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Rules warfare 1940

Rules warfare 1940

WAR DEPARTMENT FIELD MANUAL
RULESOF
LANDWARFARE

Cover page
WAR DRIPAXTM~NT,
WABHINQTON,
October 1, 1940. FM 27-10, Rules of Land Warfare, is published for the infor- mation and guidance of all concerned.
[A. G. 062.11 (6-17-40).]
BYORDER OF THE SBCXETSYOF WAR :

6.C. MARSHALL, Ohiep of Btaff.
OFFICIAL:
E.S. ADAMS,
Major General,
The Adjutant General.

II

FOREWORD
Except as hereinafter noted, the official English text or trans- lation of every treaty provision obligatory upon the United States, bearing upon the conduct of the forces in the field, is quoted verbatim in the chapter to which it relates. The only exceptions
are-
1.
The Red Cross conventions of 1864 and 1906, which, although superseded by the Red Cross convention of 1929, chapter 5, as between parties to the latter, continue in force, respectively, as between the United States and such of the other parties to each of the former, as have not ratified or adhered to the latter ;

2.
The Hague Convention of 1899,relating to the laws and customs of war on land (first international peace conference), which, although superseded by Hague Convention No. IV of 1907 (second international peace conference), herein quoted, as between parties to the latter, continues in force as between the United States and such of the other parties to the former as have not yet ratified or adhered to the latter; and

3.
Chapter I1 of the annex to Hague Convention No. IV of October 18, 1907, relating to prisoners of war (excepting arts. 10, 11,and 12 relating to paroles ;pars. 148,154, 156), which, although in effect superseded by the Geneva convention of July 27, 1929, upon the same subject, chapter 4, as between parties to the latter, continues in force as between the United States and such of the other parties to the former as have not


I
ratified or adhered to the latter.
The essential provisions of each of the antecedent conventions mentioned in 1and 2 above, and of chapter I1 of the annex to Hague Convention No. IV (excepting the three articles above mentioned), have been substantially reincorporated within the
more recent and more comprehensive conventions on the same subject, so that observance of the latter practically includes observance of the former. For this reason, and in view of the
FOREWORD
general rule prescribed by paragraph 5, only the most recent convention on each of these subjects is quoted in this publi- cation, saving the three articles on paroles above mentioned.
Under the general rule last above mentioned, pertinent in- formation concerning ratifications, adherences, reservations, and denunciations (withdrawals) will be specially notified by higher authority to the commanders in the field, as occasions arise. thus rendering unnecessary the inclusion of such data in this text, and avoiding the frequent changes that such inclusion would entaiL
TABLE OF CONTENT8

Paragraphs Page
Abbreviations -----. ----VI

CHAPTER 1-7 1

1. Basic rules and principles .-..-...----....-------------
2. Qualilications of armed forces of belligerents ----.­----4
8-13

3. Hostilities:


SECTIONI. Commenccmeut of hostilities .-_-.------­--.-.-----
14-21

11. Conduct ofhostilities. -.--.-.--..--- - -----.-------22-69

--.----------..-------------------
OEAPTER4. Prisoners of WBI---70-172

6. Sick, wounded, and dead .-.-.--.--­..--­.--.--------173-201

6. Espionage and treason .---­..--------­-----------.---2432-214


7. Intercourse between belligercnts-. .-­..----.....-----
215-234

8. Military passports, safe-conducts, sabguards, and
mtels-.------.--..----------.-------------.--------
235-243

9. Capitulationsandmisti~~s~~~~~~~~~~~~~~~~~~~~~~~~~244-270

10.     Military occupation and government of enemy terri-

tory.-----­..-.-.-.---...------.....-.--------.....
211-344
11. Penalties for violations of the laws of war .--.--­--._.345-369


12. Neutrality-.-­..---------..--­---.-----.-------------360-403

Index---- - -_-----.

ABBREVIATIONS
G.p.W----Geneva convention of July 27, 1929, relative to the treatment of prisoners of war; Treaty Series No. 846; 47 Strat.* 233; Treaties, etc., between the U. S. , and other Powers, 1923-1937, Vol. BV, 5224. G.W.S----Geneva (Red Cross) convention of July 27, 1929, for the aanelioration of the condition of the wounded and sick of armies in the field; Treaty Series No. 847; 47 Stat.* 266; Treaties, etc., beOween the U.S. and other Powers, 1923-1937, Vol. IV, 5209.
H.1[II-----Fl[ague Convention No. 111 of October 18, 1907, re-lating to the opening of hostilities; Treaty Series No. 538; 36 Stat.* 2259; Malloy, Treaties, Vol. 11, 2259.
H.IV-----Hague Convention No. IV of October 18, 1907, re-specting the laws and customs of war on Isnd; Treaty Series No. 539; 36 Stat? 2277; MaUoy, Treaties, VoE. If, 2269.
H.8------Hague Convention No. V of October 18, 1907, re-specting the rights and duties of neutral powers and persons in case of war on land; Treaty Series No. 540; 36 Stat.* 2320; Mallog, Treaties, Vol. 11, 2290.
H.VIII---Hague Convention No. VIII of October 18, 1907, relative to the laying of automatic subn~arine contact mines; Treaty Series No. 541; 36 Stat.* 2332; Malloy, Treaties, VoL II, 2304.
H. IX-----Hague Convention No. IX of October 18, 1907, con-cerning bombardment by naval forces in time of war; Treaty Series No. 542; 36 Stat.* 2351; Malloy, Treaties, Vol. If, 2316
H.D.XIV-Hague Declaration No. XW of October 16, 1907, prohibiting the discharge of projectiles and explo- sives from balloons; Treaty Series No. 546; 36 Stat.* 2439; Malloy, Treaties, Vol. 11,2366. H.R------Annex to Hague Convention No. JT of October 18, 1907, embodying the regulations respecting the laws and customs of war on land adopted by that convention; Treatg Series No. 539; 36 Stat* 2295; Malloy, Treaties, Vol. 11,2281.
-
*United States Statutes at Large.
V;i
BASIC FIELD MANUAL
RULES OF LAND WARFARE

(The matter contained herein supersedes BN,Vol. VII, part tw'o, January 2, 1934).
CEAPTER 1
BASIC RULES AND PRINCIPLES

1.
General.-bong civilized nations the conduct of war is regulated by certain well-established rules known as the rules or laws of war. These rules cover and regulate warfare both on land and sea. Those which pertain particularly to war on land are called the rules of land warfare. It is the latter with which this manual is concerned.

