wd 0467 - rules of land warfare 19147.pdf

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W R D

EP R T M E

N T O F

FICEOF

THE CHIEF

O F

ST FF

R

ules o

f

Lan

d

W

arf

are

W

SHINGTON

G O V

E R N M E N T

PRIN

TING O FFICE

9


2/222

W A R D E P A R T M E N T

Document

No.

4 6 7 .

Office

of

the

Chie f

o

Staff


3/222

RULS

OF

L

N

D

W

R

F

R

E

9

C

O

R

RE

C

T

ED

T

O

P

R

fL

1 5

,

9

7

C H

A

N G

E

S N O

S

.

A

N

D


4/222

WA

R D

EPAR

TM EN

T

O

FFICE

O THE

C

H IEF

O S

TAFF

W

ashin

gton

. Ap

ril 25

The

follow

ingRul

es

of

Land

arfa

re ar

e

appro

ved and

here

wi

th

p

ublis

hed

fo

r the

infor

mati

on and

gove

rnme

nt of

the

arm

ed

land

forc

es

o

fth

e Uni

ted S

tates

y

order

of th

e Secre

tary

of

War

W

W W

OTH

RSPOO

N

M

ajor

Gen

eral Ch

ief o

f

Staff.

3


5/222


6/222

C

O

N

T

E

N

T

S.

P

ag

e.

P

r

e

fa

c

e

A

b

br

e

vi

a

ti

on

s

C

HA

P

TE

R

I.

T

h

e

law

s

o

f w

a

r

o

n

la

n

d

I

ntr

od

u

cti

on

.

G

en

er

alp

ri

n

ci

p

le

s

II.

Hostilities.

7

T

he

co

m

m

en

ce

m

en

t

of

ho

st

ili

tie

s.

7

III

.

T

he

ar

me

d

for

ce

sof

be

lli

ge

re

nt

s.

IV

.

P

ri

so

ne

rs of

w

ar

E

A

pp

en

di

x

A

F

or

m

o

f

c

er

tif

ica

te

n

ew

s

pa

pe

r

co

rre

sp

on

de

nt

s e

tc

.

ac

co

mp

a

ny

in

g

a

n

ar

m

y.

.

3 S

V

.

Th

e

sic

k

w

ou

n

de

d

a

nd

de

ad

.

8

A

pp

en

di

x

A

F

or

m

o

f c

ert

ifi

ca

te

of

p

ers

on

n

el

of

vo

lu

nt

ar

y ai

d

so

ci

eti

es

.

5

4

VI.

Section

I.

Theconduct

of

hostilities.............

5 G

S

ec

tio

n

I

I.

S

tr

at

ag

e

m

s

6

S

ec

tio

n

II

I.

Es

pi

on

ag

e

an

d tr

ea

so

n

...

...

6

3

S

ec

tio

n

IV

. B

o

m

ba

rdm

e

nt

s

a

ssa

ul

ts

a

n

d

sie

g e

s.

6

6

V

II

. S

ec

tio

n

I.

I

nt

er

co

ur

se

b

et

w

ee

n b

el

lig

e

re

nts

..

...

7

1

S

ec

ti

on

II

. C

a

p

it

ul

at

io

n

s

76

A

p

pe

nd

ic

es

A

B

C

an

d

D

F

or

m

so

f

ca

pi

t

u

la

tio

n.

8

0

S

e

cti

on

III

.

A

r

m

is

ti

ce

s

88

Appendices

A

B

C

D

E

F

G

and

H

Fo

rm

s o

f a

r

m

is

ti

ce

94

Se

ct

ion

IV

. P

a

ssp

or

ts

sa

fe

-c

on

du

ct

s s

af

eg

ua

rds

an

d

c

ar

tel

s

10

0

A

p

pe

nd

ic

es

A

B

C

F

o

rm

s

o

f

pa

ssp

or

ts

s

af

e-

co

nd

uc

t

a

n

d sa

fe

gu

ar

d

1

03

V

II

I.

M

i

lit

ar

y

au

th

or

ity

ov

er

ho

sti

le

S

ta

te

10

5

I

T

re

at

me

n

t o

fe

ne

m

y

pr

o

pe

r

ty

1

18

A

p

pe

nd

ix

A

F

o

rm

o

f

re

qu

is

itio

n

.

X.

Penalties

for

violations

of

the

laws

of

war

129

X

L

N

e

u

t

ra

li

ty

1

35

N

eu

tr

al

rig

h

ts

a

nd

d

u

ti

e

s

1

35

A

pp

e

nd

ix

F

or

m

o

f c

on

ve

nt

io

n

fo

r

i

nt

er

n

m

en

t

in

ne

ut

ral

t

err

it

ory

1

46

XI

I.

A

u

to

ma

ti

c

s

ub

m

ari

ne

c

on

ta

ct

m

in

e

s

14

7

5


7/222

8

C

O

NT

E

NT

S

A

PP

EN

D

IC

ES

.

Pa

ge

A

P

P E

N D

IX

N

o

.

1 .

C

o

nv

en

ti

on

o

f

T

h

e

H

ag

ue

O

c

to

be

r 1

8

1

90

7

re

la

tiv

e

to

o

pe

ni

ng

o

f

ho

s

til

iti

es

wi

th

t

ra

n

s

la

ti

o

n

1

51

2 .

Convention IV

of

The

Hague Octo ber

18

1

90

7

re

sp

e

cti

ng

th

e la

w

s

an

d cu

st

om

s

o

f

w

ar

o

n

la

nd

w

ith

tr

a

ns

la

t

io

n

1

53

3 . C

on

v

en

tio

n

V

r

es

pe

ct

in

g

th

e

rig

h

ts

a

nd

du

ti

es

o

f

ne

u

tra

l p

o

we

rs

an

d

pe

rs

on

s

in

w

ar

o

n

la

nd

of

T

he

H

a

gu

e

O

ct

ob

e

r 18

19

07

w

it

h

tr

an

sl

at

io

n.

16

5

4

. C

on

v

en

tio

n

V

II

I

r

ela

ti

ve

to

th

e

la

yi

ng

of

au

to

m

at

ic

su

bm

a

ri

ne

co

nt

ac

t m

in

es

of

Th

e

Hag

ue

O

ct

ob

er

18

1

90

7

w

ith

tra

ns

l

at

io

n.

170

5

.

C

o

nv

e

nti

on

TX

.

re

sp

e

cti

ng

b

om

b

ar

d

m

en

t

b

y

n

av

a

l f

or

ce

s

in

tim

e

of

w

a

r

of

T

h

e

H

a

gu

e

O

c

tob

e

r

18

1

90

7

w

i

th

tr

an

sl

a

t

io

n

...

.

1

74

6

.

C

o

nv

e

nt

ion

X

I

re

la

tiv

e

to

t

he

r

ig

ht

of

ca

p

tu

re

i

n

n

av

al

w

ar

fa

re

of

T

he

H

a

gu

e

O

c

to

be

r

1

8

19

07

w

ith

t

ra

ns

la

ti

o

n.

...

...

7

. D

e

cl

ara

ti

on

X

IV

p

ro

h

ib

iti

ng

t

he

d

is

ch

ar

ge

of

projectiles

and

explosives from

bal

lo

on

s

of

T

h

e

Ha

g

ue

Oc

to

be

r

18

19

07

w

i

th

tr

an

s

la

t

io

n

18

1

8

.

Ta

bl

e

of

ra

tif

ica

ti

on

s

a

nd

ad

h

es

io

ns

to

th

e

se

co

n

d p

ea

c

e

co

n

fe

re

nc

e

a

t T

h

e

H

ag

ue

i

n 1

90

7 .

