When bindi?rg.-An nrmistice is binding upon the bellig- erents flSom the day of the agreed commencement, but the officers of the armies are responsible from the day o~lly wheu they receive official information of its existence.’
C.0. 100, 1863, art. 139.
260. Importance of fixing time of.-In all armistices it is of the utmost importance that the exact moment for the commence- ment and for the termination of same shall be fixed in the terms thereof beyond any possibility of mistake or misconception.’
Hostile relations aye too far-reaching in their results not to furnish cause for complaints recriminations, and even reprisals in case of vio-lations, or supposed ‘violations, of the time for passing from the actual hostilities to peaceable relations or the reverse. In case of a short armistice, as for a few hours, no dimculty appears. If the term be for a designated number of days uestions arise as to whether the first or last day is inclusive or exciuave. In case an armistice is for an in-
definite period, good faith requires that notice must be given of inten- tion to resume hostilities.
A good example of an indefinite eriod in an armistice which was to terminate upon reasonable notice gfven by either party is that between Gen. Sherman and Gen. J. E. Johnston near Durham N. C., in April, 1865. The armistice agreed upon was disapproved it Washington as containing political stipulations, whereupon Gen. Sherman was in-structed to notify Gen. 2ohnston of the termination of the armistice and to resume hostilities at the earliest moment, acting in good faith.” Wffereupon Sherman sent the following notice to Johnston :
You will take notice that tqe truce or suspensipn of hostilities
agreed to between us will cease In 48 hours after this is received in
your lines under the first of the articles of agreement.” (Sherman’smeqoirs, ip. 346, 358, 367.)
88
RULES OJ? LAND * WARTARE. 88
261. What may be done during an armistice.-An armistice need not in terms prohibit actual hostilities.’ Anything else may be done during an armistice that is not in express terms prohibited by the agreement.’
1 Actual hostilities will proviae, of course, that flring shall cease : that the be!ligertpts must not gain ground to the front; and, during siege operations, that the besieger must cease all extension, perfection. or advance,,of his attackln works as much so ns from attacks bymnin force (G 0 100 1863 art ‘142.)
21n moiern praciice the princi&e has been foll~wed that what is not expressly prohibited is allowed. The principle that a belligerent must abstain from eterything which the other could have preventedhad there been no armistice,” is rejected by continental armies. (SeeSpaight, War Rights on Land, pp. 235-238 ; Ariga, p. 560; Les Lois, Jacomet, p. 90.
262. Porn1 of ccrn~istice.-NO specid1 form for an armistice is prescribed. It shculd, whenever practicable, be reduced to writing, ill order to a~oirl luisunderstandings and for purposes of reference should differences of opinion arise. It should be drafted with thelgreatest precision and with absolute cle~rness as to statements.
l For forms of armistice, see appendices, this section.
263. Kinds of arnzisticc.-H. R. ‘~rt.XXXVII. An armistice may be general or local. The first suspends the military opera- tions of the belligerent States everywhere; the second only’be- tween certain fractions of the belligerent armies and within a fixed radius.’
The following names have been applied to armisticcs vie : generaland local as in the text (the term speoial is used in G. ‘0100 1863
art. 137), truce, local truce, cessatiop of Rostil~tzes.. cessat~oa 01arms’
and ausgenslon of arms. The continental writers still make use of th6
terms armistice and su%pens.loa of arms. As a matter of fact there
is no essential difference between truces, suspeltsioas of ards, and anlsistices.
2G4. General a]-mistice.-General armistices are of a com-bined political and military character. They usually precede the negotiations for peace, but may be concluded for other pur- poses.’ Due to its political importance, a general armistice is concluded by the Governments concerned or by their command- ers in chief, and are ratified in all cases. General armistices are frequently arranged by dil>lomatic representatives.’
l.4 general armistice may not apply to all of the forces in the field. The armistice executed In Paris on the 28th of Jftnuary, 1871, whi~h preceded the pence, was called a “general armistice, and yet it exclnded
the Departments of Uoubs, Jura, and Cote D’or and the town of Bel-
RULES OF LAND WARFARE.
265. Local wn~istice.-A local armistice suspends operations between certain portions Of the belligerent forces, or within n designated district of the theater of operations. A local armis- tice may be concluded by the military forces only, or by the naval forces only, or between a less number than all of the belligerents at 5 war.’ .
1G 0.lOq 1863 art 137 par 1. “An armistice may be general and
valid’ for all’ poinrb a& liies oi the ‘ belligerents ; or special,, that is, referring to certa~n troops or certain localities only.”
266. Bzrspension, of arnzs.-A suspension of arms is a form of armistice collcluded between commaliders of armies, or even of detachments, for some local military purpose: ‘such as’ to bury the dead, to collect the wounded, to arrange for exchange of prisoners, to enable a comnlander to communicate with his Gov- ernment or sunerior officer.’
The above’ distinction as stated is not absplulely kisentia~ although Mr. Oppenheitn still draws the distlnctioll between the th’ree form9 mentioned in the above text, (Land Warfaxe,’ pp. 56-57). But see West- lalce. War. part 2. D. 92. and S~aizht. Wnr on Land. DD. 233-234. A suspension of arms ivas ashed foi, by the governol of &faGila of Admiral Dewey on Aug. 9, 1898, which would @llo\~ him to communicate with
his Government and receive instructions.
267.. ~otific~tion. of al’mistice.-p, R. Art. XXXVIII. An argri$ticeLmust bi notified oficially and in good time to tbe com- petent authorities and to the ,troops. Hostilities are suspended immediately after notification, or on the date fixed.’
Vide par. 259.
265. Intercoz~rsein theater of operations.-H. R. Art. XXXIX. It rests with the, contracting harties to, settle, in the terms of the armistice, what intercourse may be held in the theater of war with and between the populatiohs.
269. Rule in absence of stipulation.-If nothing ‘is stipulated, the intercourse remains suspended, as’during actual hostilities.’
l G. 0. 100 1863 art 141, par. 2. The French nio’huh b. 61 states:” If the cont;.actin; paikies have omitted tg arrange as’to the’ mutual
relations of the populatioa’during the armistice, each belligerent pre-fierves the absolute right to settle the question as he chooses on the territory held by him. An armistice is not a.tempora,ry peace ; it leaves tbe state of war in exl~tence. coqsequently the copllngs and goings of the inhabitants about the respective positions qr within, the neutral
zone may offer inconveniences ahd facilitate spying.”
250. vhat stipu~ht’iolw armistice should contai1z.-mhe follow-ing stigula~ions should be incorporated in en armistice: .
(u) The precise date, day, and hozcr <of the com~nencelnsnt op the armistice.-The date of commencement of an armistice may be different for different parts of an army.’
, AVide par. 260, supra.
(b) The duration of tlte armistice.-bhe duration may be for a definite or indefinite period, and niay teriniliate with ‘or without notice of expiration. I11 case it is jndefinite, a belliger- ent may resume operations at any time, with due notice given. If the term is fixed and no agreement has been mnde fof pro- longing same, hostilities may be resumed without notice in the absence of positive terms to the contrary. An arnlistice com- mences, in the absen~e of express mention, to the contrary, at the moment it is ~igned.~
a In 1598 Spain protegted n ainst hostilities being contin&d duringthe negotiations fort an~afimisfice in Washmgton. The Unl’ted States replied that it was a belligerept’s strict right to continue operations so long as an armistice had not been conclude^.
In 1865 Gen. ‘A7ilson chptured Macon Ga durin~ ah armistice between Gens. Sherman and Johnston, of bhicl;’ Gen. $ilson hdd been informed py Gen. Cohb, but not by his own commander. Gen. Sherman directed him to release the captured Confederate generals (Cobb, G. W. Smith, and BfcCall) and to occupy ground outside of Macon.
(e) The principal lines and all other ?~zarLs or signs ?zt=ces-
sary to cleterrnine the locations of the belligerent troops shoulcl be fixed.-Belligepents frequently make use of maps with the lines indicated shown thereon, which maps are made part of the convention. A neutral zotle is frequently determined upon between the two armies. These lines are not to be crossed or the zone entered except by parlelneiltaires or other parties by special agreement for specified purposes, such as to bury the dead2’and collect ,the w~unded.~
is ‘customary to designate the rolds thit are to be used by all parties entering or passing through a neutral zone. Vide general form
armf~tice, Appendix A, this section.
‘(d)T7~e relation of the ainaies with the people.-In the ab- sence of stipulations to the contrary, each belligerent will ex-ercise toward the ‘inhabitants the rights of belligerents over

92
RULES OF LAND WARFARE.
, occupied territory, such as billeting troops, requisitioning sup- , plies, etc., qs well as all intercourse between them.’
&Vide Spaight, War Rights on Land, p. 247.
.(e) What acts ape prohibited duving tile arm.istice.-In the absence of stipulations to ,the contrary, each belligerent is au-thorized to make movements of troops within his own lines, to receive and instruct recruits, to construct intrenchments, to repair bridges, to establish new battedes, and, in general, to take advantage of the tillle and nlenlls at his disposal to pre- pare for resunling hostilities. This includes the right to con-tinue espiollage, but! does not include the right to introcluce sup- plies into a fortress unless especially stipulated in the a, eree- merit?
–
=Les Lois Jacomet art 133 Vide note 2 par. 261 supra.
In the ~rhssels cohferince it was propose$ to mad the matter clear as to what a belli went ma$ or may not do after an armistice in con-
cluded by specify& that on the conclusion bf an armistice, what
each df the ,parties may do and what he may not do shall pe precisely
stated.”
This was not passed because of the belief that this wa.: imptied iu Art. SXXVI of the present rules. See the French rule in note 1, par.
269 supra For practice during modern wars which conform to the fordgoing ~irinciple, see Spaight, War Rights on Land, pp. 233 et seq.
271.
Denunciation of armistice.-H. R. Art. XL. ,Any serious violation of the armistice by one of the parties gives the other party the right of denouncing it, and even, in cases of urgency, of recommencing hostilities immediately.

272.
Nust not constitute perfidy.-To denounce an armistice without some very serious breach, and to surprise the enemy before he can have time to put hiaself on guptd, would consti- tute an act of perfidy. In the absence of extreme urgency, some delay should Fe given between the denunciation and resumption of hostilities.

=Land Warfare, Opp., pars. 296-297.
273. Armistice no excuse for lac16 of uigiEm%ce.-The existence of an armistice does not warrant relaxation of vigilance in the service of security and protection, or in the preparedness of troops for action, or exposing positions to the enemy.’
At the second battle of Fredericksburg, Mny 5 1863 the Federals discovered the weakness of Gen. Barksdale’s force’durin; a SUE ension of hostilities to collect the wounded after the second repulse. drnoirs Alexander p. 351. 1.n the suspension ‘Of arms at nTnnes Hill, durin$ the re11eP ‘of Ladyslmth, many o! the burghers stooc? up and disclosed the position of their trenches which until then had not been located by
the enemy. South African #ar, Vol. 11, p. 602.
274.
Violations by individuals.-R: R. Art. XLI. A violation of the terms of the armistice by individuals acting on their own initiative only entitles the injured party to demand punishment of the offendexs or, if necessary, compensation for the losses sustained.

275.
Soldiers captured violating armistice are prisoners of war.-Soldiers captured in the act of breaking an armistice must be treated as prisoners of war. Such acts do not justify denunciation of the armistice.’

Mr. Oppenheim says: “There is no justification in such circum-stances for a renewal of hostilities, unless the behavior of these indi- viduals is approved of or .sanctioned by their superiors. If however
the nolatlon of the armistice by individuals acting on their dmn initial tive be repeated, and if it become evident that the adversary is unahlr to repress such abuses there might be no other may after proper pro- test, to obtain redreds except by denouncing :he ‘armistice.” Land Warfare art. 299′ Ariga p 555 states that during the armistice frequent’ reports wlre received that’ Russian soldiers entered the neutral zone in violation of the third article of the protocol. We have never believed, howeyer”, that we should make any complaint with reward to this, ,because it was a question in reahty only of small individual in-
fractions which should have no influence upon the general effect of the armistice.”
RULES OF LAND WARFaRE.
AI<MISTICE BETWEEN TWO OPPOSING FOROES.
A B ———-, authorized by C D, commander in chief of
the United States forces in ——,—, and E F ——_,–,
authorized by F H ———-,commander in chief of the
_i–troops id ———-, agree to the following articles :
ART.1. On the publication of this armistice, hostilities shall
cease between the United States and ———-forces at all
points along the frontier of ———-between ———-and
——- – –.
ART.^. The armistice shall continue until noon on the —-
day of ——, and until such further time as is hereinafter
mentioned.
ART.3. Either side may at any time on or after the said —-day of ——,give ——days’ notice of its intention to deter- mine the armistice, and the armisLice shall be determined at the espiration of such ——days. Notice shall be given by writing, stating the intention to determine the armistice, and sent from the headquarters of one army to the headquarters of the other army. In reclroning time for the purpose of the said ——days’ notjce, the day on which the notice is given, at whatever hour the same may be given, shall be reckoned as an entire day, and the armistice shall expire at midnight on the ——day succeeding the day on which the notice is given.
ART.4. The lines of demarcation shown on the attached map shall be strictly adhered to during the armistice. The terri- tory lying between the two lines of demarcation shall be strictly neutral, and any advance into it by any member of either army is prohibited except for the purposes of communi- cation between the two armies. Keith+?* army shall extend its line in a ———-or ———-direction beyond the points shown as the extremities of their respective lines.
ART.5. Subject to the restrictions mentioned in the fourth article, as respects making an advance into the neutral territory, either army may talie measures to strengthen its position, and ]nay receive reinforcements and stores of warlike and other material, and may do any other act not being an act of direct hostility.
&T. 6. During the two days following the day on which this armistice is ratified, burial parties from both armies shall be
RULES:OF LAND WARFAmE.
permitted to visit thh8’iield of battle of the –i-l—–instant,
for the lpurpose of blirying the dead. ‘ ‘-4nq. 7. The ‘mzuinl road from A to B via C will’be used for
communicatioh between the commanders in chiefj of tlie two
arrhie.4. , 1 1 , c % 1,
ART.8. During ‘Ihe continuahce of the armistice’ the peaceful
inhaBitantS of the Countrylshall be allowed td purgue their oc-
cupations, and to buy frdm or sell to either ady protisians or
goods,lbut any measunes consistent with the ob’servanee of the
articlee of the ‘armistice in relation to the nentral territorv ma4
beltaken by either army to prevent inhabitants, after-e&&r<i& I theclines of or obtaining information.respecting one apmy f~om passing or karrying information to the other army,’ ‘
Am. 9:’This armistice shall come into force imnlediately on
its flatideation by the con~lnanders in chief of the two armies,
and officers1 shall be’dispatohed withtall (speed, from the head-
quarters of each army, to give notice of the armistice at all
points along the Ijne.
BETWEEN BESIEGING FORCE AND GARRISON. , ,, ,
A B, ieneral, commander in chief of the ~~nitbd
States forces noF in –i ——?-, and C D, general, commander in chief of the -garrison of –,-, agree fo the f~11 Ging; articies,;
—–A
ARTICL~
1.,an armistice between the Qdited Stales trodis in-
resting ———-and the troops forming the garrison of
———-shall begin ,at qoon on t$te –,,–

instant and shall
end at noon on the ——instant.
ART.2, White hags,. shall be hoistid bi’rnultaneoukly at’ th’e
be~inning,~fthe armstice, the,ons at ——-?–, within the
United State* l’ines, md the other at Fort ,,———.
The flags ‘shall be kept,,flyi~g during the continuaqce ,of ‘the
armistice and shall be lowered simultaneously at its conclusi6n.
ART.3( Provisions to the extent of ———-yations shall be supplied daily for the use of the garrison by the besiegers on pay- ment of such sums as,may be agreed upon as the value thereof by ,commissioners to be apnointed by the above- am@ com-manders in chief, rpspeotireJy. The provisions b%be ,delf$- ered t~persons quthorized,to dqqand the same by, the general commanding the garrison, at such, tihes, and iq sue p~aces in front of the United’states lines, as ‘may Ije agt&d’upon by the above-named commanders in chief, and shall be conveyed to the garrison by the gersons authorized as above stated.
ART.4. Save in so far as is provided by article 3, or as may be agreed upou between the above-named commanders in chief,
RULES OF LAND WARFARE.
it is agreed that the garrison shall not attem~t to obtain succor, and that no communication whatever shall, daring the prmistice. take place between the garrison, whether friend or enemy, and a space of ———-around the fortification shall be consid- ered neutral ground, and no person whatever, whether he be a stranger or belonging to the garrison or to the besieging army, shall $e allowed to entcr on such space without the permission of the above-named coillmanders in chief. . I
$
ART.5. General ———-,comnlanding the garrison, engages on behalf of the garrison not to repair the fortifications or to undertalre any new siege works, or do any act or thing whnt- soever calculated to place the garrison in a better position in regard to its defeqse; and General ———-, on behalf of the United States troops, engages not to undertake any siege works, or to make any hostile mare against the garrison, but it is un- derstood that he is at liberty to obtain fresh supplies of pro-visions oo reinforcements of troops.
Ak~~~k~l~
C.
FORMOF SUSPENSIONOF ,kRM$ BOR TIlE BURIALOF TIIE DEAD.
ETC.
General A. B., commanding the United States forces at ———-,qnd General C. D., colllmanding the forces at ——–,-, agiee as follows :
ARTICLE1.A su~ension of arms fbr the space of three hours, ?eginningl nt’ SO o’clock and ending at 1 o’clock on this —-i—–day of -L ——–is agreed to for the purpose of burying the dead and withdrawing the wounded.
ART. 2. The beginning of the suspension of arms shall be notified by two white flags hoisted simultaneotlsly, the one withiq the hited States lines, and the other within the ———-lines. The white flags shall continve flying during the suspension of arms, and such flags shall be lowered simul- taneously’ as a ‘signal of the conclusion of the suspension of arms.
ART.3. All fiqing shall cease during the suspension of arms.
ART.4. The United States troops shall not, during the sus-pension of arms, advance beyond the line, and the’ ———-troops shall not advance beyond the ———-line. The space between the two lines shall be open to all persons engaged in burying the dead, or in attending to the wounded, or in carry- ing away the dead or wounded, but to no other persons.
/ 1
18
RULES OF LAND WARFARE.
The undersigned plenipotentiaries of Japan and Russia, duly authorized to that effect by their respecti~e Governments, have agreed on the following terms of the armistice, which will remain in force until the execution of the treaty of peace:
(1)A certain distaoce (zone of demarcation) shall be fixed to separate the front of the armies of the two powers in Man- churia, and also in the Tumen region.
(2)
The naval force of one of the belligerents may not bom- bard the territory occupied or belonging to the other.

(3)
The taking of maritime prizes will not be interrupted by the armistice.

(4)
During the armistice no reinforcements may be sent to

the theater of war. Those who are on the way from Japan may not be sent north of hfukden, and those on the way from Russia may not be sent south of Harbin.
(5)
The colnlnanders of the military and naval forces will arrange the details of the armistice in accordance with prin- ciples above enunciated.

(6)
The two Govenmlents will issue the order to put this protocol into executioil directly after the signature of the treaty of pence.

( Signed) WITTE. (Signed) ICOMOURA. ROSEN. TAKAHURA.
-LPP~DIX E.
PROTOCOI,OF TIIE OB THE ~RMISTICE CONCLUDED
CONDITIONS IN ~~ANCEIURIAON 13~11SEPTEMBER,
1005.
ARTICLE1. Fighting is suspended Il~roughont the extent of hlanchuria.
ART.2. The sl~nce between the front lines of the Japanese :~nd Russian Armies, which ore indicated on the maps eschrulged with the present protocol, constitutes the ueutrnl zone.
ART.8. El-ery person having the least coii~lectioll with either of the arniies is forbiclde~l to enter the ilentrtll zone 011 ally pretest whatsoever.
ABT.4. The road leading from Shuang-mino-tz to Sha-ho-tzu is to be employed for communication between the two armies.
ART.5. The present protocol will collie illto force on the 16th (Russian style 3d) September, 1905, at midday, anrl will remain in force until the execution of the treaty of peace signed at Portsmouth by the plenipotentiaries of the two powers.
42225′-14-7
The present protocol is signed by the representatives of the commanders in chief of the Japanese and Russian Armies in Afanchuria, in virtue of the full powers which have been given to them by the said commanders in chief.
Done on the road situated close to Slm-ho-tru the 13th September, 1905, in two texts, Japanese and Russian, each party keeping a Japanese ancl a Russian test.
( Signed) FUKUSHIMA,
Major General, etc.
ORANOUSKI, illajor General, et,c. APPENDIXF.
JAPAVESE PROJECTFOR THE ~RMISTICE IN THE TUMEN REGION.
ARTICLE1.The Japanese and Russian Armies in the Tumen region will execute the armistice according to the stipulatioils of the present convention.
ART. 2. The Jal~anese Army will canton south of the line ———-The positions of the Russian Army will be limited to the north of the line———- The region between these two lines will form the neutral zone.
ART. 3. NO troops, patrols, or men sent on reconnaissance, nor any indiviclual belonging or attached to the army mill be permitted to enter the neutral zone.
ART. 4. hTo preparations for attack or defense will be made near the line limiting the neutral zone. The necessary prep- arations for cantoning the trool~s will not be considered as preparations for attack or defense.
ART.5. ATo requisitions of coolies, horses, or any other ob- jects will be made in the neutral zone.
ABT. 6. The Japanese and Russian Armies in the Tumen re gion will both commence to evacuate their troops beyond the lines indicated in article 2 on the third day, and must have completed the evacuation behind the lines by the seventh day from the signing of the present convention.
AR~.7. Once the convention is drawn up, the commanders of the Japanese and Russian Armies mill order the troops and the officials under their commancl to execute the armistice, in such a manner that the order may reach them as soon as possible. They mill at the same time notify the commanders of the land and sea forces.
ART.8. This convention will come in force immediately it has been signed by the plenipotentiaries of the Japanese and Russian Armies; it will lapse on the esecution of the treaty of peace.
ART. 9. The present conmution will be drawn up in two Japanese and two Russian texts, each army keeping a text in each language.
99
(This project was not ngreeable to the Russians and an armistice had not been concluded when the treaty of peace was ratified.)
APPENDIX G.
SUSPENSIONOF ARMSAT THE SIEGEOF BELFOBT, 3 ~ ~
1 FEBRUARY, 1571.
It has been agreed by the undersigned, Capt. Rrafft, of the auxiliary engineers, and Capt. von Schultzendorf, general staff, of the besieging army, both furnished with full powers by Col. Denfert-Rochereau, commandant of Belfort, and by Lieut. Gen. yon Treskow, commandant of the besieging corps-
As follows :
(1)
Lieut. Gen. von Treskow will send a telegram to Ver- aailles to acquaint the Imperial Chancellor Count Bismarck that Col. Denfert-Rochereau requires direct instructions from his Government as regards the surrender of the fortress.

(2)
Col. Denfert-Rochereau will send an officer to Bale to await the telegraphic instructions from the French Government.

(3)
Until the return of this offlcer there will be a suspension

of arms between the besieged and besiegers, beginning the 13th February at 11p. m. Nevertheless, the suspension of arms may be denounced at ally monlent 12 hours before the time intended for the resumption of hostilities.
(4) During the suspension of arms the two parties shall re-
main in their present positions. The limits thus traced shall not be crossed, and, moreover, there shall be no communication on the part of civilians between the fortress and the outside.
(5) Col. Denfert-Rochereau engages to inform Lieut. Gen. Ton Treskow with the least possible delay of the decision he makes after receiving the instructions of the French Govern-ment.
The present convention has been lllnde in duplicate original, one text in German and the other in French. (Signed) I~RAFFT. VON SCHULTXENDORI?.
1Stl~Peb~’na~y,
1871.
CHAPTERVII, SECTION
IV.
PASSPORTS, SAFE-CONDUCTS, SAFEGUARDS, AND CARTELS.
276. P’assport defined.-A passport is a written document given to a person or persons by a commander of belligereiltforces authorizing bin1 or then1 to travel unmolested within the district occupied by his troops?
1Mr. Spaight says: “The terms (passport and safe-condnct) appear
to be convertible, though some would make the ‘passport ‘ confer a more
extended liberty of movement than the ‘ safe-conduct ‘ which they would
cohfine to an authority to come to a specified olace for a soecified
object ” (War Rights on Land p. 230). –
Passnorts are issued bv the &ate De~artment. or similar office in other
countrfes, to diplomatic “agents and ofhers enterinp-;I;-tiaveling3n for-
eign countries. which are of the same general charactet as those issued
during war. The latter should, when practicable, hnve the photograph
of the bearer attached. For form see appendix, this section.
277. Safe-conduct as to persons.-A safe-conduct is a docu-ment given to an enemy, alien, or other person or persons by a commander of belligerent forces authorizing him or them to go into places which they could not reach without coming into collision with armed forces actively operating against the enemy?
Safe-conducts are more freauentlv issued tn enemv snbiects. Safe-conducts were issued to the Bo6r leaders in ~pGl anb~&190.2-to-er-mit them to confer about the terms of surrender. (~pdght,b. 280.)
Gen. Scott issued a safe-conduct to several members of the new Federal Congress to permlt them to pass through the City of Mexlco and a passport to Gen. Santa Anna’s wife to permit her to join her husband. (Moore’s Int. Law. Dig., sec. 1168.) For form see appendix, this section.
278. Bafecondz~ct as to goods.-A safe-conduct is a written authority or license to carry goods to or out of, or to trade in a certain place or places otherwise forbidden by the laws of war, given by n colnn~ander of belligerent forces to an enemy, alien, or other person.’
1For form of safe-conduct see appendix, this scction.
279. Character of t7lese insti-u??ze?ats.-Both passports and safe-conducts fall within the scope of international law when granted by arrangement wit11 the enemy or with a neutral power. The passports and safe-conducts as to persons are in- dividual and nontransferable. A safe-conduct for goods, while restricted to the articles named in them, may be transferred from one person to another, prorided it does not designate who is to carry the goods or to trade. They. may’ be transferred
100

when the licensee is designated if the trazsfere:, is approvedby thd authorizing belligerent. The term pass is now fre- quently used instead of the oider term “passport,” and like- wise the word ” permit” The word ” pass” being used for a general permission to do ‘,certain things, the word “permit ” being used like the word safe-conduct,” to signify permission to do a partihular thing.
280. May be reuo7ced.-Passports and safe-conducts may be revoked by the commander issuing them or by his superiors for reasons of military expediency, but, until revoked, they are binding upon grantors and their successors. When a time is specified in the document it is valid only during such time. These documents should not be revoked for the purpose of securing the persons of the holders who should be given time to withdraw in safety; in case of violation of their terms the privilege will be withdrawn and the case investigated.’ Theyare valid in the district of the commander who grants them only.
1See Land Warfare, Opp., art. 334. Spaight, War Rights on Land,
p. 230.
281. Licelzses to tvade.-Licenses to trade are general and special. A general license relaxes the exercise of the rights of war, generally or partially, in relation to any community or individuals liable to be affected by their operation. A speciallicense is one given to individuals for a particular voyage or journey for the importation or exportation of particular goods.’
Licenses to trade must as a general rule emanate from the supreme
authority of the State. 1b certain exceptiokal cases the governor of a
province, the general of an armv or the admiral of a fleet, may grant
licenses to trade within the lim& of their commands.
As to licenses to trade see the following cases :
The Sca Lion, 5 Wall., 630.
Coppell fl. Hall 7 Wall 542
Hamilton v illi in 21 ‘ball ‘ 73.
U. S. v. one hund;ed barrel; of cement, 27 Fed. Cases, 292.
Dig. Int. Law, Moore, sec. 1141.
282. Xafegua~,d.-iL safeguard is a detachment of soldiers posted or detailed by a commander of troops for the purpose of protecting some person or persons, or a particu!:r village, build- ing, or other property. The term “safeguard is also used to designate a written order by a commander of belligerent forces for the protection of an enemy subject or enemy property. It is usually directed to the succeeding commander requesting the graut of protection to such individuals or property.’
=The object of a safeguard is usually to rotect museums historic
monuments, etc. A case of this which causegmuch discussioi was the
nction of Gen. McClellan in placing a safeguard over the residence of
Mrs. R. E. Lee in 1862. 3tcClellau’s Own Story, p. 360; Spaight, War
Rights on Laud 231.
The ITrench the first bind cicc! aud the second mol-t. It 1s
called dead (mort) or alive (vive) according to whether it consists
102 RULES OF LAND WARFARE.
in. thc simple posting of a notice showing the protection given to the
establishment or, when, In order to insure the efficacy of the exemption
accorded. there is ~laced over it a body of troops charged with en-
forcing the order.” -Les Lois, Jacomet, art. 139.
253. Inviolability oJ soldiers as safeguards.-Soldiers on duty as safeguards are guaranteed against the application of the laws of war, and it is customary to send them back to their army when the locality is occupied by the enemy, together with their baggage and arms, as soon as military exigencies permit.’
lUEnemy safeguards which have been osted without prevlous ar-
rangement pu$ht nevertheless, to be tread In the same way, provided
that.,the circumitances of the case prove that their posting was bona
flde. Land Warfare, Opp., par. 336.
284. Cartels.-In the customary military sense a cartel is an agreement entered into by belligerents for the exchange of pris-
,oners 08 war. In its broader sense it is a convention concluded between belligerents for the purpose of arranging or regulating certain kinds of non-hosple intercourse otherwise prohibited by the existence of the war. A cartel is voidable as soon as either party has violated it.’
1″A cartel ship ia a vessel engaged in the exchange of prisoners or in
carrying omeial communications to the enemy. Such a ship is con-
sidered inviolable but must not eng,age In hostilities or carry an im-
plements of war ixce t a signal gun. Land Warfare, Opp., par. 2f9.
United States c. &right, 28 Fed. Cas., 798. BoAh belligerents are
bound to observe the terms of the cartel, and they are of such fore:
under the law of nations that even the sovereign can not annul them.
=Vide G. 0. 100, 1803, art. 109.
RULES,~~,
LAND WARFARE. ‘
FORUOF PASSPORT.
(Place and date of issue.)
Authority is hereby granted to Mr. (or other title) ——–living at —–L—-(if on a mission, state the same), to passout of the lines for the llurpose of (state object of journey) ——————–.
He will cross the lines by the road from A to, B (or at a des-
ignated point) during the —————-(forenoon, after- noon, or day) of _—————(date).
He is authorized to take with him ——————-(per-sons, articles, carriages, etc.). He will proceed to (name destination) by the route C. D. E.
………………………….

I I (Signature of ofEcer.)
Photograph or ………………………….

finger print (Rank, etc.)
or signature. No~~.-This passport is strictly personal
and will be void unless used on the date
stated.
SAFE CONDUCT.
(Place and date of issue.) , Photograph. —————-residing at—————. (or if 071, a n~issio?~,,
the mission to be stccted)
is authorized to proceed to ————–for
the purpose of—————————.
He will follow the route A. B. C.
I-Ie is authorized to take with him (perso?zs, articles, vehicles).
This safe conduct is good until —————————-.
All military authorities are directed to protect the bearer of this safe couduct and in nowise to molest him.
————————,
(Slgnature of officer.)
————————.
(Rank, etc.)
No~~.-This safe conduct is strictly personal and shall be void unless used within the time fixed.
1.
(Date and place of issue.) All officers and enlisted men belonging to the —————-
(Name the army ———————-are directed to respect the premises of
or subdimion thereof.)
———-situated at———-.

KO requisitions thereon, nor damage thereto, will be per- mitted, and protection will be afforded by all officers and en- listed men against any person who shall attempt to act in viola- tion of this order.
————————,
(Signature of of8cer.)
(Rank, etc.)
The following form was prescribed by Gen. Scott in IIexico :
By authority of Major Geu .——-(or Brigadier Gen .——-)-The person, the property, and the family of ———-(or such n colIege, and the persons and thiugs belonging to it; such mill, etc.), are placed under the safeguard of the United States. To offer any violence or injury to them is espressly forbidden; 011 the contrary, it is ordered that safety and protection be given to him or them in case of need. Done at the headquarters of ———-this——–I-day of ———-,IS–.
1Forms for safeguards ought to be rinted in blank, headed by the
article of war relative thereto and he& ready to be filled up as occa-
sions mav offer. A dualicate. ‘etc.. in each case might be afflied to the
–
houses of edifices to wliich they relate.
57thArticle of War: Whosoever. belonging to the armies of the United
States in foreign parts, or at any place within the IJnited States or
their Territories, during rebellion against the supreme authority of the
United States forces a safeguard shall suffer death.
69rd ~rticd of War: All retainers to the camp, and all persons serv-
ing with the armies of the United States in the field, though not en-
listed soldiers, are to be sub~ect to orders according to the rules and
discipline of war.
CHAPTERVIII.
MILITARY AUTHORITY OVER THE TERRITORY OF THE HOSTILE STATE.
285. lUilitar1~ occupatio?&.-H. R. Art. XLII. Territory is con- sidered occupied when it is actually placed under the authority of the hostile army.
The occupation extends only to the territory where such au- thority has been established and can be exercised.
286. Occupation. question of fact.-Military occupation is a question of fact. It presupposes a hostile invasion as a result of which the invader has rendered the invaded Government in- capable of publicly exercising its authority, and that the invader is in position to substitute and has substituted his own au-tliority !or that of the legitimate Government in the territory invaded.
‘Thirty Hogshead of Sugar v. Boyle 9 Crunch 191 : ” Some doubt has been suggested whether Santa C&z while in the possession of Great Bi-itain, could properly be conside;ed as a British island. But for this doubt there can be no foundation. Although acquisitions made during war are not considered as permanent untilconfirmed by treaty
yet to every commercial and belligerent purpose, they are considered 8;
part of the domain of the coltpueror, so long as he retains the posses-
sion and goveinment of them.
287. Does not transfer sovereignt1~.-Being an incident of mar, military occupation confers upon the invading force the right to exercise control for the period of occupation. It does not transfer the sovereignty to the occupant, but simply the au- thority or power to exercise some of the rights of sovereignty.’ The esercise of these rights results from the established power of the occupallt and is considered legitimate by reason of the necessity for maintaining law and order, indisl~ensnble for both the inhabitants and for the occupying force.2
ILLThe territory of Castinc, by thc conqurst and occupatipn by Great
Britain, passed under the temporary alleginnce and sovereignty of the
British sovereign. The sovereignty of the United States over the terri-
tory was suspended during such occupation, so that the laws of the
United States could not be rightfully enforced there, or be obligatory
u on the inhabitants who remained and submitted to the conquerors.”
&ited States .v. Rice, 4 Wheat., 246; United States v. Hayward, 2 Gallison 485
ZIn the ca’se of Doolev v.United States 182 TJ. S. 222 231 the conrr: said: “In New Orieans v. steamship’^^., 20 s ill., 333, it’ was
105
said with respect to the powers of the military government over the
city’of New Orleans after lts conquest, that it had the same ower and rights in territory held by Conquest as if the territory ha$ belonged
to a foreign country and had been subjugated in a ‘foreign war. In such cases the conquering power has the right to displace the pre-
existinn authority. and to assume to such extent as it mas deem proper
thi~&&ise bv ifself of all the Dowers and functions df rovernment.
cases; save those which are found in the laws-and usages of war.
These principles have the sanction of all publicists who have consid-
ered the subjcct.” See also Fleming v. Page, 9 How., 603; Am. Ins. Co. v. Canter, 1Pet., 611.
288. Distinguished from invasion.-The state of invasion cor- responds with the period of resistance. Invasion is not neces- sarily occupation, altllough it precedes it and may frequently coincide with it. An invader may push rapidly through a largeportion of enemy country without establishing that effective control which is essential to tlie status of occul~ation. He may
send small raiding parties or flying columns, reconnoitering de- tachments, etc., into or through a district where they may be temporarily located and exercise control, yet when they pass on it can not be said that such district is under hie military occu- pation.’
IEarly invaded Maryland in July, 1564, but the country was not occupied.
259. Distinguished fro??% sz~bjzigc~lion conquest.–Snbjuga-
07.

tion and conquest imply the annexation of the property or ier- I-itoiy by the conqueror through the treaty of peace, and with it the sovereignty. blilitary occupation is based upon the fact of ~ossession and is essentially provisional until the conclusion of peace or the annihilatioil of the adversary, when sorereignty passes and military occupation technically ceases.’
IG. 0.Np. 11,H.Q. Army of Virginia, Wash., July 26, 1862, by Gen. Pope, furnishes an example of improper conception of allegiance an&
military occupation. His last paragraph, concerning commnnications, is strictly in accord with the laws and nsages of war. The German conception of her rights of sovereignty over Alsace and Lorraine in that, she made no p~etensjon to absolute sovereignty until after &eir cession by France, is stnctly in accord with the rights of mllltary
occupation. Vide Spalght. War Rights on Land, pp. 329-333.
290. Occzrpa+ioir ~nzcst be effective.-It follows from the defi- nition that military occupation must be both actual and effec- tive; that is, the orgailized resistance must be overcome aucl the forces in possession have taken measures to establish lam and order. It is sufficient that the occupying army can, within a reasonable time, send detachmellts of troops to make its authority felt within the occupied district. .It is immaterial by
RULES OF LAND WARFARE:
107
what methods the authority is exercised, whetlher by fixed gar- risons or flying columns, small or large forces. ,
=Land Warfare Opp. par 344 “Practically, all enemy territory mill
be considered effe&tivel$ ocGpied by .a French army, over which a serv-
ice of supply shall have been established in rear of the army of inva-
sion.” Lieut. Jacomet, Les Lois, p. 69.
291. Preseme of invcsted fort immaterial.-The’existence of a fort or defended area within the occupied district, provided such place is invested, does not render the occupation of the remainder of the district ineffective, nor is the consent of the inhabitants in any manner essential.’
1Land Warfare Opp. par. 345. Citing “That when Alsace mas de-
clared occupied ofi 14td August 1870 the fortresses in that Province
mere still uncaptured, but for the siGges in progress it had ceased to be the theater of active operations.”
292.
Proclanzatiorz of occupation.-In a strict legal sense no proclamation of military occupation is necessary. On account of the special relations established between the inhabitants of the occupied territory and the occupant, by virtue of the presence of the invading force, the fact of military occupation, with the extent of terrritorry affected by the same, should be made known. The practice in this country is to make this fact 1;uown by proclamation.’

293.
Comnzozcenzent of occupnlion.-In the absence of a p~~oc- lamation or similar notice the exact time of commencement of occupatioll may be difficult to fix. The presence of a sufficient force to disarm the inhabitants or enforce submission and the cessatioil of local resistance due to the defeat of the enemy’s forces determine the commencement of occupation?

1 ” The presence of a hostile army proclaims its martial law.” G. 0. 100,1863, art. 1, par. 2.
294. Cessation of occ~~patiolt.-Occupatioll once acquired must
be maintained. In case the occupant evacuates the district or 108 RULES OF LAND WARFARE.
is driven out of the same by the enemy, or by a levee en rnasse, and the legitimate government actually resumes its functions, the occupation ceases. It cjoes not cease, however, if the occu- pant, after establishing his authority, moves forward against the enemy, leaving a smaller force to administer the affairs of the district. Nor does the existence of a rebellion or the opera- tions of guerrilla bands cause it to cease unless the legitimate government is reestablished and the occupant fails to promptly suppress such rebellion or guerrilla operations. Hostile mili- tary occupation ceases on the conclusion of peace.
295. Ad~ninistrationof occupied twritory.-RIilitary govern-ment is the organization through which a belligerent exercises authoritly over the territory of the enemy invaded and occupied by him. The necessity for such government arises from the failure or inability of the legitimate government to exercise its functions on account of the military operations or oc~upation.~
ll’The orwanization through which the authority is exercised in a
region undeTmilitary occupation constitutes the military government.”
Wilson on Int Law H. S par. 143 p. 331.
2 In Dooley ‘.a. U. ‘k.,lsi’ U. S., 252, 230, the court said : ” Upon the
occupation of the country (Porto Rlco) by the military forces of the
United States the authority of the Spanish Government was super-
seded but the necessity for a revenue did not cease. The government
must’be carried on and there was no one left to administer its func-
tions but the milit& forces of the United States.” Cited in Dig. Int.
Law, Dloore, sec. 1145, p. 270, wlth other cases.
ADMINISTRATION OF OCCUPIED TmRITORP.
296.
Duty to restove law and order.-H. R. Art. XLIII. The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and insure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.

297.
Futzctions of government.-All the functions of the hos- tile government-legislative, executive, or administrative-whether of a general, provincial, or local character, cease under military occupation, or continue only with the sanction, or, if deemed necessary, the participatiou of the occupier or invader.’

1G.0. 100, 1863, art. G.
298. A7atu1.e of gavel-n~nent.-It is immaterial whether the gorerilment established over an enemy’s territory be called a military or civil government. Its character is the same and the source of its authority is the same. It is a government imposed
-by force, and the legality of its acts are determined by the
laws of war. During military occupation it may exercise all
the powers given by the laws of war.’
1 See Halleck Int. Law (4th ed.), 2 p. 466. “While a military gov-
ernment continues as an instrument of warfare, used to promote the
RULES OF LAND WARFARE.
109
the court.said: “Whiie his 6ower is hecessarilv demotic. this must be understood rather in an administrative than-in a: legislative sense.* * * His ower to ad-minister would be absolute, but his power to legislate waul$ not be wlthout certaln restrictions-m other words,they would not extend beyond the necessities of the c’ase.”
See also the Admittance Jecker z;. Montgomery 13 How. 498, in which it was held that the’executive power could Got establish a prize
court in Mexico. Also The Grapeshot, 9 Wall 129 133 ; Mltchell v. Harmony, 13 How., 115; Raymond v. Thomas, $1 53.. ‘s., 712.
299. The laws ia force.-The principal object of the occupant is to provide for the security of the invading army and to con- tribute to its support and efficiency and the success of its op-erations. In restoring public order and safety he will continue in force the ordinary civil and criminal laws of the occupied territory which do not conflict with this object. These laws will be administered by the local officials as far as practicable. All crimes not of a military nature and which do not affect the safety of the invading army are left to the jurisdiction of the local courts.’
1The jurisdiction of these local courts is never extended to members of the invading Army.
“A11 civil and penal law shall continue to take its usual course in the enemy’s places and territories under martial law, unl~ss interrupted or stopped by order of the occupying mllitary power. G. 0. 100,
1863 art. 6
D~Wv. johnson, 100 U. S. 158: “An office? of the Brmy of the United States, whilst serving’in the enemy’s country during the re-
bellion, was not liable to an pfltion in the courts of the country for
injuries resulting from bls rnllltnry orders or acts. nor could he be
required by a civil tribunal to justify or explain th&m upon any alle-
gation of the mjured party that they \>ere not justified by military necessity. He was subject to the laws of war and amenable only to hi?, own Government.
When any portion of the insurgent States was in the occupatiou of the United States during rebellion the municipal lams, if not sus-
pended or superseded mere -enerallyr administered there by the ordi-nary tribunals for the benegt and protection of persons not in thp
military servlce. Their continued enforcement mas not for the protec- tion or control of officers or soldiers of the Army.”
300.
Power to $suspend an,d promulgate 1wos.-The military occupant may suspend existing laws and promulgate new ones when the exigencies of the military service demand such action.

301.
Nature of laws suspended.-The occupant will naturally alter or suspend all laws of a political nature as well as po- liiical privileges and all laws which affect the welfare and safety of his command. Of this class are those relating to recruitment in occupied territory, the right of assembly, the right tp bear arms, the right of suffrage, the freedom of the

RULES OF LAND WARFARE.
press, the right to quit or travel freely in occupied territory. Such suspensions should be made known to the inhabitants? See Wilson on Int. Law, IT. S., p. 335 ; Land Warfare, Opp., p. 80.
See Dow v. Johnson above and cases cited.
302. Nature of laws pro?nzllgated.–An occupant may create new laws for the government of a country where none exist? He will pron~ulgate such new lams and regulations as military necessity demands. 111 this class will be included those laws which come into being as a result of military rule; that is, those which establish new crimes and offenses incident to a state of war and are necessary fnr the control of the country and the protection of the army.a
‘Mr. Spaight cites as perhaps the only motlprn case that of Bulgaria in 1877-8 and quotes Prof. De Martens that The Russians were quite unable to comply with the Brussels mle which enjoined respect for local lams and institutions for local laws and institutions there were
none.” War Rights on Land, p. 357. De Martens, La Paix et la Guerre p. 243
Z’J!hd following is extracted from various martial-law regulations of the Japanese in Manchuria.
All laws an3 regulations relatjng to the punishments for acts detri- iuental to the Japanese Army in Korea and Manchu~Sa can not be given here. A11 that can be done is to indicate the principal acts for which punishment can be awarded.
1.
To oppose our land and sea forces, military authorities, or per-sons attached to our army or navy.

2.
To be attached to the enemy and act hostilely against our armywithout being clothed in a regular uniform.

3.
To act as a spy, to conceal a spy, or assist his flight.

4.
To guide cur army badly.

5.
To communicate to the enemy the movement of our land or sea forces.

6.
To spread false news.

7.
To make a noise or utter outcries of a nature to disturb oor land and sea forces.

8.
To publish placards detrimental to our army.

9.
To disturb public order by meetings, assemblies, publication of newspapers, and reviews, posting up placards, and other means.

10.
To aid or facilitate the movements of the enemy.

11.
To wide the enemy.

12.
To inide or assist knowingly the flight of the enemy.

13.
To dclivcr up prisoners of war, hide them, and assist their escape.

14.
To destroy, burn, or steal military stores, military buildings, such

as depots, barracks, arsenals, military stores, etc.
15. To destroy or spoil military stores, arms, and other articles
left on the field of battle by our army or the enemy.
16. To destroy or burn the varlous means of military communica-tion, such as telegraph wires, railways, bridges and highways, canals, etc., and to cause inconvenience to the military postal service.
17.
To destroy, steal, damage or change the position of signals,indicating posts, placards, etc., iendered necessary by military opera- tions.

18.
To prejudice the needs of our army by rendering water not drink-

able or by hiding vehicles, commodities, supplies, and fuel.
19.
To destroy or prevent the working of aqueducts, or to suppressthe electric light.

20.
To coin or alter money, notes, and Japanese military assignats and to make use of them whilst being -aware of their fraudulent char-

acter.
21.
To oppose requisitions in general, such as the lodgment or hiring of coolies or to fail to comply with any requisitions

22.
To ‘prevent by trickery or threat any duty ihposed on individ-uals serving in our army.

23.
To he in possession of arms and militarv stores without an-

thodty.
24. To enter ports, batteries, or other prohibited places without
permission.
25. To infringe the prohibition against entering or remaining in
forbidden radii.
26.
To make trenches in the mountains and hills without authority.

27.
To inspect, sketch, photograph, or make descriptions of views on

land and sea without authority.
28. To plunder articles belonging to the wounded or dead on the field
nf–hnttlo——.
29. To exhume or destroy dead bodies on the field of battle or to
steal articles from them.
30.
To put to death Japanese or allied soldiers.

31.
To assassinate or steal with violence.

32.
To provide opium, to rocure the instruments for smolting it, and

a favorable place to enabL our soldiers, allies, and other persons
attached to the army to make use of it.
33.
To commit any other acts detrimental to the Japanese army.

