1 \u25a0I rM\u25a0 Bill \u25a0 • < WAR DEPARTMENT :OFFICE OF THE CHIEF OF STAFF 1 Rules of an airfare WASHINGTON GOVERNMENT PRINTING OFFICE 1914 \u25a0\u25a0: £, / & )^Jd¥Oiffl^ War Department, Document No. 467. Office ofthe ChiefofStaff. iy ) :.-.! ' ' /<*i J yt Wab Depabtment, Office of the Chief of Staff, Washington, April25, 191%. The following Rules of Land Warfare are approved and here­ with published for the information and government of the armed land forces of the United States. order of the Secretary of War. W. W. WOTHERSPOON, Major General, Chief of Staff. 3 CONTENTS. Page. Preface 5 Abbreviations 8 Chapter I. The laws of war on land 11 Introduction 11 General principles. 14 11. Hostilities 17 The commencement of hostilities 17 111. The• armed_ - forces' ofbelligerents' ' 21 TT r TV . £ OK IV. Prisoners of war— 1 25 Appendix A Form of certificate, newspaper correspondents, etc., accompanying an army.. 35 35 V. The sick, wounded,— and deadT. 38 Appendix A Form of certificate of personnel ofvoluntary aid societies 54 VI. Section I. The conduct ofhostilities 56 Section 11. Stratagems. .. '. 60 Section 111. Espionage and treason 63 Section IV. Bombardments, assaults, and sieges : 66 66 VII. Section I.Intercourse between belligerents 71 Section 11. Capitulations — 76 Appendices A,B, C, and D Forms ofcapit­ ulation 80 80 Section 111. Armistices 88 Appendices A, B, C, D, E, F, G, and H— Forms of armistice 94 Section IV. Passports, safe-conducts, safeguards and cartels — 100 Appendices A, B, C Forms of passports, safe-conduct, and safeguard 103 VIII.Militaryauthority over hostile State 105 IX. Treatment of enemy— property 118 Appendix A Form of requisition. X. Penalties for violations ofthe laws of war 129 XI. Neutrality 135 135 Neutral rights —and diities 135 Appendix Form of convention for intern­ ment inneutral territory 146 XII. Automatic submarine contact mines 147 5 CONTESTS, 6 APPENDICES. Page. Appendix No, 1. Convention 111 of The Hague, October 18, 1907, relative to opening of hostilities, withtranslation 151 2. Convention IVof The Hague, October 18, 1907, respecting the laws and customs of waronland withtrans] aiion 153 3. Convention V, respecting the rights and duties of neutral powers and persons in war on land, of The Hague, October 18, 1907, withtranslation \u25a0 ... 165 4. Convention VIII,relative to the' laying of automatic submarine contact mines, of The Hague, October 18, 1907, withtrans­ lationlation.. : \u25a0 170 5. Convention IX, respecting bombardment naval forces in time of war, of The Hague, October 18,' 1907, with transla­ ijj.<jiitiontion. 174 6. Convention XI, relative to the right of capture innaval 'warfare, of The Hague. October 18/1907, with translation '. 177 7. Declaration XIV,prohibiting the discharge of projectiles and explosives from bal­ loons, of The Hague, October 18, 1907, withtranslation. .. 181 8. Table of ratifications and adhesions to the second peace conference at The Hague, in1907 \u0084.:._ 1........ 184 9. International convention for the ameliora­ tion of the condition of the wounded and sick in armies in the field, at Geneva, July 6, 1906, with translation. .' 186 .x.t PREFACE. The accompanying Rules of Land Warfare have been prepared for use of officers of the land forces of the United States. The official translations willbe printed an 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. , , Ithas been found essential to make many additions to the textLCAI ofUl TheJ.JUt? Hague-XiagUC and4XIIII.-Geneva'VTtMI^V <l conventionstUUVCIILIUIIfI- (the\UIC latter,JUiLLCL, consist­i;uui3ioi­ ing of 83 articles, is reasonably complete), since these do not deal exhaustively with their subject matter. \u25a0 Itwillbe found that everything" vital contained in G. O. 100, of A. G. O. of April24, .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, 1 because itis believed that long familiarity with this text and its interpretation by otir officers should not be interfered with.ifpossible to avoid doing so. The original text of the several conventions will be fo.und 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 manual 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. XI, Relative to the laying of automatic sub­ marine contact mines," is 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 dcs Lois de la Guerre Maritime." Inthe 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, LL. D., and of Prof. Nagao Ariga's book, La Guerre 1 Russo-Japonaise," which deals so carefully and thor­ oughly with the laws and usages of war during one of tlie greatest, wars, of:recent times. • 7 ,!'