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INSTRUCTIONS FOR THE GOVERNMENT OF ARMIES OF THE UNITED STATES IN THE FIELD PREPARED BY FRANCIS LIEBER LL D ORIGINALLY ISSUED AS GENERAL ORD ERS No ADJUTANT GENERAL S OFFICE 1863 WASHINGTON GOVERNMENT PRINTING OFFICE 18 98 100
INSTRUCTIONS FOR THE  GOVERNMENT OF ARMIES  OF  THE UNITED STATES IN THE FIELD.  PREPARED BY  FRANCIS LIEBER, LL. D.  ORIG...
GENERAL ORDERS f WAR DEPARTMENT ADJUTANT GENERAL S OFFICE No lOU Washington April 24 lSlj3 The following Instructions for the Government of Armies of the United States in the Field prepared by FRANCIS LIEBER LL D and revised by a Board of Officers of which Major General E A HITCHCOCK is president having been approved by the President of the United States he commands that they be published for the information of all concerned By ORDER OF THE SECRETARY OF WAR E D TOWNSEND Assistant Adj1ttant General Z
GENERAL ORDERS,  f  WAR DEPARTMENT, ADJUTANT GENERAL S OFFICE, No. lOU. Washington, April 24, lSlj3. The following  Instru...
INSTRUCTIONS FOR THE GOVERNMENT OF AR I1ES OF THE UNITED S rA l ES IN THE FIELD SECTION I Martial law Military jurisdiction Military necessity Retaliation 1 A place district or country occupied by an enemy stands in consequence of the occupation under the Martial Law of the invading or occupying army whether a ny proclamation declaring Martial Law or any public warning to the inhabitants has been issued or not Martial Law is the immediate and direct effect and consequence of occupation or con quest The presence of a hostile army proclaims its Mar tial Law 2 Martial Law does not cease during the hostile occupation except by special proclamation ordered by the commander in chief or by special mention in the treaty of peace concluding the war when the occupation of a place or territory continues beyond the conclusion of peace as one of the conditions of the same 3 Martial Law in a hostile country consists in the suspension by the occupying military authority of the criminal and civil law and of the domestic administration and government in the occupied place or territory and in the substitution of mili 3
INSTRUCTIONS FOR THE GOVERNMENT OF AR I1ES OF THE UNITED S rA l ES IN THE FIELD. SECTION I. Martial law-Military jurisdict...
4 tary rule and force for the same as well as in the dictation of general laws as far as military necessity requires this suspension substitution or dictation The commander of the forces may proclaim that the administration of all civil and penal law shall continue either wholly or in part as in times of peace unless otherwise ordered by the military authority 4 Martial Law is simply military authorityexer cised in accordance with the laws and usages of war Military oppression is not Martial Law it is the abuse of the power which that law confers As Martial Law is executed by military force it is in cumbent upon those who administer it to be strictly guided by the principles of justice honor and hu manity virtues adorning a soldier even more than other men for the very reason that he possesses the power of his arms against the unarmed 5 Martial Law should be less stringent in places and countries fully occupied and fairly conquered Much greater severity may be exercised in places or regions where actual hostilities exist or are ex pected and must be prepared for Its most com plete sway is allowed even in the commander s own country when face to face with the enemy because of the absolute necessities of the case and of the paramount duty to defend the country against invasion To save the country is paramount to all other considerations
4  tary rule and force for the same, as well as in the dictation of general laws, as far as military necessity requires th...
5 6 All civil and penal law shall continue to take its usual course in the enemy s places and territories under Martial Law unless interrupted or stopped by order of the occupying military power but all the functions of the hostile government legisla tive executive or administrative whether of a general provincial or local character cease under Martial Law or continue only with the sanction or if deemed necessary the participation of the occu pier or invader 7 Martial Law extends to property and to persons whether they are subjects of the enemy or aliens to that government 8 Consuls among American and European nations are not diplomatic agents Nevertheless their offices and persons will be subjected to Martial Law in cases of urgent necessity only their property and business are not exempted Any delinquency they commit against the established military rule may be punished as in the case of any other inhabitant and such punishment furnishes no reasonable ground for international complaint 9 The functions of Ambassadors Ministers or other diplomatic agents accredited by neutral powers to the hostile government cease so far as regards the displaced government but the conquering or occu pying power usually recognizes them as temporarily accredited to itself
5 6.  All civil and penal law shall continue to take its usual course in the enemy s places and territories under Martial ...
6
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7 tried in the manner therein directed but military offenses which do not come within the statute must be tried and punished under the common law of war The character of the courts which exercise 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 conferred by statute on courts martial are tried by military commissions 14 Military necessity as understood by modern civ ilized nations consists in the necessity of those measures which are indispensable for securing the ends of the war and which are lawful according to the modern law and usages of war 15 Military necessity admits of all direct destruction of life or limb of armed enemies and of other per sons whose destruction is incidentally unavoidable in the armed contests of the war it allows of the capturing of every armed enemy and every enemy of importance to the hostile government or of pe culiar danger to the captor it allows of all destruc tion of property and obstruction of the ways and channels of traffic travel or communication and of all withholding of sustenance or means of life from the enemy of the appropriation of whatever an enemy s country affords necessary for the sub sistence and safety of the army and of such decep tion as does not involve the breaking of good faith
7  tried in the manner therein directed  but military offenses which do not come within the statute must be tried and puni...
8 either positively pledged regarding agreements entered into during the war or supposed by the modern law of war to exist Men who take up arms against one another in public war do not cease on this account to be moral beings responsi ble to one another and to God 16 Military necessity does not admit of cruelty that is the infliction of suffering for the sake of suffering or for revenge nor of maiming or wound ing except in fight nor of torture to extort confes sions It does not admit of the use of poison in any way nor of the wanton devastation of a dis trict It admits of deception but disclaims acts of perfidy and in general military necessity does not include any act of hostility which makes the return to peace unnecessarily difficult 17 War is not carried on by arms alone It is lawful to starve the hostile belligerent armed or unarmed so that it leads to the speedier subjection of the enemy 18 When a commander of a besieged place expels the noncombatants in order to lessen the number of those who consume his stock of provisions it is lawful though an extreme measure to drive them back so as to hasten on the surrender 19 Commanders whenever admissible inform the enemy of their intention to bombard a place so that the noncombatants and especially the women
8  either positively pledged, regarding agreements entered into during the war, or supposed by the modern law of war to ex...