34.
To disobey orders given by our army.

35. Acts detrimental to our army of which mention is not made above will be punished according to the military, naval, and penal law, or according to the ordinaiy penal code of Japan.
303. Prohibition, as to rights and rights of action.-H. R. Art. XXIII, last par. It is especially forbidden * * * to declare abolished, suspended, or inadmissible in a court of law the rights and rights of action of the nationals of the hostile party.’
‘For rule that debts due from cltlzens’ of one belligerent to thosr of another are not extinguished but suspended during war, see State
of Georgia v. Brailsford (3 Dall., I), Ware v. Hylton (3 Dall., 199,
2S1), Williams v. Bruffy (96 U. S., 176, 186-188), Dig. Int. Law
Moore, sec. 1155.
304. General restrictions &&posed-Conz??zercial relations.- The occupant has the unquestioned right to regulate conlmercial intercourse in occupied territory; i. e., he may prohibit en-tirely or place such restrictions and limitations upon suck inter- course as he consiclers desirable for nlilitary purposes.’
‘Mil. Gov. and Mnrtinl Law Birkhimer (2d ed ) par. 272 et seq. ; Fleming v. Page (9 How., 615) :Land Warfare, 0p’p.; par. 373.
305. Censorsl~ip of press alz& co?’l-espo?~tZclzce.-The military occupant may establish censorship of the press and of tele-graphic and postal correspondence. He may prohibit entirely the publication of newspapers, prescribe regulatioiis for their publication and circulation and especially in unoccupied por- tions of the territory and in neutral couutries. He is not re- quired to furnish facilities for postal service, but may take charge of them himself, especially if the officials of the occu-pied district fail to act or to obey his orders.
IVidc B. S. R., 1914. pnrs. 419432.
RULES OF LAND WARFARE.
306. Mmns of transportation.-The military occupant exer-cises authority over all means of transportation, both public and private within the occupied district, and may seize and utilize the same and regulate their operation.’
1Vide infra pars. 341-343.
307.
Regctlatio~z as to taxes.-H. R. Art. XLVIII. If, in the territory occupied, the occupant collects the taxes, dues, and tolls imposed for the benefit of the State, he shall do so, as far as is possible, in accordance with the rules of assessment and incidence in force, and shall in consequence be bound to defray the expenses of the administration of the occupied territory to the same extent as the legitimate Government was so bonnd.

308.
New taxes not to be levied.-The imposition of taxes being an attribute of sovereignty, no new taxes should be im- posed by the occupant. The occupant may, however, levy con- tributions and requisitions.’

1As to requisitions vide i’nfra pars. 345 et seq. As to contributions
vide pars. 351 et seq.
309. SPAete existit~g ?.ules ?~zc~y due to the
be disr.egavdet1.-If, flight or unwillingness of the local officials, it is impracticablelo follow the rules of incidence and assessment in force, then the total amount of the taxes to be paid may I)e allotted among the districts, towns, etc., and the local authorities be required to collect it as a capitation tax or otherwise.’
1G 0. 101 W. D. 1898. “As the result of military occupation the
taxes’ and duties payable by the inhabitants to the former Government
Become payable to the military occupant, unless he sees flt to substitute
for them other rates or modes of contribution to the expenses of the
Government. The moneys so collected are to be used for the purpose
of paying the expenses of government under .the military occupation,
finch as the salaries of the judges and the pollee, and for the payment
of the expenses of the army.”
310. Xuq-pks mav be used.-The first charge upon the state taxes is for the cost of local maintenance. The ba1:lnce may be used for the purposes of the occupant.’
See note to preceding paragi-aph.
311. What included in taxes, tolls, etc.-The words “for the benefit of the State” were inserted in the article to exclude local dues collected by local authorities. The occupant will supervise the expenditure of such revenue and prevent its hos- tile use.’ ,
1Holland Laws of War on Land, par. 108. Spaight, War Rights on
Land, p. 3%.
EFFECTS OF OCCUPATION ON THE POPULATION.
312. Right to eitforce obedience.-The occupant can demand and enforce from the inhabitants of occupied territory such
obedience as may be necessary for the security of his forces, for the maintenance of law and order, and the proper adminis- tration of the country.
313. Oath of allegiance forbidden.-H. R. Art. XLV. It is for- bidden to compel the inhabitants of occupied territory to swear allegiance to the hostile power.’
=Both the British and Boers required an oath of neutrality. They
als.0 punished those who violated such oaths witl?’terms of imprison-
ment. The necessity for such oath is not read~ly apqarent, exce t
perhaps, as a reminder of his obligations since the inhabitant owes $6
obligations imposed and can be punished for violations of such obliga-
tions under the laws and rules of war. For form of oath required by
Great Britain, vide Spaight, War Rights on Land, p. 372.
314. Must respect persons, religious convictions, etc.-H. R. brt. XLVI. Family honor and rights, the lives of persons,* * * as well as religious convictions and practice, must be respected.’
‘Mr. Spaight, fffter pronouncing this article the ‘Lmaglzacharta of
war law,” says : One Is disheartened when one thinks of requisitions of contributions, of flnes, of reprisals. of houses leveled as a rneasurd. of tactics, of a whole town emptied as a military precaution (as Sher- man emptied Atlanta and Burrows’s brigade emptied Kandahar in 1880)of wide provinces cleared of their habitations and crops, of a thousand instances in which the provisions of Article XLVI have conspicuously not been adhered to in later-day wars. If an invader had to comply strictly wlth its terms, that of itself would bring his invasion to an end. An invader must and does interferq with the lives and property of citizens in many ways ;even their religious worship and the sanctity of their churches or chapels are not secure from the encroachments of the greedy mawed ag ressor the necessity of war. * * * The.fpcCis that thls Article ~LVIdust be rend subject to military necess~tles. One might add such a proviso as to nearly every article as Baron Jomini pointed out at the conference of 1874 but after Gone is the proviso so necessary as after this. So read thk article forbids certain violent acts unless they are demanded by dhe necessity of overcomingthe armed forces of the enemy. Such acts must not be done as a substantive measure of war-they must not be made an end in them- selves but only as a means to the legitimate end of war. that is the destrdction of the other belligerent’s fl hting force.” TVAr ~lghtS on
Land, p. 374-375. Vide pars. 333 and %36 infra.
315. Utvited States rule.4he United States acknowledgeand protect, in hostile countries occupied by them, religion and morality ;the persons of inhabitants, especially those of women; and the sacredness of domestic rel~tions. Offenses to the con- trary shall be rigorously punished.
them-in their hpmes, in -tlieir employments, and-in their personal and
religious rights. (Instructions to Gen. Merritt May 28, 1898.) G. 0.
100, 1863, art. 37, par. 1.
316. Reciprocal obligations of inhabitants.-1n return for such considerate treatment, it is the duty of the inhabitants to
42225″-14-8

114 RULES OF LAND WARFARE.
carry on their ordinary peaceful pursuits, to behave in an ab- solutely peaceful manner, to take no part whatever in the hos- tilities carried on, to refrain from all injurious acts toward the troops or in respect to their operations, and to render strict obedience to the officials of the occupant?
317. Limitation as to services of inhabitanis.-H. R. Art.
LII. Services shall not be demanded from inhabitants except for the needs of the army of occupation. They shall be of such a nature as not to involve the inhabitants in the obliiation of’ taking part in military operations against their own country.
Such services shall only be demanded on the authority of the commander in the locality occupied.
318. General right to repuisitbon seruices.-Services of the in- habitants of occupied territory may be requisitioned for the needs of the Army. These mill include the services of profes- sional men and tradesmen, such as surgeons, carpenters, butch- ers, bakers, etc., employees of gas, electric light, and water works, and of other public utilities, and of sanitary boards in connection with their ordinary vocations. The officials and employees of railways, canals, river or coastwise steamshipcompanies, telegraph, telephone, postal, and similar services. and drivers of transport, wheth&. employed by the State or private companies, may be requidhioned to perform their pro- fessional duties so long as the duties required do not directly concern the operations of war against their own country.’
* Lnnd Warfare, Opp., par. 388. ‘
319.
Cam restore general c~nditions.-The occupant can requi- sition labor to restore the general condition of the public works of the country to that of peace; that is, to repair roads, bridges, railways, and as well to bury the dead and collect the wounded. In short, under the rules of obedience, they may be called upon to perform such work as may be necessary for the ordinary pur- Doses of government, including police and sanitary work.

320.
Can not be force& to constract forts, etc.-The prohibi-tion against forcillg the inhabitants to take part in the opera-

tions of war against their own country precludes requisitioning their services upon works directly promoting the ends of the war, such as construction of forts, fortifications, and entrench- ments; but there is no objection to their being employed volun- tarily, for pay, on this class of work, except the military reason of preventing information concernillg such work from falling into the hands of the enemy?
=The better rule is to pay for all services rendered whenever prac-
ticable to do so, since it avoids antagonizin,g the people against the
occupant and forcing stronger adherence to his own government. Vide
Les Lois,Jacomet, par. 93; Land Warfare, Opp., par. 392.
321.
Can not force fui-nislting infornzation about enenby.-H. R. Art. XLIV. A belligerent is forbidden to force the inhabitants of territory occupied by it to furnish information about the army of the other belligerent, or about its means of defense.

322.
Interpretation of rule.-This article mas reserved byAustria-Hungary, Bulgaria, Montenegro, Russia, Japan, and Roumania, because it was believed that the prohibition was con- trary to the general rule and practice of nations as expressed in

G. 0. 100, 1863, art. 93, that “All armies in the field stand in need of guides, and impress them if they can not obtain them otherwise.” That the impressment of guides was intended to be forbidden by this rule seems evident from the action of the above nations yho reserved it, and as well from the discussions at The Hague.
IS night War Rights on Land 368-371. Les Lois Jacomet,
art. 85. ~bd Opp note h. Hague Conference
Warfare par. ‘3E?#’a)hnd
1907, Actes, Vol. 111, <p. 13g-141. Mr. FIolland places the above ruli
(H.R. XLIV) in square brackets, to indicate that it possesses but little
value. War on Land, art. 104.
323. The practice as to guides.-As to the countries making reservations, the old practice will prevail. Officers of all armies with experience in the field know that guides are absolutely essential to success in practically all military operations in the field in unknown enemy country. Whenever, therefore, guides are in fact essential to success, and, for that reason, a military necessity, the foregoing rule must give way to and be inter- preted as subordinate to such military necessity.’
No invader can be expected to forego the chances of success or im-
peril seriously bis operations against the ehemy by foregoing a well-un-
derstood and well-established practice of armies in the fleld as to the
emplo ment of a few individuals of his enemy as guides. Moreover, he
must ge protected in the use of such guides, because the success of his
operations and the safety of his army are and must be his first consid-
eratlon before which ever thin else qfust give way and be subordi-
nated. and, as said by &r. fiebe? Military government-martial
law-Affects chiefly the police, etc., * * and refers mainly to the
support and ef8ciency of the army its safety, and the safety of its
operations.” a. 0. 100, 1863, art. i0.
RULES Of LAND WARFARE.
OFFICIALS IN OCCUPIED TERRITORY.
324. Oath of officials.-The occupant may require such officials as are continued in their ofices to take an oath to perform their duties conscientiously and not to act to his prejudice. Every such official who declines to take such oath may be expelled; but, whether they do so or not, they owe strict obedience to the occupant1
1G 0. 100, 1663 art. 26, states : “Commanding generals may cause the magistrates and civil omcers of the hostile country, to take the oath of tenaporarv allegoance or an oath of fiilelitu to the~r own victoriotls Go~ernment or rulers and they may expel anyone who declines to do so Such oath is not essential, nqd should not be insisted upon, espe- cially when the form of the oath lmplles allegiance whlch pertains to sovereignty.
325. Retention of oficia1s.-It is to the best interests of the occupant, and more especially to that of the population, that at least some of the civil officials should remain in their offices in order to assist in the maintenance of order, as well as for the safety of the inhabitants themselves and of their property.’
Hague Conferencc, Actes, 1899, p. 148.
326. Municipal oficials should +emain.-Municipal officials, including the judges and magistrates, sanitary and police au-thorities, as well as the staffs of museums, libraries, and all establishments entitled to special protection during hostilities, should remain and be retained in office if consistent with the safety of the-Army. The political officials, as well as railway, postal, telegraph, and telephone officials, mill probably cease work?
1Land Warfare, Opp., par. 395.
327.
Xalaries of oficials.-The salaries of civil officials of the hostile goverment who remain in the invaded territory, and continue the work of their offices, especially those who can prop- erly continue it under the circumstances arising out of the war- such as judges, administrative or police officers, officers of city or communal governments-are paid from the public revenues of the invaded territory, until the military government has reason wholly or partially to dispense with their services. Salaries or incomes connected with purely honorary titles are always sus- pended.’

*G. 0. 100, 1863, art. 39.

328.
Resignation of o&ials.-An official of the hostile govern- ment who has accepted service under the occupant should be permitted to resign and should not be punished for exercising such privilege. Such official should not be forced to exercise his functions against his will.’

lBrussels Conference, p. 243 ; Spaight, War Rights on Land, p. 365.
329.
RemovaF of civil omh1s.-By virlue of his powers of con- trol the occupant is duly empowered to remove officials of every character. He mill on principle remove political officials. Anyofficial considered dangerous to the occupant may be removed, made a prisoner of war, or expelled from the occupied territory.

330.
Punishment of civiZ oficia1s.-Acts of civil officers that are harmful or injurious to the occupant will be dealt with under the laws of war. Other wrongs or crimes committed by ,them will be punished according to the law of the land.

CHAPTERIX.
, TREATMENT OF ENEMY I?ROPERTY.
331.Destructiow and seizure of.-H. R. Art. XXIII, par. (g).
It is especially forbidden * * * to destroy or seize the enemy’s property, unless such destruction or seizure be impera- tively demanded by the necessities of war.
332. General rube as to war right to seize and destroy prop- erty.-The rule is that in war a belligerent can destroy or seize all property of whatever nature, public or private, hostile or neutral, unless such property is specifically protected by some definite law of war, provided such destruction or seizure is imperatively demanded by the necessities of war.’ .
=This right Is recognized by comparison of H R XXIII and XLVI
The only property snfeguardcd is the materiel bf the mobile sanitary
formntions under the Geneva Convention.
For the American rule see G 0 120, 1863, art. 15, ante p?r 12.
The British rule is given’ as foliows : The ‘necessltles of war may
obviously justify not only the seizure of private property but even the
destruction of such property and the devastation of whole districts.”
Spaight, War Rights on Land, p. ??a.
The German rule is as follows: No damage must be done, not even
the most trivial, which is not necessitated by military reasons. Every
damage-the very greatest-is justifiable if war demands It or if it is
a consequence oi the proper carrylng on of war.” Hriegsbrauch, p. 54.
PRIVATE PROPERTY.
333.
iVust be respected.-H. R. XLVI, par. 1. Private prop- erty * * * must be respected.

334.
Devastation.-The measure of permissible devastation is found in the strict necessities of war. As an end in itself, as a separate measure of war, devastation is not sanctioned by the law of war. There must be some reasonably close connection between the destruction of property and the overcoming of the enemy’s army. Thus the rule requiring respect for private property is not violated through damage resulting from opera- tions, movements, or combats of the army; that is, real estate may be utilized for marches, camp sites, construction of trenches, etc. Buildings may be used for shelter for troops, the sick and wounded, for animals, for reconnoissance, cover, defense, etc. Fences, woods, crops, buildings, etc., may be demolished, cut down, and removed to clear a field of fire, to construct bridges, to furnish fuel if imperatively needed for the army.’

=Vide Hall Int. Law (5th ed.) 535; Spaight, War Rights on
Land, p. 112 kt seq.; Dig. Int. ~aw: hoore, sec. 1113.
335. American rule.-This rule (respect for private property,
etc.) does not interfere with the right of the victorious invader 118
ROW ‘ OFT L&ID WAREARE. ,119
to tax the people or their property, to levy forced loans, to billet soldiers, or to appropriate property,’ especially houses, boats or ships, lands, and churches, for temporary and military use.
I C1
1G.0. 100, 1863, art. 37, par. 2.
336. 0onfisoatiolz.-H. R. Art., XLVI, par. 2. Private ,pqop-
erty     can not.be cpnfiscated.’ , =The seizure of enemy property by the United States as prize of war
on land, jure belli, is not,amthorized by the law pf nations and can be
upheld oply by an act of Coneesy United States v. 1,756’~hares Cap-
ita;! Stoclc (5 Blatchf., ‘231) .’
It is no bar to the recovecp of a claim that it was confiscated dur-
ing the rebellion by a Confederate court, because due to a loyal citizen.”
(Stevens v. Griisth 111 U..’ S., 48.)
L” The Government recogmzed to the fullest extent the humane maxiins
of the modern law of nations which exempt private propertjr. of non-
combatant eilemies from capthe as booty of mar.” (U. S. v. Klein,
13,’Wall.. 128, 137 ; Lamar v. Browne, 92 U. S., 194.)
If property be such that it ministers directly to the strength of the
enemy and ~ts possession alone enables him to supply himself with the
munltio?~ of war and to continue the struggle, then it may, be con-
fiscated. (Prize cases, 2 Black, 687.) . .. .-
337. Booty.-All’captures and booty belong, according to the modern law of war, primarily to the Government’of the captor.
Prize money vhether on land or sea can now ‘ody be claimed under local law.’
” The rightful capture of movable property on lind transfers the-title
to the Government of the captor as soon as the capture is completed.”
Yo~ngv. U. S., 97 U. S., 39, 60.
This rule as to property on land has .received very, im ortant
quallficatiops from usage, from the reasoning of enlightened pu%licists and from Judicial decisions. It.may now b4 regarded as substantiallf restricted ‘to special cases dictated by the necessary operation of the war 8ud as excluding in general the seizure of the private property of pacili; Persons for the sake of +in Mrs. Alexander’s Cotton, 2 Wall., 404,
419.     Briggs u. U. S 148 u.’s. 346 355-358. As to abandoned &d capturei proberty act, see Dig. Int. Law, Moore,
sec. 1152.
338. Private gain. by ofices’s an.d soldiers prohibited.-Neither officers nor soldiers are allowed to make use of their position or mower in the hostile countrv for ~’rivate pain. not even for comtnercial transactions otherwise ‘l&gitim~te: offenses to the contrary committed by commissioned officers will be punished with cashiering or such other punishment as the nature of the offense may require; if by soldiers, they shall be punishedaccording to the nature of-the offense.’
G. 0. 100, 1863, art. 46. I
339. Pillage.–R. R. Art. XLVII. Pillage is formally for-
bidden.’ l” Pilla~e was defined b Prof. Holland as ‘ Booty which is not
pelmitted. He refers to tie following oeenses for which the death penalty or any less punishment mag be inflicted when committed by a soldler on active servlce: (1) Leaving his commanding oftlcer to go in search of plunder; (2) committing any offense against the property or
120 RULES OF LAND WARFARE.
person of any inhabitant of or resident in the country in which he is
ser.ving ‘ (3) breaking into any house or other place in search of plunder.”
Via4 ~{ai ht, War Rights on Land, p. 188.
Baron’ fomini remarked in the Brussels Conference 1L There is a kind
of booty which is allowed on the field of battle for iistance that which
consists of horses munitions cannon etc.-it is the booty iained at the
cost of private property whi& the cdmmittee wish to forbid.”
340. Private property can be seized only by way of military necessity for the support or other benefit of the Army or of the occupant. All destruction ofl property not commanded by the authorized officer, all pillage or sacking, even after taking a town or place by assault, are prohibited under the penalty of death, or such other severe punishment as may seem adequate to the gravity of the offense. A soldier, officer, or private, In the act of committing such violence, and disobeying a superior ordering him to abstain from it, may be lawfully killed on the spot by such superior?
1G. 0. 100. 1863, arts. 38 and 44.
341. Private property susceptible of direct military .use.-
H. R. Art. LIII, par. 2. A11 appliances, whether on land, at sea, or in the air, adapted for the transmission of news, or for the transport of persons or things, exclusive of cases governed by naval law, depots of arms, and, generally, all kinds of am-munition of war, may be seized, even if they belong to private individuals, but must be restored and compensation &xed when peace is declared.
342. What included in rule.-The foregoing rule includes everything susceptible of direct military use, such as cables, telephone and telegraph plants, horses, and other draft and riding animals, motors, bicycles, motorcycles, carts, wagons, ear- riages, railways, railway plants, tramways, ships in port, all manner of craft in canals and rivers, balloons, airships, aero-planes, depots of arms, whether military or sporting, and in gen- eral all kinds of war material.’
1 Land Warfare, Opp., par. 415.
343. ~estruction of sucA property-The destruction of the foregoing property and all damage to the same is justifiable if it is required by the exigencies ~f the war.’
Spaight, War Rights on Land, pp. 117 et seq., 410.
344. 8ubmarine cables.-H. R. Art. LIP. Submarine cables connecting an occupied territory with a neutral territory shall not be seized or destroyed except in the case of absolute neces- sity. They must likewise be restored and compensation fixed when peace is made.’
‘The Institute of Int. Law in 1902 agreed to the following rules:
1.
A submarine cable uniting two neutral territories is inviolable.

2.
A cable uniting the territories of two belligerents or of two parts

of the territory of one of the belligerents may be cut anywhere except
in the territorial waters or the neutralized waters of a neutral Btate.
REQUISITIONS.
345. Requisitions.-H, R. Art. LII. Requisitions in kind shall not be demanded from municipalities or inhabitants except for the needs of the army of occupation. They shall be in propor- tion to the resources of the country, and of such a nature as not to involve the inhabitants in the obligation of taking part in military operations against their own country.
Such requisitions shall only be demanded on the authority of the commander in the locality occupied.
Contributions in kind shall as far as possible be paid for in cash; if not, a receipt shall be given and the payment of the amount due shall be made as soon as possible.’
IFor form of requisition receipt see Appendix, this chapter.
346. What may be requisitioned.-Practically everything may be requisitioned under this article that is necessary for the maintenance of the Army and not of direct military use, such as fuel and food supplies, clothing, wine, tobacco, printing presses, type, etc., leather, cloth, etc.’ Bilieting of troops for quarters and subsistence is also authorized.
1Mr Soaieht savs that “oracticallv evervthinr under the sun ” may
t l’R~dsitiobs are ,rice or lodgment of troops or discharge-of fatigue duties works of trans ort and organiza- tion oi serviren for the trnnsmission tof messages. bit is necessary to ;eqiisition &ith&fiot-here enumerated tEe sanction of the com-mander in chlef must be obtained.” ~ajahashi, pp. 155-160. For articles and services that ms;y be requisltloned.under French law sec
Bonfils, p. 702 par. 1211: Subject to the .right of requisition’ are all objects andleverything the providing of whlch 1s necessitated by the military Interest of the occupant when even the local legislation would not permit requisition to the national government. Such is the prin- ciple. (Compare art. 52 Hague Rules.) Here are the cases of appli- cation. Purveyance cai be demanded for the following: Lodging in the house of the inhabita9t and cantonment for the men and horses, mules, and cattle, in av,ailable places, as also necessary buildings for the oersonnel and materiel of servlce of any kind and belonging to the arm?. Subsistence for officers and men iodged with the inhabitant according to the custom of the country. Provisions and fuel for th6 army, forage for horses, mules, and cattle, and bed straw for troops
RULES OF LAND WARFARE.
encamped or lodged in huts. Teams and means of transportation of every kind, Including the personnel. Boats or small craft found on streams rivers lakes or canals. hfills and balreries. Materials, tools machinkv. and eauidments necessary for the construction and repail: of roads.”‘ Treatment of the sick and wounded in the house of the resident. Clothing articles of equipment camping equipage horse fnrnfture. heddink Drues. medicines. Lnd first-aid al-ticlds. See
French iiws and aecrees on military requisitions.”
a As to billeting of troops, see 111amendment to the Const. U. S. and
F. S. R., 1914, par. 241.
347. &Iet7~o(l of 7.eyuisitioning.-Requisitions must be made under the authority of the commander in tlie locality? No pre scribed method is fixed, but if practicable requisitions should be acconlplished through the local authorities by systematic col- lection in bulk. They may be made direct by detachments if local authorities fail for any reason.’ Billeting may be resorted to if deemed advisabks
=Note that it differs from the rule as to contributions, which require
the order of the commander in chief. It is not necessary to actually
show the order of the commander. Vide par. 352, par. 1, infra.
2It is generally recognized by all States that the assistance of local authorities is advisable, since in addition to, the avoidance of contact
w~th troops and inhabitants, the more even d~stribution of snppl~es fur- nished by the lnhabltants is secured. The direct method was resyted to in the Civil War, and especially by Gen. Sherman, because the collntry was sparsely settled, with no magistrates or civil authorities who could respond to requisitions as is done in all wars in Enrope. sd that this system of foraging was) indispensable to our success.” idem-
oirs, Vol. 11, p. 183.
lu case the direct method (foraging) is resorted to, it is the prac- tice of all countr~es to send a commissioned officer in charge of the
detachment. F S R. 1934 par. 290.
“ubsisting irodps by bilieting can ~enerally be resorted to only in case of small commands or when troo~g are scattered. 17. S. R., 1914,par. 241.
348. Tl~ea?nozh?zt taken.-The expression “needs of ,;he army” was adopted rather than “necessities of the war as more favorable to the inhabitants, but the commander is not thereby limited to the absolute needs of tlie troops actually present.’ The object was to avoid reducing the population to starvati~n.~
It was stated in The Hague Co~vention that “occupied territory is
not to be systematically exhausted Actes Vol. 111 p. 149.
2The practice in the British Aimy is td leave th’ree days’ sup lies with residents of municipalities and one week’s supply with the ln!ab- itants of farms and o~tlying~~district. F. S. R., Part 11, p. 63. The Japanese were instructed to take into a:Yoxmt the competence of the inhabitants to supply what was demanded. Takahashi, p. 159.
349. Fixing prices.-The prices of articles requisitioned to be paid for, can and should be fixed by the commander. The prices of comnlodities on sale may also be regulated and limits placed on the hours and places of trading. All authorities agree that it is good policy to pay cash if possible and to take up receipts as soon as possible?
IF. S. R. 1914 par. 290. See also Land Warfare, 0 art. 421
Epaight, Wa; nights on Land, p. 407. The Japanese in 196dP$rescribed ‘:
5th. The prlce of each commodity should be strlctly reasonable, and
whoever demands intentionally an exorbitant price or commits an act of
fraud shall be punished.” Ariga, p. 457;’ In the’ Chinese War the rule
mas that reouisitions shall he naid for at a rate deemed a~~rooriate. though not necessarily so ldri<as6 ob~aintheconsent of, Id? iwners
of the requisitioned articles.” Takahashi p. 159. The British in South
Africa stopped cash ~ayments and mad; receipts non negotiable, but
payable at-the end of-tlie war.
3Ei0. Yethod op enforcing.-If cash is paid coercion will sel- dom be necessary. The coercive measures adopted will be limited to the amount and kind necessary to secure the articles requisitioned.’
1The practice of the Germans in the War of 1570-1 was “to increase fhe amount demanded if it were not immediately forthcoming, and then,
I$ the inhab~tants still proved racalcitrant, to bombard nnd burn .the village. Often hostages were taken to secure lev~es in mone or kind. At Nap29 a threat to shoot ‘fertain workmen was made, bug not exe-cuted. Mr Spaiaht says: It is the experience of history that an occupant caxi usna?ly seize in land war what he wants and if he can not the threat of either c;rrying off thd prominent citiedns as prisoners of kar (hostages) or of burnin-down a few houses usually suffices to bring the people to terms.” W& Rights on Land, p. 407. Vide, as to bombardment of undefended towns, etc., in naval warfare, Hague Con.,
IX, Art. 111, 1907. CONTRIBUTIONS.
351.
Contvibutions.-H, R. Art. XLIX. If, in addition to the taxes mentioned in the above article (XLVIII), the occupant levies other money contributions in the occupied territory, this shall only be for the needs of the army or of the administration of the territory in question.

352.
Method of levuing contributions.-H. R. Art. LI. No contribution shall be ,collected except under a written order, and on the responsibility of a commander in chief.

The collection of the said contribution shall only be effected as far as possible in accordance with the rules of assessment and
incidence of the taxes in force.’
For every contribution a receipt shall be given to the con-tributor. Vide par. 309, supra.
353. Penalty for ilzdividual acts of in7babitants.-H. R. Art.
L. No general penalty, pecuniary or otherwise, shall be in-flicted upon the population on account of acts of individuals for which they can not be regarded as jointly and severally re-sponsible.
354. Collective pzmisl~ments authorixed.-Collective punish-ments may be inflicted for such offenses as the community has committed or permitted to be committed. Such offenses are not necessarily limited to violations of the laws of war. Anybreach of the occupant’s proclamations or martial-law regula- tions may be punished collectively. For instance, a town or village may be held collectively responsible for damage done
124
to railways, telegraphs, roads, and bridges in the vicinity.’ The most frequent form of collective punishment consists in fines.’
oes not Dreludae the auestion of re~risals. as to which
REAL PROPERTY OF A STATE.
355. Occzcpnnt the administrator and ~csufinhctuary of.-R. R. Art. LV. The occupying State shall be regarded as admin-istrator and usufructuary of public buildings, real estate, for- ests, ‘and agricultural estates belonging to the hostile State, and situated in the occupied territory. It must safeguard the capital of these properties: and administer them in accordance with the rules of usufruct.
1Thefollowing tableis takenfrom Spaight, War Rights on Land, p. 418:
“Tabular statement showing the treatment of property inan occupied cmntry.
Property may be either:
I. Confiscable, when it becomes the property of the occupant outright, no indem- nity or compensation being due (C).
11. Not confiscable, but sub’ect to sequestration by the.occupant, who must, how-
ever return the property stthe peace or ay compensation (s).II~.Neither confiscable nor sequestrafle, but subject to be requisitioned (for
barracks or billets, e. g., services or supplies) (R).
IV. Subject t? usufruct, i. e., it may be exploited by the occupant, who must
not, however, ahenate, damage, or destroy the substance (U).
CLASSIFICATION OF PROPERTY UNDER THE ABOVE HEADINGS.

Public Private
Nature of the property. property. property
I I
Movables:
(1)
Money notes realizable securities.. ……………….

(2)
War &atonal!-depots of arms uniforms army stores

and, generally speaking, pro5erty dire&
to war adaptabl;
e

………………………………………..

(3) Railway material, telegraphs shore ends of cables,
xvagons horses motorcars ahships boats, and other
means df transit and comdunicatiok.. …………

(4) Movable property not directly adaptable to warlike
purposes.. ……………………………………

Immovables:
(1)
Institutions devoted to religion,a charity, education,

(2)
Other bmldings, lands, forests, and agricultural under-

arts, and sciences ………………………………

t2hgs.. ……………………………-…..–.-.

The property of communes-e. g. “town halls waterworks,
gas works olice stations>> (~ofiand, Laws dd Customs of

~ar,p.4bf ………………………………………..

Shore ends of submarine cables connected with a neutral
country ………………………………………….-…-

‘Whether State-owned railway rolling stock is to be retained bY
captor or restored should be specially settled in the treaty of peace.
2 Includes churches, temples, mosques, synagogues, etc., without any distinction as to the nature of the religious cult (Hague I. B. B., p.1521.
As to neutral property in an occupied country, see chapter XV.
N. B.-Imperative military necessity may justify the destruction of any of the above kinds of property.”
356. WhaZ occupant nzav do wit], szcch property.–The occu-pant does not have the absolute right of disposal or sale of enemy’s real property. As administrator or usufructuary he should not exercise his rights in such wasteful and negligent manner as to seriously impair its value. He may, however lease or utilize public lands or buildings, sell the crops, cut and sell timber, and work the mines. A lease or contract should not extend beyond the conclusion of the war.’
1Land Warfare Opp par. 427. Spaight War Rights on Land 416. Tpe rules of usufruct ‘bf the invaded territory should be appliej’espe- cially as to forests, which should not be treated in a barbarous manner.
357. Etate real propertu susceptible of direct military use.- Real property of a State which is of direct military use,-such as forts, arsenals, dockyards, magazines, barracks, railways, canals, bridges, piers, wharves, remain in the hands of the oecupallt until the close of the war, and may be destroyed or damaged, if deemed necessary, in military operations.’
=Rules adopted by the Japanese upon the occupation of Dalny-Ariga, pp. 354-355.
I. PUBLIC
PROPERTY OF THB ENEMY.
A. LANDED PROPERTIES.
(a) The buildings, grounds, and other real estate belonging to the Government will be utilized by our army or will be a source of revenue to it. The army will destroy them only in extreme necessity of war.
Outside of this-case, it must manage then as a usufruct and never
claim the nronertv fnr itself However. the ordnance deoots. teleera~h. and telephbne’ es<ab%shments will be seized –
(b)The landed estates of the city of Dalny, and the establishments devoted to public worship. charity. fine arts, and sciences will be pro- tected and considered as-private properties.
B. PERSONAL PROPl3RTIES.
(a)All moneys securities, arms munitions railroad material, wagons horses ves’sels, provisions, clhng, and ill objects fit for use
in war ‘mill be ‘seized.
(b) he roperties belongin to the city of Dalqy and institutions of
public worsgip, charity, educatfon, fine arts and sciences, will be treated
as private properties.
11. Pnrva~n PnoP~n~y.
A. REAL PROPERTY.
(a) Only grounds, buildings, or real properties, the owners of which
have left without intrusting them to administrators, can be tempo-
rarily occupied by our army.
(b) Common landed property will be placed for our use by way of
reauest nnlv
–>——-“.
B. PERSONAL PROPERTY.
(a) Only railroad material, vessels, arms, munitions, horses, stores.
clothinp. and all articleg that can be used directlv in war will be aDoro-
* –
priated;
(b) Other private propertles shall be turned to account of our army
by right of taxation, contribution, or requisitlon only.
WLES OF LAND WARFARE.
When it is not clear whether property is pkbllc or private, it will be
temporarily regarded as public pro erty upon condition that the
ci~le of private property is applierf to it if, subsequently, the pre%
EDMARKS.
1. As the administration of the Railway Co. of Eastern China may
be considered as a State undertaking everything owned by it or con-
nected with its working will be consi’dered and treated as property of the State.
2. As the greater part of the property of the town of Dalny is so situated that it is impossible to ascertain definite1 the ownership espe-cially after the destructive acts of the Bussic~ns The illnge and hevas-
tation of marauding bands and of the Chinese ‘inhabftants themselves,
no provision can be made with respect thereto. That to which the
owners can prove their right by iucontestable evidence will be treated
according to the principles of international law.
3. Private property seized will he restored and the question of indem- nity settled when peace is rccstablished. For every article of privateproperty s’eized by the army, a certificate Will, as soon as possible, be furnished.
4. When our army mal;es use of property the ownershi of which is
not certain, the designatlo* of these articles, their numger, and any
information as to the place where they were found, etc., will, as far as possible, be recorded.
358. Propel ty of 1rl7c??icipalities, etc.-H. R. Art. LVI. The property of mn~:icipalities, that of institutions dedicated to religion, charity and education, the arts and sciences, even when State property, shall be treated as private property.
All seizure of, destruction or willful damage done to institu- tions of this character, historic monuments, works of art, science, is forbidden, and should be made the subject of legal proceedings.
359. Aut7~orixed tl-eatnzent of.-The property included in the foregoing rule nlny be utilizcci in case of necessity for quar-tering the troops, the sick and wounded, horses, stores, etc., and generally as prescribed for privaLe property.’ Such property must, however, be sechred against all avoidable injury, even when located in fortified places which are subject to seizure or bombardment.’
1Vide ante pars. 333-335.
2 Vide ante ars. 225-228.” Sieges and bombardmeqts.

G. 0. 100, 1863,art. 36 : Classical works of art, libraries, scientific collections, or precious instruments, such as astronomical telescopes. as well as hospitals, must be secured against all avoidable injury, even when ;vey are contained in fortified places whilst besieged or bom-barded.
360. Public movable propert~.-H. R. Art. LIII, par. 1. An army of occupation can only take possession of cash, funds, and realizable securities which are strictly the property of the State, depots of arms, means of transport, stores and supplies, and, generally, all movable property belonging to the State which may be used for military operations.’
On January 23 1898 the firm of Smith Bell & Co. of Manila (bankers). were rehuired’to pay to the military authoritiks $100,000
for a draft for that amount drawn in favor of one Mariano Trias, who was the custodian of the funds, or treasurer, of the Philippine In-surgents. The original draft which was not in the possession of the United States authoritles pasked through several hands and was finally located in the possession’of a certain Filipino, who was warned that if he attempted to collect the amount, or to let same out of his possession,
his house and lands would be confiscated to the United States.
The aetion of the military authorities was sustained. Vide Magoon’s reports, p. 261.
,361.Two ctarsses of nzoz;able propertg of mw.-All movable property belonging to the State directly susceptible of military use may be taken possession of as booty and utilized for the benefit of the invader’s Gove~mment. Other movable property. not directly susceptible of military use, must be respected and can not be appropriated.’
It is usual to accord protection to Crown pictures, jewels, collections of art and archives but pa ers connected with the war may be secured, even if they pertair; to arcgives. Land Warfare, Opp., par. 431.
362. Property of unknown owners1~ip.-Where the ownership of property is unknown-that is, where there is any doubt as to whether it is public or private, as frequently happens-it should be tr$ated as public property until ownership is defi- nitelv settled.
lThe application of this rule viill avoid fraudulent transfer of title
of public property to private individuals. Land Warfare, Opp., par. 432.
–
1

I
I
–

128
RULES OF %AND WARFARE.
The following blanlrs were prepared’ in the office of the Quartermaster’s Corps for use of officers in making requisitions. They are issued in triplicating books so arranged that one copy can be sent to proper headquarters, one copy given to the party from whom articles are requisitioned, and one copyretained. [Field Form No. -.] Not negotiable. Receipt for supplies in enemy’s country, Receiveti from ………………………………..:……………………….
P. 0. hddress ……………………………………………………………
Date ……………….. 19…

Quantity.1 Unit. / Article. 1 Condition.
I certify that I have received the above stores. That 1 have (have not) paid for
same and that they will be taken up and accounted for on my ………………..
………………for …………………………………………….. 19.. …
………………………………………………
………………,Quartermaster.
Station: …………………………………………………………………
…….> …………………………………………………………………

(Signature of person furnishing supplies.) Authority ………………………………………………………………. Under Art. 52, Hague Convention October 18,1907, respecting laws and customs of war on land. 32 Stats., Part 2, Page 1823. Instructions to holder. This receipt should be delivered to
…………………………………………………………………………

(Name of disbursing officer..) at ………………………………………………………………………
(Address of disbursing omcer.)
within 30 days of its date.
The holder will request a certscata of acknowledgment at the time of turningin this receipt, which 1s ?tended to safeguard hisInterests in case of loss of thisreceiptwhile intransit or durme adiilstment
….-. –
The holder is &ormy8 t&thisFeceipt will be examined and inquired intoand that he may be required to present satisfactory evidence as to his title, etc., to the
~.
property taken before payment is made.
No Davment can be made under anv circumstances whatever until this recei~t has been-turned in.
PENALTIES FOR VIOLATIONS OF THE LAWS OB WAR.
363. Violations by beUigerent party.-H. C’on. IV,Art. 111. A belligerent party which violates the provisions of the said reg- ulations shall, if the case demands, be liable to pay compensa- tion. It shall be responsible for all acts committed by persons forming part of its armed forces.’
See also Hague Con., IV, Art. I; H. R., Art. LVI, par. 2; and ~ei.
Con., art. 28.
364. Penalties for Xtates.-From the inherent nature of war as a last remedy of States, and from the nature of governments themselves, no penalties can be directed against the State itself, although certain practical measures are recognized in international law for securing the legitimate conduct of war by belligerents which will be considered under the following heads :
(a) Public complaints; (b) punishment of individuals; (o) reprisals or retaliation ; and (d) taking hostages.
(A) COMPLAINTS.
365. CompZccints.-(1) Complaints through the public, and especially foreign, press have force solely through the forma- tion of adverse public opinion, which no nation at war can afford to disregard.
(2) Complaints sent through neutral States-the only channel
of diplomatic intercourse-may result in mediation or goodoffices, or intervention.’ Ariga, p. 253.
(3) Complaints sent direct by parlementaires made use of between commanders of belligerent forces produce results in the future avoidance of acts complained of or in the punishment of ogenders for violations of the laws of war.a
2 Ariga, p. 286.
(B) PUNISHMENTOF INDIVIDUAI,~.
WAR CRIMES.
366. Offenses committed by armed foiaces.-The principaloffenses of this class are: Making use of poisoned and other- wise forbidden arms and ammunition; killing of the wounded; refusal of quarter; treacherous request for quarter ; maltreat-
42225″-14-9 129
RULES OF LAND WARFARE.
ment of dead bodies on the battle field; ill treatment of prison- ers of war; breach of parole by prisoncrs of war; firing on undefended localities; abuse of the flag of truce; firing on the flag of truce; abuse of the Red Cross flag and enlblem; and other violations of the Geneva Convention; use of civilian clothing by troops to conceal their military character during battle; bombardment of hospitals and other privileged build-ings, improper use of privileged buildings for military pqrwses; poisoning of wells and streams; pillage and purposeless destruc- tion ;ill-treatment of inhabitants in occupied territory.’ Indi-viduals of the armed forces will not be l~unished for these offenses in case they are committed under the orders or sanction of their government or commanders. The colllnlanders ordering the commission of such acts, or under whose authority they are committed by their troops, may be punished by the belligerent into whose I~ands they may fall.
=Land Warfare, Opp., par. 118.
367. Effect of disreggrd of war law by entire corps.-When an entire corps, or body of troops, systen~nticnlly disregards the laws of war, e. g., by refusal of quarter, any individuals belong- ing to it who are talren prisoners may be treated as implicated in the offense?
1 Laws of War on Land, IIollacd, par. 118.
365. Reffcsal of quartw.-All troops of the enemy. known or discovered to give no quarter in general, or to any portioli of the army, receive none.’
1G 0. 100 186.7, art. 62: ” Quarte? havine bccn +-en to an enemyby a’merican’ troops under a misapprehensi& of 6s true character he may nevertheled be ordered lo suffer death if within three day:
after tde b?;tle, it be’ discovered that he belongs to h corps which gires
no quarter. G.0 100, 1863, Art. GG. Vide par. 183, supra.
369.
Hostilities com?~zitted by individzcals not of armed forces.-Persons who take up arnls and commit hostilities with- out having complied ~vitli the conditions prescribed for secur-ing the privileges of belligerents, are, when captured by the enemy, liable to punishment for such hostile acts as war criminals.

370.
War rebels.–War rebels are persons within :in occupied territory who rise in arms against the occupying or conquerinq army, or against the authorities established by the same. If captured, they may suffer death, whether they rise singly, in small or large bands, and whether called upon to do so by their own, but expelled government or not. They are not prisoners of war; nor are they, if discovered and secured before their conspiracy has matured to an actual rising or armed violence.’

‘G. 0. 100, 1863, art. GB.
371. Highway robbers amd pirates of war.–Men, or squads of men, who commit hostilities, whether by fighting, or by inroads
RULES OF LAND WARFARE.
for destruction or plunder, or by raids of any kind, without commission, without being part and portion of the organized hostile army, and without sharing continuously in the war, but who do so with intermitting returns to their homes and avoca- tions, or with the occasional assumption of the semblance of peacefuI pursuits, divesting themselves of the charaeter or ap- pearance of soldiers-such men, or squads of men, are not pub- lic enemies, and, therefore, if captured, are not entitled to the privileges of prisoners of war, but shall be treated summarily as highway robbers and pirates?
1G.0.100, 1863, art. 82.
372. Acts punished as war treaso?~.-Some of the principal acts punished as treasonable by belligerents in invaded terri- tory, when committed by the inhabitants, are espionage, supply- ing information to’ the enemy, damage to railways, war mate- rial, telegraphs, or other means of communication; aidingprisoners of war to escape; conspiracy against the armed forces of the enemy or members thereof; intentional misleading of troops while acting as guides; voluntary assistance to the enemy by giving money or serving as guides; inducing soldiers to serve as spies, to desert, or to surrender; bribing soldiers in the interest of the enemy; damage or alteration to militarynotices and signposts in the interests of the enemy; fouling sources of water supply and concealing animals, vehicles, sup- plies, and fuel in the interest of the enemy; knowingly aiding the advance or retirement of the enemy ;circulating proclama- tions in the interests of the enemy.’
Land Warfare, Opp., par. 445.
373. Armed prowlers.-Armed prowlers, by n~halever names they may be called, or persons of the enemy’s territory, who steal within the lilies of the hostile army for the purpose of robbing, killing, or of destroying bridges, roads, or canals, or of robbing or destroying the mail, or of cutting the telegraph wires, are not entitled lo the privileges of the prisoner of war.’
G. 0.100, 1863, art. 84.

374. Marauders.-Marauders are individuals, either civilians or soldiers, who have left their corps, and who follow armies or, the march or appear on battlefields, either singly or in bands, in quest of booty, and rob, maltreat, or murder stragglers and wounded, and pillage the dead. , Their acts are considered acts of illegitimate warfare, and lthe punishment is imposed in the interest of either belligerent.
RULES OF LAND WARFARE.
the modern and metaphysical sense of the word as now sometimes used in common speech, the word seems to be applikd to a class of persons who are not a aart of any regular army, and are not answerable to
any militarv disdaHne. but who are mere lawless banditti. engaged In rohbery, murder, dnd all conceivable crimes.” See pars. 112 and 171.
375. Other crinzes.–There are many other crilnes or offenses which are the result of war and which a belligerent may forbid and punish in the maintenance of order and the safety of his army, such as evasion of Censorship regulations; making.false claims for damage ; making false accusations against the troops ; furnishing liquor to soldiers; being in possession of animals, stores, or supplies pertaining to the army, and, generally, neglect and disobedience of orders of the Government, including police and sanitary regulations. All such crimes should be defined and the liability to punishment therefor made known to the inhabitants.’
Land Warfare, Opp., par. 446. See also note 2 to par. 302, supra.
376. Trials.-In every case trial of individuals before military or other courts designated by the belligerent should precede pun- ishment.’
IHague Conference, 1800, p. 146.
377. Punis1~rnents.-All war crimes are subject to the death penalty, although the fact of trial indicates that a lesser penalty may be pronounced. The punishnlent should be deterrent, and in imposing a sentence of imprisollment it is not necessary to take into consideration the end of the war, which fact does ngt necessarily limit the imprisonment imposed. Ally other con-struction of this would result in belligerents imposing the es-treme penalty of death in all cases.’
Land Warfare, Opp., pars. 450-451.
378. Crimes pucishable by all penal codes, such as arson, murder, maiming, assaults, highway robbery, theft, burglary, fraud, forgery, and rape, if committed by an American soldier in a hostile country against its inhabitants, are not only punishable as at home, but in all cases in which death is not inflicted, the severer punishment shall be preferred.’
“. 0. 100, 1863,art. 47. See also A. W. 5E
( C) REPRISALS.
379. Reprisals.-Reprisals are acts of retaliation, resorted to by one belligerent against the enemy individuals or property for illegal acts of warfare committed by the other belligerent, for the purpose of enforcing fyture compliance with the recognized rules of civilized warfare.
The following rules mere adopted at the Inst. of Int. Law at Oxford, arf?. 85 and 86:
Reprisals are formally forbidden in all cases in which the wrongcomplained of has been redressed.
RULES OF LAND_WARFARE.
L,
“In the grave cases in which reprisals appear to be an imperfous
necessity, the manner of inflicting them, and their extent, must not be
disproportioned to the infraction committed by the enemy.
They can Only be inflicted under the authority of the commander in ‘;hie£.
They must in all cases take account of the laws of humanity and
morality.”
380. Retaliation. ‘Ln.dispmabZe.-The law of war can no more wholly dispense with retaliation than can the law of nations, of which it is a branch. Yet civilized nations acknowledge re- taliation as the sternest feature of war. A reckless enemy often leaves to his opponent no other means of securing him- self against the repetition of barbarous outrage?
G. 0. 100, 1863, art. 27.
381. Retaliation. not resorted to for revenge.-Retaliation will, therefore, never be -resorted to as a measure of mere revenge, but only as a means of protective retribution, and, moreover, cautiously and unavoidably; that is to Say, retaliation shall only be resorted to after careful inquiry into the real occur-rence, and the character of the rnisdeeds that may demand retri- bution. Unjust or inconsiderate retaliation removes the bel- ligerents farther and farther from the mitigating rules of regu- lar war, and by 5apid steps leads them nearer to the internecine wars of savages.
IG. 0.100, 1863, art. 28.
382.
Who mav commit the illegal acts causing reprisals.-The illegal ~cts of warfare may be committed by a government, by its military’ commanders, or by a community or individuals thereof whom it is inlpossible to apprehend, try, and punish.