>' ' 8 RULES OF LAND WARFARE. ABBREVIATIONS OF TITLES OF BOOKS, ETC., REFERRED TO INTHE TEXT. Ariga La Guerre Russo-Japonaise au point dci, vue continental et le droit International. By N. Ariga, ±908. Birkhimer 1Military Government and Martial Law, second edition, 1904. Bonfils 1 Manuel de Droit. International Public. Crimea Reports of the Supreme Court of the United States. Dig. Op. J. A. G Digest of Opinions of the Judge Advocate Generalurtsueruiueuerai .ofoiuj. methe Uniteduiiiieu Statesouuubs Jiiuaj.Army. F.S. R Field Service Regulations of the UnitedL \u25a0 States, 1914. French Manual Conventions interinternationalesInternationales concernant la Guerre sur terre.ter Publiees ensuite de decision dv ConseilCon federal dv 31 octobre, 1910:iQin Gall- . Gallison, United States Supreme Court Re­ porter. Geneve Conference Actes Convention de Geneve. Actes de la Con­ ference de Revision. Geneve, 1906. G. C ' The Geneva Convention of 190&. G. O.100, 18G:> Instructions for the Government of _ the Armies' of the United States in the Field, 1863.ISR3" H. 11l Hague Convention No. 11l of October 18, 1907. H.IV Hague Convention No. IV'of October' 18, 190\u25a0tern?T. \u25a0 Et:y .-_- Hague Convention No. V of October 18, 1907. H.VIII Hague Convention No. VIIIof October 18, 1907.' H. IX__i-l__: 1 Hague Convention No. IX of October 18, ' 1907.' . H. XI Hague Convention No. XI of October 18, 1907. H. D___ 1- .-Hague 'Declaration of 1899. ,_The H.R \u25a0— Rules of Land Warfare contained in annex to Hague Convention No. IV of October 18, 1907. Hall- International' Law, fifth edition. , Hague iaua,' \u25a0 Higglnstiiggins . Theme tiague Peaceirence Conference.v^onicreiice. 1909.' HollandHolland- ' The Laws of War on Land.. 1908. Holls The Peace Conference' at the Hague. 1910. Inst. Int.Law Conventirines Internationales concernant La Guerre sur Terre, Publiees ensuite de decision dv Conseil federal dv, octobre, 1910. Int. Peace Conf. Actes Deuxieme Conference International de la Paix. Aetes et documents. The Hague, . 1907. - Jour. Int.Law The Journal of the Institute of International Law. Kriegsbrauch Kriegsbrauch im Landkriege. Edited by the German Great General Staff (Military Historical Section). Berlin, 1902. Les Lois I^es Lois de La Guerre Contihentale. Lieut. Robert Jacomet. Preface de M. Louis Renault, second edition, .1913. Magoon — .The Law of Civil Government under Mili­ tary Occupation, third edition, 1903. Moore's, Digest A Digest of International Law. By J. B. Moore, Washington, 1906.' RULES OF LAND WARFARE. 9 Op Opinions of the Attorney General of the United States. P. 11. IV Preamble to The Hague Convention No. IV Respecting the Laws and Customs of War on Land. Pet Peters, United States Supreme Court Re­ porter. Spaight -_ War Rights on Land. 1911. Takahashi International Law applied to the Russo- Japanese War. By S. Takahashi. (Eng­ lish edition.) U. S United States Supreme Court Reports. Wall Wallace, Reports of the Supreme Court of the United States. Westlakc Internationa] Law, part 2, War, 1913. Wilson Wilson on. International Law, H. S. edition, 1910. I Chapter I, THE LAWS OF WAR ON LAND. INTRODUCTION. 1. Hoio regulated. —The conduct of war is regulated by certain well-established" and recognized rules that are usually designated as the laws of war," which comprise the rules, both written and unwritten, for the carrying on of war, both on land and at sea. THE WRITTEN KULKS. 2. Conventions, and treaties. —During the past 50 years many of these rules have been reduced to writingby means of conven­ tions or treaties entered into by the principal civilized nations of the world after full discussion at The Hague, Geneva, Brus­ sels, and St. Petersburg. 3. Those relating to war on land. —The rules contained herein relate to war on land, and the principal written agreements relating to the conduct of war on land are the following, viz:1 1 For full text of these conven Lions, see appendices.