9 and children may be removed before the bombard ment commences But it is no infraction of the common law of war to omit thus to inform the enemy Surprise may be a necessity 20 Public war is a state of armed hostility between sovereign nations or governments It is a law and requisite of civilized existence that men live in political continuous societies forming organized units called states or nations whose constituents bear enjoy and suffer advance and retrograde together in peace and in war 21 The citizen or native of a hostile country is thus an enemy as one of the constituents of the hostile state or nation and as such is subjected to the hardships of the war 22 Nevertheless as civilization has advanced during the last centuries so has likewise steadily advanced especially in war on land the distinction between the private individual belonging to a hostile coun try and the hostile country itself with its men in arms The principle has been more and more acknowledged that the unarmed citizen is to be spared in person property and honor as much as the exigencies of war will admit 23 Private citizens are no longer murdered enslaved or carried off to distant parts and the inoffensive individual is as little disturbed in his private rela tions as the commander of the hostile troops can
9  and children, may be removed before the bombard   ment commences. But it is no infraction of the common law of war to o...
10 afford to grant vigorous war In the overruling demands of a 24 The almost uni versal rule in remote times was and continues to be with barbarous armies that the private individual of the hostile country is destined to suffer every privation of liberty and protection and every disruption of family ties Protection was and still is with uncivilized people the exception 25 In modern regular wars of the Europeans and their descendants in other portions of the globe protection of the inoffem ive citizen of the hostile country is the rule privation and disturbance of private relations are the exceptions 26 Commanding generals may cause the magistrates and civil officers of the hostile country to take tho oath of temporary allegiance or an oath of fidelity to their own victorious government or rulers and they may expel everyone who declines to do so But whether they do so or not the people and their civil officers owe strict obedience to them as long as they hold sway over the district or country at the peril of their lives 27 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 retaliation as the sternest feature of war A reck less enemy often leaves to his oppon ent no other
10  afford to grant vigorous war.  In  the overruling demands of a 24.  The almost uni versal rule in remote times was, an...
11 means of securing himself against the repetition of barbarous outrage 28 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 occurrence and the character of the misdeeds that may demand retribution Unjust or inconsiderate retaliation removes the belligerents farther and farther from the mitigating rllles of regular war and by rapid steps leads them nearer to the internecine wars of savages 29 Modern times are distinguished from earlier ages by the existence at one and the same time of many nations and great governments related to one another in close intercourse Peace is their normal condition war is the excep tion The ultimate object of all modern war is a renewed state of peace The more vigorously wars are pursued the better it is for humanity Sharp wars are brief 30 Ever since the formation and coexistencb of modern nations and ever since wars have become great national wars war has come to be acknowl edged not to be its own end but the means to obtain great ends of state or to consist in defense against wrong and no conventional restriction of the modes adopted to injure the enemy is any longer
11  means of securing himself against the repetition of barbarous outrage. 28.  Retaliation will, therefore, never be reso...
12 admitted but the law of war imposes many limi tations and restrictions on principles of justice faith and honor SECTION II Public and private property of the enemy Protection of persons and egpecially of women of religion the arts and sciences Punishment of crimes against the inhabitants of hostile countries 31 A victorious army appropriates all public mouey seizes all public movable property until further direction by its government and sequesters for its own benefit or of that of its government all the revenues of real property belonging to the hostile government or nation The title to such real prop erty remains in abeyance during military occupa tion and until the conquest is made complete 32 A vict060us army by the martial power inher ent in the same may suspend change or abolish as far as the martial power extends the relations which arise from the services due according to the existing laws of the invaded country from one citizen subject or native of the same to another The commander of the army must leave it to the ultimate treaty of peace to settle the permanency of this change 33 It is no longer considered lawful on the con trary it is held to be a serious breach of the law of war to force the subjects of the enemy into the service of the victorious government except the
12  admitted  but the law of war imposes many limi   tations and restrictions on principles of justice, faith, and honor. ...
13 latter should proclaim after a fair and complete conquest of the hostile country or district that it is resolved to keep the country district or place permanently as its own and make it a portion of its own country 34 As a general rule the property belonging to churches to hospitals or other establishments of an exclusively charitable character to establish ments of education or foundations for the promo tion of knowledge whether public schools univer sities academies of learning or observatories museums of the fine arts or of a scientific charac ter such propert y is not to be considered public property in the sense of paragraph 31 but it may be taxed or used when the public service may require it 35 Classical works of art libraries scientific collec tions or precious instruments such as astronomical telescopes as well as hospitals must be secured against all avoidable injury even when they are contained in fortified places whilst besieged or bom barded 36 If such works of art libraries collections or instrmnents belonging to a hostile nation or gov ernment can be removed without injury the ruler of the conquering state or nation may order them to be seized and removed for the benefit of the said nation The ultimate ownership is to be settled by the ensuing treaty of peace
13  latter should proclaim, after a fair and complete conquest of the hostile country or district, that it is resolved to ...
14 In no case shall they be sold or given away if captured by the armies of the United States nor shall they ever be privately appropriated or wan tonly destroyed or injured 37 The United States acknowledge and protect in hostile count_ries occupied by them religion and mor lity strictly private property the persons of the inhabitants espe0ially those of women and the sacredness of domestic relations Offenses to the contrary shall be rigorously punished This rule does not interfere with the right of the victorious invader to tax the people or their prop erty to levy forced loans to billet soldiers or to appropriate property especially houses lands boats or ships and churches for temporary and military uses 38 Private property unless forfeited by crimes or by offenses of the owner can be f eized only by way of military necessity for the support or other benefit of the army or of the United States If the owner has not fled the commanding officer will cause receipts to be given which may serve the spoliated owner to obtain indemnity 39 The salaries of civil officers of the hostile govern ment who remain in the invaded territory and con tinue the work of their office and can continuo it according to the circumstances arising out of the war such as judges administrative or police offi cers officers of city or communal goverllments
14  In no case shall they be sold or given away, if captured by the armies of the United States, nor shall they ever be pr...