383.
Subjects of retaliatio&.-All prisoners of war are liable to the infliction of retaliatory measures.’ Persons guilty of no offense whatever may be punished as retaliation for the guilty acts of others.

IG. 0. 100, 1863, art. 59, par. 2.
384. Who may resort to reta1iatiolz.-Reprisals should never be resorted to by individual soldiers but solely under the direct orders of a commander?
Land Warfare, Opp., par. 455.
385. Procedure.-The rule requiring careful inquiry into the real occurrence will always be followed unless the safety of the troops requires immediate drastic action and the persons who actually committed the offense can not be ascertained?
ISee par. 381, ante. Spaight, War Rights on Land, p. 469′; Opp.,
Land Warfare, par. 456.
386. Form of reprisal.-The acts resorted to as reprisal need not conform to those complained of by the injured party, but
RULES OF LAND WARFARE.
should not be excessive or exceed the degree of violence com- mitted by the enemy. Villages or houses, etc., may be burned for acts of hostility committed from them where the guilty in- dividuals can not be identified, tried, and punished. Collective punishments may be inflicted either in form of fine or otherwise.’
See note ‘2 par. 354 su ra. Also S ai ht, War Rights on Land,.
p. 464-465;~indwarfake, 8pp., par. 458 %he Germans in 1870-1 by way of reprisals for hostile acts committed by inhabitants on troops convoys, etc., exacted Bnes or burned buildings. At Chammes thi Casino was burned. The village of Fontenay was burned and a fine of 10,000,000francs levied on account of the destruction of the railroad
bridge near the village with the connivance of the inhabitants.
(D) HOSTAGES.
387. Hostages.-Hostages have been taken in recent wars for the following purposes: (1)To insure proper treatment of
wounded and sick when left behind in hostile localities; (2) to protect the lives of prisoners of war and railroad officials who have fallen into the hands of irregular troops or whose lives have been threatened; (3) to protect lines of communication by placing them on engines of trains in occupied territory; (4) to insure compliance with requisitions, contributions, etc. When a hostage is accepted he is treated as a prisoner of war?
=German p~actice: F: S. R., p. 143. “It is n good plan to make
each locality in the neighborhood of a telegraph or tele hone line re-
sponsible, under heavy penalties, for the preservation OFa particular
section.” In 1870 in France the Ge~mans directed that all trains in Alsace and other occupied districts be accom anied by inhabitants who are
well known and generally respected antfwho shall be placed upon the locomotive, so that it ma be made’ known that every accident caused by the hostipy of the ingabitants will, in the flrst place, injure their
countrymen.
The same practice prevailed in South Africa under proclamation of Lord Roberts of June 16 1900 although this roclamation was sub-sequently repealed. In tie war’ of 1861-1866 8en. Sherman caused a
suspected place to be tested by drawing a cahoad of prisoners, or of
citizens implicated, over it by a long rope. See McClellan’s Own Story
pp. 326-327. Sheridan Memoirs, Pol. I, pp. 380-381. Grant’s ~emoirs:
p. 558.
The ~krmans in 1870-1 took hostages at Chatillon for the safety of 200 prisoners in the hands of Garibaldi who had threatened to kill them and at Remiremont for some railway officials who had been
carri2.d off. Spaight War Rights on Land pp. 466 et seq. Vide requisitions, ‘supra, par. 350,and iote.
NEUTRALITY.
38s. Defi?ution.-Neutrality on the part of a State not a partyto the war, consists in refraining from all participation in the war, and in exercising absolute impartiality in greventing, tol- erating, and regulating certain acts on its own part, by its sub- jects and by the belligerents. It is the duty of belli$erentS to respect the territory and rights of the neutral States.
1 The written law on the subject of neutrality in regard to land war-
fa;e is found in conventions 111 and V pf The .Hague of 1907.
Phe purpose and effect of the rules lald down at The Hague in con-
vention V were (1)to define more clearly the rights and duties of neutral
powers in war on land and ,defining their positions with regard to the
belligerents ; and (2) definlng the term neutral and the position of
neutral indMduaIs in their relations with the belligerents.
389. Notification of state of war and effect upon neutrals.-H. Con. 111, Art. 11. The existence of a state of war must be notified to the neutral powers without delay, and shall not take effect with regard to them until after the receipt of a notifica-tion, which may, however, be given by telegraph, Neutral powers, nevertl~less, can not rely on the absence of notification if it is clearly established that they were in fact aware of the existence of a state of war.”
1 Vide par. 21, supra.
390. Inviolability of territory.-H. C. V, Art. I. The ter-
ritory of neutral powers is inviolable.’ 1 It is a principle of the law of nations that no belligerent can dght-
fully make use of the territory of a neutral State for belligerent
goses without the consent of the neutral Government. 7 Opp. Att. 8:;
67, Cushing.
391.
ikIo2;ements of troops md conuoys of supplies.–H. C. V, Art. 11. Belligerents are forbidden to move troops or convoys of either munitions of war or supplies across the territory of a neutral power.

392.
hTeutra1 cam resist .violations of lzeutrality by force.-

H. C. V, Art. X. The fact of a neutral power resisting, even by force, attempts to violate its neutrality can not be regarded as a hostile act.
393. Patrollilzg. the frontier.-It is quite usual, frequently nec-essary, and therefore the duty of a neutral power whose terri-
135
RULES OF LAND WARFARE.
tory is adjacent to a theater of war, to mobilize a portion of its
forces to enforce its neutrality along the frontier. That is to
prevent troops of either belligerent to enter its territory, to in-
tern such as may be permitted to enter, and generally to enforce
its neutrality duties?
gum and Switzerland mobilized trdops on their frontiers to prevent
violations of their neutralitv bv the bellieerents Qermanv romolain~d
frontier ha2 been atrolled along the Mexicah border and we now have
a large number of Federal troops interned at El Paso. They crossed
the border at or near Ojinaga.
394. Effect of failure in preventing belzigerent troops violating 18eutrality.-Should the neutral State be unable, or fail for any reasons, to re vent violations of its neutralitv bv the troo~s of one, belligerent entering or passing through- its territory, the other belligerent may be justified in attacking the enemy forces on this territory.’
*In August, 1870 Vqn,,Moltke issued orders to the Third, and N~use
armies directing that. Should the enemy pass over lnto Belnum
withodt being at once disarmed he is to be pursued thither without
delay.” Ger. Off. EL!st., pt. 1,~bl.11, Appendix 42.
i In the South Ahican War a Boer commando retreated into Swazl-
land (understood ~tnd agreed to be neutral), where it was followed and
attacked by a British column in March, 1901. Times Hist., Vol. V,
p. 177.
In the Russo-Japanese War Manchuria and Chosen both neutral States,
became the theater of militaIy operations between the two belligerents The avowed object of the war was the expulsion of the Russians fro& these two States, neither of which were able to prevent violations of their neutrality. Japan deliberately vlolated the neutrality of Chosen in order to foreztall similar action by Russia. Prof. Ariga said that in many cases a violation of neutrallty may, in land war, have so very great an influence on the general issue of the operatlons that the other belligerent will usually not have to resort to the always uncertain methods of diplomacy ;he must therefore retort in kind and at once to the act of violation, whatever be the intention of the neutral nation.”
P. 506.
For protest of Mr. Evarts Secretary of State against the troops ~e ‘
Gen. Dias crossing the border into Texas and ‘attacking his enemies,
vide Digest of International Law, Moore, sec. 1334.
395. Convoys of munitions afld supplies.-A distinction must be drawn between the official acts of the belligerent State in convoying or SKipping munitions and supplies through neutral territory as part of an expedition and the shipment of such supplies commercially. The former is forbidden while the latter is not.’
lVide 11. C. V. Art. VTI, par. 403 infra. ‘
RULES OF LAND WAR9AltE.
396. Forming corps of combatants and recruiting forbidden.-
H. C. V., Art. IV. Corps of combatants can not be formed nor recruiting agencies opened on the territory of a neutral power to assist the belligerents.
397. What is prohibited.-The establishment of recruiting agencies, the actual recruiting of men, the formation and organi- zation of hostile expeditions on neutral territory, and the pas- sage across its frontiers of organized bodies of men intending to enlist, are prohibited?
1Rev. Stat. U. S., secs. 5281-5291. Sec. 5282. “Every person who, within the territory or jurisdiction of the United States, enlists or
enters himself or hires or retains another person to enlist or enter himself, or to ko beyond the limits or jurisdiction of the United States with intent to be ,enlisted or entered in the service of $ny*for$?ign prince. State colony d~strict or eople, as a soldier shall bc
deem6d of a high mis$eIpeanor, and shall de fined not le?? than one thousand ,$ollars, and imprisoned not more than three years.
See. 5291. The provlslons of this title shall not be construed to extend to any subject OF citizen of any foreign. prince, Stftte, colony,
district, or people, who 1s transiently in the Unlted States.
39s. Personnel of Voluntary Aid Society.-This prohibitiondoes not extend to the medical personnel and units of a recog- nized voluntary aid society cluly authorized to join one of the belligerents.’
=Vide Geneva Conference, lDOG, Art. 11.
399.
Does not extend to individuals.-II. C. V, Art. VI. The responsibility of a neutral power is not engaged by the fact of individuals crossing the frontier separately to offer their serv-ices to one of the belligerents.

400.
What t7~e test.-The prohibition in the two foregoingrules is directed against organized bodies which only require to be armed to become an immediate fighting force. Individuals crossing the frontier singly or in small bands that are un-organized create no obligation on the neutral State.

=The Santissima Trinidad I Brock 478. “An American citizen may
enter either the land or navkl service’of a foreign Government without compromising the neutrality of his own.”
United States v. Louis Kaainski, 2 ,Sprague, 7. “It is not a crime under the neutrality law to leave this country with intent to enlisj.in foreign military servicl ;nor to transport persons out of the country
with their own conscnt who have an intention of flo enlisting. To con- stitute a crime under the statute, such person must be hired or re-tained to go abroad with the intent to be so enlisted.”
Vide 4, 0 Att. Gen., 336 Ne1:on) and 7 Op. Att. Gen., 367 (~ushln~).8id. 468 and id..478. It goes without saying that the neutral State must prevent ~tsfrontiers being crossed by corps or bands which have been organized on its territory without’ its knowl- edge. On the other hand, individua!~ may be considered as acting in an isolated manndr when there exists between them no bond of a known or obvious organization, even when a number of them pass the
frontier simnltaneously.” Hague Con. Sctes, p. 137.
RULES OF LAND WARFARE.
401. I\’atio?zals of belliyet.oht ?&ot i?~cluded.-Nationals of a belligerent State are permittecl freely to leave neutral territory to join the armies of their country?
1 In 1870 the United States permitted large numbers of French an8 Germans to leave this country under recalls from their Governments. In one case about 1,200 Frenchmen embarked in French ships wit11 06,000 rifles and 11,000,000 cartridges. The United States held that the men were nor. officered or in any manner organized, and as the arms and amnlunition were legitimate subjects of commerce, the issuing
of the ships from an American port did not constitute an expedition.Vide I-Iall Int. Law, 11. 609, and Spaight, War Rights on Land, pp. 492 et seq. Sce also scc. 5291, U. S. Rev. Stat., supra, uote 1,gar. 5’37.
402. Oficcrs 012 aol.ice Pist.-Officers of the land forces of neutral powers on the active list sho~ilcl not be permitted to join a belligerent, and having joined such belligerent forces should be recalled.’
Sec., 5281, U. S. .Rev. Stat. : ” Every citizen of the United States
who m~th~n
the terntory or jurisdiction thereof, accepts and exercises a cdmmission to serve a foreign prince, State, colony district or peo-ple, in war, by land or by sea, against any prince, itate, col’ony, dis- tnct, or people, wlth whom. the United States are at peace, shall be deemed ~uiltyof a high m~sclcmennor an6 shall be fined not more
than tw: thousand dollars and imprisoied not more than three years.” Murray .v. Schooner Charming Betsy 2. Cmnch, 64, 82.
The consensus of opinion is that it 1s an unneutral act for a Statc to permit its officers on the active list to take service in a foreignbelligerent army. The practice of States has not always been uniform. In 1899, Germany recalled and punished some of her officers on thc active list for takinx service in the South African War. In 1876,
Russia permitted many of her officers to serve in the Servian Army against Turkey, but in 1887 withdrew her officers from the Bulgarian Army on the outbreak of zar with Servia.
Mr. Spaight says that, Retired officers, having ceased to possess an oDlcia1 character, as ~t were, arc recognized as haviu a freedom of
action which the usages affecting neutrality do not a%ow to servingd6cers. 1Trar Rights on J~and, p. 495.
As to medical personnel, see par. 398.
i.
su~I’1.1~~.
403. Neutr,al not bound to prevent sl~ipnaent of supplies.-
H. C. V, Art. VII. A neutral power is not called upon to prevent the export or transport, on behalf of one or other of the belliger- ents, of arms, nlunitions of war, or, in general, of anything which can be of use to an army or a fleet.
404. Obl,igations of ?zeutral state as to szcgg1ies.-A neutral state, 3s such, is prohibited from furnishing supplies, munitions of war, or to make loans1 to a belligerent. It is also forbidden to permit tte use of its territory for the fitting out of hostile expeditions. It should issue a proclamation of neutrality.’
=As to loans by individuals sce H C. V. Art. XVIII infra, par. 430.
2 U. S. Rev. Stat. Sec. 5286.-” ~ver~ kithin the terri-
ierson who tory or jurisdiction ‘of the United States, begins, .or skts on foot, or pro-
vides or prepares the means for, any military expedition or enterprise,
R~LESOF LAND WARFARE.
to be carried on from thence against the territory or dominions of any
foreign prince or state or of any colony district or people with whom
the United States are’at peace, shall bk deemed guilty of’a high mis-
demeanor, and shall be fined not exceeding three thousand dollars, and
imprisoned not more than three years.”
Kennett v. Chambers, 14.How 38. United States v. Ybanez, 53 Fed. Rep. 536. Wiborg v United gtates 163 U. S. 632 655. U. S. v.
~urbhy 84 Fed. Rep. ‘609. United states v. art 78 bed. Rep. 868.-
Sec. $286, Rev. stit., creates two offenses, (1)’ the setting 6n foot within the United States, a military expedition, to be carried on against any power, etc., with whom the United States are at peace; (2) pro-viding the means for such expedition.”
Vide as to sales of arms, etc., by the U. S. Govt. Dig. Int. Law,
Moore sec. 1309.
a ~e6par. 389 supra. For neutrality proclamations of President Grant Aug 22, 1870 see For. Rel., 1810 p. 45; also Dig. Int. Law, ~oor; sec ‘ 1319 ~itersetting forth catkgorically ‘?cts prohibited by the laws df neuirality warns the population that while all persons may lawfully and widout restriction, by reason of the aforesaid state
of war, manufacture and sell within the United States arms and muni- tions of war, and other articles ordinarily known as contraband of war yet They can not carry such articles upon the high seas for the use o; serv?ce of either belligerent, nor can they transport soldiers and officers of either, * * * without incurring the risk of hostile c?pture and the penalties denounced by the law of nations in that behalf. ~ei
also
the proclamation of President Roosevelt on February 11 1904 upon the
opening of hostilities between Japan and Russia. Wr. del., 19’04, pp. 32 et seq.
405. CommerciaZ transactions not prohibited.-Commercialtransactions by neutral companies, citizens, or persons resident in its territory with belligerents are not prohibited. That is, a belligerent can purchase from neutral companies, citizens, or persons within its territory supplies, munitions of war, or any-thing that can be of use to an army or fleet, which can be es-ported or transported without involving the neutral state.’
=United States s. The Laurada, 85 Fed. Rep., 760.-“The neutralitylaws are not designed to interfere with commerce, even in contraband of war, but merely to prevent distinctly hostl!e acts,,,as against a friendlv
power, which tend to lnvolve th~s country In war. Pearson v. Parsoli,108 Fed. Rep, 461. The Peterhoff 5 Wall 28.-“Tlie trade of neutrals with belligerents
in articles not’ contradAnd is absolutely free, unless interrupted byblockade.”
Northern Pac. Ry. Co. v. American Trading Co., 195 U. S., 439, 465.- “Contracts for the transportation of contraband articles are enforce-able.”
Hendriclcs v. Gonzales, 67 Fed. Rep 351; 14 C. C. A., 659.-“A col-lector of customs is not justified in refiising clearance to a vessel and her
cargo under sec 5290 Rev Stat., because she is intended to trans ort
arms’and munitions oi war’for the use.of an insurrectionary party !n a country with which the United States is at peace.”
406. Means of comnzunication.-H. C’. V, Art. VIII. A neutral
power is not called upon to forbid or restrict the use on behalf of the belligerents of telegraph or telephone cables or of wireless telegraph apparatus belonging to it or to companies or private individuals.
407. Must not m.alzifest1.U assist one belligerent.-The libertyof a ileutral State to transmit dispatches by means of its tele-
RULES OF LAND WARFARE.
graph lines on land, its submarine cables, and wireless appa- ratus does not imply the power to use them or permit their use to lend a manifest assistance to one of the belligerents?
1Ra-e conference 1907, Actes Vol. 111, p. 56. No mention is made of the use of postal servlces in these rules. It is assumed that they can be used, subject to the same restrictions.
405. Impartiality.-H. C. V, Art. IX. Every measure of re-striction or prohibition taken by a neutral power in regard to the matters referred to in Articles VII and VIII (pars. 403, 406) must be impartially applied by it to both belligerents.
A neutral power must see to the same obligation being ob- served by companies or private individuals owning telegraph or telephone cables or wireless telegraph apparatus.
409. Use of neutral territory to establisi~ wireless telegraphy.-
E. C. V, Art. 111. Belligerents are likewise forbidden to:
(a) Erect on the territory of a neutral power a wireless tele-
graphy station or other apparatus for the purpose of com-municating with belligerent forces on land or sea? This paragraph was intended to prohibit in future a repetition of the
action by Russia in establishing a wireless station at Chefoo in Chinese territory, by means of which communication w?s ke t up between Port Arthur and the outer world during the siege m 1804. Spaight, War
Rights on Land, p. 490.
(b) Use any installation of this kind established by them be-
fore the war on the territory of a neutral power for purely military purposes, and which has not been opened for the serv- ice of public messages.’
2 Vide Hague Con. 1907 Actes Vol. I11 p. 53.-” The inviolability
of the territory of a’nentril stat: is incodpatible with the use of this
territory by a,,belligerent in the aid of any of the objects that Art. I11 is directed at.
410. Neutral state must prol~ibit acts on its own territory.-
H. C. V, Art. V. A neutral power must not allow any of the aots referred to in Articles I1 to IV (pars. 391, 396, 409) to occur on its territory.
It is not called upon to punish acts in violation of its neu- trality unless the said acts have been committed on its own territory.
BELLIGEEENTSINTERNEDNEUTRAL
IN TEBRITORY.
411. Internment.-H. C. V, Art. XI. A neutral power which receives on its territory troops belonging to the belligerentarmies shall intern them, as far as possible, at a distance from the theater of war.
It may keep them in camps and even confine them in fortresses or in places set apart for this purpose.
It shall decide whether officers can be left at liberty on giv- ing their parole not to leave the neutral territory without per- mission.
RULES OF LAND WARFARE.
412. Dqctu of neutral state.-A neutral is not bound to permit belligerent troops to enter its territory. On the other hand it may permit them to do so without violating its neutrality. But they must be interned or confined in places designated by the neutral. They will naturally be disarmed and placed un-der the necessary guard, thereby o:cupying in many respects the same status as prisoners of war.
‘See as to inviolability of neutral territory, supra, pars. 391-395
and notes.
413. Neut~aZ cas impose terms.-If troops or soldiers of a belligerent are permitted to seek refuge in neutral territory, the neutral cart impose the terms upon which they may do so. In case of large bodies of troops seeking refuge in neutral territory, these conditions will be usually stipulated in a conventioil drawn up by and between the duly authorized representative of the neutral power and the senior officer of the troops?
lThe historical example of this is the convention drawn u hetween
Gen. Clinchant, of the French Army, and the Swiss general, bkrzog, ap- pendix -4 to this chapter.
414. Parole ‘of oficevs.-Beyond the right of deciding which, if any, of the~fficers are to be paroled, no conditions are speci- fied and no penalties are prescribed for breach of parole?
lThe proposition by Japan “that officers and other members of the armed forces of a belligerent should not ?e given their liberty or author- ized to return to their country exce t with the consent and under con-ditions laid down by the other.beligerent, and that the parole given
to a neutral State by such,,indivlduals should be deemed equivalent to n
pledge given to the enemy was rejected by the committee. Hague Con.
Actcs, Vol. 111, p. 61. A; to medical personnel, see infra, par. 424.
415. Disposition of arms, equ.lpment, etc.-The munitions, stores, and effects which the interned troops bring with them
should be restored to their Government at the termination of the war.’ lVide Appendix A to this chapter. The foregoing rule is subject
to the exception that the neutral State would certain1 sell such articles as are subject to deterioration, utilizing the proceeJs for the mainte- nance of the troops. As to materinl captured by and in ,the hands of the troops seeking asylum in neutral territory, the propos~tion was made that it should be returned at the end of the war to the Government
from which it was captured. Objection was raised to this and the pro- posal was w~thdrawn. Hague Conference Actes, Vol. 111,&. 59-60.
416. dlailztonai~ce.-H. C. V, Art. XII. In the absence of a special convention to the contrary, the neutral power shall sup- ply the interned with the food, clothing, and relief required by humanity.
At the conclusion of peace the expenses caused by the intern- ment shall be made good.’ See Appendlx A, this chapter.
RULES OF LAND WARFARE.
417. Prisoners of war.-R. C. V, Art. XIII. A neutral power which receives escaped prisoners of war shall leave them at liberty. If it allows them to remain in its territory it mayassign them a place of residence.
The same rule applies to prisoners of war brought by troops taking refuge in the territory of a neutral power.’ 1Note that a different rule applies with regard to sick and wounded
prisoners of the enemy forming part of a cod~oy permitted to
through neutral territory under Art. SIV, nar. -. See pars. 107, $??
and 472.
418. Sic7c aqzd zoounded.-H. C. V, Art. XIV. A neutral power may authorize the passage into its territory of the sick and wounded belonging to the belligerent armies, on condition that the trains bringing them shall carry neither personnel or war material. In such. a case, the neutral power is bound to take whatever measures of safety and control are necessary for the purpose.
The sick or wounded brought under these conditions into neutral territory by one of the belligerents, and belonging to the hostile party, must be guarded by the neutral power so as to insure their not taking part again in the military operations. The same duty shall devolve on the neutral State with regard to wounded or sick of the other army who may be committed to its care?
1See pars. 107, 417 and 422, and note.
419. Obligations of neutral State.-The neutral power is un-der no obligation to permit the passage of a convoy of evacua-tioil of sick and wounded through its territory, but when per- mitted to pass, the neutral must exercise control, must see that neither personnel nor materiel is carried, and generally must accord impartiality of treatment to the bellignrents?
1Recogniaing that in facilitatin- the evacuation of wick and wounded of a belligerent a neutral poweramay render valuable assistance to a bell~gereut, it was officially explained in the’peace conference in 1899 that the article had no other meanlng than to establish that consid- erations of humanity and hygiene might determine a neutral State to
permit such sick and wounded soldlers to cross its territory without failing in its doties of neutraliiy.” Land Warfare, Opp. par. 495. Hague Conference 1899, p. 153.
420. Consent of ot7~e1- belligel-ent.-There is no indicated ne- cessity for obtaining the consent of the other belligerent before granting authority for the passage of the convoy, but this action seems advisable, especially where the passtge of a considerable bodv of sick and mounded is contemplated.
1Grpnch AIam~nl n 82. Neutral states abstain from authorizing
421. S.ic7c and wozcnded of belligerent convoying same.-The sick and wounded of the belligerent convoying them may be
RULES OF LAND WARFARE.
carried through to their own territory. If, however, they are left in the neutral’s territory they must be interned so as to insure their not taking part again in the war.
422. Siclc and wounded prisoners of war.-Sick and wounded
,     prisoners of war brought into neutral territory as part of a convoy of evacuation, granted right of passage through neutral territory, can not be transported to their own country nor liber- ated, as are prisoners of war escaping into or brought by troops seeking asylum in neutal territory, but must be detained by the neutral power?
See par. 417 supra.
423.
The Genez;a conventio~n.-H. C’. V, Art. XV. The Geneva convention applies to sick and mounded interned in neutral territory.

424.
Medical personnel.-The medical personnel belonging to belligerent forces, who have sought asylum and are interned under Article XI (par. 411), can be released by the neutral and permitted to return to their own State or army. Dledical per- sonnel and materiel necessary for the care of the sick and mounded of a convoy of evacuation, permitted to pass through neutral territory under Article XIV (par. 418), may be per mitted to accompany the convoy. The neutral State may retain the necessary medical personnel and mat6riel for the care of the sick and wounded left in its care, and, failing this, may furnish same and will have expense of same refunded by the belligerent concerned after the termination of the war?

‘See note 1,par. 414 supra.
425. Neutral persons.-R. C. V, Art. XVI. The nationals of a State which is not taking part in the war are considered as neutrals.’
‘The,;ntention,,in usin-the word ” nationans” mas to convey the
idea of citizens as undzrstood in the English use of the word. HagueConvention Actes, 1907, p. 64.
426. Neutral persons ?’esident ilz enemu territor2~.-Neutral persons resident in occupied territory are not entitled to claim different treatment, in general, from that accorded the other inhabitants? They must refrain from all participation in the war, from all hostile acts, and observe strictly the rules of the occ~~pant.~
‘The articles relating to neutral persons (XVI XVII and XVIII)are what is left of twelve articles proposed to he’ ~agu6 by Germany.
En-land has never ratified them. The intention of these articles was
to %word preferential treatment to the neutral persons and property during war. With regard lo the suppressed articles the following two vopx were adopted b the conference :
1. That in case oBwar the competent authorities, civil and military
shall make it n special duty to assist and protect the maintenance oi
peaceful relations, and in particular of commercial and industrial re-
_atlons, between the inhabitants of the belligerent States and neutral
stttes.
2. That the high contracting powers shall seek to establish, by agree-
ments between them, uniform contractual provisions determining the
RUXES OF LAND WARFARE.
relations, in respect of military obligations, of each State with for-
eigners established in its territory.”
2 Vide supra pars. 312 et sea.
Mr. Oppenheim (Land Wnrf are) says : “Subjects of neutral powers
not resident but only on a temporary visit within occupied territory
can to a certain extent claim different treatment from that accorded
to inhabitants, provided’they take no art in the war. For instance.
they are as a rule exempt from requkitions and contributions, and
if their property 2s required for military ends and needs, they must bi
fully indemnified. Par. 505 and note.
427. Diplomatic agents.-Diplomatic agents of neutral sov-ereigns and Governments must be treated with all courtesy, and be permitted such freedom of action as is possible to allow, with due regard to the necessities of the war.’
The same rule applies to consuls of non-Christian countries exclud-
ing Japan. In all countries consuls while not di lomatic ag<nts, are
entitled to have their persons and d~ces exemptes from martial law,
except in urgent cases, although their property and business are not
necessarily exempted.
As to right of correspondence, sce Dig. Int. Law, Moore, sec. 075, as
to correspondence by Mr. Washburn, our ambassador in Paris at the time
of the siege of that city.
The Japanese in the exceptional case of correspondence by the
Imperial Government at Peklng and the Provinces in Manchuria laid
do~nthe follomin$ rules:
1. Communications of the Government of Peking with local officials
in the territory occupied by the enemy, through territory occupied by
ou~army. Not permitted.
2. Communications addressed by the local Chinese functionaries in
the country occup~ed by the enemy to the Peking Government through
territory occupied by our army. Permitted by a designated route which
coy,ld not be used returning.
3. Communications from the local Chinese functionaries in the
territory occupied by our army to those in territory occupied by the
enemy. Absolutely prohibited, except after minute examination by
ou~,army.
4. Communications from local Chinese fi~nctionaries in territory
occupied by the enemy with regions occupied by our army. Permitted
nfter examination at the outposts of the messengers and the ofUcial
co~munications.
5. Communications between the Government at Pekin and the
local functionaries in territory occupied by our army. ~bsofutely free.
Ariga. pp. 544-547.”
428. Punishnzents.-All subjects of neutral powers whether resident or temporarily visiting in occupied territory may be punished for offenses committed by them to the same extent and in the same manner as enemy subjects.’
=Vide supra Military occupation Chapter VIII, and Penalties for
Violations of the Laws of War, ~hdpter X.
429. Forfeiting rights by neutrals.-H. C. V, Art. SVIL A neutral can not avail himself of his neutrality:
(a)
If he commits hostile acts against a belligerent.

(b)
If he commits acts in favor of a belligerent, particularly if he voluntarily enlists in the ranks of the armed force of one of the parties.

In such a case, the neutral shall not be more severely treated by the belligerent as against whom he has abandoned his neu-
\
RULES OF LAND WARFARE.
trality than a national of the other belligerent State could be for the same act.
430. What acts not favorable to one belligerent.-H. C. V,
Art. XVIII. The following acts shall not be considered as com- mitted in favor of one belligerent in the sense of Article XVII, letter (8) :
(a)
Supplies furnished or loans made to one of the bel-ligerents, provided that the person who furnishes the supplies or who makes the loans lives neither in the territory of the other party nor in the territory occupied by him, and that the supplies do not come from these territories.

(b)
Services rendered in matters of police or civil administra- tion.

RAILWAY MATEBIAL.’
431. Railway material.-H. C. V, Art. XIX. Railway material coming from the territory of neutral powers, whether it be the property of the said powers or of companies or private per- sons, and recognizable as such, shall not be requisitioned or utilized by a belligerent except where and to the extent that it is absolutely necessary. It shall be sent back as soon as possible to the country of origin.
A neutral power may likewise, in case of necessity, retain and utilize to an equal extent material coming from the territory of the belligerent power.’
Compensation shall be paid by one party or the other in pro- portion to the material used and to the period of usage: =For law as to preference to be given to the transportation of
troops and material of war in time of war see U S. Stat. at Large
101. 34, yrt 1,chap. 3591, p. .587: ~rovide’d, hat’ wheyer the word
carrier occurs in this act it shall be held to mean common car-
rly.”
That in time of war or threatened war preference and precededce
shall upon the demand of the President of the United States be
given’, over all other trafic, to the transportation of troops and’ma-
terial of war, and carriers shall adopt every means within their con-
trol to facilitate and expedite the military traf8c”
ZThis paragraph Is new being inserted in 1907. “It has the double
object of: 1. To prevent neutral State having its own railway serv-
ice disturbed by the loss of its rolling stock ; 2. To rovide an auto-
matic discouragement as it were, to the practice of seizing neutral
material which a beili erent might be incllned to resprt to !if th$
material so obtained %ecame a clear addition to hls resources.
Spaight War Rights on Land pp. 512-513.
s~rtikleXIX recognizes {he right of s belligerent to seizf! and destroy the property of neutrals temporarily passlng through hls ter-ritory In so far as railway material is concerned.
This right as to certain neutral shi s was exercised b Germans in December, 1870,by seizing some ~n~lisl
colliers lying in The Seine near
Rouen and slnking them for the purpose of obstructing the channel SO
that French gunboats could not nscend the river. The right to do this was not questioned by Great Britain and the matter was settled by
Germany paying a satisfactory indemnity. Land Warfare, Opp. pars. 505,note c, and 507-510. 42225°-14-10
Military Convention between the Con&nzmder of the First French Army and the Generalin-chief of the Army of the Swiss Con- federation for the entry of the French troops into Bwitker- land; signed at Les Verrieres, February 1, 1871.
The following convention has been made between General Clinchant, General-in-chief of the First French Army, and Gen- eral Herzog, General-in-chief of the Army of Swiss Confeder- ation :
Article 1. The French Army demanding to pass into Swiss territory will on entering lay down its arms, equipment, and ammunition.
Art. 2. These arms, equipment, and ammunition will be re-stored to France after peace and after the definitive settlement of the expenses occasioned to Switzerland by the sojourn of the French troops.
Art. 3. The artillery material and ammunition will be dealt with as above. Art. 4. The horses, arms, and effects of the officers will re-main at their disposal. Art. 5. Arrangements will be made later as regards the troop horses.
Art. 6. Supply and baggage wagons, after having deposited their contents, will immediately return to France with their drivers and horses.
Art. 7. The treasure chest and post wagons will be handed over with the contents to the Swiss Confederation, which will account for them when the settlement of expenses is taking place.
Art. 8. The execution of these arrangements will take place in the presence of French and Swiss officers nominated for the purpose.
Art. 9. The confederation reserves the designation of the place of internment for officers and soldiers.
Art. 10. It is the right of the Federal Council to indicate the detailed prescriptions necessary to complete the present con-vention.
Done in triplicate at Les Verrieres, 1st Feb., 1571.
I ( Signed) CLINCHANT.’
(Signed) HERZOG.
CHAPTERXII.

432. Kinds of mines.-There are three general classes of mines: (1)Observation mines which are anchored along the coast and connected therewith by mires by which they can be exploded electrically. (2) ,knchored automatic coutact mines which are attached to heavy weights, and which can be placed at any required depth below the surface; these mines a’re ex-ploded autolnaticnlly by contact with heavy bodies such as
ships. (3) Unanchored antomatic contact mines which also es- plode by contact.’
lThe rules governing this subject are contained ip Conventipn VIII
of The Hague of Oct. 18 1907. The rules contained in this chap-
ter are of specinl interest ‘to officers of the seacoast artillery and will
be of value as well to other arms of the mobile army in connection
with the defense of our seacoast fortifications.
=These rules do not deal with the first class of mines, since they are
innocuous to peaceful shipping.
433. Unanchored automatic contact *tines.-H. VIII, art. 1, par. 1. It is forbidden to lay unanchored automatic contact mines unless they be so constructed as to become harmless one hour at most after those who laid them have lost control over them.’
=This rule as originally presented by Great Britain was as follows:
” The employment of unanchored automatic submarine contact mines
Is forbidden.” The rule ns stated in the text is decidedly modified by
article 6, which fixes no time within which States are obligated to
cause their mines to conform to the provisions of this article.
434.
Commercial navigation.-H. VIII, art. 2. It is forbidden to lay automatic contact mines off the coasts and ports of the enemy, with the sole object of intercepting commercial navi-gation.

435.
Effect of this article.-It is not probable that a belligerent resorting to the use of these contact mines o& the coasts and Ports of his enemy will hesitate to disavow the intention of in-tercepting commercial navigation. In its present form this rule permits the use of such mines so as to cause great risks to neutral navigation.’

” This convention, however as it has been adopted imdoses on the
belligerent no restriction as tb the placing of anchored mines which
consequently may be laid wherever the belligerent chooses in 61s own
waters for self-defense in the waters of the enemy as ‘a means of
attack or lastly on tie high seas so that neutral navigation will in-
evitabiy An greit risks in time oi naval warfare and may be exposed
to many a disaster. We have ,already on several occasions insisted on
the danger of a situation of this kind.” Sir Ernest Sntow’s deciaratlon
before The Hague Committee. Vide The Hague Peace Conference, Hig-
gins, p. 341.
147

RULES OF LAND WARFARE.
436.
Anchored automatic contact mines.-H. VIII, art. 1, par. 2. ~t is forbidden to lay anchored automatic contact mines which do not become harmless as soon as they have broken loose from their moorings.

437.
Precautions to Bc ta7cc?t.-H. VIII, art. 3. When an-chored automatic contact mines are employed, every possible precaution must be taken for the security of peaceful navigation.

The belligerents undertake to provide, as far as possible, for these mines becoming harmless after a limited time has elapsed, and, where the mines cease to be under observation, to notify danger zones, as soon as military exigencies permit, by a notice to mariners, which must also be communicated to the Goyern- ments through the diplomatic channel.

438.
Neutral powers can lay mines.-H. VIII, art. 4. Neutral powers which lay automatic contact mines off their coasts must observe the same rules and take the same precautions as are imposed on belligerents.

The neutral power must give notice to mariners in advance of the places where automatic contact mines have been laid. This notice must be communicated at once to the Governments through the diplomatic channel.
‘439. Must remove nzifles at close of war.-H. VIII, art. 5. At the close of the war the’ contracting powers undertake to do their utmost to remove the mines which they have laid, each power removing its own mines.
As regards anchored automatic contact mines laid by one of the belligerents off the coast of the other, their position must be notifled to the other party by the power which laid them, and each power must proceed with the least possible delay to remove the mines in its own waters.’
are follnd not only -on the onen sea. but even in its territorial watrrs. In s~lteof tine nrecsu-tcons,.which have been taken. a verv considerable number of cbastinn
440. Agreement to convert nzatdriel of mines.-H. VIII, art. 6. The contracting powers which do not at present own perfected mines of the description cohtemplated in the present ‘convention, and which, consequently, could not at present carry out the rules laid down in articles 1and 3, undertake to convert the materiel
RULES OF.DAND WARFARE. 149
of their mines as soon as possible, so as to bring it into eon- formity with the foregoing requirement.’ =Vide article 1 pars. 433 436 441. Mr. Higgins says : “The
prohibitions contahed in thet6rst’article ai-e in effect nullified by
the sixth, for no time is specified within which States are to cause
their material to conform to thf! requirements of article 1,and Where
neutrals sutfer from the use of imperfectly const~ucted mines it’is not
likely that they will be satisfied with the belligerent’s plea that he
has bee?, prevented by lack of funds or time from making the needful
changes. Peace Conferences, pp. 343-344.
441.
Torpedoes.-H, VIII,art. 1,par. 3. It is forbidden to use torpedoes which do not become harmless when they have missed their mark.

442.
Dzcf-ation of conventiort.-H. VIII, art. 11. ‘ The present convention shall remain inAforce for seven years, dating hem the sixtieth day after the date of the first deposit of ratifications. Unless denounced, it shall continue in force after the expifation of this geriod.

443.
Inconzpleteness of convention.-That this convention at-tempted to reduce to writing the rules governing the use of mines principally,for the protection of neutral shipping, and in large measure failed, appears from the following facts, to wit: There is nothing in its provisions to prevent a belligerept placing mines on the high seas. There is nothing to prevent a belligerent from placing mines off the coasts of the enemy without regard to neutral shipping, except the proviso that danger zones shall be notified “as soon as military exigencies allow,” which is of little or no practical value. The delegate from Great Britain declared that this convention is wholly inadequate for the pro- tection of neutral shipping, and that the signing of the,:conven- tion would not preclude his Government from contesting the legitimacy of acts committed in violation of neutral rights. The Institute of Inter~lationnl Law formulated rules upon this sub- ject at their nleetings’in 1905, 191Q, and 1912. The two last will be found in the note.’

1The following rules are token from the’ proceedings of the Institute
of 191D, Annuaire de L41nstitut de Droit Znterna,tional, vol. 23, pp.
202-204 .
1. It i’s forbidden to lay anchored or unanchored mines on the high
seas.
2. Belligerents chn lace mines in their territorial waters or In
those ~f fhe euelny. –
But they are forbidden even in territorial waters-
1. To lay unnnthored ‘automatic contact mines, unless they be so
constructdd as to become harinless one hour at most after the person
who laid ‘them has ceased to control them.
2 To lay anchored automatic contact mines which do not become
harmless as soon as they have broken loose from their hoorlngs.
3. It is forbidden to use, as well in the territorial waters, ns,on the
bfgh seas, ,torpedoes which do not become hqrmless when they .have
missed their mark.
160 RULES OF LAND WARFARE.
4 It Is forbidden to block the ports or coasts of the enemy or the
Poiits occupied by him by means of automatlc contact mlnes.
It is likewise prohibited to place automatlc contact mlnes in the
passage of stralts leading Into the open sea.
5. When anchored or unanchored automatic contact mines are em-
ployed all precautions must be taken for the safety of peaceful naviga-
tlon
The belligerents wlll do their utmost to render these mines harmless
after a limited time has elapsed.
In the case where the mines cease to be under observation by them
the belligerents will polnt out the dan er zones as soon as military exl:
gencies permit by a notice to navigatfon. which must also be commu-
nicated to the Governments through dlplomatlc channels.
6.Neutral powers can lay mlnes off their coasts for the defense of
their neutrality. They must in such a case observe the same rules
and take the same precautions as are imposed on belligerents.
The neutral power must give notice to mariners in advance of the
laces where automatic contact mines will be laid. This notice must
%e communicated at once to the Governments through diplomatic chan-
nels.
7.
Omitted.

8.
At the close of the war the belligerent and neutral powers wlll do

thelr utmost, each on Its part, to remove the mines which they have
laid.
As regards anchored automatlc contact mines laid by one of the bel-
ligerents off the coast of the other their positlon must be indicated to
the other party by the power wh&h laid them and each power must
proceed with the least possible delay to ralsini the mines In its own
waters.
The belligerent powers wlll furthermore announce the date on which
the removal of the mines is terminated, and navlgation will cease to be
dangerous in the zones where the mines had been laid.
9.
Omitted.

10.
Violation of one of the rules preceding, Involves the responsiblllty

of the power at fault.
Thls responsiblllty will be brought before the International Prize
Court which will have full libert for investigating the matter at
fault,’in apPreclating the degree an8 fixing, if needs be, the amount of
reparations.
The following taken from ” Les lois de la guerre maritime dans les
rapports entre bellig6rants.” Manuel adopt6 par 1’Institut de droit internatioaal session d’0xford 1913:
Article 20. Submarine mine;.-1t Is forbidden to lay on the high seas anchored or unanchored automatic contact mlnes.
Article 21. The belligerents can lay mines in their territorial waters
and in those of the enemy.
But they are forbidden even In these territorial waters:
1′ To lay unanchored automatlc contact mines unless they be so
conitrueted as to become harmless one hour at mbst, after the person
who placed them has ceased to cdntroi them.
2. To lay anchored automatlc contact mines which do not become
harmless as soon as.they have broken loose from their moorings.
Article 22. A belligerent can place mines off the coast and orts of
hls adversary for mllitary and naval purposes only. It is forbgden to
place them for establishing or maintalnlng a blockade to commerce.
Article 23. When anchored or unanchored automatic contact mines are used, every precaution must be taken for the safety of peaceful
navigation.
Belligerents wfll do all that is possible to render the mines harmlesa
after the lapse of a limited time.
In the case where the mines cease to be under observatlon by them
the @lligerents will point out the danger zones as soon as military exi!
gencies permit, by a notice to navlgatlon, which must also be commu-
nicated to the Governments through diplomatic channels.
APPENDIXNo. 1.
BY TEE PRESIDENT OF THE UNITED STATES OF -4IfEEICA.
-k PROCLAMATION.
Whereas a Convention relative to the opening oi hostilities was concluded and signed
at The Hagueon October 15, 1907, by the respectlre Plenipotentiaries of the United
States oi America [herc follow? the list of other Soreroigns and Heads of States who
sent Plenipolentiaries to the Conle~ence], the original 01 which Convention, being in the F~ench language, iswold for word as follows:
[Translation.]
111. CONVENT~ON h L’OWER-THE
RELATIVE 111. CONVENTION, RELATIVE TO
TURE DES HOSTILITES. OPENINGOF HOSTILITIES.
Le Pr6sident des hats-~nis D’Amhigse. The, President of the United StaCGs 01′
Amerzea.
[Here follows the list of other Sove~eigns and Heads of States who sent Plenipotentia- ries to the Conf8rence.l
ConsidCranl quc pour la s6curite des Considering that it is important in order relations paci6qu~s, il lporte que les to ensure the maintenance of pahe rela- hostll~tesne commencent pas snns un aver-tions. that hostllities should not commence tlssement prblable. -without revlous warning
Ou’ll imoorte. db mame. aue lJ6tat de -That 8is euuallv imuktant that the ~u&resoit’not$6 sails retard aux Puiss- existence of a state ofwar should be notified ances neutres; without delay to neutral Powers;
D&lmnt conclure une Convontion & cet Being desirous of concluding 8 Conven-eliet. ont nommd pour Leurs PIBnipo-tion to thls etPect, have appointed the fol- tentiaires, savoir: -lowing as their Plenipotent!acies:
[Hera follows thenames of Plenipotentiaries.]
I.esquels, aprPs avoir d6posB ieurs loins Who after depositing their full powers
pouvoirs, trouvB en bonne et due, &me, found in good and dug form, have agreed sont wnvenus des dispositions sulvantes: upon the following provisions:-
ARTICLEPREMIER. Les Puissances .cpn- ARTICLE1. The Contractlrlg Powers tractantes reconnalssent aue les hostllltD recogme that hostllities between them- entre elks ne doivent pas’wmmencer sans selves must not commence without previ-
un avertissement prblable et non Qqui- ous and explicit wamng in the form either voque qu~ aura soit la forme d’une dQclara- of a reasoned declaratloh of war or of an
tion de guerre’ mot~v&, soit celle d’un ultimatum with wnditional declaration of ultimztum avec dBclarat~on de guerre war.
conditiomelle.
ART. 2. L’Qtat de uerre dens &re ART.2. The exiStence of a state of war notifie sans retard am Suissances peutres must be notified to the neutral Powers
et ne produhs effet B. leur Qgard qu’aprGs w~thout delay and shall not take efleot
in regard to them until afbr the mi tdcepc~on d’une notification qui ouna of a notification which may however, b
Btre iaite mBme par voie tel&grap%ique-
Toutefois les Puissances neutres ne pour- given by te~etgraph. ~eutral Powers ralent jnvoqller I’absence de notlficatlon, nevertheless cannot re1 on the 8bsend $11 Btait QJabli d’une mqlhre non douteuse of noti6catl~n.if it is cyeml established
qu’en ia~t elles connalssaient 1’Qtat de that they were m fact awareoftheemtence guerre.
of a state of war.
RULES OF LAND WARFARE.
ART. 3. L’article 1de la pr-ta Con-
vention produua effet en cas de guerre
entra deux ou olusieurs des Puissances contractantas.
a
L’article 2 est ob!igatoim dam les rap
ports entm un belllgQrantcontractant et
PS puissanCBs -neutres Qgelement con-tractantes.
ART. 4. La prkente Convention sera ratifiPe aussit6t que possible.
Les ratitlcations seront dQposh A La
–
Haye.
LB premier dQp6t de ratitications sera constate par un procRs-verbalsign6par lea reprbentan’s des Puissances ui y ren-
ART.3. Article I qf the present Convcn-
tion shall take efIect m case of mar between
two or more of the Contracting Powcn.
nent part et par le Ministre 8es ~Aires
EtrangBresdes Pay~Bas.
Les dQp6tsultQleurs de ratifications se feront au mo en d’une notification Bcrite adressb au gouvernement des Pays-Bas et acoompagnb de l’inst~mentde retifi-cation -.-
Copie certsde co?forme du pro&-verbal relatif su oremler d6~btde ratiilca-rions,. hes-not&cat!ons mentioqh 8. l’alinh pr&Qdent alnsl que d~ lnstru-ments de ratification sera immQlatament
remise par les soins du Gouvernement des
Pays-Dns et par la voie di lomatiqueaux
Puissances convi& 8. la geuxihme Con-
fPrenm de la Paix. ainsi au’aux autres
il a rw,?ula nobification-
ART. 6. Les Puissances non swataim sont admises it adhBrer 8. la prbente Con-vention.
La Puisssnce qui dbire adhdrer notifie
par dcrit son intantion au Gouvernement
des Pays-Bas en lui transmettant I’acta
d’adhesion auiseradBddanslesarchires dudit Go~vknemer~<
ART. 5. Non-Signatory Powers may
adhere to the present Convention.
ment.
Ce Gouvemement transme-im~~Qdi-The said Government shall at once atement 8. tontes 1s autres Puissanm forward to all the other Powers p duly
?pie certiflde conforme de la notqation certified copy of the sot&c+&ionas well as amsl que del’acte~adh~ion,~indlg~t
of the ~t of adhesion, sta.tmg the date on la date B laqnelle Il a WU la notlfimtlon. which ~trecelved the notuication.
ART.6. La phnte Conventionproduh ART 6 The present Convention shall
effet, pour les Puissances ui aW0nt par-come force in the Case of the Powers ticip6 au premier dQp6tBe ratifications, wkh mem a &ty to the kt deposit of soixante jours ap* la date du Pro&-raMcations srxty days after the data of
verbal de ce d6p6t et pour les ~u~ssaneesthe p~ocis-v&bu~of that deposit and in the
aoi ratifieront ul&ridurementou aui ad-librerout soixantajoursaprBs que la-not%-cation dA leur ratification ou de leur ad-hfsion auraBtQrque par le Gouvernement
des Pays-Bas.
ART. 7. S’L arrivait qu’une des Hautes Parties wntractantes voulfit dQnoncerla prbsente Convention, la dhonciation sera
caw of the Powprq which dtifv ‘snhv-
.-.-..-. -.. .
——–,—–
uently or which adhere sixty days after
%e notitication of their ktitication or of their adhesion has been received by the
Netherland Government. AXT.7. In the event of one of the High
Contractimg Parties wishing to denounar the present Convention, the denunciation
RULES OF LAND WARFARE.
notijih par Qcrit au Gouvernement des shall be notified in writing to the Nether- PapBas qui wmmuniquera immQdiate land Government, which shall at once ment copie cert&e conforme de lanotaca commu$cate a duly certi6ed copy, of the tion h toutes les autres Puissances en leur notification to all the other Powers mform- faisant savoirla date P laquelle il 1’8 rqua mg .them of the date on which’ it was
received.
T,3 d6nonciation ne produira ses effets The denunciation shall only have effect
(111’9, llBgard de la Puissance ui I’aura in regard to the notifying Power and one
noti6P.e et unan aprl ualanot2cationen year after the notification has reLched the
zys-g~eme au Bouvernement den Netherland Government.
ART. 8. Un registre tcnu pnr le lfin@t&r? ART.8. A register kept by the Nether-
des Affalres Etran$res des Pays-?as mdi- land mstry for Foreign Affairs shall give
qwra la date du dQpbt de ratgcations the Pate of the de oslt of ratifications made
efTectuQ en vertu de l’article 4ahea.33 et 4, in wtue of ~rt~cE IV, paragra hs 3 and 4
sinsi que la deteehla uolle auro~tQt6rques as well as the, date oq whch &e notified
lesnot18cationsrl’s;l%tion (article5, alm6a tions of adheslqn (Article V
2) ou de dQnonciallon (article 7, almb 11). or of denunclat~oq (Article ~frp”g,”g:p”1?
1)have been received.
Chaque Puissance contractante est ad- Each Contracting Ppwer is entitled to mise h prendro connaissnnce do ce regiske have access to this fewter and to be sup-
et & en demander des extraits certifiEs con- plied Wth duly cert&ed extracts from it.
formes.
F,P foi de quoi les Yl4ninipotentiares ont In faith whereof the Plenipotentiaries
reretu la prteite Convention de leurs have appended their signatures to the pres-
sienatures. ent Convention.
Pait $ La Haye, le dix-huit octohre me Done at The Hague, the 18th October nenf cent sept, en un seul exemplwre q~ll 1907, in a ~inde co y, which shall remad restera dE.pos8 dans les archlves dn GOUV- deposited in the arcgives of the Netherland ernempnt des Pays-Bas et dont des copies Government and duly certified copies of certifl$cs confqnnes, srront remises par 1; which shall b’e sent, throughthe diplomatic voie diplomatique aux Pmssances qui out chapel to the Powers whch have been
CtO conviPes Q. la Deuxi5me Conf6rence de ~nvlted to the Second Peace Conference. la Paix.
[Here follows siwatures.]
APPENDIXNO. 2. BY THC PRESIDENTOF TEE UNITED STATES OF AMERIC~. A PROCLAMATION. Whereas a convention respecting the laws and customs of war on land was concluded
and simed at The Hague on October 1% 1807 by tho respective l’lenipotentiarics of tho
United States of America, LFIere folloGb the ii$t of other Sovereiq~ acd Heads of States
who sent Plenipotentiarics to the Conference 1 the orl@nal of which Convention, being in the French language, is word for word as follow~:
[Translation.]
I\*. CO~,NTION 13s IV. CONVENTION THE LAWS
CONCERNANT LOIS RES~ECTINQ
ET COUTWES DE LA GUERRESUR TERRI. AND CUSTOM^ OF WARON LAND.