18

4

9 .

In

te

rn

at

io

na

l

co

n

ve

nt

io

n

fo

r th

e

a

m

el

io

ra

tio

n o

f

th

e

co

n

dit

io

no

f

th

e

wo

u

nd

ed

an

d

s

ic

k in

a

rm

ie

s i

n

th

e

fie

ld

at

G

en

ev

a

July

6

1906

with

translation

186


8/222

PEEFACE.

The

accompanying Rules of Land Warfare

have

been prepared

for use

of

officers of the

land forces of

the

United

States.

The

official

translations

will

be

printed

in:

heavy type

for the

purpose

of distinguishing them from the other portions of the text, much

of

which is explanatory,

and

yet a considerable part of which is

believed

to present the

substantive

law as

to

matters

upon

which

The Hague

and

Geneva

conventions

are silent or by

no

means

complete .

It

has

been found essential to make many additions to the

text

of

The

Hague and

Geneva conventions (the latter,

consist

ing of 33 articles, is reasonably complete), since these do not

deal

exhaustively

with

their subject matter.

It

will be

found

that everything vital contained in G. O .

100

of

A .

G. O. 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 s believed that

long

familiarity

with

this text and

its interpretation

by

our officers

should

not be

interfered with if

possible to

avoid doing so .

The

original

text

of the several

conventions will

be found

printed

in

the

appendices

numbered

from

1

to

9.

These are

ar

ranged in parallel columns

in

French

and

English

as

ratified

by this Government. The

text

of the manuaj which is

for

the

guidance of

officers

of our Army

is

the

official

translation of the

French as ratified by the United

States

Senate and published

in

the

United States Statutes

at Large.

Convention

No.

VIII, Relative to the

laying

of

automatic

sub

marine contact mines, s incorporated in 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 unsatisfactory state of the law upon

this

subject,.as stated in the text of this convention,

it was

deemed

prudent to incorporate in the foot notes the

rules prescribed

by

the

Institut de Droit

International at their meetings in

Paris

in

1910, and again

at Oxford in

1913. The latter being

incor

porated in

a Manuel des Lois

de

la

Guerre Maritime.

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.

L . Oppenheim, L L . D.,

aud

of Prof. Nagao Ariga's

book,

La

Guerre Russo-Japonaise, which

deals

so carefully and thor

oughly with

the

laws and

usages

of war during

one of the

greatest wars of recent times.

7


9/222

8

BUIES O F IA

ND WARF

ARE.

ABB

REVIATIO

NS

O

F T

ITLES OF

B

OOKS,

ETC., REF

ERRED

TO

IN THE TE

XT.

Arig

a-_______

________L

a G u

erre

R

usso-Japon

aise au

poin

t

de v

ue

co

ntinental

et

le

droi

t Interna

tional. By

N .

Ariga, 1908.

Blrkhimer_:___________Military

Government

and

Martial

Law,

second

edition, 1904.

Bonflls_

_________

_______Ma

nuel de D

roit. Inte

rnational

Public.

Cranch

____-___

__.

______Rep

orts of

the

Supreme Courtof the

United

S

tates.

Dig.

Op. . 7 .

A . .;__

_______Dige

st

of

Opin

ions of the Jud

ge Ad

vocate

General

of the U

nited

Stat

es Army.

F

.

S

.

R__-..

.._.._.____

___Field

Service Regu

lations of

the Unite

d

States, 1914.

French Manu

al-

_____

___.Conve

ntions

internati

onalos

concern

ant la

Guerre sur

terre.

Publie

es

en

suite de

decision du

Conse

il fe

deral du

3

1 octobre,

1910.

Gal

l._______

_______.G

allison

United States

-Supreme

Court R

e

porter.

Geneve

Conference

,._.. _Conv

ention de Gen

eve. Actes

de la

Con

ference

d e Revision.

Geue

ve.

19

0G .

G. C

_____

___

_.The Genev

a Conv

ention

of

19

06.

G. O

. 100, ]X.i. __

.________

.Instructions

fo

r the

G

overnment

of

the

Armi

es of

the U

nited St

ates in

the Field,

1863.

II.

III____,_

______.._

__Hague C

onvention No.

Ill

o

f

October 18 ,

1907.

H . IV

-___---

-__._H

ague Convention

No.

IV

of Octob

er 18,

1907.

II. V

__

Hague

Conven

tion

No.

V

of

October

18, 1907.

II. V

III-.-__

______.H

ague C

onvention No. V

III of

Octobe

r

18

,

19

07.

H .

IX

______

_______Ha

gue Co

nvention

N

o.

IX

of

October 18 ,

1907

.

H. XI

-_____

___Hague

Co

nvention

N o

.

XI

of

October 18,

1907.

H . D______

_________

__Hague Dec

laration of

1899.

H . R

________

___The Rule

s

of

Land Warfare

con

tained i

n

annex to Ha

gue

Convent

ion

No.

IV

of

October

18, 1

907.

Hall______________International

Law,

fifth edition.

Higgins ______________ . T he

Hague

Peace Conferen

ce. 1909.

Hollan

d _____

______

____The L

aws

of

Waron

Land. 190

8.

Ho

lls

_________

_.The P

eace Conferenc

e

at the

Hag

ue. 191

0.

Inst.

Int. Law

______

C

onventiones

Internatio

nales

concernant

La Guerre sur

Terre, P

ubliees e

nsuite de

decisio

n du

C

onseil

fede

ral

d

u, octobre,

1910.

Int. Pea

ce

Con

f. otes

_Deux

ieme Con

ference Internatio

nal d e la

Paix.

Actes' et

d

ocuments. Th

e

H

ague,

1907.

Jour.

Int. L,aw_

_

-The

Jou

rnal o

f

th

e Institute

of

I

nternationa

l

Law.

Kriegsbrauch_____

..----Kriegsbrauch

im

Landkriege.

Edited

by

the

German Great

Gene

ral Staff

(

Military

H

istorical

Sectio

n). Berli

n, 1902.

Le

s Lois

__

____.L

es

Lols

de

La Guerr

e

Con

tinentals.

Lieut.

Robert

Jaco

met. Preface

d e M . Louis

Renault, second

e

dition, 1913.

M a g o on

_

_ . Th

e

Law

of

Civi

l Governm

ent under

Mili

tary Occu

pation,th

ird edi

tion,

1

903.

Moore's

D

igest______

_ _ A

D

igest

of Interna

tional

L

aw.

By J. B.

M

oore,

Washington

, 1906.


10/222

RULES O F

L A N D

WARF

ARE.

9

Op__

________

_____-Op

inions of the

Attorney

General of

the

Unit

ed

S ta t

es.

P.

H.

IV

-_-_.

---..

.

_

______ P

reamble to T

he Hague C

onvention No. IV

Re

specting the

Laws

and Custo

ms of.

W

ar

on Land.

Pe

t____---_

---_____P

eters Un

ited States

Supreme Court R e

-

port

er.

Spaight-______________.War

Rights

on

Land.

1911.

T

akahashi_-

__ ___

__Internati

onal Law

applied to the

Rus

so-

Japanese

War. By

S.

Tak

ahashl.

(Eng

lish edition.)

T J . S_

_________

______Un

ited Sta

tes Sup

reme

Cou

rt Repo

rts.

Wall

_____.__

.__

_

__Wallace,

R

eports of the

Suprem

e

C

ourt of

t

he Unite

d States.

Westlake

-________

___

_

_ Internatio

nal Law, p

art 2, Wa

r, 1913.