2.
Written rules.-Many of the rules of war have been set forth in treaties or conventions to which thc United States and other nations are parties. These are commonly called the written rules or laws of war.

3.
Unwritten rules.-Some of the rules of war have never yet been incorporated in any treaty or convention to which the United States is signatory. These are commonly called the unwritten rules or laws of war, although they are well defined by recognized authorities on international law and well estab- lished by the custom and usage of civilized nations.

4.
Basic principles.-Among the so-called unwritten rules or laws -of war are three interdependent basic principles that underlie all of the other rules or laws of civilized warfare, both written and unwritten, and f~rm the general guide for conduct where no more specific rule applies, to wit :


a, The principle of military necessity, under which, subject to the principles of humanity and chivalry, a belligerent is justified in applying any amount and any kind of force to- compel the complete submission of the enemy. with the lea& possible expenditure of time, life, and money ;
RULES OF LANC WARFARE
ZI. The principle of hurnamitv, prohibiting employment of any such kind or degree of violence as is not actually necessary for the purpose of the war ;and
c. The ,principle 07 chivalrg, which denounces and forbids resort to dishonorable means, expedients, or conduct.
5. Force of rules.-+. The unwritten rules are binding upon all civilized nations. They will be strictly observed by our forces, subject only to such exceptions as shall have been di- rected by competent authority by way of legitimate reprisals for illegal conduct of the enemy. (See par. 358.)
b. Technically each of the written rules is binding only be- tween powers that have ratified or adhered to, and have not thereafter denounced (withdrawn from), the treaty or conven- tion by which the rule is prescribed, and is binding only to the extent permitted by the reservations, if any, tha.t have accom- panied such ratification or adherence on either side. However, the written rules herein quoted in bold-faced type are all pre-scribed by treaties or conventions each of which has been rati- fied without reservation, and not thus far denounced, by the United States and many other nations. They are in large part but formal and specific applications of general principles of the unwritten rules. While solemnly obligatory as between the signatory powers, they may be said also to represent the con- sensus of modern international public opinion as to how bellig- erents and neutrals should conduct themselves in the particulars indicated. As a general rule they will be strictly observed and enforced by United States forces in the field, as far as appli- cable there, without regard to whether they are legally binding upon all of the powers immediately concerned. It is the respon- sibility of higher authority, as occasions arise, to determine and to instruct the commander in the field, which, if any, of the written rules herein quoted are not legally binding as between the United States and each of the other powers immediately concerned, and which, if any, for that reason are not for the time being to be observed or enforced.
6. Military government and martial law distinguished.-Military government is that form of government which is established and maintained by a belligerent by force of arms over occupied territory of the enemy and over the inhabitants thereof. In this definition the term "territory of the enemy"
RULES OF LAND WBRFAR.E
6-7
includes not only the territory of an enemy nation, but also domestic territory recovered by military occupation from rebels treated as belligerents.
Martial law is the temporary government of the civil popula- tion through the military forces as necessity may require in domestic territory as distinguished from occupied territory of an enemy recognized as a belligerent.
So far as the United States forces are concerned, military government and martial law are exercised by the military com- mander under the direction of the President, as Commander in Chief of the Army aid Navy.
The most prominent distinction between military government and martial law is, that the former is exercised only in the ter- ritory of a hostile belligerent and is within the realm of interna- tional law, while the latter is invoked only in domestic territory whose local government and inhabitants are not treated or recognized as belligerents.
7. Military jurisdiction.-Military jurisdiction is of two kinds: First, that which is conferred and defined by statute; second, that which is derived from the common law of war. The character of the courts which have jurisdiction over mili- tary offenses depends upon the local laws of each particular country.
In the armies of the United States, military jurisdiction is exercised through the following military tribunals :
a.
Courts martial.

b.
Military commissions.

c.
Provost courts.


While general courts martial have concurrent jurisdiction with military commissions and provost courts to try any offender who by the law of war is subject to trial by military tribunals, it has generally been held that military commissions have no jurisdiction of such purely military offenses specified' in the Articles of War as those articles expressly make punishable by sentence of court martial (except where the military commis- sion is also given express statutory jurisdiction over the offense
(A W. 80, 81,82)). In practice, offenders who are not subject to the Articles of War, but who by the law of war are subject to trial by military tribunals, are tried by military commissions or provost courts.
IPULES OF LAND WBRFARF:
CHAPTER 2
QUALIFICATIONS OF ARMED FORCES OF
BELLIGERENTS

8. Genera1 division of enemy population.-The enemy popu- lation is divided in war into two general classes, known as the armed forces and the peaceful population. Both classes have distinct rights, duties, and disabilities, and no person can belong to both classes at one and the same time.
% Lawful belligerents.-+. Armies, militia, and aoZunteer corps.-The laws, rights, and duties of war apply not only to armies, but also to militia and volunteer corps fulfilling the following conditions :
1.
To be commanded by a person responsible for his subor- dinates;

2.
To have a fixed distinctive emblem recognizable at a dis-t ance ;

3.
To carry arms openly; and

4.
To conduct their operations in accordance with the laws and usages of war. In countries where militia or volunteer corps constitute the army, or form part of it, they are included under the denomination 'hrmy" (H.R., art. I).


6. Lede en masse.-The inhabitants of a territory which has not been occupied, who, on the approech of the enemy, spon- taneously take up arms to resist the invading troops without having had time to organize themselves in accordance with article 1, shall be regarded as belligerents if they carry arms openly and if they respect the laws and customs of war (H. R., art. 2).
c. Combatants and noncombatants.-The armed forces of the belligerent parties may consist of combatants and noncombat-ants. In the case of capture by the enemy, both haves right to be treated as prisoners of war (H.R, art. 3).
10.
Treatment as brigands, etc., forbidden.-No belligerent has the right to declare that he will treat every captured man in arms of a Zevde enmasse as a brigand or bandit.