Le Pri..%dent deS Elals Unis dlAmCripue: Thepresidentof the UnitedStates of Amer-
ica:
[Here follows the list of Sovereigns and Heads of States who sent Plenipotentiaries
to the Conference.) Consid6rmt que tout en recherchant les Seeing that, while seeking means to re-
moyens de sauwiardar la paix et de prC- serve peace and $Tev(?t armed conPcts venir les conflits arm& Pntre les nations, il between nations. i is hheyse nekessary to im orte de se pr6occuper 6 dement dl1 cas bear in mind the case where the appeal to oil?~appelaux armes seraif amen6 per des arms bas been brought about bp events
Bvknements quc leur sollicitude n’aurait pu which their care was unable to avert; detoumer;
RULES OF LAND WARFARE.
him& du d&ir de’servir encore, dms cette hypothbse extreme les mt6r@ts de lJhnmnnit6 et les exigendes toujours pro-
gressives de la civilisation;
Estimnnt qu’il iniporte, h cette fin, de r6viser les lois et cout~unes~ghn6ral8s de la guerre, soit dans lo b.ut de les dBfinir avec plus de pr6clslon, spit afin d’y tracer cer- taines limites destin6es ,&. en restreindre
autant que possihle les rigueurs’
Ont jug6 nOcesssire de compi6ter et de r6ciser slu certains oints l’wvre de la Sremihre ConFrence Be la Paix qoi, s’ins- pirmt, &la sulle de la Conl6rence de Brlix-
elles de 1874, de ces irl6es recommandkes par une sage et gOnerense rOvoyunco. a adopt6 des disnositions nvan-?~our’obiet do d~finir
et de nklnr IPS IIS~B~Sde la mlirre sur terre.
-silon-lis-Gn~s &s Ba~~fbs Parties con-
aux bellig&rants, ‘nnS1eurs rapports entre
ens nt avm Ins no~ulat~ons.
.—-.—.-. 11nla as ete’~ssi~~~~outei+s
de con- certer dgs maintenant des st~pulationss16tendmt5 toutes les circonstances qui se
pr6sentent dans la pratique;
D’autre art ilnepouvait entrer dans les
intentionsks hautes Parties contractantes
des lois de la,gue?re puisse &tre.Bdict6, les Hautes Parties contractantes iueent OD-nortun dn constater aue. dans iescas n6n
gens tels qu’ils rbultent aes usages Ctablis entre nations civ$sbs, des lois de Yhn- to serve as a general rn?e of conduct for the
belligerents in their mutual relations and
in their relations with the inhabitants. It has not however been found possible
at present tA concert kegulations covering
all the circumstances which arise in prac-
tice.
0hthe other hand, the High Contracting Parties clearlv do notintend that unforseen
cases should-in the absence of a written
th5t in cases not included in the Regula-
tiod adopted by them the inhabitants
and th~ bellicerents redin under the Dro- Animated by the desire to serve, even in
this extreme cose, thelnterests of humanitv
and the ever uromessive needs of civilizi-
–
severity as far as possible..
Have deemed ~tneces’sary to complete and ex lainin certain particulars the work of the girst Peace Conference, which, fol- lowing on the l31.ussels Conference of 1874 andinspired by thejdeasdictated by a wid nnd generous forethought, adopled provis- Ions lntended to define and govern the
usages of war on land.
According to the views of the High Con- tracling Parties these provisions the wording of which’has been inspired tiy the des~reto diminish the evils of war as far as military requirements ermit, arebtended
mnnit6 et des exlgences de la conscience of the public conscience.
publique.

Elles d6clarent que c’est dams re sens que They declare that it is in this sense espe-
doivent s’entendre notamment les articlcs cially that Articles I and I1of the Regula- 1et 2 do RBglement adoptC. tions adopted must be understood. Ides Hautes Partleg contractantes, d6sir- The Eigh Contracting Parties wishing to
ant conclure une nouvelle Cbnvention k cet conclude a fresh Convention to’tllis effect
eflet, out nomm6 pour Leurs Pl6nipoten- ],lave appointed the following as their ~leni ti-, savoir: 1potentiaries:-
[Here foUows the names of the Plenipotentiaries.]
Lesquels, aprk avoir d6posk leurs pleins Who, after having deposited their full pouvoirs, trouvC en bonne et due forme, powers found In good and due forh, have
.sont wnvenus de ce quisuit: agreed bpon the following:- ARTICLE PRE~R. ARTICLE1. The Powers
Les Puissances con- Contracting
tractantes donneront 8. leurs forces arm& shall issue instructions tatheir armed land
de terre des instructions qui seront con- forces which shall be in conformity with formes au RBglement concernant :es lois et the Reylatlons res ecting the Laws and couturnes de la guerre sm terrc, annex6 rl Customs of War on%and, annexed to the
la prkente Convention
ART.2. Les dispositions cont0UUes dans le Rhglement vise & l’artlcle ?er ainsl que dans la prbente Convention, ne sont
applicable qu’entre les Puissanm con-
tractantes et seulement ,i les belligbrants
sont tous arties B la Convention.
ART. 3.%a Partie belligerante qui vio- lerait les dispositions dudit Rbglement sera
tenue & indemnlt6, s’il y a lieu. Elle sera
responsable de tous actes commis par les
personnes faisant partie de sa force arm&.
ART.4. La pr6sente Convention dfiment ratifih remplacera, dans les rapports entre
les Puissances contractantes, laconvention
dil 29 juillet 1899 concernant les lois et
ooutumes de la guerre sur terre.
La Convention de 1899 rest6 en vigueur dam les rapports entre les Puissances qui
l’ont sign& et qui ne ralifieraient pas
ealement la prbente Convention, ART. 5. La nrbente Convention sera ratifibe aussit8t-que possible.
Les ratifications seront d6posh 8. La
Uava.
–J —
Le premier d6pat de ratific?tlons scra
constat6 uar un prock-verbal sign6 par les
reprbenfanants dei Puissances ui y ren
nent part et par le Ministre 8;s
EtraneBr~s des Pavs-Bar.
Laud$its&t6rsui de ratifications pe
feront au inoyen d’une notification Bcrlte
adressee au Gouvernement des Pays-Bas
ratifl-
cation. —
Cope certlfise confoxme du procl-rerbal
relatit au premler depbt de ratifications
des notifications mentionn6es 8. l1alin6&
rBcddent ainsi que des instruments de rati-
#.
cation, sera imm6diatement remise par
lessoins du Gouvernement des Pays-Baset
par 1.a vole dip1om;ttique a~ur P~~issances
conv16es b la DeuxlOme Conf6ronce de la
Paix, ainsi u’autres Puissances qui auront
3dh6r6B la 8onvention. Dans les cas vis6s
f ar l’alin6aprQBdent ledit Goi~verncment
eur Ieraconnaitro en m&me temps la date &
laquelle il a rqu la notification.
ART.6. Les Puissances non s~gnataires sont sdmises b adhbrer & la orbente Con-
vention.
La Puissance uui desire adli6rer notifie Tho Power which despes to adhere noti-
ar Ecrit son intintion au Gouvernoment fie: in writme ~ts lntentlon to the Nether- $es Pays-Bas .on 1111 transmettmt l’acte d’a(lh6si?n qui sera depose dam !& arch-ives dudit Gouvernement.
Ce Gouvernement t~ansmetaa rmm6d.1-
atement&toutesles autres Puissauces copie to all the other.Powersa duly certified cop”
certifibe conforme de la notification alnsi ot thenotffication as well as of the act of ad.
ue de l’actc i11adh6sion en iadiquaqt la hesiou, mentioning the date on which it
late B IaqucIIe 11a repu >a notification. received the notification.

RULES OF LAND WARFARE.
ART.7. La pr6sente. Conveutiqn pro-duira effet pour les Puissances qul auront
particip4 &premier dB Gt de ratifications,
soixante jours aprhs Pa date dll.proc&- verbal de ce d6pGt ~t,
ponr les Puis.sances
qui ratlberont ultdr~ouremenr, on qul adhP- reront, soixante jours apres qne lanotific* tion de leur ratiflcatlon ou de leu adhbion aura 6t4 rwue par le Gouvernement des
Pays-Bas.ART. 8. S’il arrivait qu’une des Puis- sances contractantes vouldt denoncer la
presente Conven!lon, la ddnonclat~on sera
notlfiBe par ecrlt au ?ouvemement, des
ART. 7. The present Convention shaU come into torce, in the case df the Powers which were a party to the drst deposit 01 ratifications, s~xty days Gter the date of thc procds-verbal of thisdeposit, and, in the
case of the Powers which rat~fy subse- quently or which adhere, srxty days aiter the notification ot their ratification or 01 their adhesion has been received by the
Netherland Government. ART. 8. In the event of one ot the Con- tracting Powers wishing to denol~nce tho
present Convention the denunciation shall
be notified in wriding to the Netherland
Pays-Bas qul communlquera ~mmddlate- Government whlch shall at once commu-
ment copie certifiee coniolnm de lnnotifica- tion & touts les autres Puissances en leur
faisant savopla.date & laquoll? il l’a re ue. La ddnonclat~on ne prodnlra ses @gets
qu’& l’dgard de la Pmssmce qui l’aya
notiflee et un an apres que la notification
en sera pnrvenue au Gouvernement des
Pays-Bas.ART.9. Un legistre ten11 par le Ministere
des Affaires Etrangeres des Pays-Ras indi- nicate a dn1y)certified copy of the notifice- tion to all the other Powers informingthem of the date on which it wks received.
The denunciation shall only have efiect inlegard to the notifying Power, and one
year alter the notification has reached tho
Netherland Government.
ART.9. A register kept by the Nether-
land Ministry ior Forelgn Afiairs shall give
quera la date dl1 dBp6.t de rntlficat~ons the date of the deposit of ratifications made
elTectuC en vert~i de l’~rt1c1e 5 alln6as 3 et 4 ainsl que ladste & la uelle auront 6tdrepoes les notifications dla&bion (article G allnda 2) ou de ddnonciation (article 8, alhda 1).
Chaque Puissance contractante est ad- mise & prendre connaissmce de ce registre et & en demander des extraits certifib con- iormes.
En foi de quoi, les PlPnipotentiaires ont ln vlrtue of Article V, paragraphs 3 and 4
as well as the date on which the notifica!
tions of adhesion (Artlcle VI aragraph 2)
or of denunciat~on (~rtic~e~i&,~ara~ra~h 1) were received.
Each Contracting Power is entitIed to have access to th~s register and to be sup- plied with duly certified extracts.
In faith whereof the Plen~potentiaries
revetu la prbsente Convention de leurs slg- have appended their signatures to the pres-
natures. ent Convent~on.
Fait & La Haye le dix-huit octobre mll neuf cent sept, en’un seul exemplaire qni restera d6pos6 dans les archivos du Gonyel- nement des Pays-Bas et dont des coples certlfiBes conformes seront remises par 1;
voie diplomatique dux Puissances qui out Btd convi6es & la De~uxiEme ConfBrence de
la Paix.
[Here iollow signatures.]
ANNEXE h LA CONVENTION. Rbglement concernant les lots et coutzlmes de la gume mr terre. SEECIONI.-DES BELLIG~RANTS. CHAPITREI.-Df la qwlitt de belligtant.
ART1CL.E PREMIER. LOSlois, Ies droik et
es devoirs de la guerre ne s’appliquent pas
Done at The Hague, the 18th October, 1907 in a single cop?, which shall remain dep6sited in the archlves of the Netherland Government a~d copes of
duly cert~ed
whichshall bk sent through the diplomatic
Channel, to the ~Awels which have been invited to the Second Peace Conference.
ANNEX TO THE CONVENTION Regulations respectzng the laws and customs
of war on land. SECTION I.-ON BELLIGERENTS. CHAPTERI.-TheQwlifieatzolw. ofBelliger- ents. ARTICLE1. Tho laws, righ.ts, and duties
of war apply not only to arrmes, but also to seukement 8, l’arm6e mais encore aux
milices et aux carpi de volontaires re-
unissant lesconditions suivantex
10. d’avoir 8, lcur tBte une persome re- sponsable pour ses subordonn6s;
20. d’avoir un signe distinctif fixe et re connaissable8, distance;
30. de porter les armes ouvertement et
40. de se conformer dans leurs operations aux lois et coutumes de la guerre.
Dans les pays ofi les milices ou des corps
de volonta~res constituent 11arm6e ou en
font oartie. ils sont comoris sous la den+ minition d’armee.
A

ART.2. La PO ulation d’un territoire non occup4 qui Ella proche de l’ememi,
gmnd spontadment ?es armes pour ?om- attre les troupes d’invasion sans avou eu le temps de s’organlser conformdment & I’article premier, sera cousid6ree comme bellighrante si elle porte les armes ouverte ment et si elle respecte les Lois et coutumes
de la guerre.
ART.3. Les forces arm& des Parties bellighrantes euvent se composer de com- battants et & non-combattants. En cas de capture par l’ennemi les uns et les autres ont droit au traitekcnt des prison-
niers de guerre.
CHAPITRE11.-Des prisonniers de Guerre.
ART.4. Les prisonniers de guerre sont au oouvoir du Gouvenement ennemi.
mais’non des individus ou des corps qui lei ont ca turhs
Us d?oiveni etre trait& avec humanit&.
Tout ce qui leur appartieht personelle- ment, except6 les armes les chevaux et les
papiers militaires. reste ieur oro~ridte.
-ART.5. Les prisonniers de guerre peu- vent Btre assulettis h. I’intenement dans une ville, forteresse, camp ou localit6 quel- conque, avec obligation de ne pas s’en Bloigner au del& de certaines limltes deter- ‘ min6e.s mais ils ne peuvent @tre enIerm6s que pa; mesure de stlrete indis nsable, et seuletnent, pendapt la dur6e %Y circons-
tances qu1n6cessiteUt cette mesure.
ART.6. L’Etat peut employer, comme travailleurs, les prlsonniers de guerre, selon leur grade et leurs aptitudes, 8, l’exceptiondes officiers. Ces travaux ne seront pas excessifs et n’auront aucun rapport avec les
opBfations de la guerre. Les risonniers peuvent Btre autorises 8,
trsvaikerlpour le compte d’administra-
tions publiques ou de particuliers, ou pour leur prbpre compte.
Les travaux faits pour 1’Etat sont payes d’aprk les tarifs en vjgueur pour ies mili-
taires de I’armde nat~onale exhcutant les
m6mes-iravaux, ou, s’il n’en existe pas
d’apres un tarif en rapport avec les travad exBcut6s.
militia and volunteer corps fulfilling the
following conditions:-
1. To be commanded by a person re-
sponsible for his subordinates
2. To have a fixed distinctive emblem
recoenizabln at a distanop: TO cariy arm?op&G. and
4. To conduct their operitions in accord- ance with tho laws and customs of war.
In countries where militia or volunteer corps constitute the arm or form part of
it, they are included un& the denomina- tion “armv.”
ART.2. ?he inbabilants of a territorywhich has not been occupied who on tho approach of the enemy. spont~neouhly takc uparms to resist the invading troopgwith- out havinghad time to organize themselves in accordance with Article I shall be re- garded as belligerents if the; carry arms openly and if they respect the laws and
customs of war.
-4RT. 3. The armed forces of the bellig- erent parties mav conslst of combatants
and n6ncombatafits. In the case of ca ture by the enemy, both have a right to 9;
treated as prisoners of war.
CHAPTER11.-Prisoners of War.
ART.4. Prisoners of war are in the power
of the hostile Government but not of the
individuals or corps who cbpture them.
They must be humanely treated.
A.11 their personal belongings, except
arms, horses, and military papers, remain
.–,
their.property.
ART.5. Prisoners of war may be interned in a town fortress camp or other plxe
and bound not to 60 be dnd certain fixed
limits; but they can not $e confined except
as an indispensable measure of safety and
only while the circumstances which neces- sitate the measure continue to exist.
ART.6. The State mav utilize the labour
of nriqnrwrs of war accordine to their rank
Prisoners may be authorized to work for the ublic service, for private persons, or
on t%eir om account.
Work done for the State is paid at tho
rates in force for workof a similar kind done
by soldiers of the national army. or, if therc are none in force, at a rate accordhig to the work executed. ‘
RULES OF LAND WARFARE.
Lorsoun les travnnx ont lieu Dour le When the work is for other branches of
com~io’d’~ii;ciidGioEtriiidOSj~%~~i~u& rlvate-persons
the public sorvice or for
ou pour dcs pilrticulicrs les condilions en the conditions are settle2 in agreement
sont regleos d’occord udec I1autorit6 mili- with the military authorities. taire. –
Le salaire des prisonniers contrihuera 8, The wages of the prisoqers shall o to
adoucir leur position, et le surplus !eur sera wards improving their position an8 the
comple au momen! de leur liht?ratlon, sauf balance shall be pa~d them on thdirrelease
defalcation des frals d’entretlen. after deducting the cost of their maint;
nanco.
ART.7. LO Gourernomcnt au pouvoirduquol se lrouvent ics prisonniors de guerre
ost charge dn leur ol~tretien.
A delaut d’unn rl~tr~lto cntre les
.;l,i.~~alc belligerants Ies prisonniersho guerre seront
traites pod la nourrlture .le couchage et
l’hablllemeut, sur lo m&lho pied que les
troupes du Gouvernement qui les aura
captures.ART.8. Les prlsonniers de guerre seront soumis aux 101s reglemenls et ordres en
vigueur dans 11a;m6e de 1’Etat au pouvoir
duquel ils se trouvent. ‘rout actq d’in-subordination autorise, 8, leur Bgard, les mesures de rigueur n6cessaires.
I.cs priqonnicrs 6vndi.s qui scr~icnt rr- pris avant d’avoir pu rej6indre leur ar~nee
ou avant de quitter lo terriloire occupe par
l’arm8e aui lG auracaatur6s. sont aaisi6les
connee.
ART. 11. Un orisonnier de euerre ne peut Btre contrLint d’accepter :a llbert6 sur parole; de mBme, le Gonvornement enuemi n’est pas obl~gti d’acceder B la demandc du prisonnier reclamant sa mise en libert6 sur parole.
ART. 7. The Government into whose
hands prisoners of war have fallen is
charged with their maintenance.
In the absence of a special agreement between tho belligerents prisoners of war shall be treated as regards board lodging and clothing on the same footdg as thi lroops of the Government who captured
them.
ART. 8. Prisoners 01 war shall be subject
to the laws regulations and orders in force
in the arm’y of the ~tdte in whose Dower they are. Any act of insubordinaticih jus- ‘
lifies the adopt,ion towards them of such measures of severity as may be considered
nccessarv.
-.-…
Esoap;?d prisoners who are retaken before being able to rejoin their own army or
before leaving the territory occupied by
the army which captured them are liable
to disciplinary pumshment.
l’risoners who, after succeeding in esca ing, are again taken prisoners, are not lis& to any punishment on account ofthe pre- vious flight.
ART.9. Every prisoner of war is bound
t.o give if he is questioned on the subject his tru; name and ram, and if he infringe; this rule. he is liable to have the ad-
antages ‘given to prisoners of his class
.-.. -. .–.
ART.10. Prisoners of war may be set at liberty on parole if the laws of their wun- try allow, and, in such cases, they are
bound, on their personal honour. sciupu-
louslv ‘to fulfil. both towards their o-m
Govkment and the Government bv
whom they were made prisoners, the en-
gagements they have contracted.
In such cases their own Governmht is bound neither to r?qu.ire of nqr acc?ptIrom them any servlce mwm~atlble wlth the parole given.
ART.11. A prisoner of war can not be wm eUed to riccept his liberty on parole; simifarly the hostile Government is not obliged to accede to the request of the prisoner to be set at liberty on parole.
RULES OF LAND WARFARE.
ART. 12. Tout prisonnier de guerre,
lib6r6 sur parole et reprls portant les armes
conke le Gouvemement envers lequel il
s16tait engage d’homeur ou contre les
allies de celui-ci, qerd le’droit au kaite-
ment des risonn~ers de guerre et peut
&re traduifdevantles tribm,aUX..
ART. 13. Les md?vldv qui su~vent upe
arm6e sans en fare duectement partle,
,tels que les correspondants et les reporters
de iournaux. les vivandiers. les fournis-
snuis. aui tbmbent au oouboir de l’en-

ART.15. Les soci6te de secoiirs nonr IPS ART. 12. Prisoners of war liberated on
be treated as prisoners of war. and Fan be brought before the Courts. ‘ ART.13. Individuals who follow an army
without directly belonging to it, such as newspaper correspondents and reporters sutlers and contractors who fall into thi enemv’s hands and khom the latter thinkb expedient to detain are entitled to be treated as prisoners of kar provided they are in possession of a certdcate from the military authorities of the army which
they were accompanring.
ART. 14. An in ulry office for prisoners of war i? institute3 on the commencement
of hostilities in each of the bellieerent
prisoners. It receives ffom the various services concerned full information resoect- ine internments and transfers. releases on-parolo exchanges, esca es, ahmissions intohospital, deaths,= weE as other infor- mation necessary to enable i,t to make out and keep up to date an ind~vldual rehu for each’~r&oner of war. The office must state in this return the reeimental number.
character. Tiie individual return -shall be sent to the Government of the other
belligerent after the conclusion of peace.
It It likewise the function of the inquiry
office to receive and collect all objects of
personal use valuables letters &c.,
found on the held of battl; or left b)y prls-
oners who have been released on arole or
exchanged or who have escape8 or d:ed
in hospitah or ambulances, and td forward
them to those concerned.
ART.15. Relief societies for risoners of
prisonniers de guerre rbguli&r~rne’nt<6~ war which are properly constibted in ac- aitubes selon la loi d& leur ays et ayant cordance wlth the laws of thelr country pour objet dl&tre les intcrm6f;laires de I’ac- and with the ob’ect of serving as the chan- tion charitable recevront de la part des nel for charitable effort shall receive from
bellig6rants dur eUes ot ;our ieurs agents
dhent acc$dit&. toute lacilitb. dans les
necessities and administrative rZgulat!oni.
Agents of these societies mav be admltted
admis Ldistribuer des seciurs dans les to-the places of internment fbr the purpose
RULES OF LAND WARFARE,
dBp6ts d’internement ainsi qu’aux lieu
d’btape des prisonniek rapatries moyen-
nant une permission personnelle) delivr6e
par l’autorlt6 militaire et en prenant I’en-
gagement par Bcrit desk soumcttre 8,toutes
les mesures d’ordre et do police quo celleci
prescrirait.
ART.10. bureaux de renseignements jouissent de la franchise de port. Les let-
tres, mandats et artlcles d’argent, ainsi que les colis postaw destines aux prisonniers de guerre ou evedies par em, seront affranchs do toutes les taxes ~ostales. aussi bien dans les pays d’origirie et de destination que dans les pays ysnterm6di- &Ires.
Les dons ct sccours en nature destines nux prisonnien de grlerre seront ndmis en
franchise do tous clroits dJentrCa el autrcs. ainsi ue des taxes de transport sur les ch& mins%e fer exploites par 1’Etat.
ART.17. Les officiers nrisonni~rs rere-
vront la sdde 8, la uene -one droit -iis
offic~ersde meme gra% du pays oh ils sont
retenus, B charge de remboursement par leur Gouvemement.
ART.18. Toute latitude est laissee am
orisonniers de euerre oour l’exercice de leur
ART. 19. Les testaments des orisohiers
mation des prisonniers do fuel-fe en tenant
compte de leur grade et de leur ;ang.
ART.20. Aprh la conclusion de la paix, le rapatriement des risonniers de guerre s’effectuera dans le pl% bref delai possible.
CnAPITRE 1II.-Des malades et des blessds.
CHAPIREI.-Des moyens de mire a I’en-
nemz, des sibges et des bombardments.
ART.22. Les belligerants n’ont pas un droit illirmte quant nu choix des moyens de nuire b I’ennenu.
in writin to comply wit6 all measures d
order an% ~olice which the latter msv
issue.
ART.16. Inquiry offices enjoy the privi- lege of free ostage Letters money ord- ers and vahbles ‘as well &parcels by poit intended for ‘risoners of war or dk-patched by them gall be exempt from all ~ostalduties in the countries of oriein and aestination. nswell as in the countries thev
pass through. Presents and relief in kind for risoners
of wnr shall be admitted free of a{ import
or other duties. as weU as of payments for
carriage by the State railways.’ ART:17. Ofacers taken ~risoners shall re-
ART.18. Prisoners of war shall enjoy
complete liberty in the exerch of thew
relieion. ineludme attendance at the serv-
ART.19. The wills cB~risonersof war are
received or drawn up h the same way as
for soldiers of the national army.
ART M After the conclusion of peace
the repatrhion of risoners of warshall d
carried out ss quic!ly as possible. CHAPTER The Sick and Wounded.
111.-
ART.21. The obligations of belli ersnts
wlth regard to the sick and wounjed are
governed by the Geneva Convention.
CHAPTERI.-Mean8 ofInpn’ng the Enenzy,
Sieges, and Bovzba~dment8.
ART.22. The right of beUigerenE .to adoptpleans of mjurlng the enemy snot unlimited.
RULES OF LA1
ART.23. Outre lcs prohibitions 6tablios par des conventl?ns sp&iales, il est
notsmrnent interdit:
a. d’emvloyer du poison ou des armrs
e%poGonn6es;
b. de tuer ou de MWer par trahison des
individns avoartenant B la nation
oug l’a~mee’e~emie.
c. de her ou.de blesser I& ennemi qui,
a m1:mis bas les armes ou n’ayant p&s les m?yens.de se dAlendm, s’est rend118, discretion;
a. de declarer au’il ne sera pzs fait de
qiiartier-d9emPloy& d,es armes, des projectiles
ou des mstlhrer propres A causer des
mmix superflus. d’user indnment ‘ du pnvillon parle-
mentaire du pevillon national nu
des insihes milit?ires ot de l’uni-
forme de l’enneml, alnsl qlle +?s
sienes distinctifs de la Convention
dg GenOve.
g. do d6trui~o du de saisir des propri6tfs
ennemies sanf les czs oil ces dcstruc-
tions ou ‘ces saisies seraient im 6
rieusement commandees par fe;
n6cessites de !a slerre’
h. de dPclarer 6te& su$endus ou non
recrvsbles en jdstice les droits et
aetiok des nationauk de la I’artie
adverse.
I1 cst Bgalement interdit b un belli @rut
de forcer les nationaux de la Partie =$verse
$ prendre part aux opbrationr do perre
diri46es contre leur ays. m6me dans le rs oil ils rruraient BtB % son s6rvicc want le commeuremeilt c?e la ierre
ART. 24. IIns rus?s 8’e guirre et llemploi des mopens necessaues pour se procurer des
reqsciqements sm l’enqemi et S3r le ter-
rain sont consid6rk comme licites. ART. 25. I1 est interdit d’attacruer ou de
ART. 23. In addition-to the prohibitions
provided by s ecial Conventionk, it is
especially forbigden-
(a.)To employ poison or poisoned,we8 om;
(b.) TO kilfor wound treacherous1 indi viduals belonging to the %ostile
nation or army. (c.) To kill or wounh an enemy who having laid down his arms, o;
having no longer means of defence,
has surrendered at discretion;
(d.) To declare that no quarter will be given
(e.) To embloy arms, projectiles or
material calculated to c’ause
enemy;= well as the distincti~e
badges of the Geneva Convention;
ART 27. In sieges and bombardments all nec’essary ste s must be taken to spate as far as possibg buildings dedicated 16 rellgion art scidnce or chantable pur- poses, hstorlc monu&ents hospitals, and places where the sick and woundcd are
collected provided they are not being used
ac the tike for military purposes.
It is the dut of the besieged to indicate
the presence oLuch buildings or places by
RULES OF LANP WARFARE,
signes visibles speciaulr qui seront notifibs
d’avance B l’ssslegeant.
ART 28 Il est interdit de liver au $~agQuie viUe ou localit6 meme prise
~wsaut.
CH~TBE espions.

II.-Des
ART. 29. NO eut &tre consid616 comme espion que 17in&vidu qui, agissant clandes- distiictiveand vjsiblesigns, whichshau be
notilied to the enemy beforehand.
ART. 28. The p~llage of a town or lace, even when taken by assault, 1s prohihod.
CHAPTER11.-Spiea. ART. 29. A person can only be considered
a spy when, actingclandastmely or on false
tinementou sousdefauxpr6textes,recueille pretences, he obtains or endenvours to ob-
ou cherche & recueillir des informations tain in,€ormation in the zone of operations of
dans la zone d’op6rations d’un belhg6rant a bell~gerent with the iutentlon of com- avec l’intantion de les comm-quer 8. 1;. municating to the hostile party. Partie adverse.
Ainsi les militaires non d6guis& qui out Thus soldiersnot wearingadiSguise who penetr6 dans la zOne d10p6rations de have pknetrated into the zone of operations l’armh ennemie, & l’effet de recueillir des of3he hostlle army, for the purpose of ob- informations, nesont par consid6rb comme talping information, are not considered espions. De mbme ne sont pas consid6r8s spies. Similarly the following arenot con- comme espions: lei militaires et les non sldered spigs: ~ofdiers and civilians. carry-militaires, accomplissant ouvertement leur lng out thelrmissionopenly intrusted with mission char b de transmettle des dB- the depvery of despatches $tended either p&ches ~estindes, soit & leur propre almbe, for thenownarmyor for theenemyJsarmy. soit & l’arm6e ennemie. A cette cat4gorie ,To tl~isclass belong likewise ermns sent m
appartiennent 6galement les individus en- voyb en ballon pour transmettre les d6- p&ches, et, en g6n6ra1, pour entretenir les communications entre les diyemes parties
d’une arm& ou d’un territoire. ART. 30. L’espion pris sur 18 iait ne pourra 6tre uni sans jugement pr6alahle. ART.31. 8espiOn qui, ayant rejoint
I’arm6e b, laquelle il appartient, est capture plus ta* par l’ennem~, est tra1t6 comrne prisomer de guerre et n’encnurt aucune responsabilite pour ses actes d’espionnage
ant6rieurs.
CHAP~TRE pa~lemntai~es.
In.-Des
ARL 32. Est consid6r6 comrne parle-mentaire Yindividu autorise par l’un des belligbrants & entrer en pourparlers avec I’autm et se prhntant iveKle drapeau blanc. I1 a droit Bl’inviolabilit6 ainsi aue 10 tlompette, clniron ou tambour, 10 drnpeau et I’interpr&te qu~ I’accompagne-rai~nt.
ART.33. L3 chef auquel un parlemen-taireest exp8di6 n’est pas oblige de le rece- voir en toutes circonst-antes–
I1 peut prendre toutes les mesures n6ces- saires afin d’emp&cher le parlementalre de profiter de sa mission pour se renseigner.
I1sle droit, encas d’abus, de retenir tem- porairement le parlementaire. ART. 34. Le arlementaire perd ses droits
d’inviolabilit8Ps’ilest rouv6 d’une mani- &re positiveet ;rrbcusa&e, qu,il a profit6 de sa position privil6gib pour provoquer ou commettre unacte de trahison.
balloom for the purpose o?earrying des-
p~tcbes pnd, generally, of mamhimgcommunications between the different parts of an army or a territory.
ART.30. A spy taken in the act shallnot be punished w~thout previous trial.
ART.31. A spy who after rejoining the army to which he belohgs, is subsequentlycaptured by the enemy, IStreated as a pris- oner of war, and mcursno responsibility for
his previous acts of espionage.
CHAPTER111.-Flag,? of Tme.
ART.32. A person is regarded asbearinga flag of truce who has been authorized by one of the belligerents to enter into com- munication.with the other, and who ad- vances bezrirr a white flag. He haq arieht to ~l~l~lnblll~y,
as weu gs tthe trnmpeier;
bugler or drummer, the fag-bearer and in- lerprrter who may accompany him. ART.33. The ~0Inm~nder
to whom a flag
of trllce issent is not in aU cases oblirred to
–
receive it.
He mav take all the necesqarv stens to prercnt <he envof6kingad~~ttn~icro’iih~miss~onto obtaln informnt~on.
Incaseofabuse,he has theright to debin the envoy temporarily. -ART. 34. The envoy loses his rights of
inviolability if it is proved in a clear and incontestable manner that he -.hrlq. takpn-..
. -. .-
advantage of his privileged position to pro- voke or commit an act of treachery.
163
CHAPITRE1V.-Des capitulations. C-EB IV.-Capitulations.
agreed upon be- lea Parties contractantes d01ve.n.t tenu tween the contractlug parrlcs must take cnrnpte des regles de I’honneur m~htaire. into account the rulesolmilitary honour.
Une fois fix&, elles doivent 6tresccupu- Once settled they must be smpulously ART.35. Les capitulations arr&tdesentre ART.35. Capitulatio~~~
leusementobserveesparlesdeux Partles. observed by b;th parties.
CHAP~~RE l’a~mi8liee. C-EE V.- armistice^.
V.-De
ART.36. L’armistice sus~end lea 0~6ra- ART.36. An armistice suspends military
tions dn euerre mar un acobrd mutuei des operations by mutual agreement between
Si la dur6e n’nn est not defined the belligerent parties may re- ~ar~i~~-h~llie8pa’nt.es. the belligerent partie~. If its duration is
sume operkions at any time provlded
always that the enemy is waked within
averti’sn temvs wnvenu. conformdment the time agreed upon in accordance with aux conditions’de l’armistice. ‘the terms of the rrrmistice. ART.37. L’armktice peut Btre general ou ART.37. An armistice may be general oP
local Le remler sus end partout les local. The first suspends the militaryoperitions guerre des Etatsbemgtrrants o erations of the bell1 erent States every le second seulement entre certaines fracl wsere. the second ody between certaln
tions desJarm6es belligerantes et dam un fractidns of the belligerent armies and rayon determine. within a fixed radius. ART.38. L’armistiee doit &tre noti6 ART.38. An armist;ce must be notifled officiellement et en temps utile aux auto- 05cially and in good tlme to thecompetent
rites competentes et aux troupes. Les authorities and to the troops. Hostilities hostilites sont suspendues imm6diatement are suspended immediately after thenotiti- aprb la notlflcation ou au tenq fib. cation or on the date fixed.
ART 30. I1 dB nd des Partles contrac- ABT:~~.It rests with the contracting tantes.de fixer gns les clauses de l’nrmis- partics to settle in the terms of the armis- –
tice lcs rapPo& qui pourraient avoir lieu tice what com&unications may be held in sur fe thatre de la guerre, avee les popula! thetheatreoi.war with the inhab~tantssnd tions et entre elles. between the inhabitants of one belligerent
State and those of the other. ART.40. ~oute violatioa qave de I’ar- ART.40. Any serious violation of the mistice par I’une des Part~es, donne h. armistice by one of the parties gives the
I’autre fe hit de le d6noncer et mhe. en otherparty theright of denouncingit and cas d’urgence de reprendre immtSdiate- even m cases of urgency, of recommedcing ment les hostliit6s. hostilities immediately.
ART.41. La violatioq. des elauses de ART.41. A violation of the terms of the l’armistice, par des partlculiers aglssant de armistice by privateporsonsacting on their leur propre initintive, donne droit seule- own initiative on1 entit!es the injured ment h. rBclamer la punltion des coupables party to donpand tKe punishment $ the et s’il y a lieu une indemnite pour les offenders or IP necessary, compensation for pirtes 6prouvees). the losses dstained.
SECTION 111.-DE L’~UTORIT~ SECTION OVER
MII.ITAIRE 111.-MILITARY AUTHORITY
SUR LE TERRITOLREDE L’ETAT ENNEMI. THE TERRITORYOF TEE HOSTILE
STATE.
ART.42. Un territoire est consider6 ,ART.42. Territory is considered occu-come occupe lorn u’il se trouve place de pied when it is actually placed under the fait sous lJautorit6 Be I’armee ennemie. authority of the hostdearmy.
L’ocoupation ne sYtend u’au terri-The occupation extends only to the terri- toires oil cette autorite est 2tablie et en torv where such authoritv has been estab- mesure de s’exercer.
ART.43. L’autorit6 du pouvoir legalaynnt pass6 de iait entre les mains de l’oc- cu ant celuici rendra toutes les mesures
8u? leiendent d)e lul en we d? r6tablir et measures in his power to restore, and en-
‘assurer, autant qu’il est poss~ble, I’ordre sure as far as possible, public order and
et la vie ublics en respectant, sauf em- safe&, while respecting, unless absolutely
~men~absolu, prevented, the lams in forcein the country.
les loia en vigueur dans
epays.

ART.44. I1 est interdit h. un belli Brant ART.44. A belligerent Is forbidden to de forcer la population d’un territofre oc-force the inhabitants of territory occupied
ND WARFARE.
by itto furnishinformation about the army of the other belligerent, or about its means
of defenca . .
.-… .-.
ART.45. It is forbidden to compel the inhnbltants of occuplrd tonitor~r to smear alloginnce to the hostilo Powor.
ART.46. Family honour and rights the lives of persons, and private propert$, as mcll as religious convictions and practice, must be respected.
Private property cannot be confiscated.
ART. 47. Pillage is formally forbidden.
AR~.48. If, in the territory occupied, the Occupaut collects the taxes dues and tolls
imposed for the benefit df the’state he
shall do so as lar as is possible in ac;ord- ance wth the rules of assossmeit and inci- dence in folce and shall in consequence be bound to defr& the expenses of the admin- istration of the occupied territory to the same extent as the legitimate Govel-nment mas so bound.
ART.49. If,inagdltioq to the taxes men- tioned in the above ArLlcle the occupant levies other money contridutions m the occupied territory this shall only be for
the needs ofthe why or of the administra-
Ewation de ce territoire: ART. 50. Aucune peine collective ,px-tion of the territory in question.
niaire ou autre. ne Dourla Btre -b.-.wtPa….-ART.50 No general penalty pecuniary
coutre les popdalion> il ~nison do hits individueis dont ellcs ne.pourmient 6tro considerdes comme solidairemeut respon-
rahlrrs
“–.–.
ART. 51. Aucune coritribution. ne sera percue qu’en vertu d’url ordre Ecrlt et sous la responsabilitt5 d’un g6ndral en chef.
I1 ne sera procedc autant uo possible or otherGise, shall be iniiicte6 upon the population on account of tile acts of indi- viduals for which they cannot be regarded as j6intly and severally responsible.
ART. 51. NO contribution shall be col- lected except under a twittitten order and
on the responsibility of a oommandbr-in-
ohipf
The collection of the said contribution
de l’assiette et de la rdpartltion des lmpOts
Lm “lrnlCllV
-. —.
Pour toute contributlon, un repu sen delime aux contribuables. ART. 52. Des requisitions en nature et des services ne oourront Qtre rt5clamPq dw
prenare part Gui operations defa guerle contre leur oatrie.
Ces r6ou&ltions et ces services np wront
paiement des ~ommes-dues sera etiectue leplus t6t possible. ART. 53. L’armde qui occupe un terri-toire ng poma saisir que le numeraire, les
$ cette perccptlon 6ue d7+pr8s les 16~k-i shall only be effmted as far as possible in
accordance with the rules of assessment and incidence of the taxes in force. For every contributionareceipt shall be given to the contributors.
ART.52. Requisitions in kind and serv- ices shallnot be demanded from municipal- ities or inhabitants qxcept for the needs of the army of occupation. They shall be in
pro ortion to the resources of the counfry anzof such a nature npt to involve th;
inhabitants in the obligation of taking part in military operations against their own country.
Such requisitions and services shall only bo demanded on the authoritv of the com-
amount due shall be made as soon as
ART.53. An army of occupation can on1 y take possession of cash, funds, and realiza-
–
RULES OF LAND WARFARE. 165′
siolinements et, in e6n6ral. toute ~foiIri6t6 erally.
mobilihre de llEtat-de nahe h sirvir aux
droit maritime les d6p6t.s d’armes et en e6n8ral. toute’ es&e de muuitions) de yeme ‘peuvent &re saisis mdme s’ils appariiennent h des persohes privges, mais devront &re restitugs et les indem-
nit& seront reglees 9. la paix.
ART.54. Les cibles sous-marins reliant un territoire occup6 8. nn territoire neutre ne seront saisis ou d6t~its que dans le cas
d’une llCcessit6 absolue. Ils devront 6gale’ ment 6tre restitn6s et les indemnit6s ser0nt
reglees b, la paix.
hT. 55. L’Etat occupant ne se c0nsi- dhrera que comme administrateur et usulmitier des6dfices publics, immeubles, the Stathte which mav be used for lliilifarv
navd law dep6ts of arms and, generally, all kinds )of ammunition )of war. mav be seized even if they belong to private hdi- viduais but must be,restored and coin-
pensatiAn fixed when peace is made.
ART. 54. Submarine cables connecting
an-occupied territory with a neutral terri-
tory shall not be seized or destroyed except
in the case of absolute necessity. Theymust likewise be restored and compensa- tion fixed when peace is made.
ART. 55. The occupying State shall be
regarded only as administrator and usu- fructuary of public buildings, real estate
forbts et exploitations agricoles aPpZrte- forests and agricultural estates belongin;
nant k 1’Etat ennemi st se,trouvant dans le pays occup6. I! dema sauvega:d!r 10 fonds de ces proprl6t6s et 10s admmlstrer
conforrnbment aux rhgles de l’usiifruit.
ART.56 Les biens des communes ceux des 6tabl;sements cons~cr6saux cdtes, 8,
12 charit6 eta l’instruct~on. aux arts et aux
sciences, .m&me ap artenant 8, l’Etat, seront trait& comme?a proprigte privge. Toute saisie destruction ou d6gradation
to th< hostile State, and situated in the occk~pied country. It must safegnard.the capltal of these roperties and admbster- thetli fi accorlance with the rules of
usufruct.
ART.56. The property of municipa!ities, that,of institutions dedicated to rel~glon
chanty and educat~on, the arts and
sciences, even when State property, shall be trhated as private properrp.
A11 seizure of,,destfuction or,milful dam-
intentioaneue’ de semb!abl$s Btablisse- age done to institut~ons of thls charakter, ments, de monuments hlstoriques, d’cou- hlstorlc ,monuments, works of art and TICS d’art et de science, est interdite et dolt science 1s forbidden and should be made
@tre poursu~vie. the sudject of legal $roceedings.
APPENDIXNO. 3.
BY TEE PRESIDENT OF TEE UNITED STATES OF A~IERICA. A PROCLABIATION. Whereas a Convention respecting.the rights and duties of neutral owers and persons in case of war on land wsconcluded and slgned at The Hague on 8ctober 18,1907 by
the respective Pleni otentirwes of the United States of America, [here follows a ldt of
other ~0verei~nsani)Heads the
of States whosrnt Plenipotentiaries totheconference
original of which Convention, being ih the French language, is word for word asfolkows: [Translation.]
\-. CONVEVTIONCONCERNANT V. CONVENTION THE RIG~TS
LES DROIT~ RBSPECT~NG ET LES DEVOIRSDEY PLISSANCES ET Ah.?)DUTIESO)F NEUTRALPOWERSAND DES PERSOXNES EN CAS DE lSCASE OF WAR ON LAND.
NEUTREY PERSONS
GUERRE SUR TXRRE.

