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Rules warfare 1914

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$ials, such as the use) 02treachery, maltreatment of prieoqerq, the Ggu4ded antlcdead, violations 'of or improper conduct .toward flags of ttuce, pillage, unnecessyys viblencd, and, destruktioli' of prgpertg, etc.
RULES OF LAND WARFABE:
36. Levee en wasse.-H. R.,Art. 11. The inhabitants of a ,ter- ritory which has not been occupied, who, on the approach of the enemy, spontaneously take up arqs to, resist the inyading troops without having had time to osganize, tnemselves in accord- ance {with, Article I, shall be, ,regarded, as belligerents if they carry arms openly and if they respect the laws and customs of war.' ,
=,Note that the first two requirements for militia and Volunteer aorps are not re dired, i. e., no responeible commander and no distinctive sign is requyred. The American rule, fro? which the above was taken, is cohtained in G. 0. 100, 1863' art. 51. If the people otjthat portion of an invaded country which'is 'not yet occupied by the enemy, OF of
the whole country, at the aproach of a hostile army: rise, under a
duly' authorized levy em Musse to resist the Invader they 'are now
treated as public en?'&ies, and, if capfpred, are prisoners of wa~." The new ru e a~tually duly puthorizes th? levy and ormts, incl$lng
specilcaly 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
hove~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 sel

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