11.
Deserters, etc., not to enjoy immunity.-Certain classes of those forming part of a levee en, mmse cannot claim the priv- ileges accorded in paragraph 9b, hng these are deserters


RULES OF LAND WARFARE
11-16

from, or subjects of, the invading belligerent, and persons who are known to have violated the laws and customs of war.
32. Uprisings in occupied territory.-If the people of a coun- try, or any portion thereof, already occupied by an army, rise against it, they are violators of the laws of war, and are not entitled to their protection.
13. Determination of status of captured troops.-The deter-mination of the status of captured troops is to be left to higher military authority or to military tribunals. Summary execu- tions are no longer contemplated under the laws of mar. The officer's duty is to hold the persons of those captured and leave the question of their being regulars, irregulars, deserters, etc., to the determination of competent authority.
CHAPTER 3
HOSTILITIES Paragrapha S~CTION 14--21
I. Commencement of hostilities ----------------------
11. Conduct of hostilities ............................ 22-69

COMMENCEMENT OF HOSTILITIES
14.
Declaration of war required.-The contracting powers recognize that hostilities between themselves must not corn-, mence without presious and explicit warning, in the form either of a reasoned declaration of war or of an ultimatum with conditional declaration of war (H. III,art. I).

15.
Surprise still possible.-Nothing in the foregoing rule requires that any particular length of time shall elapse between declaration of war and the commencement of hostilities. It is still possible, therefore, to make a sudden and unexpected declaration of war and thus surprise an unprepared enemy.

16.
Notification to neutrals.-The existence of a state of war must be notified to the neutral powers without delay, and shall not take effect in regard to them until after the receipt of . a notification, which may, however, be given by telegraph Neutral powers, nevertheless, cannot rely on the absence of notification if it is clearly established that they were in fact aware of the existence of a state of war (H. IZi, art. 2).


17-21 RULES OF LAND WARFARE
17.
When articles effective between parties.-Article 1 (see par. 14) of the present convention shall take effect in case of war between two or more of the contracting powers. Article 2 (see par. 16) is binding as between a belligerent power which is a party to the convention and neutral powers which are also parties to the convention (H. ZII,art. 3).

18.
Legal and commercial importance of above articles.- This convention (H. 111) is important from both the legal and commercial points of view since it requires belligerents themselves publicly to announce a definite date for the com- mencement of hostilities, from which date they become entitled to exercise the rights of belligerency, are themselves required to respect the rights of neutrals, and may exact from neutrals compliance with the obligations of neutrality.

19.
Status of civilian population.-It is now universally recognized that hostilities are restricted to the armed forces of belligerents. Inhabitants who refrain from acts of hostility and pursue their ordinary vocations must be distinguished from the armed forces of the belligerent; must be treated leniently; must not be injured in their lives or liberty, except for cause and after due trial; and must not, as a rule, be deprived of their private property.

20.
Detention and internment.-Enemy subjects located or resident in our territory are not made prisoners en rnasse on the breaking out of hostilities. Persons known to be active or reserve officers, or reservists, of the hostile army, as well as per- sons suspected of communicating with the enemy, will be detained and, if deemed advisable, interned on the ground of self-preservation in the exercise of the right of control.

21.
Expulsion.-In modern practice the expulsion of the citizens or subjects of the enemy is generally decreed from sea- ports, fortresses, defended areas, and the actual or contemplated theaters of operation. The practice as to expulsion from other territory is not uniform, expulsion being resorted to usually for grave reasons of state only. When decreed, the persons expelled should be given such reasonable notice, consistent with public safety, as will enable them to arrange for the collection, dis-posal, and removal of their goods and property.


RULES OF LAND WARFARE
CONDUCT OF HOSTILITIES
MILITARY NECESSITY
22.
Object of war.-The object of war is to bring about the complete submission of the enemy as soon as possible by means of regulated violence.

23.
Military necessity.-Military necessity justifies a resort to all the measures which are indispensable for securing this object and which are not forbidden by the modern laws and customs of war.

24.
Measures justified by military necessity.-Military neces-sity admits of-


a.
All direct destruction of life or limb of armed enemies, and of other persons whose destruction is incidentally unavoidable in the Brmed contests of war.

b.
The capturing of every armed enemy, and of every enemy of importance to the hostile government, or of peculiar danger to the captor.

c.
The destruction of property, if demanded by the necessities of war ;the obstruction of ways and channels of traffic, travel, or communication ; and the withholding of sustenance or means of


&/Life from the enemy.
d.
The appropriation of whatever the enemy's country affords that is necessary for the subsistence and safety of the army.

e.
Such deception as does not involve the breaking of g 6


od faith, either positively pledged, regarding agreements entered into during the war, or supposed by the modern law of war to exist.
25. Measures not justified by military necessity.-Military necessity does not admit of cruelty-that is, the infliction of suffering merely for spite or revenge ;nor of maiming or wound- ing except in combat; nor of torture to extort confessions. It does not admit of the use of poison in any way, nor of the wanton devastation of a district. It admits of deception, but disclaims acts of perfidy. The practice of recent years has been to regard the prohibition against the use of poison as not appli- cable to the use of toxic gases. (See par. 29.)
26-29 RULES OF LAND WARFARE
PROHIBITIONS AND LIMITATIONB
26. Means of injuring the -enemy limited.-The right of belligerents to adopt means of injuring the enemy is not unlim-ited (H.P.R.? art. 22).
The means employed are definitely restricted by international declarations and conventions and by the laws and usages of war.
27. Discharging explosives from balloons.-The contracting powers agree to prohibit, for a period extending to the close of .the third peace conference, the discharge of projectiles and explosives from balloons or by other new methods of a similar nature (11. 63. XZV, Z907).
This rule may be said to be of comparatively slight value because it has been ratified by only two of the great powers, namely, the United States and Great Britain, and because its principal object is substantially accomplisl~ed by I1.R. article 25 (see par. 45),prohibiting bombardment of undefended places. It is not regarded as imposing any restriction upon the use of modern military aircraft against armed forces or defended places.
28. Poison.-In additioal, to the prohibitions provided by special conventions, it is especially'forbidden * * * to em-ploy poison or poisoned weapons (H.R., art. 23, par. (a)).
Application of rule.-This prohibition extends tb the use of means calculated to spread contagious diseases ;but does not pro- hibit measures being taken to dry up springs, to divert rivers and aqueducts from their courses, or to contaminate sources of water by placing dead animals therein or otherwise, provided such contamination is evident or the enemy is informed thereof. Con-cerning trezty provisions in regard to the use of toxic chemicals see paragraph 29.
29. Gases and chemicals.--The United States is not a party to any treaty, now in force, that prohibits or restricts the use in warfare of toxi'c or nontoxic gases, or of smoke or incendiary materials, etc. A treaty signed at Washington, February 6, 1922, on behalf of the United States, the British Empire, France, Italy, and Japan (Malloy, Treaties, POI. 111,p. 3116),contains a provision (art. V) prohibiting "The use in war of asphyxiating, poisonous or other gases, and all analogous liquias, niaterials. or devices," bnt that treaty was expressly conditioned to become
RULES OF LAND WARFARF,
29-34
effective only upon ratification by all of the signatory powers, and, although heretofore ratxed by all of the signatories except Prance, having never been ratified by the latter, has never become effective. The protocol "for the prohibition of the use in war of asphyxiating, poisonous, or other gases, and of bac- teriological methods of warfare," signed at Geneva June 17, 1925, on behalf of the United States and many other powers
(League of Nations Official Journal, Bug. 1925, p. 1159), al- though ratified or adhered to by, and now effective as between, a considerable number of the signatories, has never thus far been ratilied by, and is not in force as to, the United States, Japan, and some other powers.
30.
TreachesysIt is especially forbidden * * * to kill or wound treacherously individuals belonging to the hostile nation or army (HA.,art. 23, par. (b)).