Wllso'n

_ _

-_ .._

__.-Wils

on

on Internatio

nal Law,

H. S .

edi

tion,

191

0.


11/222


12/222

CHAPTER

I.

THE

LAWS OP

W

AB O N

LAND.

INTRODUCTION.

1 .

The conduct

of

war

is

regula

ted by

certain

well

-established

and recog

nized rules that

are

usu

ally

designated as the

laws

of

war,"

which

comprise

the

rules,

both

writtenan

d

unwritten

,

for

thecarrying

on

of

war, both on

land

and at sea.

THE WRITTEN

BULKS.

2 .

During

the past 50 years

many

o

f

thes

e

rules

have b

een reduced

to

writing

bymeans

of conven

tions or treatie

s

entered into

by the

princi

pal c

ivilized nations

o

f

the world aft

er full discussion

at The Hague, Geneva, Bru

s

sels,

and

St.

Petersburg.

3.

Th

e

rules containe

d herein

relate

to

war on land,

and the principal

w

ritten agreements

-

relatin

g to the conduct

of

w

ar on land

are the following,

viz:

l

1 For full

text of these

c

onventions, se

e

appen

dices.

(a)

The D

eclaration of St. Petersburg

of the llth of

Decem

ber, 1868, forbidd

ing in time of war

the use of explosive

pro

jectiles

und

er

40 0 grams

weight.2

. ' * This has nev

er

b

een ratified

by

the United States,

but see parag

raph

"

e,

Article

XXIII,

convention

IV ,

Hague

Rules,

1907,

Infra,

par.

184.

(b) The

Declaration of The Hague

ofthe 29th of July,

18 9 9,

forbid

ding the

employment of projectiles whic

h have for their

only

object the diff

usion of asphyxiating or deleterious

gases. 2

(c)

The

Declaration of The Hague

of the29th of July,

1899,

preventing

the emplo

yment

of

bullets wh

ich

expand

or flatten

in

the

human

body. 2

(d)

The Gen

eva

conv

ention of the

6th

of

July,

1 9

06, for the

"A

melioration

of

the cond

ition of the sick

and

wou

nded

of

armies

in

the

field.

3

'Those States which

have not acceded to or ratified th

e Geneva

c

on

vention

of 1906 but who

are

signatories

of the Genev

a conventio

n of

1864

for

"Theamelioration

of the

co

ndition of the wounded

and sick

of

armies in the Held are boun

d

by

the provi

sions of this latter.


13/222

12

R T T

L E S

O F

L A N

D W A

R F

A R E

.

(e

) Con

ven

tion

N o.

Ill

o f

The

H

ag

ue

oft

he

18

th of

O

ctob

er,

1

907

, wi

th

rega

rd to

the

ope

nin

g

of

ho

stili

ties

.

(f)

C

onv

enti

6n N

o.

IV o

f Th

eH

agu

e

o f th

e 1

8th

o f

O c

to be

r,

1 90

7, co

nce

rnin

g

t

helaw

s an

d cu

sto

ms

o f

w

ar o n

lan

d.1

4

T

he

Ha

gue

conv

enti

on

of 18

99

C

once

rnin

g

the

la

ws a

nd

cust

oms

o f

war

on

land

are

still

binding

on

those signatory

States

who

have

not

a

cced

ed to o

r

ratif

ied

t

he

co

nven

tion

o f 19

07.

(g)

C

on

ven

tion

N

o.

V of

T

he H

ag

ue

o f th

e I

Sth

o f

O cto

ber

,

1

907,

co

nce

rnin

g th

e

rig

hts

and

du

ties

o f

neu

tral

po

wer

s

and

per

son

s

in w

ar

o n

lan

d.5

Vide

Ch

.

XI an

d App

end

ix

3.

(h)

A

po

rtio

n

o

f t

he

C

onve

ntio

n N

o. IX

of

T

heH

agu

eo

f th

e

1

8th

of

O

ctob

er,

1 90

7. c

once

rni

ng th

e bo

mb

ardm

ent

by

na

val,

forces

in

time

o f

war.

8

8

Vi

de i

nfra

, Ch.

V

I, S ec.

IV,

pars

.

21

2,

not

e an

d

2 2 7 .

(i

) C

on

vent

ion

N o

. VII

I of

T

he

Ha

gue

of

the

18

th o

f

O

cto

be

r, 1 90

7, rel

ativ

et

o t

he l

ayin

go

f sub

mar

ine

m

ines

. 7

'

Vid

e infr

a,

Ch.

XII,

p.

1

47 .

(])

A

po

rtion

of

C

onv

enti

on N

o.

XI

o

f Th

e Ha

gue

of

the

1

8th

o f

Oc

tobe

r,

1 9 0

7, r

elat

ive t

o

the

rig

ht of

cap

ture

in na

val

w

ar

far

e.

8

8

Vide

infra,

Appendix

0 , p .

1 7 7 .

(

k) T

he

dec

lar

atio

n of

Th

e

Ha

gue

of

H i

e 1 8

th o

f

O cto

ber

,

.H

907

,

pro

hib

iting

th

edisc

har

ge o

f

p

roj

ecti

les

a

nd

ex

plos

ives

f

rom

b

allo

ons.

9

9

Vi

de i

nfra

, Ch

. V

I, S ec .

I,

p

ars.

174

-175

,

p . 5

6.

4

.

T

he

fo

reg

oing

do

not

c

ons

titu

te a

com

plet

e co d

eas

ap

pea

rs

fr

om

the

pre

amb

le

of

C

onv

ent

ion IV

of

Oct

obe

r 18,

1

9 0 7

:

A

cco

rdin

gto

th

e view

s of

the

hi

gh

co

ntra

ctin

g par

ties,

the

se

provisions,

the

preparation

o f

which

has

been

inspired

by

the

d

esir

e to

dim

inis

h

the

evi

ls of

war

, a

s far

a

s

mil

itar

y

r

equi

re

me

nts per

mit,

ar

e i

nten

ded

to

serv

e as

a ge

ner

al

rule

o

f co

ndu

ct

fo

r th

e

bell

iger

ent

s in

th

eir m

utu

al rel

atio

ns

and

in

th

eir

rela

ti

ons

wit

h the

in

hab

itan

ts.

It

has

n

ot,

how

ev

er, b

een

fo

und

p o

ssib

le at

pr

esen

t to

pr

epar

e

regu

lat

ions

co

ver

ing all

th

e

circ

ums

tanc

es

w

.h ic

h~m

ay 'a

rise

in

p

ract

ice.

O

n

the

oth

er

han

d, t

he

hi

gh

cont

rac

ting

par

ties

clea

rly

do

not

intend

that

unforeseen

cases

sho uld ,

in

th

e

absenc

e of

w

rit

te

nund

erta

kin

g,

be

left

to th

e

arb

itra

ry ju

dgm

en

t of

m

ilita

ry

co

m m

and

ers.

Unt

il

a m o

re

co

m p le

te c

ode

o f

th

e

l

aws

o

f wa

r ha

s

b

een

f

orm

ulat

ed,

th

e h

igh

co

ntra

ctin

g p

arti

es d

eem

it exp

edi

ent

to

de

clar

e th

at, i

n

ca

ses no

t c

o ver

ed

byt

here

gula

tion

s

a

dop

ted

by


14/222

RULES

O I LAND WARFA

RE.

I

them,

the

inhabitants

and belliger

ents

re

main under

the protec

tion and

the

rul of

the principles of

the

law of

nations, asthe;

result from

the usages

estab

lished

am

ong

civil

izedpeoples

,

froi

the

laws of hu

manity,.and

the

dicta

tes

of

publicconscie

nce.

5 .

