Show v LAW ANDU OF W AR t Z The Provisions s of rit b r i 5 Gene al Orders One O le fl Hundred na f I If v iri f V Ther r has lias feel t Ik k recently re II sinus bout general gentral order ordem let some Rome of it n and ld much of it foolish for al although l w v Ise u ue though this thin celebrated order o has bu been as HS sound international law Jaw for r e 11 snore more than a 8 tI and q n the ledged yak rule of con tur of th the he arm armies of f the nation aa of world the condition n d f under trader r which the ho jj it came into bema beta have hae so IJO long been matters merely of o D Cf to jt the he States State that most mo t men either cither knew or have about it The military operations operation In Infine Mime fine parts of the Philippines P i erred to bring back bach to general atten attention ti tion n thi famous order or I perhaps it be he said id that thai t the criticisms of terent n sad mad recent t lo ures urr about operations a t o recent leCent have hate ba 1 recalled general orders oIn HO to the notice not Th The ivi ivl war called into lato the held field leldon on b both ih h tides sides id so 80 many maD in ill the thea sd a liner int mv and rules ruin of warfare especially Uy ally In the armies that there result resulted ed j in the first two years of fighting some very sets t m iott and a contradictory der derisions and anJI d rulings on questions que of International law I In 1863 1883 this state stat of aa affairs having hallIg resulted result d sometimes In great harm Secretary of War skid lI kd irand Lieber JJ bor then professor o f history aril anH rill t economy in Co Columbia I r lumbia college on gt to prepare a code d f Instructions for cur the government of ar a in the field tJ ld t or r W Lieber ber drew up a net t ot oC rule ruit which was wan submitted to a ti board boa of army arm officers and approved It was then published to the entire army as general orders 1 by the adjutant gen en generals generals office and nd 1114 from fromn that day to this th ha hu has been the rule role of conduct for oo o or army More lore than that it ha hU been ee e by tn the modem modern authorities as basis bald of the present up u upon ln n the subject object Bluntschli one one or of orthe ort the t hf mt m t celebrated writers s N upon the bangs of war this order the baths buM basis If r f his hi elaborate work ft It would require more mer than thaD a page I INI says ays NI the New York Sun to give ve ibis fa order rt r in full but its it more aai at o 0 points especially those e invoked by our I in the Philippines cU b reviewed rein d In much less leas space apace apa e Martial law says liars 78 Professor LIeber hi iii hithe the immediate and direct effect and aDd consequence of occupation or conQuest It consists in 10 the suspension u of the Ufe I and civil law and 4 the aub substitution tl of military rule e and aAd force for It The presence enee of a hostile army pro proclaims proclaim II claims claim its ita martial law Its Ita most mo t own corn corni l i to sway away is a allowed when face t O face fact with the enemy It extends to property plOt rt and to persons The law la w of war disclaims all an cruelty all extortions or other acts for Individual ual gain train all seta acts t of private revenge or w connivance at such acts acta Military nc nee 4 iii Is I the necessity for those tho e mesa meas measures are ures which are al indispensable for tor securing securing ing the ends of the war and which are lawful according to the modern usages aces u J of war var It admits of all an direct dl t destruction de of life lift or ur limb of armed enemies and of other whose hoeP if destruction is ID I in the armed con contests tests tp 15 of u the war it k t allows the capture of If f every enemy and a of or every enemy of importance to the ue hostile gov government go nt or of u peculiar Pe ar danger to the raptor it apex allows NII all aU destruction ton on of qt property erty sad and withholding w bo nar of sustenance 1 or If r means mf ans of lie from the enemy the tile thea tilea I a af of whatever the country affords for the t or safety at of r ra rh th attar a ayd r fa suck as t s d fines ies not BOt Involve 1 lve toe the tb breaking of good gUM faith It ft does not admit t of cruelty ny or of aItor tor ti lure to extort confessions or nr the wan wanton W tv WIn ton In devastation of a district d t I It faints acts u d dIt r It in It lawful 1 to tile able J b gerent li armed or MC The I I It t zi or native of is an anI enemy nemy I my and is I to the tJi of II war warThe t The he law I w of war can ean no D DIt dispense with x u It h retaliation than