15 are paid from the public revenue of the invaded territory until the military government has reason wholly or partially to discontinue it Salaries or incomes connected with purely honorary titles are always stopped 40 There exists no law or body of authoritative rules of action between hostile armies except that branch of the law of nature and nations which is called the law and usages of war on land 41 All municipal law of the ground on which the armies stand or of the countries to which they belong is silent and of no effect between armies in the field 42 Slavery complicating and confounding the ideas of property that is of a thing and of personality that is of httmant ty exists according to munici pal or local law only The law of nature and nations has never acknowledged it The digest of the Roman law enacts the early dictum of the pagan jurist that so far as the law of nature is con cerned all men are equal Fugitives escaping from a country in which they were slaves villains or serfs into another country have for centuries past been held free and acknowledged free by judicial decisions of European countries even though the municipal law of the country in which the slave had taken refuge aeknowledged slavery within its own dominions
15  are paid from the public revenue of the invaded territory, until the military government has reason wholly or partiall...
16 43 Therefore in a val between the United States and a belligerent which admits of slavery if a per son held in bondage by that belligerent be captured by or come as a fugitive under the protection of the military forces of the United States such person is immediately entitled to the rights and privileges of a freeman To return such person into slavery would amount to enslaving a free person and neither the United States nor any officer under their authority can enslave any human being More over a person so made free by the law of war is under the shield of the law of nations and the former owner or State can have by the law of post liminy no belligerent lien or claim of service 44 All wanton violence committed against persons in the invaded country all destruction of property not commanded by the authorized officer all rob bery all pillage or sacking even after taking a place by main force all rape wounding maiming or killing of such inhabitants are prohibited under the penalty of death or such other severe punish ment as may seem adequate for the gravity of the offense A soldier officer or private in the act of com mitting such violence and disobeying a superior ordering him to abstain from it may be lawfully killed on the spot by such superior 45 All captures and booty belong according to the modern law of war primarily to the government of the captor
16  43.  Therefore, in a  val  between the United States and a belligerent which admits of slavery, if a per   son held in...
17 Prize money whether on sea or land can now only be claimed under local law 46 Neither officers nor soldiers are allowed to make use of their position or power in the hostile country for private gain not even for commercial transac tions otherwise legitimate Offenses to the con trary committed by commissioned officers will be punished with cashiering or such other punishment as the nature of the offense may require if by sol diers they shall be punished according to the nature of the offense 47 Crimes punishable by all penal codes such as arson murder maiming assaults highway rob bery theft burglary fraud forgery and rape if committed by an American soldier in a hostile country against its inhabitants are not only pun ishable as at home but in all cases in which death is not inflicted the severer punishment shall be preferred SECTION III Deserters Prisoners of war Hostages Booty on the battle field 48 Deserters from the American Army having en tered the service of the enemy suffer death if they fall again into the hands of the United States whether by capture or being delivered up to the American Army and if a deserter from the enemy having taken service in the Army of the United 1115 2
17  Prize money, whether on sea or land, can now only be claimed under local law. 46.  Neither officers nor soldiers are a...
18 States is captured by the enemy and punished by them with death or otherwise it is not a bl each against the law and usages of war requiring redress or retaliation 49 A prisoner of war is a public enemy armed or attached to the hostile army for active aid who has fallen into the hands of the captor either fightIng or wounded on the field or in the hospital by indi vidual surrender or by capitulation All soldiers of whatever species of arms all men who belong to the rising en 1nasse of the hostile country all those who are attached to the army for its efficiency and promote directly the object of the war except such as are hereinafter provided for all disabled men or officers on the field or else where if captured all enemies who have thrown away their arms and ask for quarter are prisoners of war and as such exposed to the inconveniences as well as entitled to the privileges of a prisoner of war 50 Moreover citizens who accompany an army for whatever purpose such as sutlers editors or re porters of journals or contractors if captured may be made prisoners of war and be detained as such The monarch and members of the hostile reign ing family male or female the chief and chief officers or the hostile government its diplomatic agents and all persons who are of particular and singular use and benefit to the hostile army or its government are if captured on belligerent ground
18  States, is captured by the enemy, and punished by them with death or otherwise, it is not a bl each against the law an...
19 and if unprovided with a safe conduct granted by the captor s government prisoners of war 51 If the people of that portion of an invaded coun try which is not yet occupied by the enemy or of the whble country at the approach of a hostile army rise under a duly authorized levy en masse to resist the invader they are now treated as public enemies and if captured are prisoners of war 52 No belligerent has the right to declare that he will treat every captured man i n arms of a levy en masse as a brigand or bandit If however the people of a country or any por tion 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 53 The enemy s chaplains officers of the medical staff apothecaries hospital nurses and servants if they fall into the hands of the American Army are not prisoners of war unless the commander has reasons to retain them In this latter case or if at their own desire they are allowed to remain with their captured companions they are treated as prisoners of war and may be exchanged if the commander sees fit 54 A hostage is a person accepted as a pledge for the fulfillment of an agreement concluded between belligerents during the war or in consequence of a war Hostages are rare in the present age
19  and if unprovided with a safe conduct granted by the captor s government, prisoners of war. 51.  If the people of that...
20 55 If a hostage is accepted he is treated like a pris oner of war according to rank and condition as circumstances may admit 56 A prisoner of war is subject to no punishment for being a public enemy nor is any revenge wreaked upon him by the intentional infliction of any suf fering or disgrace by cruel imprisonment want of food by mutilation death or any other barbarity 57 So soon as a man is armed by a sovereign govern ment and takes the soldier s oath of fidelity he is a belligerent his killing wounding or other warlike acts are not individual crimes or offenses No bel ligerent has a right to declare that enemies of a cer tain class color or condition when properlyorgan ized as soldiers will not be treated by him as pub lic enemies 58 The law of nations knows of no distinction of color and if an enemy of the United States should enslave and sell any captured persons of their army it would be a case for the severest retaliation if not redressed upon complaint The United States can not retaliate byenslave ment therefore death must be the retaliation for this crime against the law of nations 59 A prisoner of war remains answerable for his crimes committed against the captor s army or peo ple committed before he was captured and for
20 55.  If a hostage is accepted, he is treated like a pris   oner of war, according to rank and condition, as circumstanc...