Le Prbadent des Eta’tats- Unis d’A-ipzce: The Plesident of the ~Aited States of
America:
[Here’f0llows a list of other Sovereigns and Heads of States who sent ~lenipolentiaries
to the Conferenc~,.] -. En ruo de mieuxpr6ciscr les droits el Ics \Virll a view tolnying down more clearly
devoirs des I’uissances nentre sen cas de the rights and dut~es of neutral Polversin
166 RULES OF LAND WARFARE.
I
guerresur terre et de r6gler la situation des beUia6rmts r6fugi& en territoire neutre;
D&imnt Qgalement d6tlnir la qualit6 de
neutre en attendant qu’il soit possible de
rdgler dans son ensemble la situation des
particuliers neutres dam leUrs rapport3
avec les bellig6rants;
Ont r&olu de conclure une Convention & cet effet et out en cons6quence nomm6
pour Leurs Pldpotentiaires, savAir:
mere follo~vs the names of Plenipotentla Lesquels aprbs nvoir dfposE lours pleins
pouvoirs tbuvtcs en bonne et due forme,
sont convenus des dispositions snivautes:
CHAPITRE1.-DES DROITSET DES DE-

VOIRS DES PUISSANCESNEUTRES.
ARTICLEPREMIER.LB territoire des

Puissances neutres est inviolable.
caso of war on land and regulating the posi- tion of the belligerents who have taken
refuge in neutral territory’ Being likewise desirous’ of deflning the
memng of the term 6’neutral”, pendingthe possibility of settling in its entiretythe psiti09 of neutralindivlduals in thei;
relat~ons with the belligerents’
Have resolved to conclude ;convention
to this effect and have in come uence appointed thb following ‘as their &nip;
tentiartes:
rries.]
ART.2. I1 est interdit aur belli~drants
do fnire Dasser h. travers le territoire d’m
I’uissance neutre des trouprs ou dcs con-
vois, soit de mlmitions, soit d’approvision- nements.
ART. 3. n ost Qgalement interdit rrux
bellig6rants:
a. d’installer sur le territoire d’une Puis-
sanon ncutrn une statiofi radi+t61&
naphique ou tout apparcil destine
& servircomme moyen de communi-
cation avec des forces belligkantes sur terre ou sur mer;
b. d’utiliser toute installation de ce
gonre Btabllepar eiuc avant la guerre s!lrle tcrritoiro dola Puissflnceneutre dans linbut exclusivement militairo et ui n’a pas Ct6 ouverte au servicd
deyacorrespondance pohlique.
ART. 4. Des corps de combattnnts no
penvel~t Btre formds, ni des bpe?u_u d’en-
rblement otwerts, sur le territolro d’une
Puissance neutre au profit des bellig8mnts.
ART. 5. Une Puissapco neutre no doit t318rer SUP son territolre awun des actes vises par les artides 2 h. 4.
Elle n’est tenue dc punir des sctes con-
tmires 9.la neutraht4 que si ces actes ant
6td commis sur son propre territoire.
ssnce nautre n’est’ pas engagfo par 1e iait nue des individlls passent isol6ment la IrontiPre pour se mettro nu service de l’un
6pq.-b~llioPrant9
–
ART. i?-i?ne-~oissance neutre n’est pas hue d1cmp6cher I’e~portation ou le kan- sit. plnr le rom~te de l’un ou deyautre des
lwlliz6rants, d’armes, de mun~t~ons, et, en
pi.n6ral, do tout ce quipent Bbe utile h une arm& ou h une flotte.
Who, after $aving deposited their full
powers, found in good and due form, have
agreed upon the following provisions:- CHAPTERI.-THE RIQHTSAND DUTIESOF
NEUTRALPOWERS. T!m3-temtory of neutral
of mar or supplies across the territory of a
neutra?Power. ART. 3. Belligerents are likewise forbid-
rlan to.
—–.
(a,) Erect on the territory of a neutral
Power a wireless telegraphy station or
other apparatus for the purpose of wmmu-
nicating with belligerent forces on land or
sea; (b.) Use any installation of this kind
established by them before the war on the territory of& neutral Power for Durelv mili- tary purposes, and which hcis not been
opened for the service of public messages.
ART. 4. Corps of combatants cannot be formed nor recruiting a encies opened on
the territoryof aneutral sower to assist the
belligerents.
ART.5. A neutral Power must not allov
any of the acts referred to in Articles II to
IV to occur on its territory. It is not called upon to punish acts in
violation of its neutrality unless the said apts have been committed on its own ter-
rltory.
ART.6. The res~onsibilitv of a nelltral
Power is not engaged by thewfact of persons
crossing the frontier separating to offer their services to one of the belligerents.
ART. 7. A neutral Power is not called upon to prevent the export or transport, on behalf of oneor other of the belligerents, of arms, munitions of war or, m generalof an thing which can be of use to an arm; or a Let.
RULES OF ZAND WARFARE.
An* 8 Trnn 7’ni.wanrn nnutrn n’pst nes ART 8 A neutral Power is not called
phleils de teiegraphle sans til-qui soit belonging to it or to Companies or private solt sa propri4t4, soit,celle de bornpa#& individuals.
nn dn nartirnli~rs.
appliquees par elle aux bellig6rants. by it to both belligerents- —
La Pnissancn nentre veillera au rres~nct A neutral Power must see to the same dela m~Giolii~atiodpGlis obligation being observed by Compnuies
compasniesou particuliers proptietaires de ctlbles t6lf- or private individuals owning telegraph or
maphiques ou t616phoniques ou d’nppa-telephone cnbles or n~ireless teleglaplly ap- feili de7t4l6 aphie sans a. paratus.
ART. 10. Re peut etre coi1sid6r4 come ART.10. The fact of a neutral Power re- un acta hostile le fait par une Puissance sisting even by force attempls to violate neutre de repousser ‘m~me par la force, its ne&trality cannot be regarded as a
les attiintes B sa neutralit&.
CEL~PITRE IRTER-
TI.–.DES BELLIG~~STY N6S BT DES BLESS69 SOIGNdS CHTZ LES NEUTRES.
ART.11. Ida .P~iissance neutre qui reqoit surson territtolro des kcupes apudrtenant aux arm6es belligerantes les &internera autant que possible, loin du thghtre de la
guerre.
Elle ouma les garder dms des camps, et meme Es enfermer dans des forteresses ou
dans des lieux appropri8s B, cet cllet. Ello dkidera si les olliciers peuvent Btre
laisses Libres en prenant I’engagnmeut sur parole de ne p!s quitter le territoire neutre
sansautonsatlon. ART.12. A defaut de convention speci-
ale. la Puissance neutre iournim aux In-
”
ART. 13. La ~uissan& neutre qui rqoit
des prisozmiers de guerre &ad& les laissera
en libert6. Si elle tolere leur s,4jour sllr
son, territoire, elle peut leur asslgner une
rhdence.
La meme disposition est applicable aux prisonniers de guerre amen& par des
troupes se refugiant sur le territoire de la
Puissance neutre.
ART.14. Une Puitqance neutre onilrra autoriser le passage GGnGZitoh-ies bless&oumaladesappartenantauarmLIes
bellig6rantes. sous la rberve sue fes trains qui les ambnemnt ne tmnsporteront ni personnel, ni materiel de guerre. En
Dareilcas. la Puissanoe neutre est teuue de :rendre I& mesures de sllret4et de con- trdle n4cessaires 8. cet eflet.
hostile act.
CHAPTER 11.-BELLIGERENTS INTERNED
AND WOUNDEDTENDED IN NEUTRAL
TERRITORY.
ART.11. A neutral Power which receives
on its territory troops belongmg to the
belligerent armies sh2ll intern them as far as possible, at a distnnce flom the iheatre of war.
It may keep them in camps and even confine them m fortresses or in places set apart for this purpose.
It shall decide whether officers can be left at liberty on giving, their parole not to leave the neutral territory wlthout per- mission.
ART. 12. In the absence of a special Con- vention to the contrary the neutral Power shall supply the inte&$d with the io?d, clothing, and relief re wed by humanity.At the wnclusion 3peace the expenses caused by the internment shall be made
good. –
ART.13. A neutral Power whichreceives escnped of war sbaU leave them at liberty. Ifit allo\vs them to remain in its
territory it may assign them a place of
residence.
The same rule applies to prisoners of
war brought ‘by troo s taking refuge in the
territory of a neutrathower.
ing them shall carry neither personnel Or
war material. In such a case. the neutral

Power is bound to take whatei.er%&xei
of safety and wntrol are necessary for the purpose.
Les bless& ou malad? amen& dens ces conditions sur le terr~toue neutre par un des bellig6rants, et qui apparti0IIdL’alent 8. la artie adverse devront @tre gard& Par la $uj,ance neitre de maniare qu7ils no puissent de nouveau prendre pt aux
operations de la guerre. (20th Ulssance aura les m@mes devoirs qUant aux bless&
ou malades del’autre qui luisersient conflb.
ART 15. La Convention de Qen8ve s’a pliquertuli malades et aux bless& inter& sur terrltolre neutm
ART.16. Sont consid6r& comme neutres
les nationaux d’un Etat qui ne pmd pas part 8. la guerre.
ART. 17. Un neutre ne peut pas se pr6- wloir de sa neutralit6;
a. s’il commet des actes hostiles contre
un bellig6rant;
b. s’il commet des actes en faveur d’un bellig6rant notamment s’il prendvolontaire&ent du service dam les rangs de la force armhe de l’une des
Partles.
En pareil cas le neutm ne sera pas trait6 plus rigo&eusement par le bellig6- rant contre lequel il s’est dbparti de la neutralit6 que ne pourrait lJ@tre 8. raison du m6me fait, un national de l’abtre Etat bel11gBant.
The sick or wounded brought under
these conditions into neutral territory by One of the belligerents, and belon mg to the hostile party must be the neutral Power sb as to ensure their not t~king art again inithe military operb tlOnS. $he same duty shall devolve on the neutral State with regard to wounded
or sick of the other army who may be
committed to its care. ART. 15.. The Geneva Convention ap-
plies to sic$ and wounded interned m neutral terntory.
ART.16. The nationals of a State which
isnot taking part in the war are considered asneutrals.
ART.17. A,neutral cannot avail himself
of la.)huneutralltv: If he cohts hostile acts agsinst a
be li erent. b 7 If hb commits acts in favour ofa
bhigerent, particularly if he voluntarily
enlists in the ranks of the armed force of
one of the parties.
erent State could be for the same act.
ART.18. Neseront pas co~lsiilBr&comrne ART. 18. The followin acts shall not be
actes commis en faveur d’un des bellig4 considered as committeg m favour of one rants, dans le sens de I’article 17, lettre b: belligerent in the sense of Article’ FVII,
latter Ih).
a. les fournitures faites ou les emprunts ~&ppliesfurnishedor loansmade to consentis Ll’un des bellig6rants, pour- one of the belllcerents. ~rovided that the vu ue le fournisseur ou le prateur person who fdhes the supplies or who n’ha%ite ni le territoire de l’autre makes the loans lives neither in the terri-
Partie, nile territoire occup6 par elk, tory of the other party nor in the territ~y et que les fournitures ne proviennent occupied by him and that the supphm pas de ces territoires. do not come fromythese territories.
b.     lesservicesrendusen’mati8redepolice (b.) Servi~s rendered m matters of ou d’administration civile. police or civll administlation.
CHAPITREIV.-DU     CHAPTER
MATdRIEL DES CHE-IV.-RAILWAY MATERIAL. MINS DE FER.
3s Puissances oU be the ~ro~ertv
of the said Powers or of 8. des soci6t6.s ou personnes priv6es et re-Compa6ies-or -rivate persons and recog- connaiss&ble comme tol, no pou& Btre nizable as sucz shal! not be iequisitioned r6quisitionn6 et utilis6 par un belligkrant or utilized by a helll~erent except where que dans le cas et la mesure oh l’exige une and to the extent that ~t is absolutely neces- lm Qrieuse nBcessit6. I1 sera renvoy6 aus- sa It shallbe sent back as soon aspas-sit& ue ossible dans le pays d’origine. sibri to the country ofori in.
~a%u&ance neutre pourra de m@me A neutral power may likewise, in case of en cas de n6cessit6, retenir et utiliser: necessity retain and utilize to anequal ex-
jusquJL due concurrence, le magriel prqve- tent ma@rizl coming from the territory of nant du territoire de la Puissance belllg4 the belligerent Power.
rante.
RIJXES OF LAND WA.RFARE.
Une indemnit6 sera ayee de part et
d’autm, en roportion Jumateriel utilis6 et de la dur& de I’utilisat~on.
CH~P~RE
v.-DISPOSITIONS FINALES.
ABT. 20. Les dispositions de la prbente
Convention ne sont aadieables au’entre
les Puissances contracbtes et sefdement si les bellig6rants sont tous parties & la Convention.
ART.21. La prhte Convention sera
ratiE6e aussilBr que poss~ble. Les ratfications seront d6aas6es 9, la Eaye.Le premier d6pbt de ratifications sera
constat6 par un prochs-verbalsign6 par les
reprbentants des Puissances ui y pren-nent part et par le Ministre Jes Affaires Etrangbres des Pays-Bas.
Lesd6pdts ulthieurs de ratifi~ations se feront au moyen d’une notacatlon &rite, adressb au Gouvernement des Pays-Bas et wwmpagn6e de I’instrument de rats-
—.–.
Copie ccrtifiee wnforme du procss-verbal relalif au premier d6pbt de mtificntions,
des notiEiations mentionu6es 8. l’alinBa precedent ainsi que des instruments de ratif3catioL sera 1mmBdiatement remise ar les soins du Gouvernement des Pays-
aset par la voie di lomatique aux Puis- sauces convi6es & la geuxihme CoF6rence de la Pdix, ainsi u’aux autres Puissances qui auroqt adher28 la Convention. Daqsles cas vu& bar I’alinC nr6c6dent. lest Gouvernemeni lour fera w6naitreen’mEme temps la date B laquelle 11 a rqu la nol~E-
onrinn.
ART.22. Les Puissances non signataires sont admises & adh6rer & la ~rbente Con-vention.
L5 Puissance qui dbire adh6rer noti6e % ar Bcrit son intention au Gouvernement es Pays-Bas en lui transmettant I’acte
dfadh&ion qui sera d6pos6 dans les ar-
chives dudit Gouvernement.
Ce Gouvernement transaettra imm6di- atement & toutes les autm Puissances co- pie certifib conforme de la notificktion aiosi que de I’acta d’adhbion, en indi- quant la date & laquelle il a recu la notfii-
cation.
ART. 23. La pr6seute Convention pro- duira effet pour les Puissances qui auront particip6 & premier d6pBt ddratifications soixantejoursa resladaledu prochs-verbal
Compensation shallbe paid 11y one party
or the other in propprtion to the material used, and to the per~od of usage.
. CHAPTERV.-FINBL PROVISIONS.
ART. 20. The provisions of the present Convention do not appl except between
Contracting Powers, an1 then only if all
the bell~gerents are partles to the Conven-
tion. ART.21. The present Convention shall be ratified as soon as possible.
The ratifications shall be deposited at
The Hague.
The &st deposit of ratifications shall be recorded in a procds-verbal signed by the Representatives of the Powers which take
part therein and by the Netherland Minis- ter for Foreign Affairs.
The subsequent deposits of ratifications
shall be made by means of a written notl-
fication, addressed to the Netherland Gov-
ernment and accomaanied bv the instru-
ment of ratification.-
-A duly cezlfied copy of the procbs-verbalrelative to the Erst deposit of ratifications, of the noriIications mcnLioncd in the pre- ceding paragra h and of the instruments of ratlfieation s&l be immediately sent by the Netherland Governmeat through the
diulomatio channel. to the ~bwers invited to’the second Peic6 ~onfirence 3s well as to the other Powers wl~icl~
have adhered to tho Conreut~on. In the cases contem- alnled in tho precedins pam~m~h.
the said
Governmentshall at thi.same iirdt, inform them of the date on wvhleh it recelved the notiEcation. , ,
ART.22. Non-Signatory Powers may ad- here to the present Convention.
The Power ~hich desues to adhere noti-
fies its intention in wrltmg to the Nether-
land Government, forwarding to it the act
of adhpqion. which shall be deooslted m the aychiv:; of the said Crovermhent. This Government sh211 lmmedlately for-
ward to all the other Po~vers a dul certi-fied copy of the notification as we6 as of
the act of adhesion, mentioning the date on which it received the notification.
ART. 21. The uresent Convention shall come into force, in the case of the Powers wh~ch were a party to the first deposit of
ratL7catlons, s~sly days after the date of
de ce d6pBt ef pour les Puissances qu~ the proc&s-verbal of tliis de osit and, in ratifieront ult6l(ieurement ou ui adhere the case of the Powers whit!ratifv subse- rout, soixante jours apr& queYa notifica: quontly or which adhere sixty dajrs after
tion de leur rat~fication ou de leur adh6- tho not incat ion of their ;atincation or of sion aura 6t6 reque par le Gouvernement their adhesion has been recelyed by the
des Pays-Bas. Netherland Government.
ART. 24. S’il nrri sances cont
pays-~&qui communiquere immediate-.
mentonnie certifiee conforme de la notifi-
…–.-.
cation &=toutes les autres Puissances en leur laisant savofr Is date h larluelle ii l’a rsue.
La denonciation ne produira ses effets qul& 1’6gard de la Puissance qui l’aura
notifi6e et un an anrss uue la notificatioil
-~-~
en sera oarvenue an Gbuvernement des jiys-~as:
Aav 75 TTn rpeistrp tpnn nar 1~ Mini- st6ii;iesXffairesEtrihgiFeSdGPaysIBos
indiquera la date du dB Bt des ratidcations .effectue en vertu de Particle 21. allneas 3 et 4. ainsi aui la date S laauelle auront it6 rkques ks notification< d’adhbion rartinln 22. alinea 2) 011 de denonciation
mise iiprendre connaissance de ce . et 8, en denlander des extraits certifies conIom,es.
En foi de quoi les Pl4nipotentiaires out rev&tu la prbeAte Convention de leurs sl atures.
Faith La Haye le dix-huit octobre mil neuf cent sept, en)* seul exemplaire qui restera depose dans les archives du Gpu-
vernement des Pays-Basetdont descopies
certifiees conf?rmes, seront remises p?r 1;
vole dip!omatl ue aux.Puissances qui out Bt6 convlBes & ?a Deuxihne Conf6rence de la Paix.
[Here follow signatures.]
ART.24. In the event of one of the Con- tracting Powers wishing to denounce the
present Convention the denunciation shall be notified in Ai4ing to the.Nether- land Government wbch shall medi- ately communicat)e a duly certified copyof the notification to all the other Powers informing them at the same time of th6
date on which,it was received.
The denunciation shall only have effect in regard to the notifying Power, and one year after the notification has reached the
Notherland Government.
ART.25. A reeister keDt bv the Nether- land Ministry or ~orei~ shall give
~ffkirs
the date of the qeposit of ratilications made in vlrtue of Artlcle XXI, paragraphs 3 apd4, as well as the date on whlcb the not&
cations of adhesion (Article XXII,
graoh 2) or of denunciation (Article x%?:
lied with dl
In faith whereof the Plenipotentaries have appended their signatures to thepres- ent Convention.
Done at The Hague, the 18th October, 1907 in a single copy, .wbch shall remain
dephsited m the archives of the Nether-
land Government and duly certified cop-
les of yhich shall Ae sent, through the dip-
lomat?ccbannel, to,thb Powers whch have
been lnvltad to the Second Peace Con-
ference.
1
APPENDIXNO. 4. BY THE PRESWENTOF THE UNITED STATES OF AMERICA. A PROCLAMATION.
[Translation.]
VIII. CONVENTIONRELATIVEA LA POSE VIII. CONVENTION RET.ATTVETO THE
DE ~ E S AUTOMATI-LAYINGOF T TO MA TIC SUBMARINE
SOU~;MARINES
QUES DE CONTACT. CONTACT

Mmf.
Le Prhident des ~tats-Unis d’Amhique: The President of the United States of Amer-ica:
[Here follows the list of other Sovereigns and Heads of States who sent Plenipotentiaries to the Conference.]
Sinspirant du principe de la libert.6 des Inspired by the principle of the freedom voies maritimas, ouvertes & tcutes les 01 sea routes, the common highway of all nations; nations;
RULES OF LAND WARFARE.
171

Considerant que si dam 1’6tat actue! des choses, on ne beut interdire I’emploi
de mines sousmarines automatiques de
contact, il importe d’en 1imiter.et r6gle-
menter l’usace. am de restrelndre les
rieueurs de laU&erre et de donner. autant
;niXh la GaGgation~paci6que
a drnit de orb-
la matiere d’uG faqonqui donne aux int6rbts enzap& toutes les earanties d6sir-
–
ables;
Ont r6solu de conclure une Convention
& cet effet et out nomm6 pour Leurs P16ni-
potentiaires, savoir:
Seeing that, although the existing posi- tion of affairs makes it ~mpossible to forbid the employment of automatic submarme contact mines it is neverthela~s desirable to restrict and regulate thew emplovment in order to mitigate the severity of whr and to ensure as far as possible to peaceful mvigatioA the securify to ‘which it is entitled, despite theexetence of war;
Until such time as it a fqund possible to formulate rules on the sub~ect wlilch shall ensure to the interests involved all the guarantees desirable’
Have rosolved to donclude a Convention
for this purpose, and have appointed the
following as then Plen~potontlaries:
were folloW the names of Plenipotentl iaries.1
Les uels, aprh avoir d6pm6 leurs pleins bouvo%s trouvb en bonne et due forme, iont convenus des’disoositions suivantes:
ABTICLEPREMIER.~ est interdit:
aue celui aui les a olades en aura perdu
li contrdle’
2″. de piacer dm mines automatiques de contact amarr6es, qui ne deviement pasinoffensives d& quJeUes auront rompulews amarrw
3′. d’em l&er des torpilles, qui ne
deviennenf aas inoffensives lorsau’elles
auront mancfu6 leur but.
ART.2. Ilest interdit deolacer des mines automntiques de contact aevantles cbtes et les ports de I’adve~air?, dans le soul but d’intercepter la navlgation de commerce. ART.3; Lorsaue IGmines automatiaues de contact amair6es sont employ6es, toites les pr6cautions possibles doivent &re prises pour la s6curit6 de la navigation
pacifi ue.
Les%ellig6rants s’engagent 11 pourvoirda,m la mesure du possible, & ce que cd mmes devlement lnoffenslves aprhs un laps de temps limit6 et dans locas oh ella cessera+nt dOtre .&r~elll6es 11 signalerleq reg~ons daqgereuses, ausiitbt que les exlgence militares le permettront par un avis & la navigation qui dews &ire awi communiqu6 aux Ghuwrnements par la
voie didomatiaue.
des mines automatiques de contaci divant sescbtes dolt observer les m0mes r6gles et prendre les memes pr6cautions que celles qui sont impos6es aux bellig6rants.
La Puissance neutre doit faire connaltre 8. la navigation, par un avis pr6alable, les regions oil seront mouill6es deq mlnes automatiques de contact. Cet avls devra
&re communiqu6 d’urgmce . aux Gou-vernements par voie diplomat~que.
Who after having deposited their full powers) found in good and due form have agreed bpon the followin provisionsf:-
ARTICLE 1. It is forbidien:
1. To lay unanchored automatic contsct
mines. esceDt whcn they are so constructed
as to become harmless one hour at most
after the person who laid them ceases to control them;
2. To lay anchored automatic contact
mines which do not become harmless as
soon as they have broken loose from their moorings.
3. To uke torpedoes which do not become
harmless when they have missed thew
mnrk
ART.2. It is forbidden to lay automatic contact mines off the cost and ports of the
enemv. with the sole obiect of interce~th comniercial shipping. ‘ ART. 3. men anchored automatic con-
tact mines are employed every possible precaution must be taken’for the security
of peaceful shipping.
Tbe belligerents undertake to do their utmost to render these mines harmless within a limited time, ~d,
should they cease to be under surve~Uance to nohfy the danger zones assoon as milith exinen-cies permit by a notice addressei to :hi owners, which must also be communicate2 to the Governments through the diplo- matic channel.
ART.4. Neutral Powers which lav auto- mafia contact mines olP their coask must
observe the same rules and take the same
precautions as are. imposed on belligerents.
The neutral Power must inform ship- owners, by a notice issued in advance, where automatic contact mines have been laid. This notice must be commun~cated
at once to the Governments through the diplomatic channel.
172 RULES @I? %k%D WARFARE.
ART. 5. A la ~de la guerre, les Pu+- ART. 5. At the close of the war the Con- sances contractantes s’engagent 8, fare traCtlng Powers undertake to’do the11
tout ce qui depend d’elles pour enlever, Utmost to remove the mmes whch they
chacune de son cbte, les mines qu’elles out had lald, each Power removing its own
piacees. mines.
Quant am mines autometi ues de con- As regards anchored automatic contact
tact amarrees que l’un des%elligerants mmes lald b one of the belligerents ofi
aurait posdes ie long des cbtes de I’autre the coast of thre other, the3 os~tmmust
l’emplacement en sera noti66 8. l’autrd be nohAed to the other party% the Power
partle par’la Puissance qUl les a p0Sees et which lald them, and enoh Jower must
chaque Puissance devra, proceder dans le proceed with the least possible delay to
plus bref d61ai 8. l’enlbvement des mines remove the mines in its own waters.
qui se trouvent dans ses eadx.
ART. G. Les Puissances contractantes ART. 6. The Contracting Powers wvh~ch
qui ne dispose~It pa& encore de mind do not at piesent own perfected mines of
perfectionnees telles qu’elles sont prevues the pattern conlemplated m the present
dans la presento Convention et qui ar Convention and whlch consequently
consequent, ne sauraient ac~elleme&?se could not At iesent car; out the rule;
conformer sux rbgles t?taBlies dans Ls 18id down in lrticles I anY111 unde~take artlcles 1et 3 s’etlgagent b translormer to convert the matCrzel of their mmes a, aussitbt que )possible, leu materiel d6 soon,ns po?sible, so ns t? brmg it into con-
mmes, sfin qu’il reponde aux prescrip-io~mlty w~th the foregomg requirements.
tions susmentlonnbes:
Aar. 7. Les dispositions de la pr6sente ART. 7. The provisions of the present Convention ne sont applicables qu’ent~e Convention do not apply except between
Irs Puissa!ices contrartantes et seulement Contractmg Powers and then only if all
~i lcs brlligdrnnts sont tous parties h, la the belligerents ard part~es to the Con-
Convention. ventlon. ART. 8. La prf’ente Coilvention sera ART.8. The present Convention’sfiall be ratifiBo aussit0t qne possible. ratified as soon as possible.
Lcs ratiiications seront dEpos6es b La The ratifications shall be deposited at Haye. The Hague.
Le premlrr ddprit de ratiiirations sera The first deposlt of ratifications shall be constat0 pat un procAsverbalsi~?eparles recorded in a proch-vmbal signed by the replbcntants des Puissances ul v pren- Representatives of the Powers which nent part et par lo Miaistie Jes Aftaires take part therein and by the Netherland
Xlranghes des PavS-Bas. Minister for Foreign Affalrs.
Les ddp0ts ult6<ie~us de ?atificstions se The subsequent deposits of ratifications ferout au moyen d’me not~cation 6~crit~, shall be made by means of a written noll-
adresseo an Gouvernement des Pays-Bas fication addressed to the Netherland Gov-
ct accompagn6e de I’mstmment de rati- ernment and accompanied by the insku-
fication. ment of ratification. Copie certiE4e conforme du procPs-verbal A duly cerbfied copy’ of the proc2s-vabalrelat~fau premier d6pdt de ratiiicatlons, relatlve to the first deposit of ratifications
des notScal?ons mentlon@es & l’almea of the notifications mentioned in the pre! prBc&ent, almi que des 1nstr11rnents.de ceding paragraph, as well as of the instru- ratification, sera mmd&atement reme ments of ratification, shall be at: once sent par les soins dU. Gouvernen~ont des ~a>,si by the Netherland Government, througd Ras et par la vole diplomatique aux Pus- the diplomatic channel to the Powers in- sances c~flvides & Id Deusibme bonf6rmco vited to the Second dace Conference, as de la Pa~x, ainsi u’aux autres Puissances well as to the other Powers which have qni auront adh&?h la Convention. Dans adhered to the Convention. In the caws Ics cas vises par l’alin6s p1&6dent, ledit contemplated in the preceding paragraph Gouremement leur ieraconnaitre en mame the sald Government shall inform them at temps la date 9. laquelle il a regu la notiii- the same time of the date on which it has
cation. received the notification. ART. 9. Les Puissances non siwataires ART. 9. Non-Signatory Powers.may ad-
sont admiscs 8. adherer 8. la pr&&te Con- here to the present Convention.
vention.
La P!&sance qui daire adhErer.not5e The Power which desires to adhere par Pcrlt son mtention au Gouvernement notifies in writing its intention to the des PaysBas en lui transmettant I’acte Netherland Government transmitting to dl?dhesion. qui sera d6pozE dans les ar- ~t the act of adhesion, which shall be de- chlves dudit Gouvernement. posited in the archives of the said Govern-
ment.
RULES OF LA1
la date & laauelle il arecu la notil
ART. 10. %a pr6sen$ Conventim prc- duira effet oollr les Pllissances am auront
fication de leur rat’firaiion o!~ ae leur ad-
l16sion aura Bt6 recue oar le Gouvernement
ART.”i< La prbsnnte Con~ention ,aura une d~ref! de sept ans 8, partlr du solxan- tieme iour aprbs la date du premier d6pOt
de ratifications.
Sauldhonciation, ellc continuera d’Qtre en rigucur aprh l’expiration de ce dBlai.
La d6nonciation seranqtifi6e oar Bcrit nu
laquelle il I’a rquc. La denonciation ne produira ses effets quJfL 1’8gard de la Pmssance qui l’aura
notifi6e et six mois apres que la notific* tion en sera parvenue au Gouvernement
des Pays-Bas.
ART. 12. Les Puissances coptractantes
s’engagent & reprendre la question del’em-
ploi desmines automatiques de contact six
mois avant I’exoiration du terme or6vu
–
par l’alin6a reniier dei’article pr6d.dent an cas oa e8e nraurait pas 6t6 reprlse ej rbolue & une date anterieure par la troi-
–
sihe ConfBrence de la Paix.
Siles Puissances contractantss concluent une nouvelle Convention relative B l’em-loi des mines d8s son entree en vigueur Pa rkente bnvention cessera d’6kl
appecable.
ART. 13. UP registre tenu ar le Minis- t&re des Affares Etrangeres ges Pays-Bas
indiquwa la date du d6pBt de ratifications effectu6 en vertu de I’article 8 alin6as 3 et
4. ainsi aue la date b, laauelle auront 6t6 &ues le~notifications d”adhbion (article
9 alinBa 2) ou de denonciation (article 11 alinBa 3).
Chaque Puissance contractante est, nd-
mise & prendre connalssance de ce registre
et A en demander des extraits certifies
EonfoGes.
En foi de quoi, les Pl6nipotentiaires ont rev&tula presente Convention de leurs
si natures.
, %alt & La Raye, le dix-huit oatoqre mil
neuf cent sept en un seul exemplaire qui
restera dBposddans les archives du Gou-
veinement des Pays-Bas et dont des cop-
–
This Government sliall at once transmit
to all the other Powers a duly certified
copy of the notification aswell as of the act
of adhesion stating the date on which it
received th6 noti6cation.
ART. 10. The-presknt Convention shall come into force, in the case of the Powers which were a party to the first deposit of ratfications, sixty days after the date of the ptoc&s-vmbaZof this deposit and, in the case of the Powers which rktiiy subse- quently or adhere, sixty days after the
notification of their ratification or of their adheslon has been received by the Nether-
land Government.
Anr. 11. The present Convention shall
remain in force for seven years, dating from
the sixtieth day alter the date’of the first deposit of ratifications.
Unless denounced it shall r&tinue in
force after the expirLtion of this period.
The denunciation shall be notified in
writing to the Netherland Government which shall at once communicate a .dul; certified copy of the notification to all the Powers, informing them of the date on
which it was received.
The denunciation shall only have effect in regard to the notifying Power, and six
months after the notification has reached
the Netherland Government.
ART.i2. The Contracting Powers undor-
tnkc to reopen the question of the cmploy-
ment of automatic contact mines six
months before tho expiistion of the period
contemplated in the first paragraph of tbe
~recedineArticle. in the event ofrheaues-
ment of mines the present Convention
shall ceaso to b)e a~dicable from the mc-
ment it comes intofbrce.
ART.13. A register kept by the Nether-
land Ministry for Foreign Affairs shall give
the date of the de osit of ratifications made
in virtue of ~rticye VIII ara raphs 3 and
4 ss well as the date on) $hi& the notifi-
chtions of adhesion (Article IX nragraph
2) or of denunciation (~rticle) %I, para-
graph 3) have been received.
Each Contracting Power is entitled to
have access to this re ister and to be sup-
plied with duly certAed extracts from it.
In faith whereof the Plenipotentiaries
have appended their signatures to thepres-
ent Convention.
Done at The Hague, the 18th October
1907, in a sin le copy, which shall remaiI;
deposited in t%e archives of the ~ethe~land
Government, and duly certified copies of
RULES OF LAND WARFARE.
ies certifiees conformes seront remises par whichshallbesmt, tl~rough thediplomatio la Coie diplomati ue S’LY Puissances qui channel, 1o the I’owers which havo been in-
out 6tBconvi6es &?a DeuxiEmo Conference vlted to the Second l’eace Conference. de la Paix.
[Here follow signatures.]
A PROCLAMATION.
Whereas a Convention concerning bombardment by naval forces in time of war was
concluded and sped at The Hague on October 18 1907 by the respective Plenlpoten-
tiarles of the Unlted States of America, plere foliows {he list of other Soverei
Heads e! States wgo sent Plenipotentiar eF to the Conference], the original of%%:
Convention, belug m the French language, m word for word as follows: [Translation.]
IX. CONVENTION LE ‘IX CONVENTION BOMBARD-
CONCERNANT BOY-CONCERNINQ
BARDEMENT PAR DES FORCESNAVALES MENT BY NAVAFORCESIN TIME OF
EN TEMESDE GUERRE. WAR. Le President des ~lats-~nis The President of the United Stotes of
d1Amiriqua.
America:
[Here follows the list of other Sovereigns and Heads of States who sent Plenipoten- tiaries to the Conference.]
Animes du dbsir .de realiser le vceu Animated by the desire to realize the exprim6 par la Premdre Conference de la vish expressed by the First Peace Confer- Paix, concernant le bornbardement, par encerespecting the bombardment by naval des forces navales de ports, villes et forces of undefended ports, towns, and
villager, non defend?; villages’
Consid6rant qu’il lmporte de soumettre ~herwit is expedient that bombard-
les bombardements par des forces navales & ments by naval forces should be subject to
des dispositions generales qui garantissent rules of eneral application which would
les drolts des habitants et assurent la con- safeguarfthe rights o! the inhabitants and
s~rontinn dnr nrinri~aux Qdifices. en assure the oreservatlon of the more lm-zienda;;t’h &cte’o 6iaiion de guerre aans portant bddings by applying as far as la mesure du possiile, 1es.principes du R& possible to this op6ra!ion of war theprinci-
element de 1899 sur les lols et coutumes do ples of the Reylat~on of 1899 raspecrlng
la erre sur terre; the Laws and Customs of Land War; i%hspirant ainsi du desir de servir les Actuated, accordin ly, by.the desire tp interbts de lJhumanit6 et de diminuer les serve the interests of iumFni+y aqd to dl-
rim~enrqnt la-dAsastres de la puerre: mlsh the severitvand dnasters of war:
..o-.–….–
Out r6solu de conelure-uni Con\;ention Have resolved to conclude a Conventbn
B cet effet et out en cons6quence nomm4 to this effect, and have, for tha urpose pour Leurs ~16n:~otentiaires, ssv6″: appointed the followiog as their henip;
tentiaritx-
[Here follow the names of Plenipotentiaries.!
Lesquels aprPs avoir d6paq6 lours pleins Who after depositing their full powers
pouvoits, Aour6s en bonno et due forme, found !n good and duo form haye agreed
sont convenus des dispositions suivantes: upon the following provision;:- CHAPITRE1.-0s bombardement des ports CHAPTERI.-The Bombardnmt of Ud-
villes villages, habitations os bairnend fended Purls Tozons, Villages, Dwellings, mdijmdw. or ~uilding;.
ARTICLE Ilest interdit de bom-
PEE~R. ARTICLE1. The bombardment by naval
barder, par d& forces pavales des ports forces of undefended ports towns villagas,
villes, vdlages, habitations ou’b9timents: dwellings, or buildings is iorbiddk
qui ne sont pas defendus.
RULES -OFLAND WARFARE.
Wne localitene peut pas &re bombard&
B. raison du seul fait que devant son port
se trouvent mouillBes Ides mines sous!
marines automatiques de contact.
ART.2. Tputefois ne sont pas compris dans cetta mterdikon les ouvrages mili- taires, Btablissements militaires ou navals, dBp?ts d’a~es ou de materiel de guerre ateliers et ~nstallatlons propres 9. 6tr6 utilises pour les besoins de la flotte ou de I’armbe ennemie, et les navires de guerre se trouvant dans le port. Le com- mandant d’une force navale pourra aprhssommation avec d8lai raisonnabie les dBtruire par le canon si tout autre mbgen est impossible et lbrsque les autorlt6s locales n’auront pas proc6dB 8.cette destruc- tion dans le d6lai 6×8.
I1 n’encourt aucune responsabilitP duns
ce cas pour les domlua~es involol~taires.
oui nourraiont Etre orca.ionn& oar le lom-
d6iendue subsiste comme dans le cas honcb dans l’alinhrl 1-et flue le oom-
presse, &re pfocddti a%bombardemont des
ports villes villages habitations ou
b&ti&ents n6n dbfend;s. si les autorit6s
locales. nlises en demeuie oar mesnm-
localit&.
Ces ~Pquisitions seront en rapport nvec les ressources de In localitt;. Elles nn seront 16clamhes qu’avei ~’aGrisitioi du commmdont de ladite iorce nasale et elles seront. aotant que possible, payees au comptant; sinon eUes seront constatbes oar
des rwus.
ART. 4. Est interdit le bombardement. pour le non pniemrnt des collt~ibutrons el; argent drs ports villes villnces Iiabita-
tions du b~timenis, non befendus.’
ART. 5. 1)~-s
le bombarde~nent par des forces navalps toutes 10s ukesurcs ndces-
saires doivcnt btre prises ar lo cornmand-
ant poun!kpar~&er autanfquo possible les
Odifices cousecrbs kuux cultes, aux arts Lux
sciencesetti la bionfaisance les monudents
llistoriques, les hbpitaux ‘et les lieux de
rassembiement de malades oui de blessPs.
kcondition qu’ils ne soient pas employ6s
en meme temps h, un hut militaire.
A place cannot be bombarded solely
because automatic submarine contact
mines are anchored off the harbour.
ART.2. Military works military or na- val establishments dep6is of arms or war metiriel workshois or plant which could be utiliied for theaeeds of the hostile fleot or army, and the ships of war in the har- bour are not however included in this prodbition. he com&der of a naval forcemay destroy them withartiller after a summons followed by a reasonabg time of waiting, if all othor means are impossible aud when the local authoritias have not themselves destroyed them within the
time fixed.
He incurs no responsibility for any un-
avoidable damage which may be caused
bv a bombardment under such clrcum-
holds good, as in the case given in para- graph 1 and that the commander shall
take all’due measures in,order that the
town may suffer as little harm as possible.
ART.3. After due notice has been given, the bombardment of undefended ports
towns, villapes, dwellings, or buildink mnv becommericed. if thClocal authoritiG. after a formal summons has been made to them, decline to comply wilh requisitionsfor provisions or supplies necessary for thb
immediate use of the naval force before the place in question.
These requisitions shall be in proportion to the resources of the place. They shall only be demanded in the name of the com- mander of the said naval force and they shall as far aspossible, be paid for in cash;if not, they shall be evidenced by receipts.
ART. 4. Undefended, ports, towns, vil- lages dwellings, or buildmgs may not be bomiarded on account ,of failure to Dav
, ,
money contributions.
CHAPTER11.-General Provisions.
ART. 5. In bombardments by naval forces all the necessary mensures must be taken by the commander to spare as far as possible sacred edifices buildmgs used for artistic, scienta, or charitable purposes historic monuments hoytals and laces)where the sick or Goun ed ah codcted’ on the understanding that thoy are not used at the same time for mihtary pur-
poses.
Le devoir des habites est de {bsigner It is the duty of the in+bitsnts to indi- ces mo11l;rnents ces &&fires ou l~eux de cate such monuments ed~fices or places
rassemblement bar des s~gnes visiblrs, qui by vlstble sip, whkh sball’cons~t of consistrront ensglands pmneauv roctanw- large stiff rectangular panels divided diag- lxires rigidcs partag&, suioant une des onally Into two coloured triangular por- diagonales eh deuv t~ianelos de couleur, tions, the upper portion black, the lower
noire en hkt et blanrlie en bas. portion wh~te.
AVT.6. Saul le cas oil~l~s ART.6. If the military situation per-
evieences mili-
taires ne le permcttrai~nt 1)4s, le cam-mits, the commander of the attackingmandmt de la force navalo essadlantr dolt, naval force before cominencmg the bom- avant d’entrepreudre le bornbardement, bardmeqt, Lust do his utmost to warn the
laire tout re clui d6pend de lui pour avertir author~tles. les nutoritds. ART.7. TI esl interdit do livrer au pillage ART 7 A town or place even when
une ville ou locrtlitb mc’ma prise d’assaut. taken by ‘storm, may not be billaged.
CHAPITRB111.-Dispositions finah. CH~PTER Provisions.
111.-E’inal
ART.8. Les dispositions de la prQente ART.8. The provisions of the present
Convention ne sont applicables qu’entre Convention do not appl except between les Puissances contractantes et seulement Contracting Powers, an$ then only if all
siles belllg6rantssont tous parties & lacon-the belligerents are partles to the Conven- vention. tlon. ART.9. La prQente Convention sera’ ART.9. The present Convention shall be ratifibe aussitbt que possible. ratified as soon as possible. Les ratifications seront d6posh k La The ratifications shall be deposited at Haye. The Hague.
Le premier d6pbt de ratifications ‘sera The first deposit of ratifications shall be constat6 oar horoch-verbal sienb oar les recorded in a mocds-verbal sirmed bv the reprhsent’ants d& Puissances qhf pren-Reprcscntalivc’s of Ihc Powel; mhic6 tnBe
nent pat et par lo Ministrc des .iffaires poll thercln nnd bv the Netherland Iflnis-
tor nf 1:ornlrm Affjlrs. Les dCpSts ?II~deposits of r~tifications ferol~tau moyen d’une notzcarlon &rite shall be made by means of a ~vr~ttcn
not&
ildressbn all (:onvnrn~monr dos ~nvs-R& cation addressed to the Netherland Gov-
——— – —.—-
et accompagn6e de l’ins
oatinn
–“-“-.
Copie certifbe conforme du proch-verbal relatlf au premier d6p6t de ratifications, des notifications mentionnbes 8. l’alin6a p16cedent ainsi que des instruments de ratificatioh, sera imm6diatement remise, by the Nclherland Government, throuyh
par les soins du Gouvernement des Pays- the diplomarlc channel, to the Po\rcrs in-
Bas et p5r la voie diplomatiquo, aux Puis- vited to the Second Peace Confcrenre nssanccs cohvi6ks 8, la Deuxibme Codbrence de la Paiv aiisi qu’aux autres Puissadces qui auront’ adh&rb la Convention. Dans les cas vis6s par 11alin6a prbcbdent, ledlt Gouvernementleurfera connaitre en meme temps la date 8, laguelle il a reu la notifi- the same time of the date on which it re-
ceived the notification.
nation
–“.-A..