H. IV, Art. 1 .

The

contracting

powei

shall

issue

instructions

to

their

armed

land

forces

which

shai

be in conformity

w

ith

the regulations respecting the l

aws an

customs

of

war on

land,

annexe

d to

the present

conv

ention.

Vide

Bulletin No. 6 ;

W .

D., Feb. 19,

1913, and appendices.

C .

H .

IV,

Art. II.

The provisions con

ta

ined in the regulations referred

to in arti

cle 1 , as well a s

i

the present convention,

do not apply except

between

contraetin;

po

wers, and then on

ly if all the belligerents

are

p

arties

to

th

convention.

7.

These

dec

larations

and

cor

ven

tions, freely

signed

and

ratified by

a very great numb

er o

the civ

ilized

pow

ers of the

world, constitute true rules of

intei

nationa

l law

that are bind

ing upon

thos

e who are parties

theret

in a war in

which all

belligerents e

ngaged are parties. In ca

s

on

e

p

ower,

who

is a

party to the war,

has

not

agreed to thes

co

nventions,or

having

been

a party

has

deno

unced the same,

o

has made

rese

rvations as

to one or more articles,

then

an

d

ii

that

case

the

other parties

belligerent

will

not

be

bound

by

th

conve

ntion or by the reserved

articles.

1 The

o

bservance

by

the

French

Army

of tne

rules announced is inr

plicitly

subordinated to the

condition

of

reciprocity

on

the

p

art of th

opposi

ng

belligerent, for if France imposes

certain limitations upon he

means

of action against futur

e

e

nemies, it is naturally upon

the

cond i

tlon

that they impose

upon

themselves the same restricti

ons." (Le

L

ois

de

La

Guerre Continentale, by Lieut.

Jacomet, p.

26.)

THE UNW

RITTEN BULKS.

8 .

In

addition

to

the

written

rules

there

exist

certaii

other well-

recognized usagesand

customs

t

hat have

developec

into,

and

have become

recognized

as, rules

of

warfare. Thes

usag

es

and

customs

are still in process of

development.

9 . The developme

nt of

t

he laws

and usage:

of

w

ar is deter

mined by three principles.

that a belliger

ent

is

j

ustified

i

n a

pplying

any

amount

a

nd any

kind

o

f forci

which is

necessary for

the

purp

ose of the war; that is,

the

com

plete su

bmission of

the

enemy at

the

earliest

possible

momen

with

the

least

expenditure

of

men

and

money.

th 3


35/222

34

R U L E S O P

IAND

WARFA

RE.

The same

rules shall

b

e

observed

regarding death

certificates

as

well

as

for the burial

of prisoners ofwar, due

regard

being

paid to theirgrad

e and ran

k.

1

1 Vide H.

E

. 14, supra, and G . C.,

art. 4. infra.

EX CH A N G E S.

91

.

The

excha

nge

of

pris

oners

is an act of convenience

to both bellige

rents. If no genera

l

cart

el has been concluded, it

can notbe

demanded by ei

ther

o

f

them.

N o belligerent

is

obliged

to

exchange

prisoners

of

war.

1

G . 0. 100,

1863, art. 109

.

92.

No exchange of prisoners

shall

be

made except

after complete

c

apture, and

after an accurate

account of

them

and

a

list

of

the

captured

officers

has

been

taken.

1

i G . 0. 1 U O , 1 S O S ,

art. H O .

93.

Exchanges o

f prisoners take

p

lace,

number for number,

rank

for rank,

disability

for

dis

ability,

with

added

cond

ition for add

ed

conditionsuch,

for

instance, as

not to

serve for

a

certain period.

1 G.

0. 100,

1863, art. 105.

94.

In

exchanging

prisoners

of

war

such num

bers of

persons

of

inferior

rank ma

y

be substituted a

s an equiva

lent

for one of

superior

rank

as

m

ay

be ag

reed

upon b

y cartel,

wh

ich

require

s the sanct

ion of

the

Governmen

t

or

of the com

mander

of the arm

y

in

the.field.

1 G.

0. 100, 1863, art. 1

06 .

95. The surplus

number of

prisoners

of w

ar remain

ing afte

r an exchang

e

has taken

place is

sometimes released

either

for

the payment

of

a

stipulated

sum of money

or,

in

urgent

cases,

of

provision, clothing,

or other necessaries. Such

arran

gement, however, requires

the sanctioa of the highes

t

authority.1

1

G .

0.

100

, 1863, art.

108.

96.

Sp

ies, war

traitors, and

war rebels, are not ex

changed

according to

the

common

lawof

war.

The

exchange of

such

per

sons

would requir

e

a

special cartel, a

uthorized by theGover

n

ment,

or,

at

a

great

distance

from

it,

by

the

chief

commander

of the army

in the field.

1 G . 0. 100,

1863,

art.

103.

97. In moder

n

wars,

exchange of prisoner

s has not been

com

mon, but

the f

oregoing rules

state

accurately

the

practice

of

nations in

this regard.


36/222

R

UIES

O F

LA

ND

WAR

FAR

E.

35

98

.

H

. K ., Ar

t.

XX

Afte

r

the

co

nclu

sion

of

p

eace

,

t

he re

patr

iatio

n of

pr

ison

ers

of w

ar

shall

be

ca

rried

o

ut

as

qui

ckly

as

po

ssib

le.

99.

The

im

med

iate

re

patr

iatio

n

of

pris

one

rsof

w

ar

is not

alw

ays

pos

sible

,

du

e t

o t

he

follo

wing

causes:

1. I

nsuf

ficie

ncy o

ftran

spo

rt;

2.

O

bvi

ous

ris

kto

c

apto

r

S

tate

in

re

stori

ng to

the

vanq

uish

ed

pow

er

troop

s o

f w

hich

it has b

een

dep

rive

d; an

d

3.

Som

e p

rison

ers

of w

ar m

ay b

e und

ergo

ing

p

unis

hme

nt fo

r

o

ffens

es

c

omm

itte

d

du

ringth

eir

imp

riso

nme

nt.

A P

P E N

D IX

A .

W A

R

D

E P A

R T M E

N T ,

___

___ _

_

Th

e

Bea

rer, M r

. __

___

__

__

___

wh

ose

pho

togr

aph an

d

si

gnat

urea

reher

eto

at

tach

ed,

is here

by a

ccre

dite

d to

th

eC

om

m

and

ing

Ge

nera

l,

_

___

__

___

__

__

U

nite

d

Stat

es Arm

y, a

s

new

s

c

orre

spon

den

t o

fth

e_

___

___

__

___

_

with

p

erm

is

sion

to

a

ccom

pan

y

said

t

roop

s,

sub

ject

t

o

the R

egu

latio

ns

governing

Correspondents

wilh

Troops

in the Field and

the

ord

ersof

the c

omm

and

er of

s

aid tr

oops

.

This

pass

en

title

s the c

orres

pon

dent

to

pass

age

on

milit

ary

rail

way

s an

d,

when

acco

mm

odat

ions

a

re av

aila

ble,

o

n Arm

y

tra

nspo

rts,

wi

th the

pr

ivile

ges of

a

c

omm

issi

oned

offic

er, in

clud

ing

pur

chas

eof

sub

siste

nce,

fo

rage

and

ind

ispe

nsab

les

up

plie

s whe

nthe

y can

be spa

red.

L

IN D

L E Y

M

. G

A R R I

S ON ,

[Sign

ature

of

the

corr

espon

dent

.]