can the Ute law Jaw of ot nations A enemy often leaves lea Yea to In his hiM opponent no DO other weans of ot ar curing Suring himself hl f against the I r rt f Barbarous Outrage JIe It must ever be resorted to a as a I means Ans of or mere revenge but only oily o ly as atI a means of protective retribution and ad Ai moreover n moreover cautiously and nd ly lyo e N So o conventional ony restriction n of tire the mode moes adopted to Injure the enemy Is fIr any longer admitted but the law of T Sr r imposes many ma and ace acer Dc r n 1 limitations imitations on principles of Justice faith filth and honor no DO taw law lawr T Or Ir r body of authoritative ilea of 01 ac ac action tion dnn between teEn hostile armies except e a that of the law lair of nat which is ailed the law and usage U of ot war on onland onLand land TV The Th united States tbd r I prote ta in hostile tl countries occupied tar It II religion no and nd morality morall strictly p pi I II at ate i property the tM persons persona of Uw tit In habitants h b lanb especially of of a and 4 ti tM of domestic property forfeited tort by r i imes of ot offenses of the owner owner Hr can caD caDt t r t t h only by way war of military 1 ne nei Dr r I it itA l A All II wanton II violence r i t I persons ta Ita Uw tile coun coca t i x try r ry all II 11 destruction deat of property 1 t 1 by b be a officer I a all i l robbery all aU pillage or 01 sacking even n a place by mala 10 force all aU r r nth iP rut r wound wounding ng maiming or r killing of ut i are prohibited under a I Tn l malty of ft death or such auth other othere e 8 GYP f n punishment as sa may eem seem ade h for the th gravity of the t o ease A Ar Ac c a Wi r officer nh r or private in tn the act d 1 ir J ting such nuch violence and dis dia diso I o nn i ng I a superior cu ordering him lIim to ab at attain tain n from it may be lawfully rully k led ed J a the th sit by Uy such lIuda i a runes punishable hable by b all aft penal venal codes e uth uch a all at arson murder r mD as u highway high robbery robb 7 theft ft but r I glary I ry fraud forgery and aad ape pe If It torn tom bornn n nittel tea by b an eoN In M a s ste h t te country against It Its inhabitants r nut not only P I As is at h hone oe h to J Jn In all nil ae ES fn n which death to is ft UI an n i ta t the h o severer sea nt shall Pr ferrets t I t of or war Its I a 1 public k km enemy a m niB or ar r attached to the UIe le ae arty army I a tr nr all a t iv lye did Hid who be has Jaa into the theof t of the th raptor captor ad and tf cia uch isei e eto reC to the In as au asto ail n I to the privilege Of a 8 ar ear Ir r i who a n h i m fOr tor whatever De i of war warA r h A li If the th people of an lOM ct 1 r s u a duly a t tt t I e to resist Invasion Inch n tta m they are MW l if it captured an par of 2 r to ar and n no 10 c has the rl rJ M h t dilate that he b wm will treat avertS a man in arms anna of a levy en tut n 1 h ii brigand ran 1 t or bandit If 1 t how q i people vf of ut a country or any portion w it t already a occupied by an aD 3 19 fie If a against it they hey t heys are Aft violators violator f t fr law s of r f war and are not entitled to todd stir a dd td Prot triton J 1 n prisoner pr o r Of or war ar Is subject et t to no for being a pub public c hi I f to i f r tI m K Y any an revenge P I wreaked upon S M but he remains remalDa answerable for forT Tn m T l s committed age against ing ln t the raptors y lr Y ur or r people eOple before h ht he was eat captured ed d which he M has not ben b h fn n punished puni by byn ef oa OWn n authorities AP 11 prisoners rs of i to r It are liable to tilt tion of or re toa 1 a tory lory against the usage of modern rn ware wari war e 4 no quarter ter but hut a commander Is Istl o rp i sr s M tl t i di lt his troop tr ia jq atrat vho iw n n his own jL t it t shi 1 to cumber him himself lm rf I I pS that t c no fa rn nemy may mey be ordered put to I ae death If w three days after cap Cp hire t St If Kelt at j be that Uta t lie he belongs to tb a a is which l b h gives no quarter Un Me 1 i ry orre V D destruction of wf Dd rn war mages co against prisoners rl i to o extort information or to toI ft punish them I for having g given n false I it hostilities whether t h r rb by bt b raids of any kind betas i part art of the organized or army and d without sharing con ron conin da in h t the ewar war but who intermit int s ti iI tp to t r homes home or oc oct ti t assume uwe the i of pese ul tta divesting ot of the b JIL r or er r appearance of sol sot ere are entitled to the treatment of prisoners Nr of f war ar but shall shaH be treat eAt 4 ruy a as highway