APPENDIX.

The following blanks were prepared in the office of the Quartermaster's Corps for use of officers in making requisitions. They are issued in triplicating books so arranged that one copy can be sent to proper headquarters, one copy given to the party from .whom articles are requisitioned, and one copy retained.

I certify that I have received the above stores. That I have (have not) paid for same and that they will be taken up and accounted for on my

Under Art. 52, Hague Convention October 18, 1907, respecting laws and customs of war on land. 32 Stats., Part 2, Page 1823.

at

within 30 days of its date.

Instructions to holder.

This receipt should be delivered to

(Name of disbursing officer.)

(Address of disbursing officer.)

The holder will request a certificate of acknowledgment at the time of turning in this receipt, which is intended to safeguard his interests in case of loss of this receipt while in transit or during adjustment.

The holder is informed that this receipt will be examined and inquired into and that he may be required to present satisfactory evidence as to his title, etc., to the property taken before payment is made.

No payment can be made under any circumstances whatever until this receipt has been turned in.

CHAPTER X.

PENALTIES FOR VIOLATIONS OF THE LAWS OF WAR.

363. Violations by belligerent party.-H. Con. IV, Art. III. A belligerent party which violates the provisions of the said regulations shall, if the case demands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part of its armed forces.1

1 See also Hague Con., IV, Art. I; H. R., Art. LVI, par. 2; and Gen. Con., art. 28.

364. Penalties for States.-From the inherent nature of war as a last remedy of States, and from the nature of governments themselves, no penalties can be directed against the State itself, although certain practical measures are recognized in international law for securing the legitimate conduct of war by belligerents which will be considered under the following heads: (a) Public complaints; (b) punishment of individuals; (c) reprisals or retaliation; and (d) taking hostages.

(A) COMPLAINTS.

365. Complaints.-(1) Complaints through the public, and especially foreign, press have force solely through the formation of adverse public opinion, which no nation at war can afford to disregard.

(2) Complaints sent through neutral States-the only channel of diplomatic intercourse-may result in mediation or good offices, or intervention.1

1 Ariga, p. 253.

(3) Complaints sent direct by parlementaires made use of between commanders of belligerent forces produce results in the future avoidance of acts complained of or in the punishment of offenders for violations of the laws of war."

2 Ariga, p. 286.

(B) PUNISHMENT OF INDIVIDUALS.

WAR CRIMES.

366. Offenses committed by armed forces.-The principal offenses of this class are: Making use of poisoned and otherwise forbidden arms and ammunition; killing of the wounded; refusal of quarter; treacherous request for quarter; maltreat

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ment of dead bodies on the battle field; ill treatment of prisoners of war; breach of parole by prisoners of war; firing on undefended localities; abuse of the flag of truce; firing on the flag of truce; abuse of the Red Cross flag and emblem; and other violations of the Geneva Convention; use of civilian clothing by troops to conceal their military character during battle; bombardment of hospitals and other privileged buildings, improper use of privileged buildings for military purposes; poisoning of wells and streams; pillage and purposeless destruction; ill-treatment of inhabitants in occupied territory. Individuals of the armed forces will not be punished for these offenses in case they are committed under the orders or sanction of their government or commanders. The commanders ordering the commission of such acts, or under whose authority they are committed by their troops, may be punished by the belligerent into whose hands they may fall.

1 Land Warfare, Opp., par. 118.

1

367. Effect of disregard of war law by entire corps.-When an entire corps, or body of troops, systematically disregards the laws of war, e. g., by refusal of quarter, any individuals belonging to it who are taken prisoners may be treated as implicated in the offense.1

1 Laws of War on Land, Holland, par. 118.

368. Refusal of quarter.-All troops of the enemy known or discovered to give no quarter in general, or to any portion of the army, receive none.1

1 G. O. 100, 1863, art. 62: “ Quarter having been given to an enemy" by American troops, under a misapprehension of his true character, he may, nevertheless, be ordered to suffer death if, within three days after the battle, it be discovered that he belongs to a corps which gives no quarter." G. O. 100, 1863, Art. 66. Vide par. 183, supra.

369. Hostilities committed by individuals not of armed forces.-Persons who take up arms and commit hostilities without having complied with the conditions prescribed for securing the privileges of belligerents, are, when captured by the enemy, liable to punishment for such hostile acts as war criminals.

If

370. War rebels.-War rebels are persons within an occupied territory who rise in arms against the occupying or conquering army, or against the authorities established by the same. captured, they may suffer death, whether they rise singly, in small or large bands, and whether called upon to do so by their own, but expelled government or not. They are not prisoners of war; nor are they, if discovered and secured before their conspiracy has matured to an actual rising or armed violence.', 1 G. O. 100, 1863, art. 65.