H

E A D Q

U A R

T E R S


37/222

A

N

X

B

T

Y

i

P

"

W

r

O

g

z

o

C

y

S

A

C

o

o

h

H

g

W

e

g

F

n

p

n

\

r

g

n

/

R

m

k

N

e

s

e

c

)

P

a

D

e

I

u

d

b

C

E

R

T

I

F

I

C

A

T

E

O

F

I

D

N

T

Y

P

a

N

J

D

e

1

O

g

z

o

)

c

u

e

d

o

h

p

v

e

g

o

a

p

s

o

o

w

I

d

n

f

c

o

d

a

S

)

A

)

(

C

o

o

e

)

(

C

o

o

h

)

\

r

g

n

x

J

H

g

a

o

)

W

e

g

a

o

)

R

)

n

u

h

e

n

a

o

o

s

e

c

v

s

b

e

w

n

c

o

h

d

w

c

w

a

d

n

d

c

o

)

T

e

)

T

b

4

b

8

i

n

p

o

a

e

a

n

c

e

d

b

n

b

s

o

r

e

a

n

s

u

T

b

p

n

e

d

o

g

w

g

b

p

c

e

p

n

n

m

o

c

c

e

a

s

u

o

b

p

n

e

d

n

s

C

c

e

o

b

c

e

d

n

a

s

m

m

a

c

a

n

s

u

p

n

d

a

o

h

n

C

M


38/222

RU

LES

O F

IAN

D W

ARFA

RE.

37


39/222

CH

APTER

V.

THE

SICK,

WOUN

DED, AND

DEAD.

100.

H

.

R . . ,

A rt

.

XX

I.

The d

uties of bell

igerents w

ith regard to t

he wound

edand

sick

ar

e governed

by the

Geneva

Conventio

n (of 1906). 1

1 The

convention

for

t

he

amelioratio

n

o

f

the

c

ondition of

th

e

sick

and

woun

ded

of ar

mies

in t

he field, Ju

ly 6,

1906, he

came

op

erative six

mon

ths afte

r

sig

nature (art.

30).

W

hen duly

ratified it repla

ced the

con

vention

at

G

eneva

of Aug. 22, 1

864,

het

ween th

econtrac

tingstates.

The

latter

convention remains operative

between

those

signatories

who

did

not ratify the

subsequ

ent

co

nvention

of

1906

(art. 31

). Othe

r pow

er

s we

re authoriz

ed

to

subsequen

tly ratify

the conventi

on of 1906. and

it

hecame

operative as to

them within

one y

ear

f

romda

te of ratification

in

case no

one

of

the parties

filed an objection th

ereto (a

rt. 32). A

ny

pa

rty to

this convention

can denounce

the same hy wr

itten notic

e.

Such d

enunciation

becomes oper

ative one year

after

receipt of such

writte

n

noti

ce (a

rt. 33).

101.

The

dutie

s

of ne

utral p

owers

as

regards wou

nded

and

sick,

wh

o

a

re

permitted

to

enter their

territo

ries,

are dealt w

ith in the

Conven

tion concern

ing the

rightsand duties

of

neutral

powers

and

persons

at

The

Hague

in 19

0?. 1

1 Conve

nticn

V

of The Hague

relates

to

The righ

ts an

d duties

of

neutra

l p

ersonsin warfare

on land.

Co

nvention XIII

relates to

neutral

rights

an

d

dut

ies in

maritim

e

war.

TH

E SICK

AND WOUNDED

.

102

.

C .

, Art. I, par.

1 . Officers

, sol

die

rs, and other

persons officially

att

ached to a

rmies, who are

sick

or

wounded,

shall

be

respected

and

cared

for,

without

dis

tinction

of nationa

lity,

by the

bellige

rent

in

whose

power

they

ar

e.

103.

This prov

ision

extends to

a

ll

be

lligerents,

as previous

ly denned

,

w

ho may he

describ

edas all

tho

se p

ersons wh

o

may

demand

the tr

eatment

and privileges

ac

corded to p

risoners of

w

ar.

1

1

Vide a

nte, Ch. Ill

pars.

42

and

C

h.

IV .

10

4.

It doesnot

impose obli

gations

to

aid

inhabitants

or

other

persons

not

officially

attached

to

armies

who

m

ay be woun

ded by chan

ce

or accident

as

a

result

of the

hostilitie

s

in

progre

ss.

Bu

t th

e dicta

tes

of

human

ity

demand

that in

habitants

so woun

ded

be

aid

ed

if

the ot

her

inha

bitants

are

without facilit

ies to

give them proper

care,

and

38


40/222

R U L E S O F L A N D WAR

FARE.

3 8

they can

be so aided

wit

hout

neglecting

th

e sick a

nd

wounded

of either belligerent.

Opp., L an

d Warfare,

art

. 177

and note.

105.

C . ,

art.

1 ,

par. 2 .

belligerent,

how ever,

when

compelled

to leave

his

sick

or

wounded

in the

hands of

his

adversary,

sh

all leave

w

ith them

so far

a

s military

conditions

permit,

a

portion of the per

sonnel

and mat

eriel of his sanita

ry

servi

ce to as

sist

in

caring for them

The ommission

of the words

"

sick

or " in the official translation

clearly a typographical

error. Vide original

French

an d

translation

Appendix

9,

p. 186 .

106.

Necessarily the com

mander of the army,

who is com

pelled by the

milita

ry

situatior

to

abandon

his

wounded,

must determine what the

precise

exi

gencies

of

the

situation

permit

him t

o

do

w

ith

rega

rd to leavin g

his

medical

perso

nnel

and m

ate'riel beh

ind for the care of hit

wounded and sick; but

it

is

clea

rly intended

by

this article

thai

he shall

relieve

the victor

le

ft in

pos

session

of the battle

fie

ld

as far

as practic

able,

o

f the additional burdens involved

in

t

he

care

of the enemy sick

and

wounded

as well as

his

own.

Hollan

d, W ar on Land

, p .

28

,

pa

r. 42.

107

.

C.,

art.

2

, par. 1 . Subje

ct

to

the

care

that

must

tie

taken

of

them

under the preceding article,

the

sick and

wounded of an

arm

y

who

fall into t

he

power

of the

other

be

lligerent bec

ome

pri

soners of war,

and the general rules

of internation

al

law in r

espect to prisoners

become

a

pplicable tt

them.

Vide Hague Con. V,

Art. XIII post,

Chap.

XI,

pars. 417-418 and 422

108

.

C . ,

a

rt.

2

p

ar. 2. T

he belligerents

remain free,

how

ever,

to mutually agree

upon

such clauses, b

y way of exception or

favor,

in

relati

on

tc

the

wounded

or sick

as

they

may deem proper. They shai:

especia

lly have

authority to agree

(a) T o

mutually

return

the

sick and wounded

left

on the

fielc

of

battle afte

r an engagement.

(b)

T o

send back to their own country

the sick

and wounded

who

have recovered, or who

are in a condition

to

be

transported

and whom

theydo

not desire to retain as

prisoners.

(c)

T

o

send

the sic

k and wounded

of

the

enemy t

o

a

neutra:

State,

withthe consent

of

the

latter a

nd on condition that

shall

charge

itself with

their

internment

until

the

close

of

hos

tilities.

109 .

These must be reg

arded purely a?

suggestion

s

to com

manders as prop

er

relaxa

tions of the

rigoi

of

the rulesappli

cable

t

o the

wounde

d or sick, since c

ommanders

are "

free to agree"

as to

the

foregoing, as

well as to manj


41/222

40

R U L E

S

O F X AN

D WARFARE.

oth

er questions not suggested

by t

hese

rules,-regardle

ss of th

is

article of the

convention.

TOllan

d,

War

o n Land, p. 28, art. 43 .