31.
Assassination and outlawry.-!Ehe above article is con- strued as prohibiting assassination, proscription, or outlawry of an enemy, or putting a price upon an enemy's head, as well as offering a reward for an enemy "dead or alive." Offenders have no claim to be treated as combatants, but should be tried as criminals.

32.
Injury forbidden after surrender.-It is especially for- bidden * * * to kill or wound an enemy who, having laid down his arms, or having no longer means of defense, has sur- rendered at discretion (H. R., art. 23, pcrr. (c)).

33.
Refusal of quarter.-It is especially forbidden * * * to declare that no quarter will be given (If.R, art.23, par. (ti)).

34.
Employment of arms, etc., causing unnecessary injury.- It is especially forbidden * * * to employ arms, projec- tiles, or material calculated to cause unnecessary injury (H. R., art. 23, par. (e)).


The foregoing prohibition is not intended to apply to tho use of explosives contained in artillery projectiles, mines, aerial tor- pedoes, or hand grenades, but it does apply to the use of lances with barbed heads, irregular-shaped bullets, and projectiles filled with glass, to the use of any substance on bullets that would tend unnecessarily to inflame a wound inflicted by them, and to the scoring of the surface or filing off the ends of the hard cases of bullets.
35-30
RULES OF LAND WARFARE
35.
Train wrecking, etc.-Train wrecking and burning of camps or military depots are legitimate means of injuring the enemy when carried out by the members of the armed forces. Wrecking of trains should be limited strictly to cases which tend directly to weaken the enemy's military forces.

36.
Subjects not to be compelled to take part in operations against their own country.-A belligerent is likewise forbidden to compel the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war (H. R., art. 23, last par.).

With respect to the impressment of guides see paragraph 308.

37.
Stratagems permissible.-Ruses of war and the employ- ment of measures necessary for obtaining information about the enemy and the country are considered permissible (8.R.,


art. 24).
38.
Good faith.-Absolute good faith with the enemy must be observed as a rule of conduct; but this does not prevent measures such as using spies, or inducing the enemy's soldiers to desert, surrender, or rebel. In general, a belligerent may resort to those measures for mystifying or misleading the enemy against which the enemy ought to take measures to protect himself. (Seepars. 39, 40, 41.)

39.
Treachery or perfidy.-The ruses of war are legitimate so long as they do not involve treachery or perfidy on the part of the belligerent resorting to them. They are, however, for- bidden if they contravene any generally accepted rule.


The line of demarcation between legitimate ruses and forbid- den acts of treachery and perfidy is sometimes rather indistinct, but the following examples will indicate the correct principles. It would be an improper practice to secure an advantage of the enemy by deliberate lying which involves a breach of faith, or when there is a moral obligation to speak the truth, such as declaring that an armistice had been agreed upon when such is not the case. On the other hand, it is a perfectly proper ruse to summon a force to surrender on the ground that it is surrounded and thereby induce such surrender with a small force.
RULES OF LAND WARFARE &&44
40.
Legitimate ruses.-among legitimate ruses may be counted surprises, ambushes, feigning attacks, retreats, or flights, simulating quiet and. inactivity, giving large outposts or a strong advance guard to a small force, constructing works, bridges, etc., which it is not intended to use, transmitting false OP misleading signals and telegraph messages, and sending false dispatches and newspapers, with a view to their being inter- cepted by the enemy, lighting campfies where there are no troops, making use of the enemy's signals, bugle and trumpet calls, watch words, and words of command, pretending to com- municate with troops or reinforcements which have no exist- ence, moving landmarks, putting up dummy guns or laying dummy mines, removing badges from uniforms, clothing the men of a single unit in the uniform of several different units so that prisoners and dead may give the idea of a large force.

41.
Misuse of flags, insignia, military uniforms of enemy.- It is especially forbidden * * * to make improper use of a flag of truce, of the national flag, or of the military insignia and uniform of the enemy, as well as of the distinctive badges of the Geneva convention (H. R., art. 43, par. (f)).

42.
Flags of truce.-Flags of truce must not be used surrep- titiously to obtain military information or merely to obtain time to effect a retreat or secure reinforcements or to feign a sur-render in order to surprise an enemy. An officer receiving them is not on this account absolved from the duty of exercising proper precautions with regard to them.

43.
National flags, insignia, and uniforms as a ruse.-In practice it has been authorized to make use of these as a ruse. The foregoing rule (par. 41) does not prohibit such use, but does prohibit their improper use. It is certainly forbidden to make use of them during a combat. Before opening fire upon the enemy they must be discarded.

44.
Improper use of distinctive emblem of Geneva conven- tion.-The use of the emblem of the Red Cross must be limited to the protection and designation of sanitary formations and establishments and the personnel and rnatSrieZ which the Geneva convention provides shall be respected. As examples of the improper use of the emblem may be cited the following: Using a hospital or other building accorded such protection as an observatory or military office or store ;firing from a build-


44-50
RULES OF LAND WARFARE
ing or tent displaying the emblem of the Red Cross; using a hospital train to facilitate the escape of combatants; displaying the emblem on wagons containing ammunition or nonmedical
-
stores; and in general, using it for cloalcing acts of hostility. (See pars. 196, 198.).
BOXBARDMENTR, ASSAULTS, AND BIEGEB
45. Bombardment of undefended places forbidden.-The attack or bombardment, by whatever means, of towns, villages. dwellings, or buildings which are undefended is prohibited
(H. R., art. 25).
46.
Use of ba1loons.-The addition of the words "by what-ever means" was for the purpose of making it clear that the bombarament of these undefended localities from balloons or nirplnnes is prohibitecl.