21 which he has not been punished by his own au thorities All prisoners of war are liable to the infliction of retaliatory measures 60 It is against the usage of modern war to resolve in hatred and revenge to give no quarter No body of troops has the right to declare that it will not give and therefore will not expect quarter but a commander is permitted to direct his troops to give no quarter in great straits when his own salvation makes it impossible to cumber himself with prisoners 61 Troops that give no quarter have no right to kill enemies already disabled on the ground or prison ers captured by other troops 62 All troops of the enemy known or discovered to give no quarter in general or to any portion of the army receive none 63 Troops who fight in the uniform of their enemies without any plain striking and uniform mark of distinction of their own can expect no quarter 64 If American troops capture a train containing uniforms of the enemy and the commander con siders it advisable to distribute them for use among his men some striking mark or sign must be adopted to distinguish the American soldier from the enemy
21   which he has not been punished by his own au   thorities. All prisoners of war are liable to the infliction of retali...
22 65 The use of the enemy s national standard flag or other emblem of nationality for the purpose of deceiving the enemy in battle is an act of perfidy by which they lose all claim to the protection of the laws of war 66 Quarter having been given to an enemy by Amer ican troops under a misapprehension of his true character he may nevertheless be ordered to suf fer death if within three days after the battle it be discovered that he belongs to a corps which gives no quarter 67 The law of nations allows every sovereign gov ernment to make war upon another sovereign state and therefore admits of no rules or laws different from those of regular warfare regarding the treat ment of prisoners of war although they may belong to the army of a government which the captor may consider asa wanton and unjust assailant 68 Modern wars are not internecine wars in which the killing of the enemy is the object Thedestruc tion of the enemy in modern war and indeed mod ern war itself are means to obtain that object f the belligerent which lies beyond the war D nnecessary or revengeful destruction of life is not lawful 69 Outposts sentinels or pickets are not to be fired upon except to drive them in or when a positive
22 65.  The use of the enemy s national standard, flag, or other emblem of nationality, for the purpose of deceiving the e...
23 order special or general has been issued to that effect 70 The use of poison in any manner be it to poison wells or food or arms is wholly excluded from modern warfare He that uses it puts himself out of the pale of the law and usages of war n Whoever intentionally inflicts additional wounds on an enemy already wholly disabled or kills such an enemy or who orders or encourages soldiers to do so shall suffer death if duly convicted whether he belongs to the Army of the United States or is an enemy captured after having committed his mis deed 72 Money and other valuables on the person of a prisoner such as watches or jewelry as well as extra clothing are regarded by the American Army as the private property of the prisoner and the appropriation of such valuables or money is con sidered dishonorable and is prohibited Nevertheless if large sums are found upon the persons of prisoners or in their possession they shall be taken from them and the surplus after providing for their own support appropriated for the use of the army under the direction of the com mander unless otherwise ordered by the govern ment N or can prisoners claim as private prop erty large sums found and captured in their train although they have been placed in the private lug gage of the prisoners
23  order, special or general, has been issued to that effect. 70.  The use of poison in any manner, be it to poison wells...
24 73 All officers when captured must surrender their side arms to the captor They may be restored to the prisoner in marked cases by the commander to signalize admiration of his distinguished bravery or approbation of his humane treatment of prison ers before his capture The captured officer to whom they may be restored can not wear them during captivity 74 A prisoner of war being a public enemy is the prisoner of the government and not of the captor No ransom can be paid by a prisoner of war to his individual captor or to any officer in command The government alone releases captives according to rules prescribed by itself 75 Prisoners of war are subject to confinement or imprisonment such as may be deemed necessary on account of safety but they are to be subjected to no other intentional suffering or indignity The con finement and mode of treating a prisoner may be varied during his captivity according to the demands of safety 76 Prisoners of war shall be fed upon plain and wholesome food whenever practicable and treated with humanity They may be required to wor k for the benefit of the captor s government according to their rank and condition
24 73.  All officers, when captured, must surrender their side arms to the captor. They may be restored to the prisoner in...
25 77 A prisoner of war who escapes may be shot or otherwise killed in his flight but neither death nor any other punishment shall be inflicted upon him simply for his attempt to escape which the law of war does not consider a crime Stricter means of security shall be used after an unsuccess ful attempt at escape If however a conspiracy is discovered the pur pose of which is a united or general escape the conspirators may be rigorously punished even with death and capital punishment may also be inflicted upon prisoners of wal discovered to have plotted rebellion against the authorities of the captors whether in union with fellow prisoners or other persons 78 If prisoners of war having given no pledge nor made any promise on their honor forcibly or other wise escape and are captured again in battle after having rejoined their own army they shall not be punished for their escape but shall be treated as simple prisoners of war although they will be subjected to stricter confinement 79 Every captured wounded enemy shall be medic ally treated according to the tbility of the medical staff 80 Honorable men when captured will abstain from giving to the enemy information concerning their own army and the modern law of war per
25 77.  A prisoner of war who escapes may be shot or otherwise killed in his flight  but neither death nor any other punis...
26 mits no longer the use of any violence against pds oners in order to extort the desired information or to punish them for having given false information SECTION IV Partisans Armed enemies not belonging to the hostile army Scouts Armed prowlers War rebels 81 Partisans are soldiers armed and wearing the uniform of their army but belonging to a corps which acts detached from the main body for the purpose of making inroads into the territory occu pied by the enemy If captured they are entitled to all the privileges of the prisoner of war 82 Men or squads of men who commit hostilities whether by fighting or inroads for destruction or plunder or by raids of any kind without commis sion without being part and portion of the organ ized hostile army and without sharing continuously in the war but who do so with intermitting returns to their homes and avocations or with the occa sional assumption of the semblance of peaceful pursnits divesting themselves of the character or appearance of soldiers such men or squads of men are not public enemies and therefore if captured are not entitled to the privileges of prisoners of war but shall be treated summarily as highway robbers or pirates 83 Scouts or single soldiers if disguised in the dress of the conntry or in the uniform of the army hos
26  mits no longer the use of any violence against pds   oners in order to extort the desired information or to punish the...