ART.10. Les puissances non signataires ART.10. Non-Signatory Powers may ad- sont admses 5 adhbrer 8, la prbsente here to the present Convention.
Convention
-.~~.~~
~.-.
L3 l’uis~mce qui d6sil.e adl161.er notifie The Power which desires to adhere shall p3r bcriL son intention au Gouverneinent notifv its intention to the Netherland Gov- des Pap-Bas en lui transmettaut l’acte ernment forwarding to it the act of adhe- dJadh6sion qui sera d6pos6 dam archives sion wdich shall be deposited in the
dudit Gni~v~mnmont arcdives of the said Government.
~tement8, toutes les autres Puissances ward toau the
co~iecertif6e conforme de la notifiration fied COPY
RULES OF LAND WAXFARE.
rev4tu la pdseAte Convention de leurs have appended their signatures to the si natures. present Convention.
%sit & La Haye, le dix-huit octobre mil Done at The Hague, the 18th Ootobe:, neuf cent sept, en unseul exemplaire qui 1907,9 ss~nglecopy, which shall remain resters d6pos6 dam les archves du Gou- deposited ln the archives of the Xetherland vernement desPays-Baset dont descopies Government and duly certified copies Of certifih conformes, seront remises par 14 which shall ‘be sent, through the diplo- voie dip!omatique aux,Puissances qui out matla chpnel, to the Powers wbch have
6tB convibs & la Deuxihme Conference de been invited to the Second Peace Confer- la Paix. ence
[Here follow signatures.]
BYTBE PRESIDENTOF THE UNITED STATES OF AMERICA.
A PROCLAMATION. .
Whereas a Convention relative to certain restrictions with regard to the exercise Of the r ht of capture in naval war wasconcluded and signed at The Hague on October 18, 1907 %y the respective Plenipotentiaries of the United States of America [here follows the iist of other Sovereigns and Heads of States who sent ~leni~otentiari&
to the Con-
ART. 11. La prhente Convention pre
duira effet pour les Puissances qui auront
oarticid auor&nier d6~8t derati6cations. koixang jo&s-G&.s fa date du -procb- verbal de ce d&p6t et pour les Pu~ssanees qui ratifieront ult6ri~urement ou qui ad-E&reront, soixante jo~s aprh que fa noti-
cation de leur ratification ou de leur adh&
sion aura 6tB rque par le Gouvernement des Pays-Bas.
ART. 12. S’il arrivait qu’une des Puis-
sances Contractantes vouldt denoncer la ~rCenteConvention. la dt5nonciation sera noti66e par Bcrit au Gouvernemept des Pavs-Ear ani communiauera immhdiab meht coI;ie>~rti!ihe codmede IanotiEca- tion h toutes les autres Puissances en leur fnlsant snvo~r 13 data 8. laquelle il l’a recue.
La d6nonuation ne pfoduira ses effets qu1&l’6gard de la Puissance quil’au,ra no- tla6e et gn an aprh que la notdimtion en Fa parvenue au Gouvernement des Pays- Bas.
ABT. 13. Un registre &nu ar le Mink t&re des Affaires Etranghres $es Pays-Bas indiquera la date du d6p6t de ratifications effectu6 en vertu de l’article 9alineas3et 4, slnsi ue la .date.& laquelle auront 6tB rquesk notifications d’adhLion (article 10 alin6a 2) ou de d6nonciation (article 12 alinh 1).
Chaque Puissance contractante est ad-
mise Bprendre connaissance de ce registre
et & en demander des extraits certifib conformes.
En foi de quoi les Plenipotentiaires out
ART^ 11. The present Convention shall
come into force. m the case of the Towers
which were a dartv to the first denosit of
the ndification of their ‘ratificatidn or of
the.ir adhesion has been received by the
Netherland Government.
~–.
ART. 12. In the event of one of the con- tracting Powers wishing to denounce thc present Convention, the denunciationshall be notified in writing to the Netherland Government. which &all at once commu-
nicate a dulf certiEed co yof the notifica-
tion to all the other 8o)owers informine
Netherland Government.
ART.13. A register kept by the Nether- land Minister for Foreign AtFairs shallgivethe date of deposit of ratifications made in virtue of Article IX, paragraphs 3 and 4, as well ssthe-date on which the nutiEc% tions of adhesion (Artlcfe X aragraph.21or of denunciation (Article dl?,paragraph1)have been received.
Each contracting Power is entitled to have access to this re ister and to be sup- olied with duly certded extracts from ~t.
In faith whereof the Plenipotentiaries
7’
178
RULES, ?F LAYD WARFARE.
I
1     ference],the original of which Convention being in the French lmguage, is word for word as f0ll0l;s:
I. ._
lation.] ‘ ‘
XI. CONVENTION A CERTAINES RELATIVETO CEETAIN
RELATIVE XI, CONVENTIOA DU DROIT WITH
RESTRICTIONSb L’EXERCICE RESTMCTIONS REGARDTO THE
1 Ii
1/

EXERCISE     M
DE CAPTURE DAN9 LA GUERRE MARI- OF THE RIGHT OF CAPTURE
TIME, NAVA? WAR. , ,, Le Resirnt dm ktaLs-~nis.D9+mdrique. The ResiMU ofthe United States of Amm.
lea. [Here follows the list of other Sovereigns and Heads of States who sent pl&ipoten- thles to the Conference.] Reconnaissant la ndcessit6 de mieux Recognizing the necessity of more effec-
Bssurer que par le pass6 l’application Bqui- tively emurin than hltherto the equitable
table du droit aux relat~ons mnritimes appl~caiionolfaw to the intcrnarional rela-
internationales en temps de guerre; tio3s of maritime Powers in time of war.
Estimant que pour y parvenir, i! con- Considerine that. fok this uuruose. it i;
vient. en abmdonnmt ou en conc~~iant le cas&chbant dam un int6rBt commun c&-
taines pratiques divergentes ancie~es d’entreprendre de codifier dans des rhgl& communes les garanties dues ap com-
merce pacifique et ah. travail inoffen-~eacefulL~~imerceahitl&zitimate business.
sif, aihsi qhe la condu~te des host~llt&’ as well ad the conduct ofhostllities hb sea!
sur mer; qu’il hporte de fixer dans .desl that it is expedient to lay doin inGiKeri
engagements mutuels Bcnts leu prlnclpes mutuul eugagerneuts the principles which
demetqb jbsqu’ici dans le domame incer- have hitherto remained ~n the uncertnin
tain de la controverse ou I~ISS~S domain of controversy or have been left to
h, l’arbi-hire des Gouvemements; the discretion of Governments:
Que, dhs & present, un certain nombre de That, from henceforth, a certain number rhgles peuvent Btre osees, sans qu’il sol$ of rules mav be made. without affectme wrt6 atte~nte au &olt actuellement en the common law now in foree with regala iifgueur concernant les matihres qui n’y to the matters which that law has left un- sont as pr6vues’ settled.
on!     110-6 Lur Leurs Pl6nipoten-~av6appointed the following as their
tiaires, savoir: Plenipotentiaries: mere follow the names of Plenipotentiaries.] Lesquels aprb avoir depose leurs leins ‘Who, after having deposited their full
pouvom, &ouv& eq bonp? et due %me, powers, found in good fmd,due form, have sont convenus des dqmsltions suivantes: agreed upon the followmg prov1slons:-
CHAP~BEI.-Dela Conespon&nce postale. CHAPTERI.-Postal Correspondence.
ARTICLE PREMIER. La correspondmce ARTICLE1. The postal correspondence of postaledesneutres ou des beUig6rants, quel neutrals or belligerents, whatever its offi- aue snit son cnracthre officiel ou uriv6. cial or urivate character mav be. found on
s’appli uint pas, en cs de ?iolation de graph do not apply, in cage of violition of blocus.% la corres~ondance aui est B, des-blockade. to corresuondence destined for
commerce neutres en gen6ral. Toutefois, general. ,The shi however, may n6t be
la visite n’en doit Btre effectuee au’en cas searchedexceutw~enahsolutelvnecessarv. de nBcessit6 avec tous les ~Bnoge’rnents et and then onlf with as much cinsideratii6 toute la celdrite possibles. and expedition as possible.
CHAPITRE    11.-De I’ezemptzon de capture pow certains bateauz.
ART.3. Les bateaux exclusivement af- fect& & la &he cBti6re ou 8, des services de petite Gvigstion locale sont exempts de capture, ainsi que leurs engins, agrb,
ap qraux et chargement.
&tte exemption case de leur &re appli- cable d8s qti’ils partici ent d’une fin
quelconqueaux hostilitz.
Les Puissances contractantes s’interdi-
sent-de bofiter du caract8re moffensif
desdits bateaux pour los employer dans un
but militaue en leur conservant leur ap parence pacifique. ART.4. Sont 6galement exempts de cap- tse les 9vir.m charg& de missions reli-
gieuses, scientlfiques ou philanthropiques.
CEAPITREIII.-rD~ rkyime des epuipages
des navires de commerce ennemis capturks
par zvn bblligaant.
ART.5. Lorsqu’un navire de commerce ennemi est capture par unbellig6rant les
hommes de son Bquipage nationaux d’un
Etat neutre, ne sont pas’faits prisonniers de guerre.
I1 en est de m&me du capifaine et des officiers. Bealement nationaux d’un Etat neutre b’ik promettent formellement par hit db ne pas servir sur un navire ennemi
pendant 1adurBe de la guerre.
ART.6. Le capitaine lss officiers et les membres de l1&quipag6, nationaux de 1’E- ta4 ennemi ne sont pas faits prisonniers de guerre ‘8. condition qu’ils s’engagent, sous la fo: d7une romesse formelle Bcrite & ne prendre, pedant la duree des hostili: t& aucun ser~ce ayant rapport avec lea
opkrations de la guerre.
ART.7. Les noms des individus laissb
libres dam les conditions visk 8, &article 5 alinb 2 et 8, l’prticle 6. sopt notifib par le belIig6rant capteur 8. I’autre belligBmnt. I1 est interdit. 8, ce.d?rnier d’employer
sciemment lesdits individus.
ART.8. Les dispositions des trois nrti-
cles prBc6dents ne s’appliquent pas aux
navires qui prennent part aux hostilitb.
CHAP~RE fLneles.
TV.-Dispositions
si les be!ligBrants sont tous Parties & la
Convention.
CHAFTER11 -The Ezem lion from Cap-t&e of certain &sek.
ART.3. Varsels used exclusively for fish- ing dong the coast or small boats employed in local trade are exemptArotn capture as well as their appliancas, rigging, taehe,
and cargo.
They cease to be exempt as soon as aey
take any part whatever m hostilities.
The C~ntracting Powers agree not to take advantage of the harmless character
of the said vessels in order to use them for
military purposes while preserving their peweful ap arance.
ART. 4. &IS charged With religiomscientific, or phiLqthropic missions ard
likewise exempt from capture.
CWTEB     111.-Regulations regarding the
Crews of     Enemy Merchant&hips Cap-
tured by a Belligerent.
ART.5. When an enemy merchant-ship is captured by a belligerent such of its
crew as are qationals of a’neuh Stap are not made prisoners of war.
The same rule applies in tM ce of the captain and officers likewise nationals of a neutral State if they promise formally in writing not t6 serve on an enemy ship while the war Iasts.
ART 6 hec captain officers and mem- bers df the crew whkn natidnals of the enemy State ard not made prisoners of war. on condftion that thev make a formal romLw in writing, not to lindertake while gostilities !st, any srvice comecteh with
the operations of the war.
ART.7. The names of the persqng retalp-ing theu liberty under the con&tions laid down in Article 5 paragra h 2 and in Article 6 are notiked by t%e dlligerent ca tor to’the other belligerent The latter t?forbidden knowingly to emiloy the Said persons.
ART.8. The provisions of the three pre-
ceding Articles do not apply to ships tak-
ing part in the hostilities.
CHAPTER1V.-Pinal Provisions.
the belligerents are parties to the Conven-
tion.
RULES OF LA ART. 10. La prbente .Convention sera
ratifi6e aussit6t que possible.
La ratifications seront d6pos6es b La
cation.
ART. 12. La phente Convention pro-
duira effet pour les Puissances qui auront
participb aupremier d6p6t de ratifications
soixante jours a r& la date du procb!
verbal de ce dBn& et. oour les Puissances
oni ratifieront: ultBniuremenf: bu oui <&~GYOU~,–G~XG~B~~OUIS
apih-que-lanotiEcation d3 leur ratification ou de leur
adhhion aura dt6 rwuo par le Gouverne- ment des Pays-Bas. –ART. 13. S’il arrivait au’une des Puis- sances contrsctantes voulQt denoncer la
prbente Convention, la dhnonciation sera notifi6e par Bcrit au Gouvernement des Pays-Bas qUi comrnuniquera 1mm6dia-tement copie certifi6e contorme, de la
notification & toutes !es autres Puissances en leur faisant savolr la date 8. laquelleill’s rwue.

ND WARFARE.
ART.10. The present Convention shall be ratified as soon as ossible.
The ratifications sgall be deposited at The Hague.
The first deposit of ratifications slisll be recorded in a prods-vdbal shed by the Representatives of tho ~oweri? taking part therein and b the Netherland Minister
for Po’orepn *K,*s Subs6 Gent depdsits of yatifidatipns shall
be made?by means of amittennotification addressed to the Netherland ~ovehlmeni
and accompanied by the instrument of
ratification. A duly certified copy of the procds-verbal
relative to the Erst deposit of rahfications of the notifications mentioned in the prel ceding paragraph as well as of the instru- ments of rati6cat;on shall be at once sent by the Netherland bovernment throughthe diplomatic channel, to the gowers in- vited to the Second Peace Cqnference, as well as to the other Powers which have ad-hered t~ the Convention. In the cases con- templated in the preceding paragraph the said Government shall inform them at the same time of the date on which it received
the notification. ART.11. Non-Signatory Powers ma), ad-
here to the present Convention.
Th? Power which desires to adhere no-
tifies its lntentlon In writine to the Nether-
of the notification as well & of the act-of
adhesion, mentioning,the date on which it
received the notification.
ART: 12. The present Convention shall come mto force in the case of the Powers
which mere a party to the first de~osit of
ratihcations, sixty days after the-proc2s-
verbal ofthat deposit and in the case of the
Powers whichratifvkllbse)ouentlvorwhich
adhere sixty dayshcert6enoth&tia

their ~Atification has been received by the
Netherland Government.

r,
ART. 13. In the event of One the Con-
tracting Powers wishing to denounce the
resent Convention, the denunciation shall
e notified in mitine to the Netherland
Government. which s%all at once commu-
nicate a day cert6;l copy.of the notifice-
tlon to all theother Powers ~nforming them of the date on which ~twas received.
La ddnonciation ne produira ses effets qu’B 1’6gard de la Puissance qui I’aura notifide et un an aprb que la notscatiori
en sera parvesue aut Gouverngment des Pays-Bas.
ART.14. Un registre tenu par la Minis- Mre des Affaires Etranghres des Pays-?as indiquera la date du d6p6t des ratficatlons
The denunciation shall only have effect in regard to the notifeg Power, and one year after the notiilcation hasreached the Netherland Government.
ART.14. A register kept by the Nether- land Mirustry for Foreign A?laks~hall give the date of the de osit 01 ratffimtions made
bffwtu6 en vqtu do l’article 10 alloh 3 invme of ~rticfe X, paraq~phs3 and 4,
et 4 ainsique ia dateB laquelle aumnt 6t6 w&es Ies notil5cations d’adhbion (article
11slid 2) ou de dbonciation (article 13 alinda 1).Chaque Puissance contractante est, ad-
mise B prendre connaissanca de ce registre
et B en demander des extraits certifib conformes.
En foi de quoi les Pl6nipotentiaires ont rev@tu la pr6sehe Convention de leurs si atures.
Fair, 8. La Haye, le dix-huit octobre mil neuf cent sept, en un seul exemplalre qui restera dt5pos6 dans les archives du Gou- vernement des Pays-Bas et dont des copies certifihe conformes seront remises par la’ voie diplomatiqlle’aux Puissances qui ont Bt6 convides 8, la Deuxihme Con- f6rence de la Paix.
[Here follolv signaturey] as well as the date on wbc the notific&
tions of adhesion (Article XI, pamph 2)
or of denunciation (Article , par*
graph 1)have been received.
Each Contracting Power is entitled to have access to th~s register and to be sup plied with duly certified extractsfrom it.
In faith whereof the Plenipotentiaries have appended their signatures to the pres- ent Convention.
Done at The Hague, the 18th October, 1907 in a single copy, which shall remain dep6sited ln the archves of the Netherland
Government, and duly certffied coples of whichshall besent, through the diplomatic channel, to the Powers invited to the Sec- ond Peace Conference.
BY TKE PRESIDENT’ OP THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas & Declaration prohibiting the discharge of rojectiles and ex losives fr0.m balloons was signed at the Hague on October 18, 1907, By the respective $leniPotentm
ries of the United States of A,merica, mere follows the list of other Sovereigns apd
Heads of States who sent Plempotentiaries to the conference], the original of whlch
Declaration, being in the French language, is word for word as follolvs:
Les soussign&, Pl6nipotentiaires des Puissances convides 8. la Deuxibme Coni4 rence Internationale de la PaixB LaHaye dhent autorisds h. cet effet par leu& Gouvernements,
[Translation.]
The Undersigned Plenipotentiaries of the Powers invited to the Second Interne- .tional Peace Conference at The Ha ue duly authorized to that effect by t%e~
Governments, inspired by the sentlrnents
RULES OF LAND WARFARE.
s’inspirant des sentiments qui ont
trouvB leu expression dam la DBclaration
29 novembre de St. PBtersbourg dull dbcembre 18681 et dbirant renouveler la DBclaration de La
Iiave du291uillet 1899, arrivBe8expiration,
G6clarenf: which found expression in the Declaration
of St. Petersburg of the 29th November
(11th December) 1868 and belng desirous
Of renewing the heclahion of The Hague of the 29th July, 1899, which has now ex- Pired,
Declare:
LesPuissancescoutractantesconsentent, The Contracting Powers agree to pro-
pour une period0 allant jusquJ& la Jkde la trosihme Conf6rence de la Paix 8 l’inter- dlction de lancer des rojectiles kt des ex- plosifs du haut de bdons ou par d’autres
modes analogues nouveaux.
La prbente DBclaration n’est obligatoire quo pour les Puissances conkactantes en
cas de guerre entre deux ou plusiAurs
d’entre ells.
Elle cessera d’dtre obligatoire du moment
od, dans une guei-re entre des Puissances
conkactantes me Puissance non contrac- tante se join&ait 8, l’q des belligbrants. Laprbente DBclaratlon sera ratifiBe dans
le plus bref dBlai possible. Les ratscations seront dBposBes 8. La Haye.
Ilseradress6dudBp6t des ratinc?tiom nn
prochs-verbal, dont une copie, ccrtl66econ-
forme, seraremisepar lavoiediplomatique,
& touts 1es Puissances conkactantes.
Les Puissances non siguatsirs pourront adhQer & la prbsento Declaration. Ells auront, & cet effet, & fsire connaitre lour adhBsion aux Puissznces contractants, au moven d’une notification Bcrite. adressdre au houvernemcntdcs pays-~as et c .mmu-
hibit for a period.extendingmto the close of the I’hird Peace Conference the discharge of projectiles and explosive~from ballwns or by other new methods of a similar
nature.
The present Declaration is only binding on the Contracting Powers in case of war between two or more of them:
It shall cease to he binding from the the when in a war between the Contracting Pow&s, one of the bolliserents is ioined by a non-Contracting Power. –
The aresent Declaration shall be ratified as soocas possible.
-The ratifications shall be deposited at the
Hague.
A 70~28-verbalshall be drawn up record-ing t%e reccipt of the ratifications, of which a duly certified wpy shall be sent through the diplomatic channel, to all the bontract- ine Powers.
on-signatory Powers may adhere to the present Declaration To do so they must mnkeho~vn theiraihesion tothecontract- ing Powers by means of a written notitlca- tion. addressed to the Netherland Govem- men’t, and communicated by it to all the
niqu6sparcclui-cih touteslesautres Puis- other Contracting Powers.
sanccscontractantes.
S’il arrivait qu’une des Hzutes Parties
Contractantes dBnoncbt 13 arcsente DCcls-
ration. cettn d6nonciition n’e oroduirait ses
tractantes.
Cette dhonciation ne produira ses effets qul&_ l’dgard de la Puissance qui l’aura notnee.
En foi de quoi les Plbnipotentiaires ont revetu la pr6sehe Declaration de leurs sinnatures.
%sit & La Haye le dix-huit octobre mil neuf cent sept, en’un seul esemplaire qui Inthe event of one of the High Conkact-
ing Parties denouncing the present Declara-
tion. such denunciation shallnot takeeffect
This denunciation shall only have effect
in regard to the notifying Power.
In faith whereof the Plenipotentiaries have appended their signatures to the pres-ent Declaration.
Done at The Hague, the 18th October 1907, in a single copy, which shall remad
RULES OF LAND WARFAR?;
restera dc5pm6 dam les archives du Gou- depositedin the archives of the Netherland vernement ds PaysBasetdontdescopies; Government, and duly certified copies of certfic5s conformes, peront remises pm la which shallbesent, through thediplomatic vole diplomatique aux Puissances con-channel, to the Contractlug Powers. tractants. *
Here follow signa.tures.1
RULES OF LAND WARFARE.
APPENDI~
NO.8.
Table of ?:at,ifications and adhesi0fl.s to the Sqcolzd
[A convenlion may be ratiied by a sigpatory power or adhered to by a nonsignatory .
Rat~Eed w~th reservations. RP= Ratified provis~onally.
I. 11. 111. IV. v. VI.
U v
Germany…………… R R R RR R RR

Unitedstates……….. lZIt RR R R R …….:..

Argentina……………………………………………………………..
Austria-Hungary ……. R R R RR R R R

Belgium……………. R ………. R R R

Bohvb…………….. R ………. R R R ……….

Brazil ………………………………………………..

Bulgaria ………………………………………………..

Chile ………………………………………………..
China………………. R A A …….. A ……….

Colombia……………………………………………………………..
Cuba R ……………… R R R
Denmark …………… R R RR R R

Dominican Republic.. …………….;.

………………………………….

Ecuador ………………………………………………………………
spin …………………………… “”…”‘

rance……………… R R R R R R

Great Britain.. ………………. R R R ………. R

Greece ………………………………………………..

Guatemala………….. R RR R R R R

Haiti …………….;.. R R R R R R

Italy.. ………………………………………………………………..

Japan R R R R R R
Luxemburg …………. R ………. R R R R

Mexico……………… R R R R R R

Montenegro……………………………………………………………

Nicaragua………….. A AR A A A A

Norway…………….. R R RR R R

Panama ……………. R R RRR R

Paraguay.. ……………………………………………………………
Netherlands ………… R R R R. R R

Peru ………………………………………………………………….
Persia.. …………………………………………. ;………………….
Portugal ……………. R R RR R R

Roumania ………….. R ………. R R R R

Russia ……………… R R R RR R RR

Salvador……………. R RR R R R R

Servia…………..—…………………………………………………

Siam……………….. R ………. R R R R

Sweden…………….. R ………. R R R R

Switzerland…………. RR ………. R R R R. Turkey..
……………………………………………………………..

Uruguay.. …………………………………………………………….

Venezuela……………………………………… :…. ………………..

I
Peace Conference-hela at The Hague in. 1907.
power. In the table the following nomenclature is used: R=Ratified. RR?
A=Adhered to. AR=Adhered to wlth reservatlons.1

VII. VIII. IX. X. XI. XII.., XIII. ‘ . XN.
, ,
–
_______I____—
.R ‘ ,RR R R ………. RR ……….

Rz:,
………. R R R .:……..’AR -R

…–.-..
…………………………………………….

R ‘. R. R R R ………. R’ ………1

R R R R R ………. R R

……………….. R R ………………………… R

……………………………………………………………………..

……………………………………………………………………..

……………………………………………………………………..

.;……………… A RR ……………….. AR R

……………………………………………………………………..

……………….. R R ………………………………….

R R R .R R ………. R ……….

……………………………………………………………………..

……………………………………………………………………..

……………………………………………………………………..

R RR RR R R ………. R ……….

R RR RR ………. R ……………….. R

……………….. ……,… …………………………………………..

R R R R R RP R ……….

R R R R R …:…… R R
……………………………………………………………………..

R R R R R ………. R ……….

R R R R R ………. R R

R R R R R R R ……….

……………………………………………………………………..

A A A A A ………. A A

R R R R R ………. R R

R R R R R RP R R
……………………………………………………………………..

R R ‘ R . R R ………. R R

……………………………………………………………………..

……………………………………………………………………..

R ………. R R ………. R R

R R R R ………. R ……….

R ………. R R ……………….. R ……….

R -R R R R R R R
……………………………………………………………………..

R RR R R R ………. RR R

R ………. R R R ………. R ……….

R R R R R ………. R

……………………………………………………………………..

……………………………………………………………………..

……………………………………………………………………..

,
lR

A

CONVENTION FOR THE AMELIORATION OF THE CONDITIONOF THE WOUNDED OFTHE ARMIES
IN THE FIELD.
Signed at Geneva July 6 1906.
Rattficatios advzsed by tie scnate December 19 1906.

Ratifiedby the President of the tnrted. States january 2 1907.
Ratijicatiolt deposited with the Government of the Swiss bonfederation Pehwry 9,1907. Proclaimed August 3,1907.
BY THE PRESWENT OB A~~ERICA.
OF THE UNITED STATES A PROCLAMATION. Whereas a Convention between the United States of America [Here iollows the list
of other Sovereigns and Heads of States who sent Plenipotentiaries to the Conference
for the amelloration of the condition of the wounded.01 armes ithe field, was sigd
nt Geneva, July 6,1906, the original of which convention, being m the French language,
IS word for word as iollows: CONVENTIONPOUR DU
L’AYELIORATION
SORT DES BLESS89 ET MALADES DAN9 LES AR?~EES
EN CAXPAGNE.
Le President des Etels-Unis d’dmb~igue;
:Translation.]
CONVENTIONFOR THE AMELIORATION

OF
TEE CONDITION OF THE WOUNDED IN
ARMIESIN THE FIELD.
The President of the United Stales of
America;
[Here follows thelist of other Sovereigns and Heads of States who sent Plenipotentiaries to the Conference.]
hgalement animds duddsir dediminuer Being equally animated by the desire to autant quJil ddpend d’eux les maux in! lessen the ~nherent evils of warfare as far as sdparables de la guerre et vdulant, d?ns ce is within their power, and wishing for this but, periectionner et compldter les dlsposi- purpose to improve and supplement the tions convenues B Genbve, Ie 22 aoDt 18G4, provisions agreed upon at Geneva .on pour l’am6lioration du sort des militaires August 22,1864, for the amalionttion of the blesses ou malades dans les armees en cam-condition of the wounded in armies in the
paone;
6nt resolu de conclure une nouvelle
ConventionB.ect etiet, et ont nonlm6 pour
eurs Pldnipotentiaires, savoir: [Here follows the list of Plenipotentiaries.] Lesquels aprbs s’6tre communiqud leurs
pleins pou;oirs, trouvds en boMe et due forme, sont convenus de ce quisuit: CHUITRE PREMIER.-D~s blessis et malades. ARTICLEPREMIER.-Les.militaires et les
autres personnes officiellernent attachhes aux am6es -qui seront blesses ou malades field;
Have decided to conclude snew conven-
tion to that etiect and have appointed as
their plenipotentikies, to wit:
Who after having communicated to each
other their full powers, found in ood and
due form, have agreed on the fojowing: CHAPTERI.-The sick and wozcnded. ARTICLE1. OWcers soldiers, qd other
persons officially atta’clied to mes who are sick or wouqded,. ,shall be qesiected
devront @t;e respect$s ct soigues, sans di& spd cared for, mthout distinction of na-
tinction de natlonallt6, p,~ tlonality, by the belligerent inwhose power
le belhgerant
qui les aura en son pouvoir. they are.
Toutefois, le belligerant oblige d’aban- A belligerent, however, when compelled donner desmalades ou dcs hlesshs B.son ad- to leave his wounded in the hands of his versaire, laissera avec eux, autant que les adversary, shall leave with them so far as circonstances militaires le permettront, une military conditions permit a por@on of the partie de son personnel et de son matErie1 personnel and matdriel of dis sanitary serv- sanitaires pour contribuer Q, les soigner. ice to assist in caring for them.
ART.2. Sous r6serve des soins 8. leur four-
nir en vertu de l’article prhddent les bles-
ses oumalades d’une armee torn~k au pou-
voir de l’autre belligerant sont risoqniers de guerre et les rhgles gbnerales $u drolt des
gens concernant les prisonniers leur sont ap licables.,
ek endant les bellighrants restent libres de sJpuler ehre emx B llQard des prison- niers bks.s&s ou malades telles clauses d’ex- ception ou de faveur q;’ils jugeront utiles; ils auront, notamment, la facult6 de con- venir:
DA se remettre r6ciproquement, aprb un combat, les hless0s 1a1uEs sur le champ de
De remettre & un tat neutre du con-
sentement de celui-ci, des bkds ou ma-
la es de la partie adverse & la charge par
I1$tat neutre de les inte&er jusqu’B la fin
des hostilit6s.
ART. 3. Aprb chaque combat l’occu-pant du champ de bataille pren’dra des meswres pourrecherchcr les blesses et pour
les lairc proteger, ainsi que lcsmorts, contro
le pillage et les mauvais traitements
I1 veillcrra h ce que I’inhumatlon on l’in- cineration dcs inorts soit prec6d6e d’un examen attentif de leurs cadavres.
ART 4. Chaque bellig6rant enverra d8s
on’il sera noss~ble. aux autorites de’leur
Les bcllig6rants se t/en&ont r&iproque- ment au courant des lnternements et des mutations ainsi ue des entrees dans les hbpitaux 6t des &cb survenus, pami les blesses et malades en leur pouvo~r. Ils re- cueilleront tous les objets d’un usage per- sonnel valours lettres etc., gui seront trouvds sur les khamps’de batallle ou db laisses par les.bless6s ou malades dMd6s dans les Etabl~ssments et formations sani- taires, pour les faire transmettre aw in-teress4s par lcs autgriNs de leur pays.
ART.5. L’autOritB militaire pourra faire appel au z6le charitable des habitants pour recueilllr et soigner sous son contrdle des blew& ou malades hes amees en aciord- ant aux personnes syant r6poddu & cet ap- pel u.ne protection swiale et certaines im- muxutds.
ART. 2. Subject to the care that must be
taken of them under the Drecedme article.
–
become a plicable to them.
The bey11lleerent-s .remain free. however.
agree:
1. To mutually return the sick and wounded left on the field of battle after an
prisoners. –
3. To send the sick and wounded of the enemy to a neutral state with the consent of the latter and on condition that it shall
charge itself with then internment until
the close of hostilities. ,
ART.3. After every engagement the bel- ligerent who remains in possession of the
field of battle shall take measures to search for the wounded and to rotect the wound- ed and dead from robgry and ill treat-
ment.

He will see that a careful examination is made of the bodies of the dead prior totheir interment or incineration.. –
ART.4. AS soon as possible each bellig-
erent shall forward to the authorities of
char e by him.
~e&i~erents
will keep each other mutu- ally advised of internments and transfers.
toeether with admissions to hos~itals and
battle, or have been left by the sick or wounded who have died in sdtary forma- tions or other establishments. for transmis-
t&ts to receive and, under its su ervision
to care for the sick and woungd of th;! armies, granting to persons responding to such appeals special protection and certain jmmmties.
l i,
CHAPITRE11.-Des formattons et etablisse- 3 menls sanztnnes. I
ART.6. Les formations sani taires mobiles (c’est-&&re celles ul sont destlnees & ac-
com agner les armles cn campagne) et les Btabtssements fixes du servlce de sant6
seront respect6s et proteges par les belllg- erants.
ART. 7. La protection due am formn-
tions et Btablissements sanitaires case si I’on en use pour commettre des actes nui-s~blesh. I’ennemi.
ART. 8. Ne sent pas consid6r& COIlltIle &ant denature h. priver une formation ou
un dtabllssement stanltaire de la protection
assurb par l’artlcle 6: ,lo Le fa~t que le personnel de la forma- tion ou de 1’6tablissement est4arm6 et qu’il
use de ses armes our sa pro re defense on celle de ses mal& et bless&
2″ Le fait quJld6faut d’infiimiers arm&
CRAPTER11.-Sanitary formatians and es- tablishments.
ART.G. Mobile sanitary formations (i. e. those which are intended to accom an;armies in the field) and the fixed estahsh- ments bolonglng to the salutary servlce shall be protectedandrespected by belliger- ents.
ART. 7 The rotection due to sanitar formatiois an8 establishments ceases &
la formation ou l16tablissement est ~ardd
y un piquet ou des sentinelles munis
‘nn m~ndat r6eolier:
-~…–
3″ Le Iuit qn’il est~irouv6 duns la formn- tion ou 1’6tablissement dts arlrlrs ut car-
touches retirees nux blesses et n’ayant pas
encore 61.5 versh au seivice compbtent.
1
CHAPITRE111.-Du personnel.
ART. 9. Lo parsonnel exclusivement ul- fect6 B I’enl8vemenr au transport et.au traitemcnt des bless& et des mnlades, alnsl u’h l’ndm~nistration des formations et ,ablasements sanitnires, les aumbniers at-
%..
tach& aux arm&, seront respectes et pro-
teg& en toute circoustance; s’ils wmbent
entre.les mains de I’ennemi, ils ne seront
p3s trait& comme prisonnien de guem.
Ces dispositions s’appliquent au person- nel de garde des formations et dtablisse-
mentssanitaires dans le cas nr6vu h I’article
8, no2.
ART.10. Est assirnil6 au personnel vise 8. l’article pr&Bdent,le personnel des SociBt&
de secours volontaues ddment reconnues et autorish ar leur Gouvernement: qui sera employ6 &us les formations et Btablblisse- ments sanitaires des arm&, so* la r&erve qeue ledir personnel sera soumis aux lois et
r glements militaires.
Chaque *tat doit noti!er B I’autre, soit d& le temps de pnur. so~t A l’ouverture ou nu coun des hoitilit&, en rout cas ayant tout emoloi effectif. les noms des Soci6tC qu’il a autorisQs 8: 6ter leur concorn, sous sa responsabilitl au service sanitaire
officiel de ses arm&.
they are used to commit acts mjurious to
the enemy. ART. 8. A sanitary formation or estab- lishment shall not be de rived of the pro-
teption accorded by artize 6 by the fact:
I. That the personnel of a formation or establishment 1s armed and uses its arms m self-defense or in defense of its sjck and wounded.
2. That in the absence of armed hospital
attendants tho format~on is guarded by an
armed dethment or by sentmels actFg
under competent orders.
3. That arms or cartridges *en from the wounded andnot yet turnLd over to tho proper autho~ities, are found in the formn-
lion or establishmbnt.
CHAPTER 111.-PcT~onT$el.
iormations and ‘establishments and the chaolains attached to annies. shall be re- sp&ted and rotected undei all circum- stances. ~f ttey fall into the hagds of the enemy they shall not be cons~dered as
prisoners of war.
These provisions apply to the guards of
sanitary formations and establishments in
the ceasprovided for insection 2of article 8.
istiblishments of armik. are assimilated to the personnel contemplated in the pre- ceding article u on conditionthat the said personnel shah %e subject to militty laws
and regulations.
Each state shll make known to the other either in time of peace or at the open- ing, o; durin the progress of hostilities and in any case getore actual emp~oyment’ the names of the societies which it has author- ized to render assistance under its respon-
sibility, in the official sahtary service of its
armies.
pouvolr de l’ennemi, leur mathel, y corn- retam thew maMrlel, lncludrng the teams, prisles attelages, yls que soient lesmoy- whatever may be the means of transporta- ens de transport et epersonnelconducteur. tion and the conducting personnel. Com-
Toutefois, l’autorit6 militahe com 6 etent mll~tary authority however, shall tente aura la facult6 de s’en servir pourPes Lve the right to employ din caring for the soins des plesses et.malades; la resti@tion sick and wounded. The restitution of the du matkiel aura lleu dans les conditions m$tBrlel shal! Jake place m accordme? prevues pour le personnel sanitaire, et, \nth the conditions prescribed lor the sani- autant que possib e, en meme temps. tary personnel, and, as far as possible, at
the qnmn tima ART. 15. Les bbtiments et le materiel des ART.15. Buildin s and materiel pertain- Btnblissements 6x0s demeurent soumis aux in t@ fixed estabfishments shall remain
lois de la guerre, mais ne pourront &re sufjject to the laws of war but can not be d6tourn6sdeleur emploi taut qu’ilsseront diverted from their use so’long as the7 are
necessaires aux blesses it aux malades necessary for the sick and wopded. qom-
Toutefois, Igs commandantsdes troupes manders of troops engaged m operations,d’op4rations powont en disposer, en cas however, may use them m case of Impor-
de n6oessit6s militsires importantes, en tant mllihry necessity h, before such nse,
sssurant au prealable le sort des bhw~s et the sick and wounded who are m them
rnaladpq ouis’v tronvnnt have been orovided for.
z-

ART.1G. ~einat6Fiei~es ART.16. The mat4riel of aid societies
Societ6s de ,se
cours admises au benefice de la Convention admitted to the benefits of this convention, confdm6ment aux conditions d6termin6s m Conformity to the conditions therein pay celleci, est consid6r6 comme propri6t.6 estahllshed, a re~ardedas private propert priv6e et, comme tel, respect6.enJoutecir- and aS such dl he respected under dl constmce,saufledroit der6qlusitlon recon- circ;mstanc& save that it is subjwt to the
nu aux belligerants selon les lois et usages recopized right. of requisition by helliger-
de la guerre. ents m conformity to the laws and usages
ofmar. .
ART.11. Une Soci6tQ reconnue d’un pays neutre ne peut pr6ter le wncours de ses per- sonnels et formations sanitaires it un belli-eerant au’avec I’asqentiment or6alable de
notification?I son emem: ART. 12. Les oersonnes dbirmh dans les articles 9 10it 11 continueiont aprss
qu’elles sednt tombees au pouvbir de I’ennemi, & remplir leurs fonctions sous sa
direction.
Lorsque leur concours ne sera lus indis- pensable elles seront renvoy& it leur armbe 06B. leur pays dam les delais et sui-
vant 1’itin&raire’compatiblesavec les n6ces- sit& militttires.
Elles emporteront, alors, les effets, lq instruments les armes et les chevaux qui sont leur prdprietd particulihre.
ART.13. L’ennemi assurera au personnel vis6oarlJartic1e9. onndsnt ou’ilseraen son pouvoir, les m6mG allocati6ns et la meme solde qu’au personnel des mEmes grades de son armBe:
ART.14. Les formations sanitaires mo- biles conserveront, si elles tombent au
ART. 11. A recognized society of a neu- tral state can on1 lend the services of its sinitam personnegand formations to sbel-ligerent with the rior donsent of its own prnment and tl?e,authority of such bel-
~zerent. The belhzerent who has ac-cepted such assistan&a~srequired to notify the enemy before maklng any use thereof.
ART.12. Persons described in articles 9 10 and 11 will continue in the exercise o!
thkir functions under the direction of the enemy, after they have fallen into his
power.
When tlieir assistance is no longer indg- pensable they will be sent back to theu army or country, within such, eriod and by such route as may accord wit% military necessity. They will carry with them such effects instruments arms, and horses as are their brivate prop&ty.
ART. 13. While they remain iqhis ower the enemy will secure to the personus men! tioned in article 9 the same ay and allow- ances to which persons of tge same grade in his own army are entitled.
ART.14. If mobile sanitary formations kill $to the powerpf the enemy, they shall
V.-
CEAPITREV.-Des conuois d’Buacuation. CHAPTER Convoys of evacuation.
ART 17 Les Cbnvois d’dvacuation wont ART. 17. Convoys 01 evacuation shall be
trait&’ ccdmme les formations sanitaires troated as rnol,ile sanitary formations sub-
mobiles, saul les ~rovkions:
dispositions speciales ject to the follow in^ s~ec~al
suivantes:
lo.Le bellig&ant,intercept+nt un c?nvoi
pourra, si les ndcesslt& ditaues l’exlgent
le disloquer en se chargeant des malades ei bless& qu’il contient.
2″. Dans co cas I’obligation de renvoyer
le personrlel sanithire prevue B l’article 12,
sera Btendue B tout ie personnel nliliraire
prdposd au transport od & la garde du con-
voiet muni&cet effet d’un mandat rdgulier.
organis& p&u les Bvacuations,-ainsi qu’au
materiel d’am6nagement des voitures,
trains et bateaux ordinaires appartenant
9.11 qanricn dnsantb.——
– – —.– – —
Les voitures militaires, autres que celles du service de sant8, pourront Btre capturees avec leurs attelages.
Le personnelcrvil et les divers moyens de
transport provenant de la ~Bquisitlon, ycolupris le mat6riel de chemin de fer et les bateaux utilises pour les convois, seront soumis aux regles gh6rales du droit des
gens.
CHAPITREV1.-Du signe distinctif.
ART.18. Par hommaee oour la Suisse. le signo hBraldique de la &oh rouge sur fond blanc form6 par interversion des couleurs
ledfr~lcs, !sf; maintenu cpmme embl&mo et signe dlstlnctll du service sanitalre des arm6es.
ART.19. Cet emblBme figure surles drsi peaux les brassards ainsi que sur tout le ma~rielse rattachadt au service sanitaire avevec la permission de 17autorit6 militair; comp6tente.
ART. 20. Lepersonnel protRg6 cn vertu des atticles 9, slmea 1cr,10 et 11porte 6×6 au bras gauche un brassard avec droix rouge sur fond bianc d6livr6 et timbre par 19autorit6 milieire ‘corn Btente, accom-pagn6 d’un certlficat d’i$entit6 our les ymes rattach” au iervlce Be santd
es arm6es et qui n’auraient pas d’uni- forme militaire. –
ART.21. Le drapeau distinctif de la Con- vention ne peut Qtre arbor6 que sur les formations et Btablissements sanihires qu’elle ordonne de respeoter et avec le consentement de 17autorit6 militaire. I1 Ice may be caphired
$he civil ~erso&l and the various
means of trauioortation obtained bv reoui- sit~on,.incIud&g railway materiel a’nd ;es-
sels ut~liled for convoys are subject to the
general rules of international law.
CHAPTERV1.-Distinctive emblem.
ART.18. Out of respect to Switzerland the heraldic emblem of the red cross on a white ground formed by the reversal of the federal coiors, ,iscontinued as the em- blem and dis4mctive sign of the sanitary
service of arm!%.
AXT.19. T~P emblem appears on flags and brassards as well as uoon all matdrlel a pertaining to the sanitaiy service with tRe permission of the competent mhitaryauthority.
ART.20. The personnel protected in vir-tue of the fist para aph of article 9, and articles 10and 11 dwesr attached to the left.arm a brassaid bearing a rec! cross on a white ground, which will be Issued and stamoed bv comoetent militam authoritv. and iccom$anied by a certisEate of ideh: tity in the case of persons attached to the sanitary service of armies who do not have military uniiorm.
ART.21. The distinctive flag of the con- ventioncan only be displayed over the sani- tam formations and establishments which the”conveution provides shaU be rcspectod and with the consent of the military au!
devraetre accompagne dudrapeau national thorities. It shall be accompanied by the du bellirrerant dont relgve la formation ou national flag of the belligerent, to whose
service the formation or estabhhment s attached.
Tolitefois. les formations sanitaires tom- bees aupoivolr de l’ennemi n’arboreront pas d’autre drapenu que celui de la Croiu-
Rouge, aussi longtemps qu’elles se trouve- ront dam cette situation.
ART.22. ,Les formations sani!?ires des pays neutres ui, dans les condit1onspr6- vues paF lJarti%e 11,?uraient6t6 auZorls6es R fonrnir–Ienrs–. services.. doivent arborer. –. -. -.
avec le drapeau de ,la-~bnvention, le dr&
peau national du belllg6rmt dont ella ielhvent.
Les dispositions du deuxihe alinb de
l’article precedent leur sont applicables.
ART.23. LJembl&medelacro~xrouge sur fond blanc et les mots 63-ozz-Rou, e Ou Croiz de GenLve ne pourron! &re empfoy&,
so~ten temps de palx, soit en temps de
guerre que pour rotkger ou designer les
forma6ons et etab%ssements sanitanes, le
~ersonnel et le mat6nel ~rot6~6s -.
-. par la Convention. ‘
CHAPITRE~11.-~e l’applicat~on a! de E’ez2cutzon de la. Convontzon.
ART.24. Les dispositions de la presente Convention ne sont obli~atoires aue pour les Puissances contractiintes. ei cai de
mlerre enter deilxou~1usiem~’entre
——elles.
Ces dispositions &ise?ont d’etre oblign-toires du moment OD I’unc des Puissnnees bellig6rantes ne serait pa?. signataire de la
Convention. ART.25. Les co~&andants ‘en chef des arm6es bellig6rantes auront & pourvoir aux
details d’execution des articles Dr6cBdenls.
ART.26. Les Gouvernements simataiies prendront les mesure8 n6cessaiFes pour
lnstmlre leurs trou~es. et ~~Oclalernent
le
personnel FotBgB–dei disljositions de la
y6sente gnvention et our les porter &
a connaissance des popuf)ations.
CHAPITRE la reprkssion des alms
VII1.-De el des infractions.
ART.27. Les Gouvernements sirrnataires.
dont la l6eislation ne serait D& d&s ii
soci6tes afitres que-celles y ayant droit en
vertu de la presente Convention, de
Sanitary formations which have fallen into the power of the enemy however; shall fly ,no other flag than thathf the Red Cross so long as they contmue in that situation.
ART.22. The sanitary formations of neu-
tral countries which, under the condit!ons set forth in art~cle11, have been authorized to render their serqices, shall fly,with the flag of the convent~on the national flag of the belligerent to whidh they are attached. The provisions of the second paragraph of the preceding article are applicable tothem.
ART. 23. The emblem of the red cross on a white mound and the words Red Cross or Geneva &SS may only be used, whether in time of peace or war to protect or deslg-
nate sapitary formations and establish-
ments the personnel and materiel pro- tecterl’by the convention.
CHAPTERVI1.-Application and execution
of the Convention. ,
ART 24. Thn nroviqions of the oresent
shall cease to be obligatory if 6u.e of the belligerent powers should not be signatoryto the convention.
of their respective governments, and con-
formably to the general principles of this convention.
ART.26. The signatorg governments shaU take the necessary steps to acquamt theu troops and particularly the protected per- sonnel) with the provisions of this conven- tion dd to make themkno~vn to the people at large.
CHAPTERVII1.-Repression of ubuscs and
infractions.
ART. 27. The si atory powers whose le-islation may noynow be adequate en- g&e to take or recommend to thelr legisla- tures such measures as may be necessary to prerent the use by private persons or by societies other than those upon which this convention coders the ri ht thereto of the emblem or name of the ded Cross o; i’amblame ou de la d6nomination do Croir-Geneva Cross, particl~larlv for commercial
Kouge ou Croiz de Qendve, notammcnt, purposes by means of tradamarks or com-
dnns un but commercial, par lo moyen do a1 labels.
marques do hbri ue ou ddcommcrcc.