47.
Defended place defined.-Investment, bombardment, assault, and siege have always been recognized as legitimate means of warfare, but under the foregoing rule (par. 45) their use is limited to defended places which certainly will include the following :


a.
A fort or fortified place.

b.
A town surrouncled by detached forts, which is considered jointly with such forts as an indi~~isible


whole.
G. A place that is occupied by a combatant military force or through which such a force is passing The occupation of such a place by sanitary trcops alone is not suacient to make it a defended place.
48.
Throwing projectiles from aircraft on combatants and defended places.-There is no prohibition of general applica- tion among the great powers against the discharge of author- ized projectiles from aircraft against combatant troops or defended places. (See H. D. XIV (par. 27).)

49.
Notice of bombardment.-The officer in command of an attacking force must, before commencing a bombardment, except in cases of assault, do all in his glower to warn the authorities (H. Be., art 26).


This rule is understood to refer only to bombardments of places where parts of the civil population remain.
50. American rule.-It is no infraction of the unwritten law of war to omit thus to inform the enemy. Nevertheless, even
when belligerents are not subject to the above treaty, the comL manders of American forces, when admissible, will inform the enemy of their intention to bombard a place, so that the noncombatants, especially the women and children, may be removed before the bombardment commences.
I
51. Permitting population to leave besieged plac&-mere is no rule of law which compels the commander of an investing force to permit the population, including women, children, aged, sick, wounded, subjects of neutral powers, or temporary resi-
dents, to leave the besieged locality, even when a bombardment is about to commence. It is entirely within the discretion of the besieging commander whether he will permit them to leave and under what conditions.
52.
Diplomatic agents of neutrals.-Diplomatic agents of a neutral power should not be prevented from leaving a besieged place before hostilities commence. This privilege cannot be claimed while hostilities are in progress. The same privileges should properly be accorded to a consular officer of a neutral power. Should they voluntarily decide to rem8ain, they must undergo the same treatment as other inhabitants.

53.
Persons in zone between troops.-Persons dwelling in the zone between the opposing forces in the first stages of siege are treated as inhabitants of the invaded locality.

54.
Individuals leaving without permission.-Individuals who attempt to leave or enter a besieged place without obtaining the necessary permission are liable to be fired on and may be seat back into the besieged place or detained and put on trial.

55.
Expelled persons forced to return.-When a commander of a besieged place expels the noncombatants, in order to lessen the number of those who consume his stock of provisions, it is lawful, though an extreme measure, to drive them back, so as to hasten the surrender.

56.
Population expelled under fire.-It is not necessary to cease or relax fire because the enemy sends women and children Out of his lines in order to get them to a place of safety, but fire must not be intentionally opened in their direction.

57.
Communication wit11 besieged place.-The commander of the investing force has the absolute right to forbid all comL munication between the besieged place and the outside. The application of this rule to diplomatic envoys of neutral powers b unsettled.


13
58-62
RULES OF LAND WARFARE
58.
Buildings dedicated to religious works, etc., to be spared.-In sieges and bombardments all necessary steps must be taken to spare, as far as possible, buildings dedicated to religion, art, science, or charitable purposes, historic monu- ments, hospitals, and places where the sick and wounded are collected, provided that they are not being used at the time for military purposes.

It is the duty of the besieged to indicate the presence of such buildings or places by distinctive and visible signs, which shall be notified to the enemy beforehand (H.R., art. 27).

59.
Above buildings, etc., to display sign specified in naval treaty.-It is the duty of the inhabitants to indicate such mon- uments, edifices, or places by visible signs, which shall consist of large stiff rectangular panels divided diagonally into two colored triangular portions, the upper portion black, the lower portion white (H. IX, art. 5, par. 2,1907).


The foregoing rule adopted in this convention for naval war- fare should be adopted for protecting buildings under bombard- ment in land warfare.
60.
Forfeiture of inviolability.-The besieging forces are not required to observe the signs indicating inviolability of build- ings that are known to be used for military purposes, such as quarters for officers and men, observatories, or signaling stations.

61.
Pillage forbidden.-The pillage of a town or place, even when taken by assault, is prohibited (H. R., art. 28).


AUTOMATIC SUBMARINE CONTACT MINES
62. Kinds of mines.-There are three general cIasses of mines :
a.
Observation mines which are anchored along the coast and connected therewith by wires by which they can be exploded electrically.

b.
Unanchored automatic contact mines which explode by contact.

c.
Allchored automatic contact mines which are attached to heavy weights, and which can be placed at any required depth below the surface ; these mines are exploded automatically by contact with heavy bodies such as ships.


RULES OF LAND WARFARE
62-68
These rules do not deal with the first class of mines, since they are innocuous to peaceful shipping.
63.
Unanchored automatic contact mines.-It is forbidden to lay unanchored automatic contact mines, except where they are so constructed as to become harmless one hour at most after the person who laid them ceases to control them (H. VIII, art. I, par. I).

64.
Commercidl navigation-It is forbidden to lay automatic contact mines off the coast and ports of the enemy, with the sole object of intercepting commercial shipping (H. VIII, art. 2).

It is not probable that a belligerent .resorting to the use of these contact mines off the coast and ports of his enemy will hesitate to disavow the intention of intercepting commercial navigation. In its present form this rule permits the use of such mines so as to cause great risks to neutral navigation.

65.
Anchored automatic contact mines.-It is forbidden to lay anchored automatic contact mines which do not become harmless as soon as they have broken loose from their moor- ings (H. VIII, art. I, par. 2).

66.
Precautions to be taken.-When anchored automatic contact mines are employed, every possible precaution must be taken for the security of peaceful shipping.


The belligerents undertake to do their utmost to render these mines harmless within a limited time and, should they cease to be under surveillance, to notify the danger zones as soon as military exigencies permit, by a notice addressed to shipowners which must also be communicated to the governments through the diplomatic channel (H. VIII, art. 3).
67.
Mines of neutral powers.-Neutral powers which lay automatic contact mines off their coasts must observe the same rules and take the same precautions as are imposed on bellig- erents.