27 tile to their own employed in obtaining informa tion if found within or lurking about the lines of the captor are treated as spies and suffer death 84 Armed prowlers by whatever names they may be called or persons of the enemy s territory who steal within the lines of the hostile army for the pur pose of robbing killing or of destroying bridges roads or canals or of robbing or destroying the mail or of cutting the telegraph wires are not entitled to the privileges of the prisoner of war 85 War rebels are persons within an occupied terri tory who rise in arms against the occupying or conquering army or against the authorities estab lished 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 SECTION V Safe conduct Spies War traitors Captured messengers Abuse of the Hag of truce 86 All intercourse between the territories occupied by belligerent armies whether by traffic by letter by travel or in any other way ceases This is the general rule to be observed without special procla mation
27  tile to their own, employed in obtaining informa   tion, if found within or lurking about the lines of the captor, are...
28 Exceptions to this rule whether by safe conduct or permission to trade on a small or large scale or by exchanging mails or by travel from one terri tory into the other can take place only according to agreement approved by the government or by the highest Dilitary authority Contraventions of this rule are highly punishable 87 Ambassadors and all other diplomatic agents of neutral powers accredited to the enemy may re ceive safe conducts through the territories occupied by the belligerents unless there are military rea sons to the cO ltrary and unless they may reach the place of their destination conveniently by another route It implies no international affront if the safe conduct is declined Suc passes are usually given by the supreme authority of the State and not by subordinate officers 88 A spy is a person who secretly in disguise or under false pretense seeks information with the intention of communicating it to the enemy The spy is punishable with death by hanging by the neck whether or not he succeed in obtaining the information or in conveying it to the enemy 89 If a citizen of the United States obtains informa tion in a legitimate manner and betrays it to the enemy be he a military or civil officer or a private citizen he shall suffer death
28  Exceptions to this rule, whether by safe-conduct, or permission to trade on a small or large scale, or by exchanging m...
29 90 A traitor under the law of war or a war traitor is a person in a place or district under martial law who unauthorized by the military commander gives information of any kind to the enemy or holds intercourse with him 9l The war traitor is always severely punished If his offense consists in betraying to the enemy any thing concerning the condition safety operations or plans of the troops holding or occupying the place or district his punishment is death 92 If the citizen or subject of a country or place in vaded or conquered gives information to his own government from which he is separated by the hostile army or to the army of his government he is a war traitor and death is the penalty of his offense 93 All armies in the field stand in need of guides and impress them if they can not obtain thew otherwise 94 No person having been forced by the enemy to serve as guide is punishable for having done so 95 If a citizen of a hostile and invaded district vol untarily serves as a guide to the enemy or offer to do so he is deemed a war traitor and shall suffer death
29  90.  A traitor under the law of war, or a war-traitor, is a person in a place or district under martial law who, unaut...
30 96 A citizen serving voluntarily as a guide against his own country commits treasoll and will be dealt with according to the law of his country 97 Guides when it is clearly proved that they have misled intentionally may be put to death 98 All unauthorized or secret communication with the enemy is considered treasonable by the law of war Foreign residents in an invaded or occl pied terri tory or foreign visitors in the same can claim no immunity from this law They may communicate with foreign parts or with the inhabitants of the hostile country so far as the military authority permits but no further Instant expulsion from the occupied territory would be the very least PUll ishment for the infraction of this rule 99 A messenger carrying written dispatches or ver bal messages from one portion of the army or flOm a besieged place to another portion of the same army or its government if armed and in the uni form of his army and jf captured while doing so in the territory occupied by the enemy is tl eated by the captor as a prisoner of war If not in uni form nor a soldier the circumstances connected with his capture must determine the disposition that shall be made of him
30 96.  A citizen serving voluntarily as a guide against his own country commits treasoll, and will be dealt with accordin...
31 100 A messenger or agent who attempts to steal through the territory occupied by the enemy to further in any manner the interests of the enemy if captured is not entitled to the privileges of the prisoner of war and may be dealt with according to the circumstances of the case 101 While deception in war is admitted as a just and necessary means of hostility and is consistent with honorable warfare the common law of war allows even capital punishment for clandestine or treach erous attempts to injure an enemy because they are so dangerous and it is so difficult to guard against them 102 The law of vyar like the criminal law regarding other offenses makes no difference on account of the difference of sexes concerning the spy the war traitor or the war rebel 103 Spies war traitors and war rebels are not ex changed acc ording to the common law of war The exchange of such persons would require a special cartel authorized by the government or at a great distance from it by the chief commander of the army in the field 104 A successful spy or war traitor safely returned to his own army and afterwards captured as an enemy is not subject to punishment for his acts as a spy or war traitor but he may be held in closer custody as a person indiyidug lly dangerous
31 100.  A messenger or agent who attempts to steal through the territory occupied by the enemy, to further, in any manner...
32 SECTION VI Exchange of prisoners Flags of truce Flags of protection 105 Exchanges of prisoners take place number for number rank for rank wounded for wounded with added condition for added condition such for instance as not to serve for a certain period 106 In exchanging prisoners of war such numbers of persons of inferior rank may be substituted as an equivalent for one of superior rank as may be agreed upon by cartel which requires the sanction of the government or of the commander of the army in the field 107 A prisoner of war is in honor bound truly to state to the captor his rank and he is not to assume a lower rank than belongs to him in ord13r to cause a more advantageous exchange nor a higher rank for the purpose of obtaining better treatment Offenses to the contrary have been justly pun ished by the commanders of released prisoners and may be good cause for refusing to release such pris oners lOB The surplus number of prisoners of war remain ing 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 or other necessaries
32  SECTION VI. Exchange of prisoners-Flags of truce-Flags of protection.  105.  Exchanges of prisoners take place-number ...