~’~nterdictionpe !’em loi do IJentblc\n~e The prohibition of the use of the emblem or, de la d6nomlnotlon ilont il s’aeit Dro- or name in question shall take effect from the time set in each act of legislation and at thelatest five years after this convehtion goes lnto effect. After such going Into effect it shaIl be unlawful to me a trade-iigueur, il ne sera plus licite prendre une mark’or commercial label contrary to such
marque de fabrique ou de commerce con- prohibition.traire B,J’interdiction.
ART. 28. hthe event of their militarv sl&ia cnt ziilt?m&t B prendro GuB pro-
poser % leurs 16grslaturcs, en cnsd’insuffi-
sance de leursloispenalesmilitaires,lesme-
suresn6cessairesphdprimer en temps de
euerre. les actes mdividuels de)aillace et de
mauvais traitements envers d6s hl~ssb et the sick and wonrided of the armies. as
well as to ounish. as usmations of mili-
~articuliers non 6rot6c6s aar la ~rbeute
Convention. —
Iis se wmmuniqueronl, par l’interm6di-
aire du Conseil federal suisse: les disposi-
tions relatives b cette repression au plus
tard dans les cinq aqs de la ratifibation de la prbente Convention.
Dispositions gdni~(12es.
ART. 29. La orbente Convention sera
di~lomatiaue8, tontes les Puisianw con- trictantes-
ART.30. La prbente Convention entrera
en vigueur pour chaque Puissance six
mois aprk la date du depbt de sa ratifi- cation.
ART.31. La prkente Convention, dilment rati!36e, remplacera la Convention d,u 22 aollt 1864 dans la mDD0rtS entre 113 Etats
..-.~
La Convention de 1864 reste en vigueur dans lcs rapports entre les Parties qui I’ont
signbe et qui ne ntifieraient pas egalement
l’prbente Convention.
ART.32. La prbente Convention pourra, jusqu’au 31 deeembre prochain, Otre sign& oar les Puissances reor&ent4es b la Con- ference qui s’est ouvede % Genbve le 11 juin1906, ainsi ue par 1e.s Puissances non reprhntges48. cette Conf&ence qui out sign6 la Convention de 1864.
They ~vill communicate to each other throuch the Swiss Federal Council the measGes taken with a view to such repres- sion not later than five pears irom the ratidcation of the present convention.
Qene~aZprovisions
ART.29. The present :onvention shall he ratified as soon as poss~ble. The ratifica- tions will be deposited at Berne.
A rewrd of the deposit of each act of ratification shall he re ared of which a dul certified copy galfbe sh, through dipcmatic channels, to each of the wn- tracting powers.
ART. 30. The Dresent convention shall
become operativi as to each power six
months after the) date of deposit df its
ratification.
ART. 331. The present eonvention when duly ratified shall supercede the cbnven- tion of ~u&t 22 1864 in the relations between the oontrahir ‘6-:*-+–
YVY’W.
The Convention of 1864 remains in force in the relations between the parties who signed it hut who may not also ratify the present convention.
ART 32. The present convention may until ~ecember 31, proximo be signed by)the powers represented st the conference which oaened at Geneva on June 11.1906. as well kiby the powers not repreiented at the conference who have signed the Convent~on of 1864.
RULES OF LAND WARFARE.
Cells deces Puissances qui au3l dkem- Such of these powers as shall not have
bre 1908; n’auront pas signi la prbente signed the present convention on or before Convention, resteront libres d’y adhbrer December31,1906, willremain at liber to par la suite. Elles auront 9, faire Coq- accepe to it after that pate. They 2a!l
naitre leur adhbion au moyen d’une noti- signlly their adherence in a written notl- fimtion Lcrite adressBe au Conseil f Bdbral fication addressed to the Swiss Federal
&Get Eommuniqufeparcelui+i 8. touts Council, and communica~d to all the con-
les Puissances contractantes. tractine oowers bv the said Council.
Les autres Puissances uourront de Othe? %owers mav reauest to adhere in mander 9, adh4rer dans la -m&me fome,
mais leur demmde ne oroduira effet aue
si, dans le d41aid9im ank part1.1 de lanoti-
fication au ConseilIbddral,celu~+~ n’a rwu
d’opposition de la part d’aucune des Puis-of rtnv oo~ositionon the Dart of any of the sances contractantes. contfact%%ie oowers. –
ART.33. Chacune des Parties contrac- ART.33.-~ach of the contracting parties tantes aura la facult6 de dhoncer la pr& shall have thcright to denounce the present sente Convention. Cette dhonciation ne convention. Thls denunciation shall only produira ses effets u’un an aprbs la noti- become ooerative one vear alter a notifice fication faite par &it au Conseil fBd6ral tion in &itin shall hive been made to the
which shall forth- ment la notillcation 8, touts les autres with communicate such notification to all suisse; celui-ci communiquera immbdlate Swiss ~ederaf~ouncil,
Parties contractantes. the other contmcting parties.
Cette d4nonciation ne vaudra qu’h This denunciation shall only become 1’Bgard de la Puissance qui l’aura notade. operative in respect to the power which has given it.
En foi de quoi, les Plbnipohtiaires ont In faith whereof the plenipotentiaries
sign4 la prbente Convention et l’ont have signed the present convention and
rev&tue de leurs cachets. rtffixed their seals thereto. Fait & Genbve, le six juillet milneuf cent Done at Geneva, the sixth da of July, six, en un seul exemplaire, qui restera one thousand nine hundred anzslx, in a
dBpos6 dans les archives de la ConfBdbra- single copy, whlch shall remain in the
tion suisse, et dont des cooies. certifibes archives of the Swh? Confederation and
conformes, seront remises pa? la voie diplo- certified coples pl wh~ch,shall be deliv~red matique aux Puissances contractantes. to the contracting parties through dlplo- matic channels.
[Here follow the signatures.]
* * * * * * *
RULES OF LAND WARFARE.
stances spy pretent les diff6rends qui, en cumstances such dserences as may arke temps de pais s161hveraient entre ells re-among the&, in time of pence, concerning
lativement ‘l7interprQtat1on de ladlte the lnteipretatlon of the said Cony ntion. Convention. This wish was adopted by the fo80wing
States;
Ce V~BUa BtQ bot6 par les &tats suivants: Germany Argentine Republic Austria- AUema e, RQpublique Argentine, Hungar delgium Bulgarla ~hiie China, Autriche%onfie Belgique, Bulgarie, Con o &enmark !ipain (adJrelerehdum) Chili, Chin ,codgo? Danem~k, Es agne ~nife$ States of~merica, United stat& (ad ref.) itats-~ d’Am6rlque $tats-ofBraz11 France Greece Guatemala Hon-
uis d; Brbil, Eats-~nis ~Lsicains, duras ftaly duxembkg ~ontehe~ro
France Grace GuatQmala, Bonduras, Italle huxembburg Montenegro, Nicma- gun ‘~orvbge, ~ais-~as P6rou perse,
~oitu~al,
Roumanie, ~usiie, ~erbio, Slam, SuBde, Suisseet .Ul uguay, ,
Cevc~ua6tQrejeteparlesEtatssuivants: CorQc, GrandeBretagne et Japon.
En foi de quoi, les D616guQs ont sign6 10
present Protocole.
Fait B Genbve, le six juillet milneut cent
six, en unseul exem laire, qul sera dApos6
aux arcrchiv~ de la &nfQdQraticn sulsso et
dontdescoples certfi8esconformes. seront NicarLgua horway ~hd~e+erlan+: Peru l’eriia Portuga)l Roumama Russla Servla, Sia&, Swede& ~witzerlhd and
Uruguay.
The wish was rejected by the following States: ‘
Corea Great Britain and Japan.
In witness whereof the Delegates have si ned the present Protocol.
%one at Geneva, the sixth day of July one thousand nine hundred and six in sin 1~ copy which shall be deposited in the aictives of the Swiss Confederation and
dQlivrQes& todes les Puissances reprQsen- certMed copies of which shall be delivered
tQes& la ConfErence. to all the l’owers represented at the Con- ference. [Here foUow the signatures.] Great Britain signed under reserve of articles 23, 27, and 28. Persia under reserve of article18. The ratiffications of the following States have up to the present been deposited:
Great Britain.
Siam.

United States.
Russia.
Italy.

Switzerland.
Congo.

German Empire.
Mexico.
Denmark.

Brazil.
Luxemburg.
Belgium. ,

The following sc
Nicaragua.
Venezuela.
‘&:ti.

I     Servin. Norway.
Honduris. Portugal.Roumauia.
Sweden.
Guatemala.
Bulgaria.
have been notified:
Cuba.
Paraguay.
Costa Ria. Salvador.
INDEX.
Xey: The nyerieal references are to paragraphs unless otherwise idicated .
Numerals iollomg abbreviations for The Hague and Geneva Conventions. etc.,
refer to the number r f the article of the convention or declaration .
Examples: G.C.8 indicates Geneva Convention. article 8 . H. VZII 6 indicates The Hague Conventian vllI. relative to the laying of automatic contact submar!ue
mines article 6;H. R.3 moans article 3 of the annex to The Hague Convention
No.I+ respectmg the laws and customs of mar on land .
The letter n is used as abbreviation ior note or notes . Examples: 355n means para-
yph 355 of ten and note; n(212) means note to paragraph 212 test . See abbrevia-
ions, page 8.

A. Acts constituting violations of laws of war …………………….. 363 to 378 ine.
which do not forfelt rights of neutrals ……………………. 430 H b 18

forfeit rights of neutrals ……………………………..429: H: V:17
Administrator. occupying state holding enemy’s real property. acts as …….

355n, H.R.55

Aeroplanes. use of. to bombard undefended laces prohibited ……………. 21311

throw projectiles into Yorts etc …………………… 215n

Agreement to convert mat6riel of mines to conform to rules …….44011,H.VHI. 6

Agreements entered into during war ………………………………….. 12

existing during war ……………………………………… 12
Aid socletlea. volunteer. with qanita~y formations. etc.. q.v ………. 133. G C..10 .

conditionsprescribed for employment ……………….. 133 135 136

matkiel rulos concerning ……………………… 14.3.149. )G.c.. 10
~ationai~ed ~(1%) 134

cross only authorized by United States …..
others may work through Red Cross …………………….. n 133
personnel of. captured. pay and aI1owances …..—-………… ‘llj
of neutrals …………………………………… 137.138. Q .C.. 11
conditions of emplo ent of …. 135
Ambassadors. etc of neutrals. safe conduct &?(see Dlplomatlc ~g&sj …. 233
American rule. pr&ate property enem f ……. 335

warning author~ties be ore bombardment (see I1. . R 2b) ….. 217

Approprlatlon of enemy property …………………………………….

12

Armed enemies. capture of (see a so Prisoners of War)…………………. 12

destruction of life or limb of …………………………… 12

Armed forces. consist of ……………………………………….42 H.R. 3
Armed land forces. instructions to be issued to ……………………. 5.’~.IV’ 1

Armed prowlers. defmition of ……………………–………………… 3?3

not treated as prisoners of war ……………………….. 373

ArhlIstlce. acts permitted durfng ……………………………….261. 270 (e n5

proh~bited durmg .,……………………………….. 270 e n 5
belligerent COO S’ location to be fixed in ………………… 270 rcin 3

between ens.{herman and ~ohnston ……………………… ~(260)

Ja an and Russia at Portsmouth …….-……..App.D,pi:;

binding w%en …………………………………………….

burial oi dead ……………………………………… .

App $?’2639i
cessation of hostilities or arms ………………………………

commencement of ………………………….. 260n. 270 (a),H .R.. 3

dehition of …………………………………………….. 256 (a)

-stice. 271.272.275~. H R.. 40

denunciation of ……………………………. .

. 36

duration of ………………………………. 257n. 270 (b)n2 H R

effect of ..,…………………………………… . 2.57. H.~::36

espionagedurlng…………………………………………2iO(e)