The neutral powers must inform shipowners, by a notice issued in advance, where automatic contact mines have been laid. This notice must be communicated at once to the gov- ernments through the diplomatic channel (A?. VIII, art. 4).

68.
Mines to be removed at close of war.-At the close of the war the contracting powers undertake to do their utmost to remove the mines which they had laid, each power removing its own mines.


15

68-72
RULES OF LAND WARFARE
As regards anchored automatic contact mines laid by one of the belligerents oE the coast of the other, their position must be notified to the other party by the powers which laid them, and each power must proceed with the least possible delay to remove the mines in its own waters (H. VVPII, art. 5).
69. Torpedoes.-It is forbidden to use torpedoes which do not become harmless when they have missed their mark (H. VIII, art. 1, par. 3).
CHAPTER 4
PRISONERS (3FWAR
70.
Definition.-Except as otherwise hereinafter indicated, every person captured or interned by a belIigerent power be- cause of the war is, duri~g the period of such captivity or internment, a prisoner of war, and is entitled to 52 i'eeogilized and treated as such under the laws of mar.

71.
Geneva convention of 1929-relation to Hague Regula- tions.-In the relations between powers bound by the Hague conventions respecting the 1an.s and customs of war on land, whether it is a qaestion of that of July 29, 1899, or that of October 18,1907, and who participate in the present convention, this latter shall complete chapter I1 (Prisoners of War) of the Regulations anilexed to the said Haye conventiorls (G. P. W., art. 89).

However, as indicated in the foreword, page 111, the only parts of chapter I1 of the Hague Regulations, not in effect superseded by substantial reincorporation in the present Geneva convention, are comprised in I-I. R. 10,11,and 12, dealing with paroles and hereinafter quoted (pars. 148, 154, 155).

72.
Application of the convention.-The present collvention shall apply, without prejudice, to the stipulations of title VII (see par. 76b) :


(1)
To all persons contemplated in articles 1,2, and 3 of the Regulations annexed to the Hague convention of October 18, 1907, respecting the laws and customs of war on Band, and captured by the enemy. (See par. 9a, b, c.)

(2)
To all persons belonging to the armed forces of the bel- ligerent parties, captured by the enemy in the course of military operations at sea or in the air, except for such derogations as


RULES OF LAND WAF33AFtE 72-76 ,
might be rendered inevitable by the conditions of capture. However, such derogations shall not infringe the fundamental principles of the present convention; they shall cease when the persons captured have entered a prisoners of war camp
(G.P. Wo,art. 1).
73. In power of enemy power; treated with- humanity; re-prisals prohibited.-Prisoners of war are in the power of the enemy power, but not of the individuals or bodies of troops who capture them.
They must at a11 times be treated with humanity and pro- tected, particularly against acts of violence, insults, and public curiosity.
Measures of reprisal against them are prohibited (G.P. W., art. 2).
74. Persons and honor to be respected; retain civil status.- Prisoners of war have the right to have their persons and their honor respected. Women shall be treated with all the regard due to their sex. Prisoners retain their full civil status
(G.F. W., art. 3).
75. Maintained by captor; discriminations.-me power de- taining prisoners of war is bound to provide for their main- tenance.
Discriminations in treatment between prisoners are lawful only when they are based on the military rank, state of physical or mental health, professional qualifications, or th.e sex of those who profit by such discriminations (G. P. W., art. 4).
76. Whomay become prisoners of war.-+.. Thearmed forces.-The armed forces of the belligerent parties may consist of combatants and noncombatants. In the case of capture by the enemy, both have a right to be treated as prisoners of war
(H.R., art:%).
b. I~zdividzcalsw7to follow tke Army.-Individuals who follow armed forces without directly belonging thereto, such as corre- spondents, newspaper reporters, sutlers, contractors, who fall into the enemy's hands and whom the latter thinks expedient to detain, shall be entitled to be treated as prisoners of war, provided they are in possession of a certificate from the military authorities of the armed forces which they were ac-companying (G.P. W., title VII, art. dl).
76-78 RULES OF LAND WARFA-
o.
Wounded cc~dsick.-Subject to the care that must be taken of them under the preceding article (art. 1,G. W.S., par. 175); the wounded and sick of an army who fall into the power of the other belligerent shall be prisoners of war, and the gen- eral rules of international law in respect to prisoners shall be applicable to them (G. W. S., art. 2).

d.
LevSe en masse.-The citizens who rise en masse to defend their territory or district from invasion by the enemy, if cap-tured, are entitled to be treated as prisoners of war.

e.
High civil functionaries.-High civil functionaries such as the sovereign and members of the royal family, the president or head of a republican state, and the ministers who direct the policy of a state are liable to be made prisoners of war whether accompanying an army or not.

f.
CizjiZ officials and diplomatio agents.-Civil officials and diplomatic agents attached to the army may be made prisoners of war.

g.
Inhabitants.-Persons whose services are of particular use to the hostile army or its government, such as the higher civil officials, diplomatic agents, couriers, guides, etc., also all persons who may be harmful to the opposing state while at liberty, such as prominent and influential political leaders, journalists, local authorities, clergymen, and teachers, in case they incite the people to resistance, may be made prisoners of war.

h.
Hostages.-When a hostage is accepted he is treated as a prisoner of war.


77.
Military attaches and agents of neutrals.-Military at-tach& and diplomatic agents of neutral powers, accompanying an army in the field or found within a captured fortress, are not ordinarily held as prisoners, provided they have proper papers of identification in their possession and take no part in the hostilities. They may, however, be ordered out of the theater of war, and, if necessary, handed over by the captor to the ministers of their respective countries.

78.
Must give name and rank; coercion to obtain military information prohibited-Every prisoner of war is bound to give, if he is questioned on the subject, his true names and rank, or else his serial number.