371. Highway robbers and pirates of war.-Men, or squads of men, who commit hostilities, whether by fighting, or by inroads

for destruction or plunder, or by raids of any kind, without commission, without being part and portion of the organized hostile army, and without sharing continuously in the war, but who do so with intermitting returns to their homes and avocations, or with the occasional assumption of the semblance of peaceful pursuits, divesting themselves of the character or appearance of soldiers-such men, or squads of men, are not public enemies, and, therefore, if captured, are not entitled to the privileges of prisoners of war, but shall be treated summarily as highway robbers and pirates.1

1 G. O. 100, 1863, art. 82.

372. Acts punished as war treason.-Some of the principal acts punished as treasonable by belligerents in invaded territory, when committed by the inhabitants, are espionage, supplying information to the enemy, damage to railways, war material, telegraphs, or other means of communication; aiding prisoners of war to escape; conspiracy against the armed forces of the enemy or members thereof; intentional misleading of troops while acting as guides; voluntary assistance to the enemy by giving money or serving as guides; inducing soldiers to serve as spies, to desert, or to surrender; bribing soldiers in the interest of the enemy; damage or alteration to military notices and signposts in the interests of the enemy; fouling sources of water supply and concealing animals, vehicles, supplies, and fuel in the interest of the enemy; knowingly aiding the advance or retirement of the enemy; circulating proclamations in the interests of the enemy.1

1 Land Warfare, Opp., par. 445.

1

373. Armed prowlers.-Armed prowlers, by whatever names they may be called, or persons of the enemy's territory, who steal within the lines of the hostile army for the purpose of robbing, killing, or of destroying bridges, roads, or canals, or of robbing or destroying the mail, or of cutting the telegraph wires, are not entitled to the privileges of the prisoner of war.1 1 G. O. 100, 1863, art. 84.

374. Marauders.-Marauders are individuals, either civilians or soldiers, who have left their corps, and who follow armies on the march or appear on battlefields, either singly or in bands, in quest of booty, and rob, maltreat, or murder stragglers and wounded, and pillage the dead. Their acts are considered acts of illegitimate warfare, and the punishment is imposed in the interest of either belligerent.1

1 The foregoing definition is taken from Land Warfare, Opp., par. 488. See also Curry v. Collins, 37 Mo., 324, 328, where the court says: "A marauder is one who while employed in the army as a soldier commits larceny or robbery in the neighborhood of the camp or while wandering away from the army (2 Bouv. Law Dict., 133). But in

the modern and metaphysical sense of the word, as now sometimes used in common speech, the word seems to be applied to a class of persons who are not a part of any regular army, and are not answerable to any military discipline, but who are mere lawless banditti, engaged in robbery, murder, and all conceivable crimes." See pars. 112 and 171.

375. Other crimes.-There are many other crimes or offenses which are the result of war and which a belligerent may forbid and punish in the maintenance of order and the safety of his army, such as evasion of censorship regulations; making false claims for damage; making false accusations against the troops; furnishing liquor to soldiers; being in possession of animals, stores, or supplies pertaining to the army, and, generally, neglect and disobedience of orders of the Government, including police and sanitary regulations. All such crimes should be defined and the liability to punishment therefor made known to the inhabitants.1

1 Land Warfare, Opp., par. 446. See also note 2 to par. 302, supra. 376. Trials. In every case trial of individuals before military or other courts designated by the belligerent should precede punishment.1

1 Hague Conference, 1899, p. 146.

377. Punishments.-All war crimes are subject to the death penalty, although the fact of trial indicates that a lesser penalty may be pronounced. The punishment should be deterrent, and in imposing a sentence of imprisonment it is not necessary to take into consideration the end of the war, which fact does not necessarily limit the imprisonment imposed. Any other construction of this would result in belligerents imposing the extreme penalty of death in all cases.1

1 Land Warfare, Opp., pars. 450-451.

378. Crimes punishable by all penal codes, such as arson, murder, maiming, assaults, highway robbery, theft, burglary, fraud, forgery, and rape, if committed by an American soldier in a hostile country against its inhabitants, are not only punishable as at home, but in all cases in which death is not inflicted, the severer punishment shall be preferred.1

4 G. O., 100, 1863, art. 47. See also A. W. 58

(C) REPRISALS.

379. Reprisals.-Reprisals are acts of retaliation, resorted to by one belligerent against the enemy individuals or property for illegal acts of warfare committed by the other belligerent, for the purpose of enforcing future compliance with the recognized rules of civilized warfare.1

1 The following rules were adopted at the Inst. of Int. Law at Oxford, arts. 85 and 86:

"Reprisals are formally forbidden in all cases in which the wrong complained of has been redressed.