33 Such arrangement however requires the sanction of the highest authority 109 The exchange of prisoners of war is an act of con venience to both belligerents If no general cartel has been concluded it can not be demanded by either of them No belligerent is obliged to ex change prisoners of war A cartel is voidable as soon as either party has violated it 110 No exchange of prisoners shall be made except after complete capture and after an accurate account of them and a list of the captured officers has been taken 111 The bearer of a flag of truce can riot insist upon being admitted He must always be admitted with great caution Unnecessary frequency is carefully to be avoided 112 If the bearer of a flag of truce offer himself dur ing an engagement he can be admitted as a very rare exception only It is no breach of good faith to retain such flag of truce if admitted during the engagement Firing is not required to cease on the appearance of a flag of truce in battle 113 If the bearer of a flag of truce presenting him self during an engagement is killed or wounded it furnishes no ground of complaint whatever 11l5 3
33  Such arrangement, however, requires the sanction of the highest authority. 109.  The exchange of prisoners of war is a...
34
34
35 118 The besieging belligerent has sometimes requested the besieged to designate the buildings containing collections of works of art scientific museums astronomical observatories or precious libraries so that their destruction may be avoided as much as possible SECTION VII The Parole 119 P risoners of war may be released from captivity by exchange and under certain circumstances also by parole 120 The term Parole designates the pledge of indi vidual good faith and honor to do or to omit doing certain acts after he who gives his parole shall have been dismissed wholly or partially from the power of the captor 121 The pledge of the parole is always an individual but not a private act 122 The parole applies chiefly to prisoners of war whom the captor allows to return to their country or to Hve in greater freedom within the captor s country or territory on conditions stated in the parole 123 Release of prisoners of war by exchange is the general rule release by parole is the exception
35 118.  The besieging belligerent has sometimes requested the besieged to designate the buildings containing collections ...
36 124 Breaking the parole is punished with death when the person breaking the parole is captured again Accurate lists therefore of the paroled persons must be kept by the belligerents 125 When paroles are given and received there must be an exchange of two written documents in which the name and rank of the paroled individuals are accurately and truthfully stated 126 Commissioned officers only are allowed to give their parole and they can give it only with the permission of their superior as long as a superior in rank is within reach 127 No noncommissioned officer or private can give 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 admissible exception is where individuals properly separated from their commands have suffered long confinement without the possibility of being paroled through an officer 128 No paroling on the battlefield no paroling of entire bodies of troops after a battle and no dis missal of large numbers of prisoners with a general declaration that they are paroled is permitted or of any value
36 124.  Breaking the parole is punished with death when the person breaking the parole is captured again. Accurate lists,...
37 129 In capitulations for the surrender of strong places or fortified camps the commanding officer in cases of urgent necessity may agree that the troops under his command shall not fight again during the war unless exchanged 130 The usual pledge given in the parole is not to serve during the existing war unless exchanged This pledge refers only to the active service in the field against the paroling belligerent or his allies actively engaged in the same war These cases of breakiI g the parole are patent acts and can be visited with the punishment of death but the pledge does not refer to internal service such as recruiting or drilling the recruits fortifying places not besieged quelling civil commotions fighting against belligerents unconnected with the paroling belligerents or to civil or diplomatic serv ice for which the paroled officer may be employed 131 If the government does not approve of the parole the paroled officer must return into captivity and should the enemy refuse to receive him he is free of his parole 132 A belligerent government may declare by a gen eral order whether it will allow paroling and on what conditions it will allow it Such order is com municated to the enemy
37 129.  In capitulations for the surrender of strong places or fortified camps the commanding officer, in cases of urgent...
38 133 N o prisoner of war can be forced by the hostile government to parole himself and no government is obliged to parole prisoners of war or to parole all captured officers if it paroles any As the pledging of the parole is an individual act so is paroling on the other hand an act of choice on the part of the belligerent 134 The commander of an occupying army may re quire of the civil officers of the enemy and of its citizens any pledge he may consider necessary for the safety or security of his army and upon their failure to give it he may arrest confine or detain them SECTION VIII Armistice Capitulation 135 An armistice is the cessation of active hostilities for a period agreed between belligerents It must be agreed upon in writing and duly ratified by the highest authorities of the contending parties 136 If an armistice be declared without conditions it extends no further than to require a total cessation of hostilities along the front of both belligerents If conditions be agreed upon they should be clearly expressed and must be rigidly adhered to by both parties If either party violates any ex press condition the armistice may be declared null and void by the other
38 133.  N o prisoner of war can be forced by the hostile government to parole himself, and no government is obliged to pa...
39 137 An armistice may be general and valid for all points and lines of the belligerents or special that is referring to certain troops or certain localities only An armistice may be concluded for a definite time or for an indefinite time during which either belligerent may resume hostilities on giving the notice agreed upon to the other 138 The motives which induce the one or the other belligerent to conclude an armistice whether it be expected to be preliminary to a treaty of peace or to prepare during the armistice for a more vigor ous prosecution of the war does in no way affect the character of the armistice itself 139 An armistice is binding upon the belligerents from the day of the agreed commencement but the officers of the armies are responsible from the day only when they receive official information of its existence 140 Commanding officers have the right to conclude armistices binding on the district over which their command extends but such armistice is subject to the ratification of the superior authority and ceases so soon as jt is made known to the enemy that the armistice is not ratified even if a certain time for the elapsing between giving notice of cessation and the resumption of hostilities should have been stip ulated for
39 137.  An armistice may be general, and valid for all points and lines of the belligerents  or special, that is, referri...