robbers or Ar td ltd prowlers by whatever r name they may 1 be e called or persons of the thene th ne y territory who teal within the te Hue beta of the th hostile army for the pur eor sobbing killing kUling or of destroying b or canals or robbing the mall or cutting telegraphs telegraph are not tN I U the privileges lepe of prisoners r Q eat tb ii are persons within an who rise in lit arms ar arC the occupying C or conquering t the authorities es esby tab by 61 y the same If It captured ca suffer r death dea tho whether th they y rime large or small bands band bander yr er her 4 are called upon to do done ne b but expelled govern gavern t not They ney are a not prisoners prisoner of liar nor r Pe they if and se e seeped ed before their conspiracy has ma roa mat maan tl t iI an actual aChl rising or to armed All AJI 4 ne between t the terri tern Lor to r led by armies i by letter Iett r travel or in any an other othery wy say y ceases of this rule are highly punishable A spy py is I a person who secretly in disguise uJ e or 0 under false pretense seeks information infO Uon with the intention of com communicating it to the enemy He is pun punishable 18 Bath by hanging husing whether or not pot be he succeeded in obtaining the or in communicating it to the t enemy I A war traitor as a person in a dis trYst triet spider r martial martini law lacy who unauthorised t by the commander gives gins in ha of any kind to the enemy or hoM Intercourse with him He Be is In al at always ways severely punished If his offense eoa consists c ta ift is betraying baying to the enemy any ft Illg ng the condition safety ac ty plans of they the troops of ot ofie i his ila ie punishment is 18 death de tJi citizen cIU of Rn Rt invaded coo country courtry y yI I give information t to his bIB own govern government go ern ii ment n lit he is J separated by tile the army or t to the army of his biB lion he is a war traitor and def t af la the Ute penalty if a e of an invaded district serves s as asa asa asa a e for fort the enemy or 01 offers to do doso HO so he Is a war traitor sad aad shall suffer death v Thee law Jaw of i war like the criminal taw haW regarding other offenses o makes mak no nod d because of oL sex Sf concerning the t sy say the war tr traitor or the war warre re r rl l of war r Way y be released leased n d by byor bye byn e or parole paro The le is the pledge of individual goic faith fh and honor IIo r to do r to ort olt it hg certain pertain acts adR acc after he who gives the parole shall Jt have baft been n wholly or partly re released teased leased from the power of the captor Owr f parole role i is a DIe ble by dh h The law of war not DOt 1 alto dalm either ett aa u dual dul be o nr BC to he hostile arty army or a or a au apu pu u t of the hostile n government m nt an but outlaw to who tiny may y be stain atom n without trial by any captor more than the modern mod modern m d dern ern law 1 oT or peace e allows all ws such 81 b international international t al outlawry of on OR the contrary it ab abhOrs hors suh outrage The V should follow the committed in consequence lon of proclamation made by what whatever whatever r ey ever cy Civilized Civilised I nations look with Ith horror ll upon offers off of rewards for forthe tie the assassination on of or enemies as u re reo rep laeace into na Common cor Justice a o eaID plain 1 require that the he the manifesto mans loyal in r tem K against ra t the hardships of the be W e k I as much as u the moron common Iamon m of all 11 war admits The T om will wUl throw the bur bar burden bureta barties ties eta at eL the fhe war Jl ich M as lies J within 1145 power on the disloyal l citizens of the tile revolted portion or province produce sub subjecting subJecting them to a stricter police than she Itoe enemies ene l es have to er regular war and If it he be deems deuis I it appropriate or if ir his bis government demands of or him that every citizen shall haJJ by an oath of allegiance or by some other manifest act declare his histo hi f to the t e legitimate government h b may expel transfer t imprison or I revolted citizens who refuse to I pledge anew a as d nt to the law 1 and loyal Joyal to the government O it expedient te to do so NO and whether Tether reliance can be placed d upon mach Mch coh oaths the tile commander or his gov gm government have bave the tae right night to decide TM This Is the substance of general or orders orden orders ders den 1 Some c of I it reads now new as though up Dr Lebet foresaw in 1863 exactly ex exactly exActly the th cedit s that would arise in lit some of the d districts of or the Phillp Philip Philippines pines |