110 .

G . C.,

art. 3,

pa

r.

1 .

After every

engagement

the belligerent

who

remains in

possession

of

the

field of

battle

shall take

measu

res to search

for

th

e wound

ed

and to protect

the wounded

and

d

ead from robb

ery and ill-

trea

tment.

11

1. The

foregoing duty o

f

policing

the

fiel

d

o

f battle

im

posed

upo

n the victor after tha

fight

c

ontem

plates

that he shall take

every

me

ans in his power to comply

therew

ith.

For

reg

ulations governing

this

sub

ject see

F .

S . R., 191

4, pars. 231,

349; vide

also,

A ri

ga, pp. 153-158,

Takahashi, pp. 152,

154.

1

12.

The obligation

s im

posed upon

commanders

as

to

protection of

the

wound

ed and

sick from

pillage and

maltreatment

contem

plate

that a

ll guilty

persons,

whe

ther

subje

ct to military

law

or civilian

s,

sha

ll be

severely

punished

for

nets o

f

pil

lage and maltreatment

of

the

wounded

and

dead.

N

o

statute

lias

be

en

passed by Congress

specific

ally

a

pplicable to

the puni

shment

of

violators of this

article sin

ce the

conv

ention was

a

greed

to

and

as

contemplated

by article 28 of

th

e

sam

e conven

tion.

In

the

absence

of

suc

h

legislation,

however, offenders,

both

military and

civilian, will

be

proceeded against as marauders

by comm

anding officers in

the

field.

1 Vide

Chap. X, pars. 171, 374,

and notes. Curry,

Colling,

3

7 Mo.,

324, 328.

113.

G .

C ., art. 4, par. 1.

A s soon

as possible

each bell

igerent shall forward

to

the

authorities

of

their

countryor army * *

* a

list

of names of

the

sick

and

wounded

takenin charge

by

him.

Vide post,

par. 1 6 6 .

11

4 .

C.,

art.

4, par.

2 .

Belligerents

will keepeach

other

mutually advised of

intern

ments and transfers, together with

admissions to

hospitals and de

aths which occur

among

the sick

and

wou

nded in their

hands.

115. The foregoin

g

pro

visions

rela

te obvio

usly

to

the

wounded

and

sick

of the enemy,

since

the

duties

referred t

o with regard

to wounded,

sick,

and dead

o

f his.own army will

be

regulated

by

the

internal

laws of the

belligerent. The

proper

channel

.of

c

ommunication of

such information to the

enemy

is

through

the

Prisoner's B

ureau

of

Information.

1 1 C .

G . C.,

art. 5 .

Military authority may

make an appeal

to the chari

tab

le

z

eal

of

the

inhabitants to r

eceive

and,

under

its

supervi-


42/222

R U L E S O F IAND W

ARFARE.

41

sion,

t

o

care

for the sick

and wounded of

the armies, g

ranting

to

persons

resp

onding to

such

appeals

special

protection and

cer

tain

immunities.

1 Art. 5 ,

Gen. Con.

,

1864. "

Inhabitants of

the country who may

brin

g help

to

the

wounde

d shall

be r

espected

and shall remain free.

The

generals

of

the

belligerent

powers

shall

make

it

their

duty

to

in

form the

inhabitants of

the appeal addressed

to their

humanity

and

of the neutrality which

will he

the

consequence of it.

Any wo

unded

man entertaine

d and taken care

of

in

a house shall be consid

ered

as

a

pro

jection there

to. Any inhabitant

who

shal

l have

received wounded-

men into his house

shall

be exempted fro

m the quartering

of

tro

ops,

as well as f

rom a

part

of the

contributions of war which may

b e

im

posed."

117.

T

he

corres

ponding

article o'f

the Geneva convention of

186 4

is so mo

dified in this

that

co

mmanders inthe

field are relieved

of

t

he

suggested

obli-

gntion of informing

the

inhabitants

of

the

appeal addressed

to

thei

r human

ity.

It also withdraw

sthe priv

ileges contained in

the convention

of 1864, and

very proper

ly

places

the entire

sub

ject under m

ilitary

superv

ision.

The

co

llection and remov

al

of

the woun

ded are best

performed under

military supervision,

even when

the labor

must

be

requisitioned, becaus

e it is only

under such supervision

that

it

2an be

properly regulated and

contro

lled. 1

1

The modi

fication of the article

of 1864 was

fine to the fact that, in

the

absence

of

military

supervision,

opportunities

were

afforded

for

pill

age

and m

altreatmentof

the dead and wounded.

It

was also

found

that th

e effect

of

the article w

as not to

ameliorate the condition of

the wou

nded, but to encourage the

inhabitan

ts to

move

wounded

men

who should not

b

e removed

and to prevent them from receivin

g prope

r

medical treatment

when most nee

ded. Vide Opp., Land

Warfare, pars.

182-183.

SANI

TABY FORMA

TIONS

AND

ESTABLISHMENTS.

118.

G . C., art. 6.

Mobile

sanitary formations

(i. e.,

those

which are intended

to

accompany

armies

in

the

field)

and the

fixed

establishments

belonging-t

o

the

sa

nitary

service

shall be

protected and resp

ected

by be

lligerents.

119.

By

mobile

sani

tary formations

must be

un

derstood

all organizations

which

follow th

e

troops on

the fi

eld

of

battle. In ourservic

e is in

clude

d

t

he

following:

(1) Regi

mental equipment; (2) A m

bu

lance companies;

(3)

Field

hospitals;

(4) The

reserve

m

edical

suppl

y; (5) The sanitary colu

mn, inclu

ding (a) Ambul

ance

column,

(6) Evacuation

hospital;

(6)

Hospital

trains;

(7) Hos

pital boats; (8) Red

Cross transport column.

iVide Medic

al

M anual,

pars. 601, 626, G 5 1 , 681,

088, 697, 720.

120.

The term fix

ed estab

lishments

is clearly inte

nded to co

ver

stationary or general

hosp

itals,

whether aclually movable

or located on

the

line

of co

mmuui-


43/222

42

RULES

O F

LAND

WAR

FARE.

ca

tions,

or

at

a

base

,

and

in

our servic

e w

ould

include

:

(

1)

The

base medica

l sup

ply dep

ot; (2 )

B

ase hosp

itals;

(3)

Casual

camp

s; (4). Conv

alescen

t

camps;

and (5

)

R

ed

Cross hos

pital

c

olumns.

* V ide

Medica

l Manual,

pars. 713,

720-72

2, also Clr

. 8

, S . G

.

0.

, 1912.

12

1 .

By

r

espect

andprot

ection

it is

in

tended that

th ey

shall

not be

flred

upon

and

shall

be protec

ted in

the di

scharge

of their duti

es,

and th

ia

is

ap

plicable

to b

oth class

es, irrespec

tive of th

efa

ct of

the actu

al

pr

esence

ther

einof th

e

sic

k or

wounde

d.

T

hey

ar

e protect

ed

fro

mde

liberate

attac

k.

1

Vide post, G .

C .

, art. 9, pa

r. 130.

Land

W

arfare,

Opp., par.

18 4 , and

no

te

1.

122 .

G .

C . ,

art.

7 .

The

pro

tect

ion due

to

sanitary

format

ions and

es

tablishm

ents

c

eases

if

they are

used t

o comm

it a

cts injurio

us

to

th

e en

emy.

123

.

By cessat

ion

o

f protec

tion

is u

ndersto

od

th

at th e

se units m

ay

be flre

d

on a

nd

the perso

nnel

taken

priso

ners

a

nd

in

a

p

roper case

rep

risals

may

be

res

orted

to.