40 14l It is incumbent upon the contracting parties of an armistice to stipulate what intercourse of per sons or traffic between the inhabitants of the ter ritories occupied by the hostile armies shall be allowed if any If nothing is stipulated the intercourse remains suspended as during actual hostilities 142 An armistice is not a partial or a temporary peace it is only the suspension of military opera J tions to the extent agreed upon by the parties 143 When an armistice is concluded between a forti fied place and the army besieging it it is agreed by all the authorities on this subject that the besieger must cease all extension perfection or advance of his attacking works as much so as from attacks by main force But as there is a difference of opinion among martial jurists whether the besieged have the right to repair breaches or to erect new works of defense within the place during an armistice this point should be determined by express agreement between the parties 144 So soon as a capitulation is signed the capitu lator has no right to demolish destroy or injure the works arms stores or ammunition in his possession during the time which elapses between the signing and the execution of the capitulation unless otherwise stipulated in the same
40  14l.  It is incumbent upon the contracting parties of  an armistice to stipulate what intercourse of per   sons or tra...
41 145 When an armistice is clearly broken by one of the parties the other party is released from all obligation to observe it 146 Prisoners taken in the act of breaking an armis tice must be treated as prisoners of war the officer alone being responsible who gives the order for such a violation of an armistice The highest authority of the belligerent aggrieved may demand redress for the infraction of an armistice 147 Belligerents sometimes conclude an armistice while their plenipotentiaries are met to discuss the conditions of a treaty of peace but plenipotentia ries may meet without a preliminary armistice in the latter case the war is carried on without any B batement SECTION IX Assassination 148 The law of war does not allow proclaiming either an individual belonging to the hostile army or a citizen or a subject of the hostile government an outlaw who may be slain without trial by any captor any more than the modern law of peace allows such intentional outlawry on the contrary it abhors such outrage The sternest retaliation should follow the murder committed in consequence
41 145.  When an armistice is clearly broken by one of the parties, the other party is released from all obligation to obs...
42 of such proclamation made by whatever authority Civilized nations look with horror upon offers of rewards for the assassination of enemies as relapses into barbarism SECTION X Insurrection Civil War Rebellion 149 Insurrection is the rising of people in arms against their government or a portion of it or against one or more of its laws or against an officer or officers of the government It may be confined to mere armed resistance or it may have greater ends in view 150 Civil war is war between two or more portions of a country or state each contending for the mastery of the whole and each claiming to be the legitimate government The term is also sometimes applied to war of rebellion when the rebellious provinces or portions of the state are contiguous to those con taining the seat of government 151 The term rebellion is applied to an insurrection of large extent and is usually a war between the legitimate government ofa country and portions of provinces of the same who seek to throw off their allegiance to it and set up a government of their own 152 When humanity induces the adoption of the rules of regular war toward rebels whether the adoption
42  of such proclamation, made by whatever authority. Civilized nations look with horror upon offers of rewards for the as...
43 is partial or entire it does in no way whatever imply a partial or complete acknowledgment of their governm nt if they have set up one or of them as an independent and sovereign power Neutrals have no right to make the adoption of the rules of war by the assailed government toward rebels the ground of their own acknowledgment of the revolted people as an independent power 153 Treating captured rebels as prisoners of war ex changing them conCluding of cartels capitulations or other warlike agreements with them addressing officers of a rebel army by the rank they may have in the same accepting flags of truce or on the other hand proclaiming martial law in their terri tory or levying war taxes or forced loans or doing any other act sanctioned or demanded by the law and usages of public war between sovereign bel ligerents neither proves nor establishes an ac knowledgment of the rebellious people or of the government which they may have erected as a public or sovereign power Nor does the adoption of the rules of war toward rebels imply an engage ment with them extending beyond the limits of these rules It is victory in the field that ends the strife and settles the future relations between the contending parties 154 Treating in the field the rebellious enemy ac cording to the law and usages of war has never prevented the legitimate government from trying the leaders of the rebellion or chief rebels for high
43  is partial or entire, it does in no way whatever imply a partial or complete acknowledgment of their governm nt, if th...
44 treason and from treating them accordingly unless they are included in a general amnesty 155 All enemies in regular war are divided into two general classes that is to say into combatants and noncombatants or unarmed citizens of the hostile government The military commander of the legitimate gov ernment in a war of rebellion distinguishes be tween the loyal citizen in the revolted portion of the country and the disloyal citizen The disloyal citizens may further be classified into those citizens known to sympathize with the rebellion without positively aiding it and those who without taking up arms give positive aid and comfort to the rebel lious enemy without being bodily forced thereto 156 Oommon justice and plain expediency require that the military commander protect the mani festly loyal citizens in revolted territories against the hardships of the war as much as the common misfortune of all war admits The commander will throw the burden of the war as much as lies within his power on the dis loyal citizens of the revolted portion or province subjecting them to a stricter police than the non combatant enemies have to suffer in regular war and if he deems it appropriate or if his govern m nt demands of him that every citizen shall by an oath of allegiance or by some other manifest act declare his fidelity to the legitimate govern ment he may expel transfer imprison or fine the
44  treason, and from treating them accordingly, unless they are included in a general amnesty. 155.  All enemies in regul...
45 revolted citizens who refuse to pledge themselves anew as citizens obedient to the law and loyal to the government Whether it is expedient to do so and whether reliance can be placed upon such oaths the com manderor his government have the right to decide 157 Armed or unarmed resistance by citizens of the United States against the lawful movements of their troops is levying war against the United States and is therefore treason
45  revolted citizens who refuse to pledge themselves anew as citizens obedient to the law and loyal to the government. Wh...
INDEX Page Allegiance oath of________ 10 Ambassadors etc A I m cd resistance A rnlisticc _ ___ 5 28 42 45 __ __ _ Dreach of Capitulation Duration _________ Errect of Extent 41 38 40 __ General _ _ 39 40 41 38 39 40 39 39 __ SpecIaI_____ Vho may make Written _ _ 38 ____ __ _______________________________________________ _ ___ _ _ Arms captured officers surrender side________________________________________ Art works of _ __ ____ _ Assassina tioll______ __ ___ _____ __ __ Bombardment notice of ___ _ _ __ _ 39 38 24 1 1 41 __ 8 Booty 16 17 Capi tulo tioTI 38 Churches and charitable institntions_________________________________________ 13 Civil officers 14 15 Oath of 10 Civil war __________________________________________4 Rules applicable to Consuls CrImes punishment of 42 45 5 16 17 6 7 8 Cruelty Deserters__ ___ _ ___ Enemies classIfication oL _ _ 17 9 10 18 19 44 Enemy wounding disablcd__________________________________________________ 23 Exchange of prisoners 32 35 _ 32 OarteJs Credits for surplus Not compulsory__ __ Only after 90mplete capture etc_ Prisoner must state his rank Dasis_ ___ _ 32 33 32 33 33 32 __ ___ _ Refusal to state rank cOllsequences______________________________________ Release may be for money etc when 47 32 32
INDEX.  Page. Allegiance, oath of________  10  Ambassadors, etc A I m cd resistance .A.rnlisticc _  ___  5, 28 42, 45 __  ...