In case he ,infringes this rule, he shall be liable to restriction of the privileges accorded to prisoners of his category.
RUJXS OF LAND WARFARE
78-81

No coercion may be used on prisoners to obtain information relative to the state of their army or country. Prisoners who refuse to answer may not be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind what- ever.
If, because of his physical or mental condition, a prisoner is unable to identify himself, he shall be turned over to the medical authorities (G. P. W., art 5).
79. Effects that may be retained by prisoners.-All effects and objects of personal use--except arms, horses, military equipment and military papers--shall remain in the possession of prisoners of war, as well as metal helmets and gas masks.
Sums in the possession of prisoners may not be taken away from them except by order of an officer and after the amount is determined. A receipt shall be given. Sums thus taken away shall be credited to the account of each prisoner.
Identification tags and cards, insignia of rank, decorations, and objects of value may not be taken from prisoners (G. P. W., art. 6).
80. Evacuation.-Prisoners of war shall be evacuated within the shortest possible period after their capture to depots lo- cated in a region far enough from the zone of combat for them to be out of danger.
Only prisoners who, because of wounds or sickness, would run greater risks by being evacuated than by remaining where they are may be temporarily kept in a dangerous zone.
Prisoners shall not be needlessly exposed to danger while awaiting their evacuation from a combat zone.
Evacuation of prisoners, on foot, may normally be effected only by stages of 20 kilometers a day, unless the necessity of reaching water and food depots requires longer stages
(G. P. W., art. 7).
81. Notification of capture of prisoners; correspondence with family.-Belligerents are bound to notify each other re- ciprocally as soon as possible, through the intermediary of the information bureaus as organized under article 77 (see par. 163) of every capture of prisoners. They are Iikewise bound to inform each other of the official addresses to which the cor- respondence from the families to prisoners of war may be sent.
81-84 RULES OF LAND WARFARE
As soon as possible, every prisoner must be enabled to cor- respond with his family himself, under the conditions provided in article 36 (see par. 109) and following.
As regards prisoners captured at sea, the provisions of the present article shall be observed as soon as possible after arrival at port (G. P. W., art. 8).
82. Internment.-Prisoners of war may be interned in a town, fortress, or other place, and bound not to go beyond certain fixed limits. mey may also be interned in enclosed amps; they may not be confined or locked up except as an indispensable measure of safety or sanitation, slid only while the circumstances which necessitate this measure continue to exist.
Prisoners, captured in unhealthful regions or where the cli- mate is injn~rious for persons coming from temperate regions, shall be transported, as soon as possible, to a more favorable climate.
Belligerents shall, so far as possible, avoid assembling in a single camp prisoners of different races or nationalities.
No prisoner may, at any time, be sent back into a region where he might be exposed to the fire of a combat zone nor used to give protection from bombardment to certain points or certain regions by his presence (G. F. W., art. 9).
83. Installation of camps.-Prisoners sf war shall be lodged in buildings or in barracks affording all possible safeguards as to hygiene and healthfulness.
The quarters must be fully protected from dampness, suffi- ciently heated and lighted. A11 precautions must be taken against danger of fire.
As to the dormitories, the total area and minimum air space of dormitories, accommodatioas and bedding therein, shall be the same as those provided for the troops at base camps of the detaining power (G.P. W., art. 10).
84. Rations; eollecthe disciplinary measures affecting.-The food ration of prisoners of war shall be equal in quantity and quality to that of troops at base camps.
Furthermore, prisoners shall receive facilities for preparing, themselves, additional food which they may have.
20

RULES OF LAND WARFARE 84-87'
A sufficiency of potable water shall be furnished them. The use of tobacco shall be permitted. Prisoners may be employed in the kitchens.
All collective disciplinary measures affecting the food are prohibited (G. P. W., art. 11).
85. Clothing; canteens.-Outer clothing, underwear, and foot- wear shall he furnished prisoners of war by .the detaining power. Replacement and repair of these articles must be assured regularly. In addition, workers must receive work clothes wherever the nature of the work requires it.
Canteens shall be installed in all camps where prisoners may obtain, at the local market price, food products and ordinary articles.
Profits obtained by the management of the camps from the operation of .the canteens shall be used for the benefit of the prisoners (G. P. W., art. 12).
86. Hygiene.-Belligerents shall be bound to take all sani- tary measures necessary to assure the cleanliness and health- fulness of camps and to prevent epidemics.
Prisoners of war shall have at their disposal, day and night, installations conforming to sanitary rules and constantly main- tained in a state of cleanliness.
Furthermore, in addition to baths and showers with which the camps shall be as well provided as possible, prisoners shall be furnished a sufficient quantity of water to permit of their bodily cleanliness.
They must be enabled to take physical exercises and enjoy the open air (G. P. W.,art. 13).
87. Infirmaries.-Every camp ehall have an infirmary, where prisoners of war shall receive every kind pf attention they need. If necessary, isolation quarters shall be reserved for the sick affected with contagious diseases.
Expenses of treatment, including therein those of temporary prosthetic equipment, shall be borne by the detaining power.
Upon request, belligerents shall be bound to deliver to every prisoner treated an offic~ai statement showing the nature and duration of his illness as well as the attention received.
It shall be permissible for belligerents reciprocally to author- ize, by means of special arrangements, the retention in the
87-93 RULES OF LAND WARFARE
camps of physicians and hospital attendants to care for prison- ers of their own country.
Prisoners affected with a serious illness or whose condition necessitates a major surgical operation must be admitted, at the expense of the detaining power, to any military or civil medical establishment qualified to treat them (G. P. W., art 14).
88.
Medical inspections.-Medical inspections of prisoners of war shail be 11,eld at least once a month. Their purpose shall be to determine the general state of health and cleanliness, and ,to detect contagious diseases, particularly tuberculosis and venereal diseases (G. P. W., art. 15).

89.
Religious freedom.-Prisoners of war shall enjoy com-plete liberty in the exercise of their religion, including attend- ance at the services of whatever religion they may belong to, on the sole condition that they comply with the measures of order and police issued by the military authorities.


Ministers of a religion, prisoners of war, whatever their re- ligious denomination, shall be allowed to minister fully to their coreligionists (G. P. W., art. 16).
90.
Recreation.-Belligerents shall encourage as much as possible intellectual recreations and sports organized by prisoners of war (G. P. W., art 17).

91.
Camps to be commanded by officers; salutes.-Every prisoner of war camp shall be placed under the command of a responsible officer.


Besides the external marks of respect provided by the regula- tions in force in their armies with regard to their nationals, prisoners of war must salute all officers of the detaining power.
Officers who are prisoners of war are bound to salute only officers of a higher or equal rank of the detaining power
(G.P. W., art. 18).
92.
Insignia and decorations.-The wearing of insignia of rank and of decorations shall be authorized (6. P. W., art. 19).

