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7/25/2019 WD 0467 - Rules of Land Warfare 19147.pdf
1/222
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
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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
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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
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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
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7/25/2019 WD 0467 - Rules of Land Warfare 19147.pdf
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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
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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
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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
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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.
7/25/2019 WD 0467 - Rules of Land Warfare 19147.pdf
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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.
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7/25/2019 WD 0467 - Rules of Land Warfare 19147.pdf
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.
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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
7/25/2019 WD 0467 - Rules of Land Warfare 19147.pdf
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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
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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.
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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
7/25/2019 WD 0467 - Rules of Land Warfare 19147.pdf
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
)
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)
n
u
h
e
n
a
o
o
s
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v
s
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w
c
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a
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b
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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
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s
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c
e
o
b
c
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m
a
c
a
n
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p
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o
h
n
C
M
7/25/2019 WD 0467 - Rules of Land Warfare 19147.pdf
38/222
RU
LES
O F
IAN
D W
ARFA
RE.
37
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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
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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
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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-
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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-
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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:
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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 .
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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
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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
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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