As ex

amples

o

f harmf

ul

acts may

be

ci

tedta

king part

in the

campai

gn,

shelt

ering spi

es or co

m

bat

ants,p

lacing

these

units

directly

in th

e line of

fire of

the

ene

my, .or In a

strategi

cposit

ion,

where

they

restric

t

mili

tary

operations

or

conceal

guns,

or

making use

of

sanitary

trains

to

tr

anspor

teffec

tives, etc.

Since

san

itary forma

tions shou

ld be

placed

in c

onceale

d poin

ts whe

re pro

tected f

rom the

enemy

's

fire

, th

e placing

of

s

uch unit

s as

indicat

ed

may

excuse

th

eir

be

ing

fired

upo

n and

the

detenti

on of

their personn

el, but

befo

re

firing

upo

n

them it is

b

est, if po

ssible,

to

dir

ect

th em t

o with

draw.

1 I

n

th

e Fren

ch

Conv

entions Intern

ationale

s

c

oncernan

t La

G

uerre

sur

Terre

,

p

. 65,

art.

7 , note

,

it is

sta

ted, in expla

nation

of

what

is

meant

by

pr

otection

ceas

es, t

hat in

such

cas

e

it is p

ermitted

to

fire

upon

these

formations

and

make

them

prisoners. Under

certain

circum

stances whe

re ther

e is a

manifes

t ab

use o

f

th

e

im m

unity

repri

sals

may be resorted

to

.

And

in

e

xplanati

on

of th e in

jurious

acts

referred

to sa

ys : W hether

in

a

d

irect

manne

r, by ta

king

part

in the

combat

or indire

ctly,

for example,

when

t

hesanitary

train

s are

used for

the tran

sport of e

ffective com

batants,

e

tc.

A

dis

tinction

must

be dr

awn b

etween an ac

t intenti

onally

inju

rious and

where,

by

its

presenc

e on

ly ,

a sa

nitary

establish

ment

inter

feres with

a

m

ilitary

opera

tion,

or aga

in, whe

re

t

he s

anitary

personn

el is

found

in

th

e

midst

of

t

he en

emy troo

ps, c

ould

gi

ve

inform

ation o

f

th e

dispo

sitions

made. In

suc

h

ca

se th e

resp

ect due

to the

person

nel

ceases

to

be

o

bligator

y, but

only

to

th

e extent

demand

edby

th

e cond

uct and

secu

rity

of

the

operations.

In

other

words,

the

sanitary

service

can

be

ordered

t

o retire,

and, if it

is

necessa

ry, th is

personn

el can

be forcibly

de

tained. Vid

e,

also, Ariga,

pp. 207

et

seq.

124 .

G .

C.,

art. 8 . A

sa

nitary

forma

tion or e

stablish

ment shal

l n

ot be

dep

rived o

f

the prot

ection

accord

ed

by

art

icle 6

by the

fact:


44/222

SL'LES

OF LAND

WARFARE.

43

1. That the

personnel

of a formation or establishment is armed

and

uses its

arms

in

self-defense

or in defense of its

sick

and

wounded.

125. Although the sanitary per

sonnel

may carry arms for

self-defense,

they should

not

resist

with

such

arms their

being

captured

by

the

enemy.

These

arms

are for their personal defense and for protection of the sick

and wounded

under

their charge

against marauders and the

like.

1

1 Vide

Land

Warfare, Opp., p. 45, par. 188.

126.

G .

C.,

art.

8, par. 2 . That in the

absence of armed

hospital

attendants, the formation is guarded

by an

armed detachment or

by

sentinels acting under

competent

orders.

127. Due to the fact that

in

some

armies trained

soldiers are used as

medical orderlies, it

is

expressly

provided

that a

picket or sentinel

taken

from

a

combatant arm may be used as a guard to a sanitary forma

tion. Such guard, when

furnished

with authority in due form,

is entitled to the same privileges

as

those of the medical per

sonnel

while

so employed.

128. It is indispensable,

how

ever,

that

such picket or sentinel be

provided

with a written

order

that

he

can

show

to

the adversary.

1

Such

pickets or

guards

will not be

made

prisoners of war. 2

1 The original

French

of the article Is d'un mandat regulier, which

contemplates an order

or written authority duly authenticated by

proper

authority.

Nothing Is said about

such guard

being

obliged

to wear

the

brassard.

2 Vide, also, G . C., art. 9, par. 2 , post par.

130.

129. G . C., art. 8, par. 3. That arms

or

cartridges,

taken from the wounded

and

not yet turned over

to

the

proper

authorities,

are

found

in

the formation

or

estab

lishment.1

1 These

arms

and

ammunition

should

be turned in

as soon as prac

ticable, and,

in

any event, are

subject to

confiscation.

PERSONNEL.

130. G . C., art. 9. The

personnel

charged

exclusively with the removal, transportation, and treat

ment

of

the sick

and wounded,

as well

as

with the administra

tion

of

sanitary

formations and establishments, and

the

chap

lains attached to armies, shall be

respected

and protected under

all circumstances. If they fall into the hands of the enemy they

shall

not

be considered

as

prisoners

of

war.

These

provisions apply

to

the

guards

of sanitary formations

and

establishments

in

the case

provided for

in

section

article 8 .


45/222

44

RT T IE S O F IAWD WAR

FARE.

131.

The personnel here

intended

by

the words

charged exclusively"

is clea

rly

the

officers a

nd

m

en of the army

service corps, including drivers o

f t

ransports

attache

d

to the

medical s

ervice

for the

entirecampaign, so

that

musicians

and

o

ther

so

ldiers, temporarily em

ployed

as litter

bearers,

are

not

placed

under

the

protection

of

the

convention.

These latter sho

uld be supplied with a

special brassard or

cer

tificate.

132.

The m

edical

perso

nnel above re

ferred to,

chaplains,

an

d guards are

protected from deli

berate

attack. There

is n o just cause for

complain

t,

as a viol

ation of

theconvent

ion, if they are accide

ntally killed or wounde

d in the

execution o

f their duties.

Land W

arfare, O pp.

,

art. 184,

and note

1 . " It [medical p

ersonnel]

can

not,

naturally,

be

made

immune from

the

effects

of

shell

and

bullet

fired at ranges a

t which

bad

ges an

d

un

iform are

not distinguishable."

133.

G .

C .

, art. 10. The personnel

of

voluntary

ai

d

so

cieties, duly recognized

and authoriz

ed

by their

ow n Governm

ents, who

are

employed in

the sanitary forma

tions

and

establ

ishments of armi

es,

are

assimilat

ed to the personnel

contemplate

d

i

n

the

preceding

article,

upon condition

that

the

said

pers

onnel

sha

ll

be

sxibject to military

lawsand r

egulations.

Ea

ch State shallmake kn

own to the other, either

in

time

of

peace

or

at

the

opening

or

during the

progress

of

hostilities,

and

in

any case

before actual em

ployment, the names of

the

societies

which it

has

authorized to

rende

r

assistance,

under

its

responsibilit

y,

in

th

e

official

sanitary service of its ar

mies.

T he

duly

incorpo

rated

under

the

la w

s

of the Un ited States,

Jan. 5 , 1905 (vide 33 Stat., 6

00, an d amendment.

30 Stat., 6

04),

is,

under the

proclamation of the President, pub

lished

in

G . O . 170

,

W.

D., D ec. 27, 1911,

the only volunteer society

now au

thorized by this Government

to

render

aid to

its

land and naval forces

in time of war, an

d any other

soc

iety desiring

to

render similar assist

ance

can do

so only throu

gh

t

he

A

merican N ational Bed Cross.