93.
Regulations, orders, etc., to be communicated to prison- ers.-Regulations, orders, notices, and proclamations of every kind must be communicated to prisoners of war in a language which they understand. The same principle shall be applied in interrogations (6.P. W., art. 20).


RULES OF LAND WARFARE 94-97
94. Officers and persons of assimilated status (~ssimills); belligerents to notify each other of titles and rank; rank and age to be respected.-Upon the beginning of hostilities, betlig- erents shall be bound to communicate to each other recipro- cally the titles and ranks in use in their respective armies, with a view to assuring equality of treatment between oficers and assirnil6s of equivalent rank.
Officers and assirnil& who are prisoners of war shall be treated wit11 the regard due their rank and age (G. P. W.,
art. 21).
95.
Officers' camps; food and clothing--In order to assure service in officers' camps, soldiers of the same army who are prisoners of war and, as far as possible, who speak the same language shall be assigned thereto, in sufficient numbers, con- sidering the rank of the oficers and assirnil6s.

The latter shall procure their food and clothing from the pay which they shall receive from the detaining power. The management of the mess by the officers themselves should be facilitated in every way (6.P. W., art. 22).

96.
Pay of officers and assirnil&; rate of exchange; reim-bursement.-Subject to special arrangements between the belligerent powers, and particularly those provided in article 24


(see par. 97),officers and assirnil s who are prisoners of war shall receive from the detaining power the same pay as officers of corresponding rank in the armies of that power, on the con- dition, however, that such pay does not exceed that to which they are entitled in the armies of the country which they have served. They shall receive such pay in full, once a month if Possible, without any deduction being made for expenses chargeable to the detaining power, even if these expenses were made in favor of the said prisoners.
An agreement between the belligerents shall fix the rate of exchange applicable to such payment; in the absence of such an agreement, the rate adopted shall be that in force at the open- ing of hostilities.
All disbursements made to prisoners of war as pay must be reimbursed, at the end of hostilities, by the power which they have served (6. P. 1% art. 23).
97. Maximum amount of money retained; balance credited or deposited in bank.-Upon the outbreak of hostilities, the
97-100 RULES OF LAND WARFARE
belligerents shall, by common agreement, fix the maximum amount of ready money which prisoners of war of various ranks and categories s!iall he a!iowed to keep in their posses- sion. Any surplus takeo or withheld from a prisoner as well as any sum deposited by him shall be credited to his account, and may not be converted into another currency without his consent.
The balance credited to their accounts shall be paid to prisoners of war at the end of their captivity.
During their imprisonment, facilities shall be granted them for the transfer of these amounts, in whole or in part, to banks or private persons in their country of origin (6;P. W., art. 24).
98.
Transfer; sick and wounded.-Unless the conduct of military operations so requires, sick and wounded prisoners of war shall not be transferred as long as their recovery might be endangered by the journey (G. P. W., art. 25).

99.
Transfer; notification of destination;retention of effects; accounts; expenses.-In case of transfer, prisoners of war shall be offcially notified of their new destination in advance; they shall be allowed to take with them their personal effects, their correspondence, and packages which have arrived addressed to them.


All due measures shall he taken that correspondence and paclrages addressed to their former camp may be forwarded to them withont delay.
Sums degasited to the account of transferred prisoners shall be transmitted to the competent authority of the place to which they have been transferred.
The expenses occasioned by the transfer shall be charged to tile detaining power (G.F. W., art. 26).
100. Work authorized; exceptions; accidental injuries.-$el- ligerents may en~ploy as workers, according to their rank and aptitude, all able-bodied prisoners of war with the exception of oEcers and assimiE6s.
However, if ogficers and assimiE&sreqcest suitable work, it shall be secured for them so Ear as is possible.
Noncommissioned officers who are prisoners of war shall only be required to do supervisory work, unless they expressly re-quest. a remunerative accupation.
RULES OF LANDWARFARE IOQ-105
Belligerents shall be bound, during the whole period of cap- tivity, to allow to prisoners of war who are victims of accidents in connection with their work the enjoyment of the benefit of the provisions applicable to workers of the same category according to the legislation of the detaining power. With re- gard to prisoners of war to whom these legal provisions might not be applied by reason of the !egislation of that power, the latter undertakes to recommend to its legislative body all proper measures equitably to indemnify the victims (G.P. W.,
art 27).
101.
Maintenance while working for private persons.-The detaining power shall assume entire responsibility for the maintenance, care, treatment, and payment of wages of prison- ers of war working for private individuals (G. P. W., art. 28).

102.
Work for prisoner physically unfit prohibited.-No prisoner of war may be employed at work for which he is physically unfit (G. P. W., art. 29).

103.
Length of day's workh'l?re length of the day's work of prisoners of war, including therein the trip going and re- turning, shall not be excessive and must not, in any case, exceed that allowcd for the civil workers in the region em-ployed at the same gvork. Every prisoner shall be allowed a rest sf 24 censecutive hours every week, preferably on Sunday


(G.P. W., art. 30).
104. Work related to war operations prohibited; protests for violations.-Work done by prisoners of war shall have no direct relation with war operations. It is forbidden in par-ticular to employ prisoners for manufacturing and transport- ing arms or munitions of any kind, or for transporting inateriel intended for combatant units.
In case of violation of the provisions of the preceding para- graph, prisoners, after executing or beghning to execute the order, shall be free to have their protests presented through the agents whose functions are set forth in articles 43 and 44
(see pars. 116,117),or, in the absence of ail agent, through the intermediary of representatives of the protecting power
(G.P. W., art. 31).
105. Unhealthful or dangerous work; aggravation of working conditions as disciplinary measure forbidden.-It is forbidden to use prisoners of war on unhealthful or dangerous work.
ko5-108 RlJLES OF LAND WARFARE
Any aggravation of the working conditions as a disciplinary measure is forbidden (G. P. W., art. 32).
106. Work detachments; sanitary conditions, food, etc.-The regime of work detachments must be similar to that of prison- ers of war camps, particularly with regard to sanitary condi- tions, food, attention in case of accident or sickness, corre-spondence, and the receipfi of packages.
Every work detachment shall be attached to a prisoners' camp. The commandant of that camp shall be responsible for the observance, in the work detachment, of the provisiolls of the present Convention (G. P. W., art. $3).
107. Wages; fixed by agreements; rules for determining payments.-Prisoners of war shall not receive wages for work connected with the administration, installation, and mainte- nance of the camps.
Prisoners e

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