. .
form of. between besieging force and garrison ………….. App B.p 95

t !vo opposing forces …………………. App.A. D.94

burial of dead.; ……l…………… ………… App.C.h .96

not prescribed ……………………………………… 262

cneral…………………………………………263 264 H .R . 37

h.R.governing ………………257 263,?67, 268 271, ?7i H’R . 36bl

intercourse in.t eater 01 operations may be regulated b 2&; H.’R. 39

suspended during if nqt s ecially authorize&: ……… 269n

. .
Japanese project for, wlth Russia m ‘?urnen Region ……..App F,p 98

kindsof …………………………………………..26311 H R. 37

. . ‘. local………:………………………………….. 263, 265’ H: ~.’37

1.
nature of ..;………………………………………….258: H.R..36

neutral zone during ……………….. 270 (c),n(275), Ap pp 94 97 98

notification of …………………………………….. 8~bn:H.k.;38

~~~~~ ~-~
prescribes ‘elation between armies and neonln .
orotocol of coudiiions of .between .Tnn.
suspension of arms. form of ……………………………… 266

termination of ……………………………………………. 260n

time of commencement and termination of ..ini~ortanceof ……… 26011

A

truces……………………………………………………

vigilance to be maintained dulinlg ……………………………n!?i%

violation of, by in&vlduals …………….. ………… 274, H.R.,41

arties thereto ……………………. 271,272, H .R.,40

written, preferatle ………………………………………… 262

Armlstlces ………………………… Chap.VII,sec.3,p.88 H.R 36 to 41 inc .

Arms, etc., of interned belligerents, disposition of ………………… .’……. ‘41511

personnel of sanltai y folmatlons, etc ……….. 124 126, 139 G.C. 8 12

wounded with sanitary formations…………….. ……i29, GIc’.,~

Arms, sus ension of . (See Armistice.)
Army. (&e under Belligerents.)
Army of occupation can take possession of what …………… 341 360 H.R 53

militia and volunteer corps part of, den …………. 30,32,33,’34, 3k H.R’, 1

Art, buildings devoted to, destruction of ………………………..358,b.K., 56

protection, during bombardment ………. 22.5, H .R., 27

use of ……………………………………… 359
Asphyxiating or deleterious gases, diffusion by projectiles containing ……… 3 (b)
Assaults, bombardments, and sieges . (See Bombardments, assaults, and

sieges.)
Authorltles, warning of, before bombardment ……………… 216,217n, H .R., 26

Automatic submarine contact mines . (See E.VIII):
Anchored ……………………………………………432n, H .VIII, 1, 3

ceasing to be under observation, danger zone to be notfied
when ………………………………………. ..437, H .+I11 3

danger zone. mariners to be notfied 01 …………….437, H:vIII: 3

precautions to be taken ior peaceful navigation …….. 437 ICi VIII 3

removal of …………………………………….43911′ H: VIII’~

requirements for ………………………….436.437, H. VIII, 1: 3

restrictions asto laymg …. 434, n(435),436440,H .VIII, 1,2. 3, 4, 5 6

when broken loose from moorugs ………………… 436 H.VII~1

‘As authorized, risk to neutral navigation.. ………. 435,443, n(439)’ H VIII’ 6

Bombardment undefended minedpla ce………………. ~(214)H.IX’ 1

Comm!rcialnavigati?n, forbidden tolay contact minestointercept.434 b.VII~2

Duration of convention on mines ……………………….. 442 il VIII il

Effect of ivle as to use of contact mines ………………. 435n,4&, . VII~,2

Institute of international law, rules as to mines……………………. ~(443)

Kinds of ………………………………………………….. 432~1,433

INDEX.
Automatlc submarine contact mines–Continued .
I cC
I..
Mariners to be notiliedof when ……………………… 437.438, H. VIII 3. 4
Mat&id oi mines. agreedent to convert to conform to rules….. +ton H.VI~I6
Navigation. commercial. lay in^ mines to intercent. forbidden …. 434 H . .VIII! .2

neutral.useof mm-es a rlsk to …..1.r………… …..

435n.243.11141’91
Neutral powers may lay and rules governing ………………..438; H.fr1k1 4

Observation mmes ………………………………………………. 43h

Shipping neutral inadequatelyprotected ………………. 43511 443n n(439)

~orpedo&,kinds forbidden …………………………… …..441, H.kII1, 1

Unanchored…………………………………………………. 43211 433

to beharmless when …………………………. 433, H .V~I,1

Zone, danger, lule as to n’otifying when mines cease to be under observa-
tion………………………………………………….. 437, H .VIIT, 3

Bad faith. cruelty etc ……………………………………………….. 18

Balloons. bombarding undefended lace from ?!o:””.eed:. .1 ….. 213

……..l…

. .
discharging rojectiles an?explosiv& tom 3 (k), 21511 H .D., XIV

el fort, suspension ofarms ………………………………….. App . G.,p.99

Belligerent, action by, in case of parlementaire Lrom enemy (see Parlemen-
taire) ………………………………………… 243, H .R., 33

. . authorized to purchase war supplies hom companies, neutral
states………………………………………………… 40511

government, declaration of, concerning paroles ………………. 7711

marauders may be punished by either ……………………… 374

method of reception of enemy’s arlementaire………………. 246

not compelled to permit with8awal civil population from be-
sieged glace …………………………………………… 218

reprisals y may be resorted to, when …………………….. 379

sending arlementaire, must cease firing ……………………. 249

sends ro8s of sick and wounded enemy to his authotities .. 113 G.C., 4

Belligerents, armistice between, when binding ………………………..’.. 259

capitulatious between, involve what …………… 250,251, H.R., 35

channels of communication concerning sick, etc …………….. 115

communication between, by parlementaires …….. 235,236, H.R.,32

debts of one to another ………………………………….n(303)

flag of truce, use of in communicating …………….. 738 H.R., 32

general rule of conduct for …………………………. 4 $.H. IV

intercourse between, rule for ……………………………. 236, 232

exceptions to ……………. 231 233 234

Belllgerents lnternedlnneutral territory ..411, 416 417 418 423 H.V 11 12 i3 li 15

arms, equipments, etc., disposkiod of: …I….. :)..I..:..’ 4i5n
maintenance of ………………………………….. 416

neutral state, duty of …………………………….. 412

may impose conditions ………………. 41311

parole of officers o t……………………. ……….. 41411

p.~isonersof mar escaped …………………. .

417n, H V., 13

sick and wounded, belligerents ……………………. n(417)

Belligerents, lawful, army, service in, not necessarily voluntary to qualify as .. 31

msy join before or after war ………… 31

certilicata or distinctive badges required, when ..32, H.R., 1

commander required for …………………….. 30 H.R. 1

conditions required for …………………….. 30, d.R. 1’2

distinctive emblem required for ………………. 30, H .k.. 1

sign, requirements for ……………. 33n, H .R., 1

notice of ………………………….. 33n

instruction in laws of war required …. .
5,35, H IV, 1, H.R., 1

levee en mnsse ……………………………… .

36 H R., 2

militia must have commander- …………………’… 32

shou~dharryaims openly, why ……………. 30 34 H R. 1

toconformtolawsof~var…………………. 3d35)~’~.’1

… volunteers, requisites for commander ………… 5211: H: R ..1

Belligerents. prohibited to move troops. etc.. across neutral territory …. 391 H V 2

oualiEcations of …………………………….30-42 .H.d..i.i.’3

recruiting in neutral territory. rule concerning …………….. : ‘3h

397.398.H.V ..4.G.C.. lf
…
neutrals of exis -. ~
TP~~PFt territory 01 nei itral powers …………….. 388.390. 7I3.V. i

to notify -tence of war ………………..3’80; H; II~~:

……
Bllletlngoftroops………………………………………………. 34611, 347n

Blank form for pass newspaper corraspondent ………………………….

Blanks for certihcat; of iclentity. civilian employees ………………….

..
volunteer aid societies ………………. .54;55

requisitions…………………………………………A$-p i28

Board. lodging. and clothing of prisonors Of war……………………63,%. R..7

Bombardments. assaults. and sleges:
bcroglanes. etc.. from. of undefended places prohibited ………………. 213

of forts. etc.. not prohibited ………………….. 215

Authorities to be notified before bombardment …………. 216.21711. H R . 26

A~~thor~zed n(i12) ‘214
when……………………………………………

13alloons. eic.. from. of undelended places prohibited …………. 213. H.R.. 25

of forts. elc.. not prohibited …………………….. 21511

Buildings devoted to art etc protoct~onof during …………..226 H .R 27

relikiou’etc.. protectidn of during
sick and wounded. protec$ion by. signs during .!
……… 225′ H. R” 27

.

.-.;
11. IS. LI
protected. restrictions on uso of …………………………. 228. 559

besieged to indicate hy distinctive signs …………. 225

227. H. IX. 5. 11.R., d
Communications between besieged and outside during ………………. 22411

dipionlatic agents. neutrnls. and their govern-
mentdurinx ………………………….. n(224

Defendcd places although unfortified. pennitte d…………………… n(2121

Firing dur,n$ nked not cease whet1 noncombatants lowe ……………. 223

Forts and fo&ified placcs-
-4merican rule concerning …………………………………….. 217

Authorities to be warned of ……………………………. 216.H.R .. 26

Xuelish rule concernine …………………………………..’ n(al7)

~ihdrawalof noncombatants from- during .1. … .1.1.11 11 11 11 I 21ii22i1%i

Monuments historical etc . to bs protdted during …. 225 H R 27 H IX 5

~ava~ by ………………… 3 (h), ;1(2i2),’B .i~,’p 174 .

forces) in time ot wa;
Places occii )ied by sanitary’troops only, prohibited ………………….. 214

~ndefendeRplacesby aeroplanes. etc..~rohbited…………………… 213

forbidden ………I . .

……………………… 212 H R.. 25

having automatic submarine mines near …………..n(2’12

to secure money contributions,unauthorized….. ..-1g121
am 4

requisitions…………… n(212) n(2j0) H: IX’ 3

Booty and capture. whoseproperty ……… 56n n(336) 337 n(&9). ~.k.

46 $47
Brassard and flag. Red Cross. legislation regardink use of ….[……. 171. G.d.. 27

Brigands. men in arms of levee en masso not …………………………… 37

Bulldings devoted to art etc……….. 225 227 228 358 35911. II.R.27.5G. H.IX. 5

Bullets which oxpand 0r)flatten (see 3(a)n. h.h.~blyi9.1899; 3(c)) ……… 175

184.185.11 . R., ~(ej
Bureau of lntormatlonfor prlsoners of war (see also Prisoners of war).. 8b90
11.R 14-26

Deaths. names. wounds of prisoners of war. etc.. record of ……… 83. H.”R.. 14

Functions of ……………………………………………… 83 H.R 14

Information required to be kept by …………………………. 83: H.R: :14

Postal duties for. free ……………………………………… 85 H.R 16

Relief societies. facilities afforded to …………………………. 87′ H.R’ .15

Required to keep return or card for prisoners ………………… 83; H.R: :14

To collect and forward valuables letters etc …………………. 81 H.R. 14

When and whereinstituted …..(. ……). ……………………. 83′ H.R ’14

Burial of dead. form of suspension of &ms for …………………..~i~C “98

prisoner6 of war …………………………………….. 90. H.!&19

INDEX.     199
Cables. submarine……… 341 342 363 344n 406408 410 H.8. 53 54 H.v 8 9

Institute of &tedatio&l L;W. rule; con)cernini…I.. .’….n(34)4)Ca~ltnlatlon:
:……….:. …………..hi..i…………………………-Definition of

App.C, p .84,n(256)
.L …….. App.A1p.m

Port.hthur, at…………………………………………. App.D, p.85

Santiago, at………………………………… i …………. App.B 83

Verdun at………………………………………………… n.5 &2)

~apitulatl6ns:     . . … .

Appendix to …………………………………………..,……:…… 254

Between belligerents, involve what .i …………’!…………….’ 2-50,H R 35

Commissions, a pointment of, to carry nut provisions of ….. 25410)
enunciation or…………………………………. :::::::::i :……. 256n

Flags, destruction of, before ……………………………… :……. 254 (c)

Formof …………………………………………………. > …….. 253

Garrison treatment of in…………………………. l…….. 2j4 (a) nl 2
~tary ….. 250

.. horn must bk considered in . …………….(. .: H.R.’35

Powers of commanders when making, limitations on …………….1 …. 25211

Prisoners of war retention of property by ……………::…………… 254 (d)

Property, damaie-ordestruction of, after……………………..L. …… 25511

private, treatment of, in ………………………………. 254 (d)

Subjects usually regulated in…………………………………… 253, 2.5411

Written, preferable ………………………………………………. 253

Captured troopsi status of, how determined ………………………….. 40

Capture of persons…………………………………………………. 12

right of in naval warfare……………………………….. 3 (i)H.XI:

Captures and bboty, whose property ……… 5611, n(33G), 337n,339n, H.~!,46,47

Cartel:
Definition of ……………………………………………………. 284

Voidable……………………………………………………….. 2S4

Ships, definition of ……………………………………………… n(284)

Binding effect of…………………………………………………. ~(284

Cases not covered by written regulations ………………………… 4, P.H.,d

Ceusorshio:
Evasign of regulations of…………………………………………. 375

.’     Press in occupied territory ……………………………. 305.341. H.R., 53
Prisoners of war correspondence of………………………………… 86

Telegrams etc..’in occupied territory…………………… 305.341. H.R.. 53

CertlRcate of )identification.forms for civilian employees………….. pp. 36. 37

news corres ondent………… Ap.A. p .35

. .     ersonnel. zed Cross…. nl (135a), ppr 54. 55

cessation of arms or hostilities (trucef………………………………..n(263)

Cha lalns:     . .
. Frotection for………………….;.. ……….: ….. 130.132. G.C.,9

Ca tured,pagof ….,. ……………………………………. 142 G C. 13

~harit%bleinha ltants m re enemy sick and wounded ………….. 116, G.c., 5

chivalry. principles of. hectdg warfare.,. …………………………….. 9

Clvlllan employees. form of certitlcate of identification ………………..pp.36 37

… descriptionof to be on certificate of identitlcation……. p137

Civilians living between lines tre&ment of…………………………….. 220

Clvll officials and di lomatic hgents,may be made prisoners of war when…..47 (b)
popplation. wigdrawal from besieged place. not absolute righi………. 218

Clothlng of risoners of war ……………………………………..63 H.R . 7

code. compEte, not wholly written ……………………………..4 P.H. hr

Collective punishment may be inflicted on commumily………………I … 35411

……………………………. …. Colored troops. enrollment authorized

Manila, at ……………………………………….

Metz, at ……………………………………….

Combatants. (See Belligerents.
right of. to be treasd 8s prisoners of war ……………. 42, H.R..3

Commanders. ordering violationsof laws of war ……………………….. 366

Commencemeirt of hostlllties. H.III,.Chap. 11:
Armed forces of enemy. rights, duties………………………………. 29
Army. militia. and volunteers constitute. when……………………… 30

Commencement of hostiUtles.Continued .
Belligerency rights of. when operative …………………………….. 23

~elligerents.’lawful. condzt~ons required lor …………………………. 30

Declaration off ar requued … ………………………………….. 19n. 20n

Enemy population, two classes …………………………………… 29

Eqemy subjects resident. treatment of …………. 24. 25×1 1. 2. 20,27, 2811 1. 2 3

Hostilities rest<iction of …………………….–………………….. 66

awful bedigerents ………………………………………………. 30

armies……………………………………….. 30

militia………………………………………… 30

..
~
volnnteers………………………………………. 30

……….

Militia part of Army, when ………………………………………. 30

~eutra\~owers, ……………………… 21,22,H.111 2,3

rights and duties of
Notifications olneurrals ofexistenco of state of war …………….. 21, H.I~I,2

Population enemy. two classes ……………………………………. 29

Resident enemv subiect …………………………………………… 24-28

surprise of unp-repaied enemy …………………………………….. 20n

Volunteer corps. art of Army. when ………………………………. 30

~arnmgrequne$prior to ……………………………….. 19n. H.111.1

Commerclal transactions in hostile country by officers and men …………. 338

supplies b compan~esof neutral States …….. 40511

Commissioned o@cers..how paroled . &ee Oficers)……………………. 75

Commissions. capltulatlons to be carried out by ………………………. 254 (e)

(lommon law of war. military offenses under ………………………. 16

Communication between belligerents at night ………………………….. 242

by parlementai~es …… 235-249. H.R., 32’34
white flag ……….. 238,243, H.R., 32. 33

besieged and outside …………………………. 224

diplomats. neutrals, in besieged place with own Gov-
ernment ………………………………….. 224n

enemy with own Government in occupied territory . 204

lines of hostages taken to protect……………………… 38711

traffic. btc channels of. obstruction or destruction of …….. 12

Communications. means oi,’in neuJral countries …………40E-410, H.V., 3.5.8. 9

Compensation for maintenance. of luterued troops ………………………. 416

p~operty,private. semd ……….. 341,344.358, H.R. 53 54 56

violations of H.R …………………………… 363: ~.’1d,3

Complaints public. of violations of laws or war
……………

….
Complete code not who11 written ……………………………… Conduct of hostllitles . [see Means of injuring the enemy.)
Conduct of war (seo also Neans of injuring the enemy):
………364. 365

4. P.H.N
……………………………..

Participants in
Regulated by 11110s …………………………………………….—1

Rules, unwritten. how applied ……………………………….4. P.II.IV

written and unwritten. designation of ………………… …….. 1

relating to war on land ……………………………… 3

result of convention or treati es…………………….. 2

where discussed and formulated ……………………… 2

Confiscation. private property., 336% n 337) 339n 340, 3-58 n(360), H. R., 46.47. ’56

………. 219

Consular of8cers. neutrals. nght to wrth6raifrom’besieged placeCBCB
………….Consuls treatment of

ont tack mines. automatic submarine., (See Automatic submarine contact
2

…………………………………..

~(427)
mines.) I

Contractors. newspaper correspondents. etc ……………….. …… 46. H.R.13

Contributions:
Collection of …………………………………….. –.351.352, .I%.8.49.51

Failure to pay money by undefended towns. bombardment unauthorized ..
~(212). H .IX.4

Hostages taken to insure compliance with ………………………….. 387

Method of levying ………………………………………. 352. H .R.51

Receipt for. to be given …………………………………. .

352. H.R 52

……………………….. ………………… .

form for —-p 1%
Rules as to……………………–………….. 345.351.352.353, H.R.49-52

INDEX. 201
Conventlons and declarations international:
Convention relative to the oieninp of hostilities .(H. III) A p. No. 1, p. 151 3 e) respwting the laws and customs of war on fad.. …….. (HITS)NO 2 153, 3(f)d preamble to H. W… …………… (2PIVj b,Zp. 153, 154 r ulations respecting the laws and customs df war on ?and (Annex to H. N abbreviated H. R.). …App. 2, p. 156 respecting the rights and duties of neutral owers and ersons in case of mar on land.. ………(H. ~f~pp. NO. zp.166, 3(g) relative to the laying of automatic submarme contact mes.. (H.,VIII) A p. 4 p. 170,3(i) concerning bombardment by naval forces m tlme ofwar!. ….
(H. IX) App. 5 p. 174 3@)n relative to certain restrictions with regard to the exercde of th;
right of capture in naval war.. …… (H. XI), App. 6, p. 177,3(j) Declaration relative to prohibiting the dlschar e of rojectlles and explo-
sives from balloons.. ………………… &V

2~.App. No. 7,p. 181 3(k)11
Thble of ratific?tions, adhesions and reservations to The hame convention;
and declarations.. ………………………………….. A p 8,pp: 184-185

Convention for the amelioration of the condition of the woundec?~ armles in the field, also known as the International Red Cross Convention and
18@ 3(d)n p.App 9 … ………………C.)(G.Geneva Convention of 1906

List of iatiffications and adhesions to the Geneva Convention of 190’6.. …1 p. 194 Declaration of St. Petersburg convention, 11Dec., 1868, regarding explosive
&roptiles not ratxed by Umted States). ….. 10n,n(175), 3(a)

e ague, fuly 29,1899, forbid$mgtheemployment ofpro- jectlles which haye for their only object the diffusion of asph i-
atln and deleterious gases Gt
ratded by United States). (H. D. 1) 3 (bj
preventing the employment of bullets which expand or flatten in the human body (not ratfied
by United States). …. (H. D. 2 ,3(c)
Convoys of evacuation (see under Sanltary formations and establishments.] through neutral states ….418 41911 420 421 422 424 H. V 15
sick and wounded prisoners of’war.!.. .!…’42$423’~.~)15
munitions and sup lies in neutral territory.. ………. 39i 396, H. $,2
Corps of combatants can not Be formed in neutral territory ….. 396,897~1,H.V,4
Correspondence of diplomatic agents of neutrals.. ……………….. 22411, n(427)
Courts-martialand military commissions.. …………………………… 16n
Crimes, partial list of, against laws of war.. ………………………….. 366,372
punishable by enal codes, committed by soldiers.. …………… 378
re’shlt of war, sl?ould be defined and made known to inhabitants. …. 375
war,punishable b either bell~gerent.. ………………………… 366
punishment gr. ………………………………………. 366,377
see also Laws of War………………………………….. 366,372
Crlminal Wa’……………………………………………………. 366378
cruelty, bad faith, extortion, revenge etc.. …………………………… 18
practice of not permitted by hilitary necessity …………………. 13

D.
Dead, duties of commanders concerning.. ………………………… 166 Q. C. 3

form of armistice for burial of.. …………………………. App. b. p. b6

valuables, etc found on bodies of.. ………………………..166 d C 4

Death sentences.. .:!………

….
…………………………….17’37’7 3118

Deception permitted but not peddy ………………………. n(190), f91,i92n

practice of.. ……………………………………………….

Declaratlon of war… ……………………………………….. 19,H. TII 1

time between and commencement of hostilities.. …….. hl

Declarations and conventions. binding on whom ……………. 7.pp .184.195. 194

reservations. effect of …………….. ……. 7

Defended place. defined …………………….. —…………………… 214

although unfortified. may be bombarded ……… n(212). H.IX. 4
Definitions:

Armed prowlers ………………………………………………….. 373

Srmistme……. ………………………….. ………… 256a, H.R., 36

general and local ……………………………….. 263, H.R.. 37

Capitulation…………………………………………………….. 251

Cartel………………………………………………………….. 284

Cartel-ship…………………………………………………….. n(284)
Defended place ………………..–………………………………. 214
“Fixed establishments” (sanitary) ………………………………… 120
Highway robbers ……..–……………………………………….. 371
Law of hostile occupation …………………………………… n(14), n(16)
Marauders 374n

Martial law. ……………………………………………………… 14n
Military government ……………………………………….$4). ~(16)

occupation…….. ……………………….. 253, H.R. 42

Mobilesanitary formations ……………………………………… 118. ‘119

Neutrality ……………………………………………………… 388

Neutrals……………………………………………….. 425.11 .V., 16

Parlementaire……………………………………………………. 235

Passport……………………………………………………….. 276n

Pillage ……………. .-……………………………………….. n(339)

Pirates of war ……………………………………………………. 371

Prisoners of war …………………………………………………. 43

Publio war …………………………………………………… n(3). 10

Repsal ………………………………………………………… 379

.Saecondwt……………………………………………………. 277

Safeguard………………………………………………………. 282

S y …………………. —..–. .–………………….. 19913. H.R . 29

J&. public ……………….. …………………………….. ~(10)
rebels…………………………………………………….. 370

traitor …………………–..–…………………….. 203.204. 205
Denunciation of armistice ………….. ……—. 27l727@,I3 .R 40

capitidations
I1. IV (Note: Other Hague convent~ons have provision
simi1arto.H.IV; see Appendices.) ………….H.IV 8. p 156 .

Deserters can not claim privileges of levee en masse…………………….. 3811

captured in service of enemy punishable ..,…………………… 3811

status of. how determined., …………………………………. 40
Destruction of channels of communication. etc …………………………. 12

life or property ………………………………………-. 12
Devastation. limitations on …………………….. 331. n(332). 334. H .R.. 23 (g)

of a district ……………………………………………. 13
Diplomatic agents and civil officials may be made prisoners of war. when ….47 (b

comes ondence of ………………………….. 22411. ~(4271

neutr$ in besieged place. communication with outside … 224n
right to withdfaw from besieged place …….. ………….. 219

treatment of ……………………………………… [ 42711
Distinctive emblems. prohibition of use of as tiade.mark. etc… 170.171. G.C.. ’27. 28

E.
Enemies. armed destruction of life or limb of …………………….. –..–12

Enemy. commukcation with by citizens of occupied territory …………… 204
means of injuring. ‘(see Peans of injuring the enemy.)

uniform. etc.. improper use of fqrbidden ……….. 194.196n.197. H .R.. 23
Engagements and treaties concluded with enemy durmg war ……………. 18

Equipment. etc . of interned belligerents. disposition of. ………………—. 41511

prisonirs. punishment of ……………………….. .R.. 8

~sca~ed 78. 79. 80. H
Espionage and treason. ChapFr VI. S.w tion III.

assistmg. pwshable …………………………. 211

during itrmlshce …………………………. 270 (e) n5

INDEX. 203
Excscutlons. summary. not contemplated ……………………………… 40

-.3. I……. ….

Ex parre mlrlglur ………………………………..n(14)

Expedition. host) ile or anization of inn .eutral territorv …396.397n.400n.H.V.4

Emellcld person fr~miesieged plde. may be sent back …………7. 1

-1-1: 222

E~losiveprojectiles, s$eH .R., 23 (e)…………………………………. 3 (8)

Explosives and rojectlles from balloons … ……………… 3 (k). 174. 17611

….
~xtortfon.cme&. etc ………………………………………………. 18

of conI~ssions by torture …………………………………… 13
Finger prints. on certifficates of identi6cation ………………………….. 46

135(a)n App .A and B. pp.35-37. App., p .109
Firing need not cease during bombardplent +hen noncombatants leave …… 223
when enemy hoists white flag …………………….. 239n
not to be directed on parlementaire ……………………… 240 H R 32
Flag and brassard. Red Cross. legislation regarding use of ……….. 171′ G’ C” 28
Flag of enemy. improper use of. forbidden ………………… 194, 196n.~: R:: 23
truce………………………………… 236.249, H.R., 23 (1). 32.33. 34

abuse of. what actr .
improper use of, fo
m

white. causes for belligerencu raamg…………………………….. n(&y)

firing may be wntinued after hoisting of …………………… 239n

…………..

signiftcation of ………………….:.. ……………..2.38 H.R 32

Flags, destruction of before capitulations ………………………….’..-254~)

Force, aplount and dind. of, permissible……………………………….. 9

Forests ~n occupied territory, use of ……………………… 355,356n, H.R., 55

Form of reprisal ……………………………………………………. 366

pass for news aper correspondent ………………………….. .

p 35

~orms,cert~cateof i&ntity ………………………………… pp.36,37,54, 55

of armistices …………………………………. App.A-G, pp .94-99

passports…………………………………………………..p.103

receipt for supplies …………………………………………. .

p 128

.
s@econduct………………………………………………..p 103

sareguara…………………………………………………..p.104

Fortltlcatlons, pr.k oners of war ma work on. when 86

~orts.treatment lncapitulations oPgarrison of …….: : 1:::: :: :: :::::1::: ::: : 254n

bombardment of. from balloon …………………………….. 21511

French army. rule concerning H. R …………………………………… n(7)

wnvention governing internment of. by Switzerland ..App.A.p .146

Frontier. patrol of. by neutral ……………………………………….. 393n
Galn. individual transactions for. prohibited during war ………………. 18 338

Garrison treatdent of in capitulations ……………………………….. $5411

Qeneral iule of condud for belligerents ……………………….. … 4. P.H.IV

Geneva Convention of 1864 ………………………………………… 3(d) n3

Jul 6. 19Mj (abbreviated G.C.) (see also under Sanltary
~ormatlonsand establishments)….. 3(d) A p 9 186

G.C.applies to sick and wounded interned …………………….. &3,k t..15

.
blnding on whom ……………………………………… 3(d) n3. p .194

Geneva Cross legislation of signatory powers concerning use of ……. 170,G.C., 27

flag. rktrictions on use of …………………………………….. 226

Good ialth. breaking of ……………………………………… . 12

essential in intercourse between belligerents ………………… 232

Governments. signatory to Q.C.must instruct troops and notify inhabitants
.
…… 169. G C., 26

……………………………………………concernmg

Qulde. voluntary war traitor when …………………………………205, 372

Quiden. wmpelldg service of hostile nationals as ……………………….. 188

impressment of, in occupied temtow .187.189.321.322n.323n. H.R., 23.24. 44

204 INDEX.
H.
H. R., to whom appJjcable …………………….–…-…-.-… 6,H. N,2

Highway robbers, defin~tion of ………………………… ..,…………… 371

pun~shmentfor.. …………………………….. 371,376 377

Hospitals to be protected during bombardment by visible sign.. ………. 225 5’47

H. IX, 5, H. fi. zj
Hostages ………………………………………………………….. 36711

Hostile military occupation. (See Occupied territory.)
occupation, law of. …………………………………….. n(14), n(16

Hostilities, cessation of (truce). ………:…………………………….. n(263j

conduct of. (See leans of injurying the enemy.)
openlng of (see Commencement of Hostilities). .. 19-22 H 111 12 3
resumption of, ,after denunciation of armlstlce. ….. 27i 2i2 dA. ’46

m case of violation armisticesby soldiers. d75n:~. R.: 41

. .
Identification, certificates of.. ………::……….’….’..:……….:. -46, H. R., 13

., . fingerprints on.. App. A and 13,pp. 3537; App. p. 103

Indlvidual offenders, military jurisdiction over.. ……………………….. 17

Individuals of neutral powers may cross frontier.. …………..: 399,40011,II. V, 6

violating annist~ce ………’:………………………. 274 H. R. 41
Inhabitants, charitable, in re enemy sick and wounded.. ..:…:..::… fl6, G. d.,5

Insignia and nniform of the enemy, improper use of forbidden …….’……… 191

ig~n, 197, H. R., 23 (rj
Instructions to bo issued to armed land forces:’. …………………… 5 H. 1V 1

troops andinhabit ants… …..;…..;…..,166,G.c.,%G
:Intercourse between belligerents, comprises what.. ………….:…..:….:: 234
gencral rule for ………….:.. ;…. ;………230
,exceptions to ……… 231,233,234
good faith essential.. ……….:……..;… a 232
in theater of operations, may be regu1ate.d by armistice. 2G8n, H.R., 39

suspended when not authorized ln armi-
stice…………………………….. 269n
Interned belligerents in neutral territory. (See Belligerents interned in
neutral territory.)
Internment by neutral troops crossingfrontior.. -39311 411-424, H.V, 11,12,13;14,15
conventioi governingj French army by ~kiteerland …. Ap A, p. 146

Hague rules concerning.. …. 411,416,417,418,423,H.V, 11,%, 13,,14,15
Irregulars, regulars, and deserters, status ……………….. .’:.,:.–………. 40

-. .
Japan, armistice between Russia and ………………………….. App. D, p. 97

proctocol between Russia aud ………………………….. App E, p. 97
Japanese project to carry out armistice withRussia inTumenregion,.App. F, p. 98

rule for captured state roperty enemy ………………………..n(357

‘Johnston. Gen.. armistice with ten.herm man.. …..:…….::..:……….,n(260]

~urisdiction ovbr prisoners of war. …………………………….. 51, H. R., 4

K.
gtllingor woundlng of enemy who has surrendered forb~dden (see 36811

parlementaire…….. 24011

L. 3

Labels. commercial, can not use Red Cross or Geneva Cross as… ……
Laws. neuwtyof United States ……… l. ……………. :n(397)ja 462 n(404j

i and custm?s of war.on land ….:.y. …………………. 3 (f), 4 . I& B. R.

_ ……. .? .. bind@! on whom ………
Laws of .mar violation.of, Chap .X: ….. n4 (3(f);), PF.;84, 185

. -A& +hihiEh arb, partia! list of ……………………………………. 366, 372

. ‘Armed-forces comm1tt111g~ …………. .:i. ……………….. :………. 366

Armed prowlers …………………………………………………. 373

H TV, 3363,…::……………)…. .:..b0H1gerentmlegoverning.~.By

By.entiuecorps…….::.-.

.
j………………?!.’:!!…….-……. ……-..

..I……..-i….::….I………. 363

By- States compensation for
Commu@~t’igwith enemy by iqhabits;nts of occupi~d territory …….. 201n

.. 202,203, 2d
. Complaints ~blfyf: ..:…:zf …I! ………. :!..:…………………. 364, 365
13ighway ~db ers …………………….!:…………………….. 371
Hostilit~escommitted by individuals not of armed forces …………….. 369

… . (,
Marauders……………………….:…………………. .!………… 374

Penal code crimes. committed by soldiers …………………………… 378

PenalQ for individuaIs.. ……………………………….?. ……….. 377

Penalt~es for States for …………………………………………… 364

Pirates of war …………………………………………………… 371

Punishment for, by individuals …………………………………… 377

Refusal to give quarter ……………………… 182, 1S3n, 3GBn, H.R., 23 (d)

Reprisals may be resorted to against……………………………….. 382

Petaliation indispensable in……………………………………….. 380

Mab for (swH R., 30) ………………………………………….. 376

. .
War rebels……………………:……………………………….. 370

War trearon, acts mished as…………………………………….. 372

Laws, regulations anzorders to which prisoners of war are subject …..67, II.R. 8
Laying of submarine mines …………………………………. 3 (i), H.VI~I
Leailing beslegod place wlthout permission ………………………….. 221

Levee en masse:
(hnditions required …………………………………….. 36, H.R., 2

1)eserters can not claim privileges of …..:………………………….. 38

1)istinctive sign not required ……………………………………… 36

Not to be treated as brigands.. ……………………………………. 37

Regarded as belligerents…………………………………….. 36, H.R., 2

Itequirements less than for volunteers and militia …………………… 36n

ltesponsible commander not required ……………………:……….. 3611

IJpnsing in occupied territory not ,………………………………… 39

17lolators of laws of war can not claim privilogesof…………………… 38

LlabPLity of violator of H. R ………………………………….. 563, H.IV, 3

Licenses to trade……………………………………………………. 281

Life or hb, destruction of …………………………………………… 12

Lines of communication hostages taken to protect …………………….. 38711

~oa~ls 430, H.V, 18

made to bel1igeren)ts by neutrals ………………………….

M.
Maintenance of interned troops ……………………………….. 416 H.V. 12

Manila. capitulation of ………………………………… n(256). A& .C. p. 84

Marauders. definition of ………………………………………… 374n

oa battlefield ………………………………… 112.37411. G.C.. 3

unlshed by either belligerent ……………………………. 374

Mariners to %e notified of danger zone of mines. when ……… 437.438.H.VIIT.3.4

Martial law. as topersons. how exercised ……………………………… 17

defimtion of ……………………………………. ….. 1411

extent of ………………………………………………. 15

roper………………………………………… n(l4&n(16)

Mat6riel of v&nteer aid societies …………………………… 148 149 .C 16

Means of injuring the enemy …………………………… H.R i2t: 28 igcl

Amraft. projectiles and explosives d~scharged from ………….. “174 175; 2121
21Sn R’ D ~IV

H. k.,55,%.,1$
Communication with enemy (see H.R.29) ………………… 201 202 203 204

Conf3scation of private property …………………………… 33kn.B.R)..46

Deception ermitted. but not perfidy ……………….. lZ.n(l90). 191. 19211

Erbidden when ………………………………………… 182

laus of injurlng the enemy-Continued
Explosives and projectiles discharged from balloons etc ….. 174 f%n. 212-2i5n
~.D.,xIv,~.R.,~~,H12

Forbidden. arms.projectiles. etc..causingp. ……….. n(i75)

1.84.185. H.R., ~(ej
assassination of individuals of hostile army or natton. ………17611.

17911 H R 23(b
bullets which e and in human body … n(175). 184 185) H’ 223 e]

contamination ?water etc……………. ….176:177.H.R..23{a.

distinctive badges and imblems. im roper use of ………..170.171.
b4-198n. G.C 27 28 H R 23(f

flag of enemy improper use of …………… 164 li6n’H’ ~”23(f

truce. :mproper use of ……………… 194: 195~: H: R:: 23(f

Red Cross. lmproper uso of ………………. 170 171 194 19811

~.c.,n,is,d.fi.’,23(fj
insignia and uniform of enemy. improperuso of ……………..194.

190n. 197×1. H.R.,23(f)
killing or wounding enemy who has sul~eqdered …………. 180.

181.3G6. H .R., 23(c)
penalty for united
States….. 181

outlaw. proclaiming individual of hostile army to be ………. 179n

pillage……………………………..229 339n. 340 H.R 2847

poison and poisoned weapons ………. n(175).176.177$~ .1%;: 23ia)

projectiles. arms. etc.. causing unnecessary injury ………… 184.

185 H R. 23(e
diWlsing asph xiatin$ gases. etc ….. n(175):H: R ..23(a]
explosive arhgery mnes etc. are not ………… 185

to compel host~le nat!onak to take p&t In Llitary o erations.
eto………………………………….1i7.188. H.R.. Z(

to declare no quarter will be given … 18% 183 366 368~. H.R.. 23(d)

train wreckmg. firlng military depots. etc .. ase)noi………… 18611

hosprtal kain ………………………….. n(l86)

treacherous killing or wounding of individuals …………….17811

179.180.181.H .R. 23033

treachery. examples of ………………………………. h(178)

unlform. etc . improper use of …………194.196n. 197n. H . R.. 23(1)

Good fa/th to be observed.with.enemy. ……………………..190n.191. 19211

Hostilitrescommitted by indiv~duals not of armed forces …………….. 369

Information. procured by means of spies ………………….,.. …..199n. 200

Limited……………………………………………. 172.173. H.R..22

Military necessity admits of what …………………….. 11.12. n(190) n(332

does not adm~t of what ………………………. 13’n(190]

Prohibitions ………………. H.R.. 22.23.25.27.28.30.44.85.46.47.a. i1.52. 56

Projectiles aud explosives d~scharged from balloons etc ……………… 174

175n.212-215n.H .D XIV H R. 25 H.TY
Quarter. refusal to give ………………………… l8i: lgn..>6&. d.$.. &d)

Ruses and meaFUTesnecessaryIorobta~ninginfble 189. H .R., 24

Ruses legitimate. partial enumeration of …………………………… 193

spies. )rivilians achn openly. etr.. not considered as…………1% H R 29

must act clanfestinely or on false pretenses. etc ………. 1%: H: R:: 29

in zone of operations to be classed as………… 2W H .R . 29

punishment of ………………………………… 206~1.208. H.R.. 30

soldiers not wearin disguise in enemy zone not ………. 199×1 H.R . 29

w!oi ncludedin @&tion ……………………… 19911. 201. H.R.. 29

Spy. ~slstmg. or knowmgl concealing punishable …………………. 211

lmmumty from pundment on subsequent ca ture …209 21013 H.R. 31

rejoiningown myimmune from ……..209: 210~:H.R.’ 31

sex makes no difference …………………………………….. 2b1n

trial necessary before punishment …………………….. 208. H. R.. 30

Stratagems Chapter VI Section IT. p .60.

~raitors. idmumty fro& punishment not same as spy……………….. 210

Treachery. p~mhment for by common law of war ………………….n(192)

War rebels. etc ………………………………………………..370. 372

INDEX. 207 Medical personnel . (See under Sanitany formatlous and establishments.)
Petz. capitulation at ……………… .i………………………. App.A, p.80

MllItary commissions wd courts,martial ……………………………… 16n

. conveqtion governing internment French Army by Switzer-
. . !@………………………………………………. App.A 146

jur~sdictioh, kinds of .::…………………………………. n(i47; l6n

WllItary necessity:
.4dmiWof ……………………………………… 11 12 n(100) n(332)

AfFects administration of occupied territory ……………….t. .i …….’. 30h

American rule asto seizure etc., pro erty … 12, n(332), n(336), n(337), 335

Art, buildings devoted to, Ltc., useor …..::……………………….. 359

Ccnvoys of.evacuation breaking up of …………….::…… 150,151, G.C., 17

4estmction.enemy’s pioperty, justified by…………………………. 331

…
33.2 343 344 n(355) 357 H.R. 23, 53, 5i

..f ….’+.,. ……I….’. n(33d), 334, 343

noes ~ot
aditof………………………….. …………………. 13 n 190)
Fixed sanitary establishments use of buildings etc………. 146 117, d d. 15
Guides, iplpressment of ……i …….. 187, 183. 321,322n, 323n, 6.R., 23: 24: 44
Information of enemy-and country ………………………… 189, II.R., 24
Justifies what ………………………………………………. 11,12, n(l9O)
Neutrals’ property seizure of etc., re lated by …………………….. 431n
Private property, ieizure 01, tegulate.Ey …………………………… 340
Property, enemy, se~zure or destruction of ………………………….. 331
. . 332,343,34%, n(355), 357, H.R., 23, 53, d
I., . .. State real may be destroyed etc . by occupant ……….. n(355) 357
susceptib)le direct military uke, seizure of, etc ……… 341, H. RI, 53
what included …………….. 342
. Property war seizure etc . right to……………………………. 332n
l~equisit<ons,&not& bdtaken limited by ……………………….. 345
articles, hmted only by ……………………………… 34611
Retaliation indispensable in war ………………………………….. 380
liuses of war, justified by ………………………. 139 192n 193 H . R 24
ilanitarypersonnel, captured return of goverened by ….i39 140 14i G.c:’ 12
flubmarine cables, seizure of kc., justihed by ……………. ) . 34411 k.R . 54
(Preatment of diplomatic.agehts, etc., regulated by ………………. !…. 427
Pllltary government (see Occupled territory) ………………….. n(14), n(16)
offense, statutory, procedure …………………………………. 16
under common law of war, procedure ………………….. 10
uniforms, etc ..of prisoners of war ……………………. 52,55, H . R., 4

Milllgan, ex parte …………………………………………………… n(14)

Mines. (See Automatic submarine contact mlnes.)
MLnleters of state may be made prisoners of war ……………………….. 47 (a)

Money, prize rule as to ………………………………………………. 337n

Monuments, historic, destruction, etc., of forbidden ……………… 358,H.R.,56
protection to be given during bombardment …. 225 H.R. 27
signs, visible to mark ..225,227, H .IX 5′ H.R. 27
.

Municipalities, propekty of treated as private property ………….. 358: H.R., 56

Munitions of war, comme&isl transactions in, by companies, neutral states .. 403
40511,H.V,
convoys of in neutral territory …………… 391, 395, H.V 2
neutrals ob)ligations as to shipment ………………….. 4&
rule as to seizure of ……………………… 341 342 H.R. 53
shipment from neutral territory, rule governing …i 40i, H.$, 7

Name and ran&.prisoners of war must state when ……………….. 57. H.R..9

ZTational Red Cross of America:
Duty of state before em loyment ………………………….. 133. C.C.. 10

~ncorporated by unitefstates congress …………………………… n(133)

Mat6riel rivate roperty …………………………….. 148 149 G.C 16

only cd%e empl!yed by united states …………………….. f .n(133) ‘i34

Personnel. captured. pay of ……………………………. 142,143, G.6.. 13

………,. onlyby,Devastation ‘ustified

208 INDEX.
National Red Cross of Amerloa–Continued .
Personnel. recruiting in neutrfll territov …………………………… 398

Recognized by statutes of Un~ted States………………………….. n(135)

…..
Subject to military laws and regulations.. …….. ……n(133) G. C., 10

Volunteer aid societies ……………………… 133.137.139. G.6.. 10.11. 12

War and Navy Departments may communicate with ………………. n(133)

Nationals of belligerents may leave neutral territory …………. 399. 401n H.V.6

neutral states are neutrals …………………………. 425, h.V, 16
Navel forces. bqmbardment by.. in time of war .3(h). n(212) H . IX’ app.5. p .174

…………………… . . .

warfare rlght of capture m 3(jj. IX xi;app 6,p 177
Necessity. mifitary . (See Mllltav necessiw.)

Neutral. forielture of rlghts of ………………………….. 429-430. H.V, 17, 18

……………….. . . 165

persons. rights and duties of 3(g). 11 V; app 3.

powers rights and duties of …………………………….. 3(g).% .v
Neutrality (see kentrals and peutfal states) definition of ……………… 388
fa~lureto prevent v~olations of. efiect ……………………….. 394n
law of United States concerning ……………… n(397). n(402 n 404)

p~clamationof. should be issued …………………… 40411. k.&. 10

violations of may be resisted by force ……………………….. 392

Neutrals. definition of …………….:. ………………….. .-425. H.V. 16

m occupied territory. jurisdlctlon over ……………… –. 428

obligations of ………………………….. 42Gn
treatment of …………………………… 426
railway material of belligerent retention by ………………….. 431n
Neutral States aware. state of mar. must take Cognizance of ………… 389.H.111.2
belligerents may purchase supplies trom companies etc. … of 403
404.46511. H.V.7
forbidden to move.troops.etc.. across …..391, H.V2

can impose terms before receiving belhgerent troops ………. 4il

41311.414. 415. H.V. ii

citizens of …………………,…………, , . …. 425. H.V, .6

commercial transactions with belhgerents. prohtblted …….. 404
by companies of. not forbidden…… 403
40.511, H.V. i
convoy of evacuation. consent of otherbelligerentsnot requued 42011

medical personnel of …..,………….. 424

obligations. etc.. coneemmg. by …….. 418

41913,421,422.424. H .V 14

convoys of munitions and supplies in territory of …………. $91

395. H.V. 5

corps 01 combatants. formation of. in. by belligerents ……… 396

4~)n,~.~,4 correspondence of diplomats. etc., of. in belligerent territory .22411.
4nn
diplomatic agents. etc . of. treatment of …………………. 42711

duty of. concerning behigerent forces crossing frontier …….. 411

412…H V li
failure to revent violations neutrality effect of …………:..364n

force may%e used by, to resist violationi ofneutrality .. 392, H.V, 10

frontier may be patrolled by …………………………—39311

hostile expeditions must not be fitted out in terntory of …… 396,

404112 .H.V’.4

individuals not forbidden to cross frontier of. to assist belliger-
ents……………………………………….399.400n.H .V.6
interned sick and wounded. Geneva Convention apphes to … 423.

H V 1.5
.. ,..
troops, arms.ete.. disposition of ………………… 415n

maintenance of. rule governing ……416n. H V12 .
medical personnel of ………………….-.-h4

prisoners of war brought with ……. 417n. H.V. 13

treatment of. by …………….. 41+-415n.H.V. 11
internment by. of belligerent forces (see under belhgerents)

rules governing ………………. 411.416. H.V:11. 12

of belligerent troops crossing frontier of ………… 393.

412n. 413. 414 415. H .V. 14
French army by Switzerland ……… ~(413). anp .p .146

INDEX. 209
Neutralstates, munitions, etc., convoying, or shipping through territory of … 391
395,403, H.V 2,7
nationals of belligerents in territory of.. ………. 399,401~H.b,6
acts by forfeiting rights as neutrals.. ……. 429 k.V 17
not forfeiting rights as neutrals.. …430′ H. V’ 18
are neutrals. ………………………… 425& H.V: 16
nationals of, in bellxerent territorv. treatment of.. ………. 426×1

lotion of channels of communication, etc.. …………………….

ttion, military. (See Occupied territory.)
……………………….. ………H. R 42 to 56 inclusive

administration of, by what agency exercised ………… 285
295n H. R. 42 4j
administrator etc of real property of enemy state.’ 355 H: R.; 55
allegiance, oith df: forbidden to require,of inhabitants.. . 313

HR A<
assessment of taxes by occu ant …… 307-311, H. R..4849;;i
authority over, vmted in ,%om: n(295),296,298,~.k.,43
censorship ress and correspondence.. …………….. 305
citizen or s;Pbiect!ot. communicatine with enemv.. …… 204
collection oftixes by occu ant rulelor 307 309 $52, H. it., 48,6i
commercial relations, reguitioh of (see H.h.d)…. 303n,304n

army. efc …………… 321.H R.. . 44

required to construct forts etc …. 187

317.azh. H.R .21.d
…
duties and obligations of ………..:…: ….. -ii6

intercourse. commercial ……
……….. …

304

my not hcompelled to swear alla~iance to
requirid to take part in military
operations……. 317, H .R..23.44. 52

voluntarily construct forts. etc.,for pay . 32011

obedience of …………………………312-316

rights and duties of .313n.31411.316. H.R.,23.45. 46
righls of action not to be declared suspended

etc………………………… 303. H~R.,23

services which may be demanded of …… 317 318

11.it.,55
invasion and mi~ita~v~occu~ation ………… 288n

compared
Iahor. may he requidtioned to restore public works …… 319

not be requisitioned to construct lorts …….. 317

320. H.R., 55

laws.created by occupant …………………………. 302~

in force in …………………………296,-299.H:R.. 43

……… 296.299. .

to he respected. etc H R.. 43

nature of. which are sus gended…. 301

of country suspended w en …………….. 300. 301

……….. 301

suspended. made knolvn to ~nhab~tants
limitations on control .of occupant over real roperty

memy………………………. 3L5.356~. 557~. H.R.. 55

meansof transportation. public and private. seizure. etc .. 306

~ 3

341 II. R. d
milit&y-govemment of. necessiti for ……..295.298.~.~.’,43

military.necessity.affects. adrmnistratioq, of ………… 30211

….. destruchon.etc..of Stateproperty … 357
. . n(355). H.R.. 28
. military occupation. defiked ……………….. 285. H .R.. 42
how determined ……………28611.293
municipal officials. should generally be retained……… 326

Occnpled territory. newspapers. censors&ip over ……………..305 341 H.R 53

circGation of. may be regulated. .30d. 34i. H.R:: 52

pubhcation regulated or prohbited. etc …. 305.
H .R., 53
seizure of …………………………. H.R.53
oath of allegiance. may not be required of inhabitants … $13.

H .R., 45

oath officials may be required to take………………. 32411

oathJ9f neutrality ?equired b British. etc ………….. n(313)

obed~ence obhgabon of Inhagitants ………………. 312 316

obhgatio& of inhabitants summarized by Ja anese….11603)
obligations. reciprocal of occupants and inhagitants …..313n
31411 316 H .R. 23 43 44 45 46 4;

occupant. obligation to delray eip&es of adml;lisiratton! 3b-
310 H.R 48

obligations of ……………..—….. 298. H.R” 43

powers of ……………………………… 48n occupants may demand and enforce obedience of inhabi-
……………………………….. .

tants 296.313. H R..43
occupation. consent of inhabitants not necessary to estab-

lish . 291

duration of ……………………….-.. 293 294
invested fort not bar to……-..–…h1n

must be effective …………….. —…….. 290

proclamationnot necessq to establish… 29-.3 29311

proclamation of. convemence of. and practice
concernin! ……………………… 29211. 293n
question of act and temporary condition …. 289
occupying force. ri htsand obligations of ……………. 287
ofiaals. oath may%e required of …………………… 324

crimes and harmful acts of. unishment of …… 330

honorary salaries suspendex ………………. 327

of railwais. etc., may be required to perform
service………………………………… 318

policy of retaining ………………………… 325

removal of ……………………………….. 329

resignation of …………………………….. 328

salaries of. how paid ………………..327. H R..48 .

-.–
political officials. etc retention of …………….. 326. 329

postal service. regul;iion of…………………. 305.H .R..53

press correspondence censorship …………. 305 341 H .R.. 53

property. State. +stkction. etc.. of … n(355).35i.~:~..23.55

susceptible m~iitary use se~zure.etc…341.8 .R..53

public utilities may be :equisition)ed ……………….. 318

pupi~hmentof neutrals ~n …………………………. 428
religious practices etc to be respected ………. .

318 H R.. 46
requisitions of ser;ice~class of which may be made …… 318

……………………… .

soverei ty of n(286) 287n.H R..43

taxes. Ges. and tolls. certain. assessment. colldtion and
………..-.-. .

disbursement 307-311 H R..48

imposed for benefit of the State. collection
and disbursement ……….. 307-311 HI R.. 48
taxes etc., “for the beneflt of the State,” include wh$ .. 311
taxes’new not to be levied by occupant (but see H .R 49) 308
teleg;aphiA and postal correspondence. censorship ..:i … 305

uprlsing inpot levee en mass6 ……………………… 39

violation of laws of war …………………… 39

O5cers. active. arply of neutral owers not permitted to join belligerents …. 402

colhmercial transactlongy in hostile country ………………….. 338

interned in neutral territo;y …………………… –…… 411 H.V 11

parole of ………..411.414.~.v.. 11:~.R: 11

killmg of. engag~d in plliaging………………………. .-.. 840

parole of. how given …………………………………………. 75

. punishment of. for certain offenses ……………………………. 18

Opening of hostllltles (see Commencement of hostilltles)……..H.III.art .1.2. 3

INDEX.
P.
Parlementalre. abusing privileges.. ……………………………. 243. H.R.. 33
accompanied by whom ……………………… 245.246.H .K.32

authority for. ~qwriting ………………………………. 241
belligerents. action by. m case of enemy’s ……….. 243. H .R.. 33

communication between. by ……… 235-236.H .R.. 32

method of rec!ption of enemy’s …………….. 246

must cease frrlng after sendmg …………….-249

communication between bellGerents by ………. 235-236 H.R 32

definition of ……………………… –……235 236′ H.R” 32

detention of. causes for ……………………… 243′ 247′ H.~”33

escort of …………………………….236.245.246.~. R:: 32
jiring on ……………………–. ………………. 240
flag of truce.. bearer of and persons accompatlying .26.245.H .R., 32

forrnal~tlesln reception of ……………………………… 246

inviolability of loss of …………………………. 248 H R . 34

manner of rece:ving …………………………… 237; 2&. 246

night no provision for ……………… –……………… 242

pFbliA cornplaints trapsmitted by., ……………………. 365

rl hts and privilegk of ………………………236 246 I1.R. 32

m5es ……-……………. 236 243.248.G .R! 32. 33. 34

soldiers to be acquainted with reception and rights of ……… 237n

treacherous act. committed by ………………….. 248.11 R..34 .
wbte flag. alter faismg. should be sent ………………….. 239

~voundlngor kllllng of ………………………………….24011
Paroles belligerent govem.ment, declaration of. concermlig .. 72.7711.81. LI.R., 10. 11
conditions stated m wr~tmg…………………………………… 73
noncommissioned officers or private. how glven ………………..–74

officers how given …………………………….. —-…..—-.-. 75
of8cers)internedhy neutrals .

411.414n. H V. 11
on battlefield or In large numbers not permitted ………………… 76

, .
ppm’can Lot be oompelled to accept ………………… 81. H R.. 11

s ould be signed by prisoner. etc ……………………………..–7311

should fulfill certam conditions ………………………………… 7311
Pass for news cones ondent ………………………………..–.APP.B.P~;~

ire uently usefinstead of passport …………………—-………….

character of ……………………………………….. -…..-

~ass~~~?. 279

definition of……………………….-.. -….—-…………… 27611

form of …………………………………………….. App.p. 103
Photograph. Mger print or s~gnature on ………………… App.p. 103

revocation of ……………………………………………… 280
Patrolling of frontler by neutral state …………………………………. 39311
Peace. return of. not to be renderedunnecessarlly difficult……………….. 13

penalties for violatipns of laws of war by state ………….:………. 363. H . IV.3

war crimes………………………………………… 375.377. 378
Penalty for individual wts of inhabitants ………………………. 353.H .R..50
Perfldy. not permittedby military necessity …………,……………….. 13

to be avoided in denouncing armiqtice ……………—-………. 272

Permit frequently used for safe conduct …………………. –………… 279

Persons. amenable to martial law …………………………………….. 13. 17

neutral. rights and duties of …………………………….. 3 (g) H .V.
Photographs on correspondents’ pass and passport …….. n(276). App.p. 35.p 103 .

pillage. dedtion of ……………………………..—……….–… n(339)

formally forbidden …………………….–.229.33911.340. .

H R..28.47

Pirates of war. definition of …………………………………………. 371
Place occupled by smtary troop alone. gat.& defended place ……………. 214

Poison. use of …………………..–………..-.. 3 (b). 13.176. 77. H..23 (a)

police of battlefield imposed pn whom …… ‘………………. 1?0.111. c.~..3

port Arthur capitulation of……………………………….r. . …..A p 85

~awers.neutral rlghts and dutles of ……………. …-…………. .-3(g1 If v

.—
of comkanders in ca itulation ……………. ..—……………. 25211

Preamble to Convention & of The Hague. Oct. 18. 190f (abbreviated
P.H. IV)………………… ………………. ……..wt …. App.2. p .153

..L. ‘ .A …
..
INDEX. 213
Press. public complaints ublished in ………………………………… 365

Prlees. requisitioned artl$es to be fixed …………………………….. 34911

Prisoners of war …………………………………………….H .R., 4 to 20

armed rowlers not entitled to be treated as………….. 373

board Edging and clothing for .. 59 63 416 H .R.5 7 H .V,12

bureab of inforhation for . (see ~ure’au bf dformati6n’for
prisoners of war.)
burial of, regard to grade and rank ……………90, H .R., 19

can not be forced to accept parole …………………….. 81

captured supplies used in maintenance of, when ……….. 64

censorship over correspondence of …………………….. 86

chaplains for, rule regardlug …………………………..n(89

citizens, rising en masse…………………………….. 47(d1

civlliaus as………………………………. 46, 47, H .R. 13

confinement of, when authorized ………………..59, H .R’., 5

where authorized ……………. 59, 62, H . R., 5

………….69, 70

conspiracy, mutiny, revolt or insubord~nat~on
correspondence of, censorsdip over ……………………. 86

couriers, guides, etc ……………………………….. 47 (;i

crimescommitted before capture ………………………

death certificates of …………………………. 90, H.R., 19

defm~tionof…………………………………… 43

d~ lomatic agents ……………………………….. 47 (b) (C)

enfitled to what.. …………………………. 63, 64, H .R., 7

escapmg into neutral territory ………………….417, H .V,13

exchanges of, can not be demanded …………………… 91

how made conations, etc ……………….. 93

rules regarding …………………………. 91-97

spies war traitors and war rebels ………… 96

subsi!itutions for different grades of rank ….. 94

surplus, after, disposition of ……………… 95

when made ……………………………. 92

execution of, when authorized ……………………..68,70, 79

guarding of object of ………………………………… 60

ydes codiers etc ……………………………….47 (c)

~gherciviloffittidials………………………………….47 (c)

highway robbers not ent~tled to be treated as ………….. 371

hostages taken to protect hves of, captured by irregular
troops…………………………………………… 38711

hostage to be treated as …………………….. 387

information bureau. (See Bureau of information for
prisoners of war.)
inquiry office . (See Bureau of Information for prisoners of war.)
insubordination of how dealt with …………. 67 68 69 H.R 8

Interment of rega;d to grade and rank …………). . 60 h.R.’i9

interned, lim)it+ pay be lixed foq ……59,61,411, H.R.,~,H .V: 11

restr~ctlonsas to movements ………………… 61

internment 01, object of ……………………… 61

labor of, rules iegarding ………………………. 65 66 H .R.6

shall not be connected with war operations . 65:66’H R 6

laws regulations and orders to which subject …,…. 67:H: R:8

lettets of censorship over ……………………………. 86

mamtenAnce who 1s charged wlth ……. 63 416 H . . R 7 H .V 12

: may be proied when ……. 72,81,411, 414 )H.k. 10, i1.a .V: 11

Interned where ………… 59,61,6b, 411,d .V,11,~

.R.,5
medical, pay of ………………………….. n(88) 142 G.C., 13

m~litary attach& and agents of neutrals ………….). …). .. 48n

jurisdiction over …………………….. 50 51 H .R 4

uniforms, etc., consideled private property of .’..1. l2
55,H.R. 4

mqne of disposition of ……………………………… 5An

mustte humanely treated R 4

……………………….50,H . .

name and rank, must stale, when ……………….. 57,H .R.,9

not criminals ……………………………………….. 60

INDEX. 216
……..

enforcing……………………………… 35011

rule as to …………………………. …….345, H.R., 52

what articles subject to …………………….. ….. 346n

of news ……….. . 5354

usable for transmss~on 341 342, 343 344n H R
transportation of ersons md things) …. 34i, 342,843, H.’R .. 53

~rotocolconcluded between Japan an8~ussia…………………. App. 97

Publication of rules covering laws and customs of war on land ……..6 H 1

public buildings, etc ……………………………………….. 355;1, H.R..55

Punishment, collective on inhabitants of hostile territory . 353,354n, 38611, H.R., 50

lor unautLorized destruction private property ……………… 340

crimes in violation penal codes ………………………. . 378

violation, laws of war ………………………………… 366

rule for im osilion of ……………. 377

trial shoultprecede (see H.R., 30).. 378

of neutrals in occupied territory ………………………….. 428

Q.
Quarter. forbidden to declare no ……………………… 182n. 183. H.R..23 (d)

refusal togive ……………………………………………… 368n

R.
Railway materiel neutrals and belligerent ………………………. 43111

Railways. etc . d&truction of by inhabitants of hostile territory …………. 35413

united states cont)rol over, in time of war …………………..n 431

Rank and name. prisoners of war must state. when ……………….57. H.k..

Rebels. war definition of ……………………………………………. 370

Recrultlng $neutral territory prohibited ……………… 396.397n. 400 H V. 4

volunteer aid societies. personnel …… 398:0.’~.. il
Bed Cross brassard and flag. wrongful use of ……. 171.194. Q.C.. 28. H.R..23 (1)

legislation of signatory powersc0n~~ning .
use of ……….. 170. Q C..10

Regulars. irregulars and deserters. status …………’………………….. 40

~eliefsocieties for 6risoners of war …………………………….. 87. H.R.. 15
Religion. buildings devoted to. destruction of …………………… 358. H.R..56
p!otection to be given to ……… 225 228. H.R.. 27
slgns to mdicate. …… 225.227. H. 1k.5. H. R.. 27
.. use of ……………………………….228. 35913
exercise of. by prisoners of war ………………………. 8911. H.R.. 18
Repatrlatlon of prisoners of war ……………………………. 98.99. H.R.. 20
Reporters. sutlers. etc.. when captured. status of …………………. 46. H.R.. 13
Reprisals. abuse-of flag of truce may result m …………………………. 249n
definitionof………………………………………………. 379
form of …………………………………………………… 386
measure that may be resorted to in………………………….. 386n
prisoners of war liable to …………………………………… 383
procedure before resorting to ……………………………….. 385
. rule governing resort to ………………………………. 123.380. 381
who may commit illegill acts to justify ………………………. 382
resort to ………………………………………… 384
Requisitions. amounts taken ………………………………………….. 34811
and services …………………………………… 345. H. R. 52
bombardments to secure ………………..n(212). ~(350). H.19.3
hostages taken to insure compliance with …………………. 387
method of …………………………………………….. 34711
enforcing……………………………………… 350n
of neutrals’ railway materiel …………………………….. 431n
. prices for articles-to be iixed …………………………….. 34911
.restrictions as to………………………………… 345. H.R.. 52
rules-asto …………………………………….. 345. H.R..52
what articles subject to …………………………………. 346n
Resources of country. attacks on …………………………………. n(10). 11. 12
Retaliation indispensable in war …………………………………….. 380
Revenge. cruelty. bad faith. etc ………………………………………. 18. 381
private. acts of. rohibited …………………………………… 18
Right of capture in nava?marfare …………………………….. 3 (j). H.XI
Robbers. highway. definition of ……………………………………….. 371
Ruses. legitimate partial enumeration of …………….1.. …………….. 193

and ……………. .–…-…….App.D.p .97

~ussia. armistice between ~a~an i

proctocol between Japm and ………………………………App.E.p. 97

.
S.
Safe conduct. character of …………………………………………… 279

for ambassadors and diplomatic agents of neutrals …………. 233
goods………………………………………………. 278
persons 277n

……………. App. . 103

fomof p
permit frequently used for ……………………………… 279

photograph with ……………………………………… ~(276)

revocation of …………………………………………… 280

Safeguard. classes of …………….. —-……………………………. 28211
description of ………………………………. ..’…………. 282
formsof………………………………………….. App.p. 104

inviolability of soldiers compiiing …………………………. 283n

objcctof……………………………………………….. n(282)
Sanltarpformations and.estab.lishments.< ….I…………. G

Arms and ammunition of wounded …..r …………………….

. borne by. when ………….:………………….. C.. 8

not to be used against enemy to avoidcapturo ……………..’….. 125

of guard for ..:…r ……………………………….. 124. 126. .G ..C. . 8

Nase ho it& casual camps. etc ……………….L………………… ii~

ni%&~uFp17 dep ……………..—-.—………….120
Boats of hos ita shps ow pamted ……………1.1…1….. 16% .H ‘X5

Brassard an$ flag ~ed ….. 171.’~.c.. )28
Cross.legislation regarding use of …;
Camps. convales&nt and cash …………………………………… 120

INDEX. 217
Banltary formations and establishments.Continued .
Cartridges and weapons in possession of ……………………. 129 G. C. 8

CertXcate of idenhty, form for (see 135) ……….App.A, Chap .Vip .54’55

Combatants sheltermg of by ……………………………. 121 8. c!, 7

Commande& in chiof of bdlli~orents. oblieahons of …………… 1T’18:G.C..25

. .
Cantracting powers obligati& ConcerniIig.. ……………….. 167 G C 24

railway matbriel. vessels. etc …….. . .. 17

convoys. civi~~ersinne~ 156 G c
power of belligkrent over ……………………………….. 151

rvnruation-Cnnonvs of ………….-a ….

Captured, personnel to be returned ……………….. 139,150, G.C., 12, 17

In neutral territory ………………….. 418,119n,420n, 421,424, I3 . V, 14

Matbriel may belong to whom …………………………………. 154

.consist of what ………………………………….. 154

Means of conveyance ………………………………………… 152

must not be combined with transportation of
troops supplles etc …………………….. 152

what cliss subject) to capture ………………. 154

Personnel civil re uisitioned …………………………………… 153

medica?……………………………………………. 153

military guards ……………………………….. 153, G.C..8

of interned troops …………………………………… 424

railway……………………………………… 153. G.C..9

who may be ………………………………………… 153

Dead. duties of commanders concerning ………………………. .

165. G C., 3

166. G C.. 4
examination of prior to interment………………………. 165. G.C..4

disposition of effects of ………………………………… .

identification marks or papers found on ………………… 166. G.C., 4

personal effects. letters. etc.. disposition of ……………….166 G C . 4

pillage and maltreatment prohibited ……………………. 165’ G: ~.’3

Distinetive emblem, brassards. by whom worn …… 155,156.157. G.C.. i8.19. i0
dimensions of ……………………..15711

medical department issues etc …….. 159

precautions in issue of ……………… 159

re uirement for ………. 156 157 G C 19 20

to%e fixed ……………. i57, i58.~.’~.’20

prevention of abuse of …………………………. i70

171.194. G.c., 2~,28,H.R.,z~(fj
where employed …………………………156 G C . 19

flag…………………………………….. 156.160. G(C.. 19:21

can only be displayed where ……………….. 160. G.C..21

for ambulances and for guidons ……………………… 161

field hospitals ………………………………. 161

general hospitals …………………………….. 161

.
only to be flown when captured ……………… 160. G C.. 21

~vacuationhospital; hospital trains. etc …………………………. 119

150. G C.. 17
Field ho itals part of moblle (see G .C., 6) ……………………….. 119

railway tiains and vessels. etc.. return of …………. .

‘L~ixedgstabiishments,” defined…………………………………. 120

what constitute …………………………. 120

Flag and brassard, Red Cross legislation regarding use of .. 170.171. G.C., 27. 28

~lags,how flown on hospital hips …………….. 162,163, G.C.. 22, H.X. 5

General hospitals. base hospitals. etc …………………………….. i20

Geneva Convention. obligatory on whom ……………………. 167 G. C 24

Governments, signatory. must acquaint troops and public of G .C..169: G.c:: 26

Hospital boats ………………………………………………….. 119

military how distinguished …………………………. .162

ships &ags floh on …………………. 162.163, G C.. . 22. H.X.. 5

Identity certificate form for …………………. App.A Chap.V p 54 55

~treatdentofsmkJand wounded, etc., penal laws concedg ..:.’. 17i. 8:c. 28

Juridical situat~on of fixed est%bIshments …………………. .’…….n 149)

Legislation. concerning use of Red Cross,e mblem or name .170 171. Q.C 2(1, 28

Letters, personal effects. etc., left by sick and wounded and on battle)
field……………………………………………………. .

166. G C.. 4

218 INDEX.
Sanitary formations and establishments.Continued .
MaMiel. buildings. etc.. disposition of ……………………………… 147

fortification of …………………………….. 147
wed establishments, …………………………. 146 147 G C 15
medical captured dlsposition of ……………….. 144′ 145′ G: C” 14

mobile ;anitary fohnations ……………………. 144: 145: G.c::14

protected from destruction …….. n 332)

G.c.,14, 15
Medical personnel. captured. obligation of ………………………….. 140

pay and allowances of ………………….. 8811

89n, 130,139. 142. H.R., 17.18. G.C., 9,12, 18 .

private roperty of ……………… 139. G.C.. 12

returneft0 country. when . 139 140. 141 G.C 12

6
~ilitaryhospital ships. how distinguished ………………………….. 162

units to be respected and protected …………….. ….. llh. G.3..

vehicles not pertaining to may beca tured …………. 150 G C. 17

Moblle ant fixed’ to be. respected Ad protectex ……………….. 11s. 6.d.. 6

sanitary formations, defined ……………………… 118.119. G .C. 6

what are …………………..-..-. ….. 119
Neutral countries rendering services, flags. for …………………… —-163

Night dlstmguishin marks n (161)
Not to be placed infine of enemy’s fie etc …………………… 123 G C 7

Obligations G.C.. etc cease when …i……………………… 167 ‘G ‘C ’54

Pay and allbwances oibaptured. personnel ………………….. 142: G: c:: 13

volunteer aid societies ………. 143

Personnel de!i?ed …………………………………… —-………… 131
medical. captured …………….. ….. 139,140,141,142, G C 12 13

effects arms and instruments of ….. 139; 01c.. 12

P!ivildges of …………………………… 130
volunteer aid societies. captured ………………………….. 143

Pickets and sentinels. may be armed …………………………. 126 G C. 8

Privileges of personnel ………………………………………. 130: G:c..9

guards………………………………….. 127. 130 132 G C 9
Prohibited from co~mitting hargul acts ………………….. 12i 123′ G: ~”7

Proteotios not forfelted by certain acts …………………….124: 129’ G.~::8
Red Cross brassard and Bag. lmproper use oi ..171,194. H.R., 23(f), G.d.,27. 28

emblem only used for protection …………………… 164 G.C. 23
or name, legislation coaoernlng use oL … 170,171. GIC.,

27:28
transport column ………………………………………. 119
Regimental equipment. ambulance companies. etc ………………….. 119

‘(Respect and protection,” import of ………………………………. 121

Reserve medical supply ………………………………………….

119

Seli-defense right to use arms in……………………………… 124, G.C.,8

Sick and w6unded . (See Sick and wounded.)
Sentinels and pickets. may be armed. ……………………. 126.127. G.C., 8

come from combatant forces ………… 126 G.C8

orders required. should be wrltten …126 127 128′ G.~”8

privileges of ………………….-..12t 136 132: G.c::9

S ies sheltermg of by forfeits protection etc …………………..123, G. C.,7

&lt&teer aid societid . pee Nst!onal Bed Cross of America.)
Weapons and cartridges ln possession of ………………………. 129, G.C.,8
Sanitary troops alqne. occupymg, place not defended ……………… -214

Santiago. capitulation of ………………………………… ..-. App.B.p. 83
Savage tribes em loyment of when not authorized…………………-.. 41n

Science. etc., 6uilJngs devote$ to, destruction of ……-… ….—.. 358.H.R 46

protection to be given to …-……….. %5

227,358,~.1~,5,~.~.,2i
use of …………………………… 228 359n

Sentences of death ……………………………………… 17. n2(192).3;7. 378
Sherman Gen.. armistice with Gen.Johnston………..-…………-.n(260)

Sick and’wounded:
Abandqned, sanitary personnel. etc.. to be left with ………… 105 106 G C 1

Authorized to pass through neutral State ………………… 41&,$ .~..’i4

Belligerent convoying om into neutral territory …………-………. 421

Sick and woanded+ntinued .
Ca ture of ………………………………… …………..107, 108 G.C. 2

~oiectedin buildings, protection to be given during bombardmen6 ….i . 2&
226 228 H R d

Deaths of, belligerents mutuslly ~dvise ……………………… .’. li4,6.3.,4

Duties of neutral owers concermng (see H .V.) ……………………… 101

~nteringneutral Late, rule goyermng …………………… 418422, H.v 14

obligations of neutrals …………………….. 4i9n

Exceptions in favcr of, may be made, etc ……………………… 108 G.C. 2

Hospital, admissions of, to, belligerents mutually advise ……….. 114: G .c..4

Hostages taken to insure treatment of ………………………………. 387

Ill-treatment of, penal code provide …………………….. 171, G .C.,28

Inhabitants not officially attached to armies ………………………… 104

Internedinneutral State …………………………………..423 H V 15

Interments of belligerents to mutually advise of ……………….. li4, ~.d.,4

In the field …’…………………………………………….. 3 (d) G .C.

MaMriel and personnel, sanitary for, abandoned ……………. 105, 106 G C., 1

May be made prisonem of war …………………….. 107,108, G.c.,z,H. . ~.21

returned to own count by agreement ………………… 108, G .C.,2

sent to neutral countq%y agreement …………………. 108 G C 2

Military authorities may appeal to charity in behalf of ………….. 116: G:c::~

Modification of Geneva Cqnvention of 1864 ………………………… 11711

Officially attached to mes…………………………………. 102 G.C. 1

care of, obligatory on whom ……….. 102: G .c..1

Personal effects letters etc left by… ………………………. 166 G .C 4

Personnel, and hat6rie\, sadtary for abandoned ……………. 105, 106. G .c::1

Pillage of etc penal laws concerning …………………………171, G .C. 28

.
~risoners’of w’kr, exceptjons, etc., concerning capture, etc …..,….. 108, G d.,2
taken lnto neutral Sta te… ……………………. n (417), 422

Protection from robbery etc…………………………… 110 171 G.C 3 28

Re atloxu concerning .i ………………………… 100’~k 21′)Q’~

Roger; and ill treatment of on battlefield, punishable …..112: 171d C’ 3′ 28

Rolls of in hands of belliger&t to be sent to enemy …………….. i13′ d:d 4

Search /or on battlefield, obligation concerning ……………… 110, 111. G.~::3

Status of may be subject of agreement etc ……………………. 108, G.C.,2

suggestidxu concerning treatment of …I.. …………………………… 109

Sieges, assaults and bombardments . (See Bombardments, assaults and sieges.)
Signs, to be used for art, etc., buildings during bombardment ……. 225 H R 27

description of ………………………………………… 2h,6.T’k,5

Soldiers, captured violating armistme …………………………………. 275

composin safepard, inviolability of ………………………….. 28311

indi~iduafre~r~sals 384

not to be resorted to by …………………….

killing of, engaged in pillaging ……………………………….. 340

parole for …………………………………………………. 74

punishment lor, crimes punishable by. penal codes ……………… 37811

Sovereigns, members of royal famils etc., as prisoners of war ……………. 47

Spanlsh government’s views on surrender of Santiago in 1898 …………… n(252)

Speolal exemptions, when ca tured, persons enjoying …………. 4511 G.C. 6-13

Sples (see under Means oiinfwlng the enemy) …….. 199, etc., H .it.,29, $0, 31

traitors and war rebels rules for exchange of ……………………… 96

state of war,enemy subjects, legal status ……………………………. 24n

may be expelled ………………………… 25n

intorned………………………… 25

resident right to control …………………. 25

existence of, to bo pubiicly announced.. 21,22,23, 389, H .I11 2;3
Status ofnowspaper correspondents contractors, etc., when captured .46 H. 13

prison~nof war ……….’……………………….. 50,67, Ei.R. i,8

who can claim ………………………… 45 R k. 3

Submarine cables, destruction etc., rule as to …………………34411, kI.k.,h

in neutral state use b behgerents ………………. 406-410~

contact mines, automatic . ($80 Automatlc submarine contact mines.)
Subsistence. may be requisitioned ………………..-345.346.;347n. H.B.. 52

. . ………………………………….. 40 340

su-~executions (see H R 30)
~n~~lles ……………………… 430. H.3.18

furnished belligerents by neutrals
obliaations of neutral states as to……………………. 40411

purchased from companies of neutral states ……………………. 405n

.shi ment of. from neutral territor .rule governing ……….403. 14. V. 7

‘Sdrender o?forts. etc . owers of cofnmangers …………………………. 252n

Suspenslm of arms at &lfort …………………………………App.G, p.99

form of armistice ………….. 266n

…..
…………………

……………………. Ap .

burying the dead C. p 9G
Sutlers. newspaper correspondents, contractors, etc., captured status 07:. .. 46.
H .R., 13

T.
Telegraph. etc neutral state use of. by belligerents …………………. 406-410~

Territory consihered occupied. when ……………………. 2R5.290. H . R.. 42

of neutral powers is inviolable ……………………… 39011 H .V1

Torpedoes. kinds of forbidden ……………………………….441. E[.VII~.1

Torturetoextortconfcss~ons………………………………………. 13

Towns. pillage of. forbidden ………………………………….. 229. H.E.. 28

Trade. hcenses to ………………………………………………….. 281
Trade mark. Red Cross or Geneva Cross can not be used as …….. 170 G. C.. 27
Traitors. war rebels and spies. rules for exchange of (see under ~eani of

injurlng the enemy) ………………………………………………. 96

Transactions for individual galn during ivar …………………………..18. 338

Transportatlon and apphances of communication
40k4lOn. 43111. H .R., 53.54. H.V 3 5

means of. rule as to seizure of ………………………… ).

341.342.343.43111. H.R., 53. 54. H., V. 18. G
Treachery. examples of ……………………………………………..

punishment for by common law of war ……………………..

Treason. and p~uushment for………………………………… 202.207. n(208

war acts whlch are partial LsB ……………………………….. 372
Treatment of prisoners of war . (See Prisoners of war.)

Treaty obligations. etc.. during war …………………………………. 18
Trial for vlolatlon of laws of war should precede punishment (seeH .R..30). .. 376
Troops crosslng front~er to beinterned by neutral …………..393n.411.H .V. 11
not to cross neutral territory ……………………………. 391. H.V. 2

Truce. form of armistice. q .v ………………………………………. n(%3)

U.
Undefended place. balloons or aeroplanes. use of to bombard. prohibited …. 212.
213,H.R. 25
bombardments of. to secure requisitions ……. n(212) H .d.3

money contributions not iu-
thorized……… n(212) H.LX 4
.’having automatic submarine mines near ……. n(212i~.IX: 1
notJo be bombarded ………………. 212.H .IX.1; H.R.. 25
sarutary troops alooe occupying makes …………… 214

-.-
Uniform and insignia of enemy. imprope; use of forbidden .194.196n.19 7.H.R . 23(f)
. ……………………………..51.55.~:~..4

Uniforms. etc of prisoners of war
mllitary includes what …………………………………. 55

Unknown ownership. property. treaFent of ………………………….. 36211

United States control over radways in war …………………………. nl(431

neutrality laws ……………….-… n(397). n(402).n(404]

Usufructuary. occupyingstateholdingenemy’s real property,actsas.355n H.R 55

Unwritten ales ……………………………………………P.H.’IV. p.’i54

development of …………………………………….. 9

usage……….-………………………….. P.H.1V.p. 154. 8

INDEX. 221
v.

Verdnn. capitulation of. conditions prescribed in ……………………. n3 (252)

Vigilance to be maintained during armistice …………………………… 273n

Voluntary Aid Society . (See Natio. nal Red Cross of America.)
relief for prisoners of war ……………….. 87 H .R. 15

Violator of H.R . liability of ……………………………….. 363 3d H.I$, 3

violence, kinds ahd degrees of permissible ………………………. !…!.. 9,10

W.
Wages of prisoners of mar for work disposition of ………………………. 65, 66

war crhes (see ~rlmes war and bder laws of war) ………………….. 366

criminals…………………………………………………… 366378

War, existence of notice to be sent to neutral powers ……………… 389 H.1112

Care naval, iight of capture in…………………………3(j) H.k1,p.lj7

metLods to be employed in ……………………… 10n,ll, ld,H .IV,~.153

object of ………………………………………………………. 10

on Irtnd, rules for, how developed …………………………………

written agreements relating to conduct of, enumerated ……… 3,;

full texts of where found ……………… 3n

subjects trdted by …….. 3(a) to 3(k), inclusive

public, definition of ……………………………………………. n(10)

rebels, de~tion of …………………………………………….. 370

punishment of ………………………………………….. 370

traitors and spies, rules for excBange (see Means of injuring the
enemy)………………………………………………. 9G

treason, acts punished as……………………………………….. 372

Weight of explosiveprojectil es………………………………………. 3(a)

Wills of prisoners of war ……………………………………….. 90 H .R. 19

Wireless apparatus, destruction etc . rules as to…………. 341 342 343’11 .~.’53

in neutral state ;se by belligerents ……….’….’….’40~4iOn Wounded aud sick . (See Slck and wounded.)
z.
Zone, danger, of submarine mines, mariners to be notified of when ……….. 437
GS,H.VIII, 3, i

neutral. in armistice ……………………. . .

270(c), n(275), App pp 94,97, 98

RULES OF LAND WARFARE.
CHANGES IF’F’BR DEPARTMENT, No. 1. ~T’ASHINGTON,May 11, 1915.
Rules of Land Warfare, 1914, are changed as follows: The forms of certificates of identity for noncombatants attached to armies and not wearing military uniforms, as shown in Appendix B, pages 36 and 37, and Appendix A, pa es 54 and 55,are rescinded, and the formsshown on pages 2 and 3 of kese changes are substituted therefor. (C’. R. L. w.No. 1, itfay 11, 1915.) [2270014, A. G. 0.1 BY ORDER OF THE SECRETARYOF WAR:
H. I,. SCOTT,
iliajor General, Clripf of Slaf.
OFFICIAI,:
H. P. McCATN,
The Adjutant General.
rn4~–17

APPENDIXA (pages 54 and 55). r-7 F .-………………
3,
CERTIFICATE Plat,………………. P’ :,

or I~E~,)
Name.. ……….. Xo…… i ? No. ….. Uate ……………., 19..

Organization.. …………… j LC 2 I citify tllat ………………….is attiichcd to the sanitary 3 ‘

Capacity ……………….. i .+-(Given name.) (Surname.) , , ‘..

Sex ……………………. , :, 53 service of the United St;~tes ilnny, is nnthorizcd to acconlpany L 3
Age.. ………………….. :. * 9 the …………………………… :’….,in the capacity of
Color of eyes.. …………… j & (Designate tho organizallon to which attaclard.)
color of hair …………….. . : .-………………, and is entit.led to’-Il~e 111.ivileges and im-

$ Height,. ………………… i 5 (Describe function.)

6 . munities provided in Chapter 111of the Imcrnational Red Cross
@ Weight………………….. ! $ $ Convention of 1906. A brssard, as de~crj))edin Arliclc 20

3Race.. …………………. i 6 c: thereof, which bears the same uumber AS this certificate, has
.-i g 3been issued to t,he person named. ~denlification data: N

3Fingcr pri111,
2 right incler. ] :. ;=i rn , ……………………. i; …. {lngcr pint,)

. . (Age.) (Color uf eyes.) Coo of hi. light index.
4
Renlarks: (Sole scare, ere,). .. : 5 ……:…………………………….
: (Height, approx.) (Weight, approx.) (Race.)

.2
. il
……………………….. . . Remarks: …………………………………………

a (includc ho-c nolalion of scars, clc., \,isiblo
IJlacc ………………….. i $ \:

……………………………………………………

: ” when clothed, which will aid in idcntilication.)
Datc …………………… :. $ (Signature line.) ………:-1.. ……-…..-.
Issued by……………….. j (l’itle, etc., line.) ……:,…………….. …

To be 4 by 8 inches, pcrforaled as indicated, bound in books to retain stubs, and printed on Ii~l11-weight hond pa]ler. Ccrtificale to be numbcred at timc of issue to correspond to accompanying brassard and carrlcd m a slnall metal contamer suspended around the neck.
APPENDIXB (pages 36 and 37).
Name.. ………… No.. … i (‘ERTIF~CATE OF IDENTITY, Place. …………………
Organizi~tion…………….. i No. …. 1)abe ……………., 19..

I

Capacity ……………….. i

Sex.. ………………….. : . I catiJ’y that.. ……………………. .i.: i~ civilian employee of (Name.)
Age. …………………… :: the dmiy of the United Slates in thc ca1~acit.y of ………………

Color of eye.<. ……………. I (Describe Iunclion.)

Color oi hair …………….. j with.. ……………….. He is e~llitlcd ~lndcr the laws of war, if
Height …………………. i (Organization.)
weight.. ……………….. j captrtred, to the privileges of a prisoner ol war. Identification data:

‘Race.. …………………. i …………………………………. +~nger]Xint

: (Sex.) (Age.) (Color 01cyus.) (Color 01 hair.) {kt jljdexl} Finger print,
…………………………………..

right index. } j (Heighl, ;Ippros.) (Woight, appros.) (12ace.)
Renlarke: (xOte scar?, ctc.) .. j Remarks: ………………………. ………………… (Includc l~crc notalion of scars, clc., visible
…………………………

…………………………………………………………

Place …………………..I wllen clothed, which will aid in idcntificstion. j –

Date ………………….. : (Signature.)’………………………… 9

I;.sned by.. ……………… j (Title.) ………………………… ?’

r
To be 4 by 8 inches perlorated as indicated bound in books to retain stubs. To br rinfcd rnl light-weight bond papcr, $. corresponding numbe. sbf certiiicates and stubsto be pri~ted in sequcncc. Certficato to tc carried in a small metal contdincr suspended around the ncck. u