Such

portion

of

the

society

as

may

render aid to

the

land

and

naval

forces will c

onstitutea part of

the

sanitary

services thereof.

The War

and Navy Departments are

duly authorized to

communicat

e

d

irectly w

ith

th

e

president

of

the soci

ety, arranging for and sp

ecifying

the charact

er

of

services

required, and designating wher

e the personnel

and materiel will b

e

as

sembled.

It is

prescribed that any mem

ber

of the

American

National

R ed Cross

when

on dutywith the land

and

n

aval forces of the

United States,

pur

suant to a proper

call, will be subject to

the military laws and

regula

tions

as

provided

in

article

10

of the

International Red Cross

Conven

tion of

1906

(Geneva), and will

be

provide

d with the nece

ssary

bras

sard

and c

ertificate

of

identity

.

Excep

t

in cases of great emergency,

the

personnel

o

f the American

National

Red

Cross

will

not

be

assigned

to

duty

at

the

front,

but

will

be

confined

to

hospitals

in the

home country, atthe base

of operations,

on hos

pital

ships, an

d along

lines of

communicatio

n of

th

e land

and

naval

forces of

th

e

U

nited States.

134.

The National Red Cross

of

A

merica is th

e

only volunteer

aid societ

y

that can

be

employe

d

b

y

t

he

land

a

nd

n

aval forces of

the

United

States in fut

ure


46/222

RULES

OF IAND WARFARE. 45

wars to

aid the medical

personnel,

and

their employment

must

be

under the responsibility of the

Government

as

part

of the

medical

personnel

and establishments

of its

Army, and they

must be assigned to

duties

in

Realities

designated by

com

petent military

authority.

135.

The personnel

and establishments

of voluntary aid societies, while

so

employed,

are entitled to the

same

privileges

and

protection as that to

which the

Army Medical Service is entitled under

certain con

ditions,

which

are:

(a) That the

societies

are duly recognized

and

authorized

by their

Government. 1

1 In this

country the

society is

recognized by the statutes (vide

note

1, par. 133) . The personnel must be provided with

the

emblem (bras

sard)

and also

with a

certificate

as

prescribed. The certificate

should

give

a

reasonably accurate description of

the

person

employed,

i. e.,

the age, color, sex,

race,

height, weight, color of

eyes,

hair,

and

com

plexion.

In addition

should be added

the

finger print

of

the index

finger of

the right hand with

distinguishing marks.

The

certificate

should

also contain

the

number of the

brassard

issued to

each person.

For

form of certificate, vide Appendix

A, this

chapter. This certificate

should always be on

the

person and might properly

be

inclosed in

a

light

metallic

case stamped with the same number as the

certificate,

which would

serve as

an

identification tag.

The

employment

of a

distinctive uniform consisting of

a

blouse and

shirt

of blue

and

a cap of

designated

design

would

prevent

confusion

and

injury

on

the

part

of

the

enemy.

(b) That the names of the societies to be

employed

must be

notified

to the enemy before any of the personnel is actually

employed. 2

2

This will be done by the G overnment at the outbreak

of

hostilities,

of which notice will be had by commanders.

(c)

That

the personnel is subject

to military

law. 3

3 Vide statute cited in note 1, par. 133.

136.

In

past wars

so

many

Irregularities

and even

acts of

hostility have been

committed

by members of volunteer aid societies that the conditions above

mentioned have been found

necessary.

Commanders, before per

mitting

their

employment,

should therefore assure themselves

that

these

conditions have

been

strictly

complied

with.

1

1 Land

Warfare,

Opp.,

p.

46,

par.

192.

137.

G .

C., art. 11.

A

recog

nized

society

of

a

neutral

State

can

only

lend

the

services

of

its

sanitary personnel

and formations

to

a

belligerent with

the prior consent of its

own

Government and the authority of

such

belligerent. The

belligerent who has accepted such assist

ance

is required to notify

the

enemy before making

any

use

thereof.

138. It is necessary

to secure the

consent

of

the

neutral government

as well as

that

of the


47/222

46

R U

L E S

O

F

L A N

D WA

RF

ARE

.

bel

lige

rent

into

w

hose

s

ervi

ce

it p

rop

ose

s

to

en

ter,

bu

t

it

is

not

nec

essa

ry

t

oob

tain

the

con

sen

t o

f tl

ie oth

er

bell

iger

ent

wh

o is

not

ifie

d

o

f

the

fa

ct

o f em

plo

yme

nt. S

uch

e

mp

loym

ent

in th

is

cou

ntry

m

us

t b

e acc

omp

lish

ed t

hrou

gh

the

Am

eri

can

Nat

iona

l

Bed

Cros

s.2

>

V ide

G eneva Conference

p.

115.

Vid

eG.

O . 1 7

0 , D e

c. 2 7

,

191

1, W

. D

., p

ar.

2 ,

proc

lam

atio

n of

Pres

i

den

t.

CAP

TUR

ED

MED

ICAL

PE

RSON

NEL

.

1 39

.

G

C.,

art

. 1

2. Pe

rson

s

de

scri

bed in

a

rtic

les

1

0, and

11

w

ill

con

tinu

e i

n

th

e

exe

rcise

o

f t

heir

f

unc

tion

s, u

nde

r th

e d

irec

tion

o f the

enem

y,

af

ter t

hey

hav

e

f

allen

int

o

hi

s

p

owe

r.

Wh

en

thei

r ass

ista

nce

i

s n

o lon

ger

in

disp

ensa

ble

the

y

wil

l

be

sent back to

their

army

or

country,

within

such period

and

by

su

ch rou

te

a

s ma

y ac

cord

wi

th

mi

lita

ry n

ece

ssity

. T h

ey

w

ill

ca

rry wi

th

the

msu

ch

e

ffec

ts, ins

trum

ent

s,a

rms

, an

d

ho

rses

a

s ar

e thei

rp

riva

te

pr

ope

rty.

1 40

.

I

n

int

erp

retin

g th

e

for

egoi

ng o

blig

atio

ns

tw

o t

hing

s, am

on

g o

ther

s,

m

ust

b

e ca

refu

lly

c

ons

ide

red:

(1

)

Th

at th

e sa

nita

ryf

orm

atio

nsm

us

t no

t b

e

plac

ed

in

p

osi

tion

t

o

tak

eba

ck

usef

ul in

for

mat

ion

to

the

ir a

rmy

,

a

nd

(2)

tha

t

th

ese

ru

les

are

not

m

ea

nt

to

just

ify d

epri

ving

th

e

e

nem

y

of

the

services

of

his

medical

personnel

foran

indefiniteperiod

of

t

ime.

Th

e fo

rme

r cle

arly

pre

clud

es th

e ab

solu

te

fr

eedo

m of

m

ov

eme

nt of

thi

s m

edi

cal

pers

onn

el

in

theth

eate

ro

f w

ar,

even

,

tho

ugh

claim

in

g to

be

e

ngag

ed in

coll

ecti

ng,

aid

ing

, or

rem

ovin

g

th

e wou

nde

dan

d

sick

.

Me

dica

l per

son

nel

of

the

e

nem

y

pe

rsis

t

i

ng in

a

ppr

oac

hing

plac

es

af

ter b

eing

o

rder

ed

to

ha

lt may

b

e

fir

ed

o n

as

an ext

rem

e

me

asur

e. T

here

is

not

hing

in

the

G

enev

a

co

nve

ntio

n c

onf

erri

ngi

mm

uni

ty fro

m

sear

ch

of i

ts

m

edic

al pe

r

so

nne

l

an

dun

its,

and

th

ey

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