48 Page Flags use of eneiny s ______________________________________________________2 2 Flags of truce __32 33 Abuse of how pUll ishcd 27 34 Bearers of __ _ __ 33 Sacred character of ___ 34 Flags of protection 32 34 Abnse of __ 34 Guides Hospitals protecti on of Site o f how designated Hostages c Hostile governmenL Civil officers of Information to enemy Insnrrection _ _ __ Rnles applicable to Invaded conntry 29 30 13 34 34 17 19 20 14 15 14 15 28 42 42 45 16 17 Crimes against property oL_____________________________________________ 16 Crimes against persons of 16 Trade by officers and soldiers in _________________________ 17 Jurisdidion military 3 G Libraries 13 35 Martial law 3 Ambassadors etc 5 28 Consn Is _____ 5 CI uelty ___ __ _ 6 _ __ __ __ _ _ _ 3 4 Defini ti on_____ J Effect of occupati on ___ _ _ 3 Exc cptions __________ 5 Executions __ ___ _ _ _ 4 Extent of operation 4 J 5 12 Military jurisdiction 6 Ministers etc_ _ _ __ __ _ ____ ___ ___ 5 Paramount in occupIed territory 4 Proclaluatioll___________________________________________________________ 3 Relation to civil law 5 Sel f proclaimed _ _ _ 3 Taxation 6 Ii ____________________________ I ri d ti o 3 vation __ __ __ _ Dcri Exercise of Source Military nocessity Cruelty Definition Limitation ofStarving otc when lawfnl _ ____ _____________________________ __ __ ____ ____ ___ 6 7 G 7 8 7 8 8
48 Page. Flags, use of eneiny s ______________________________________________________2 2 Flags of truce   __32,33 Abuse o...
49 Money appropriation ofMuseums 7 7 _ Necessity military Occu pation Ou tposts Paroles _ ___ ____ _ Belligerents may refuse to give Breach of penalty Definition _ ____ __ __ __ _ ___ __ ____ Exceptional character Form Page 12 23 13 35 3 _ 3 __ 22 35 38 __________ 37 36 35 35 38 36 ___ Given by officers only___________________________________________________ Not a private acl _ _ 36 35 Not given by enlisted men 36 Obligation______________________________________________________________ 35 Pledge oL 35 37 Written 36 Partisans _ __ ___ __ _ 26 Armed prowlers 26 27 Scouts 26 27 War rebels 26 27 Pickets _________________________________________22 Pqison __ __ _ 23 17 18 19 24 _ 24 Confinement oL________________________________________________________ 24 Crimes oL 20 21 Escape of ___ 25 Exchange oL 32 35 Food of 24 Hostages 19 20 Labor of ______ _ _____ 24 Money and property oL ________________________________________ 23 Quarter 21 22 Ransom of 24 PIi onerB of war Arms of etc Treatment of Who may be made Prize money Property C Of churches and charitable institutions pri oner s _ __ __ ______ 19 20 23 24 18 19 17 __ 12 13 23 Priva t _ T ___________________ 14 Public _ __ 23 Treatment of ____________________________________________ 14 Violence to 14 16 Works of art Iibra ies etc _________________________________ 13 1116 4
49 Money, appropriation ofMuseums        - - 7  -  - -  - -  ------7-- _ ---- -- -- -- ---  Necessity, military Occu patio...
50 Protection ofPage Art works oL c 13 35 Observatories 13 35 Persons generally 14 16 Private property of the enemy 14 16 Pnblic property of the e umy _________________________________ 12 Public schools _ 13 Sacredness of domestic relatioIlS_ _ 14 1 1 14 Service religion and buildings devoted to Scientific collections 1 1 5 Universities 1 1 Women 14 Punishment of crimes 16 17 Against inhabitants of hostile country 16 17 Quarter 21 Rebel ar 19 26 27 Rebellion __ __ __ __ _ _ _ __ _ 42 Rnles applicable to 42 45 Retalil tion 10 11 20 21 41 Safe conducts 27 28 Sentin els_ ___ __ __ __ __ _ ___ __ __ _ __ _ 22 Siege operations conduct of 8 9 13 40 Slavery 9 15 16 20 Spies 27 31 Agents and messen ers 27 28 30 31 Delinition ____ __ _____ __ ___ _ 28 Guides 29 30 No difference on account of sex ____ 31 Not exchanged_________________________________________________________ 31 Penalty 29 30 Secret communications__________________________________________________ 30 Successful __ __ __ 31 Taxation 6 14 2 Traitor ar e War Traitor Trai tors _ _ __ _ __ ______ __ Truce flags of Truce See Armistice War Carried on how and by whom Common law of Deft ni tion __ _ Deserters ______________ Enerpies Flags of truce Law of LeYJing of definition Martial law c__ Methods of _ 29 32 33 8 9 6 9 17 9 18 19 3 13 6 15 22 11 22 3 8 12 _________ _
50 Protection ofPage. Art, works oL   c 13,35 Observatories 13, 35 Persons generally 14, 16 Private property of the enemy ...
51 War Continued Persons protection of Prisoners of Property protection oL Rebel Siege operations Traitor o Page 9 10 18 24 9 0 19 26 27 8 9 13 40 27 29 31
51   War-Continued. Persons, protection of Prisoners of Property, protection oL Rebel Siege operations Traitor    ..  ----...