they can be so aided without neglecting the sick and wounded of either belligerent.1

1 Opp., Land Warfare, art. 177 and note.

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105. Sick and wounded abandoned.-G. C., art. 1, par. 2 A belligerent, however, when compelled to leave his sick or wounded in the hands of his adversary, shall leave with them, so far as military conditions permit, a portion of the personnel and matériel of his sanitary service to assist in caring for them. 1 The ommission of the words "sick or in the official translation is clearly a typographical error. Vide original French and translation, Appendix 9, p. 186.

106. Determination of the exigency.-Necessarily the commander of the army, who is compelled by the military situation to abandon his wounded, must determine what the precise exigencies of the situation permit him to do with regard to leaving his medical personnel and matériel behind for the care of his wounded and sick; but it is clearly intended by this article that he shall relieve the victor left in possession of the battle field, as far as practicable, of the additional burdens involved in the care of the enemy sick and wounded as well as his own.1

1 Holland, War on Land, p. 28, par. 42.

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107. Prisoners of war.-G. C., art. 2, par. 1. Subject to the care that must be taken of them under the preceding article, the sick and wounded of an army who fall into the power of the other belligerent become prisoners of war, and the general rules of international law in respect to prisoners become applicable to them.1

1 Vide Hague Con. V, Art. XIII post, Chap. XI, pars, 417-418 and 422. 19 108. Agreements, exceptions, and mitigations G. C., art. 2, par. 2. The belligerents remain free, however, to mutually agree upon such clauses, by way of exception or favor, in relation to the wounded or sick as they may deem proper. They shall especially have authority to agree

(a) To mutually return the sick and wounded left on the field of battle after an engagement.

(b) To send back to their own country the sick and wounded who have recovered, or who are in a condition to be transported and whom they do not desire to retain as prisoners.

(c) To send the sick and wounded of the enemy to a neutral State, with the consent of the latter and on condition that it shall charge itself with their internment until the close of hostilities.

109. Suggestions merely.These must be regarded purely as suggestions to commanders as proper relaxations of the rigor of the rules applicable to the wounded or sick, since commanders are free to agree" as to the foregoing, as well as to many

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other questions not suggested by these rules, regardless of this article of the convention.1

1 Holland, War on Land, p. 28, art. 43.

110. Search of battle field.-G. C., art. 3, par. 1. After every engagement the belligerent who remains in possession of the field of battle shall take measures to search for the wounded and to protect the wounded and dead from robbery and illtreatment.

111. Police of battle field. The foregoing duty of policing the field of battle imposed upon the victor after the fight contemplates that he shall take every means in his power to comply therewith."

1 For regulations governing this subject see F. S. R., 1914, pars. 231, 349; vide also, Ariga, pp. 153-158, Takahashi, pp. 152, 154.

112. Punishment of violations of article.-The obligations imposed upon commanders as to protection of the wounded and sick from pillage and maltreatment contemplate that all guilty persons, whether subject to military law or civilians, shall be severely punished for acts of pillage and maltreatment of the wounded and dead. No statute has been passed by Congress specifically applicable to the punishment of violators of this article since the convention was agreed to and as contemplated by article 28 of the same convention. In the absence of such legislation, however, offenders, both military and civilian, will be proceeded against as marauders by commanding officers in the field.1

1 Vide Chap. X, pars. 171, 374, and notes. Curry v. Collins, 37 Mo., 324, 328.

113. Rolls to be sent to enemy.-G. C., art. 4, par. 1. As soon as possible each belligerent shall forward to the authorities of their country or army a list of names of the sick and wounded taken in charge by him.1

1 Vide post, par. 166.

* * *

114. Internments, changes, and admissions must be mutually noticed.-G. C., art. 4, par. 2. Belligerents will keep each other mutually advised of internments and transfers, together with admissions to hospitals and deaths which occur among the sick and wounded in their hands.

115. The foregoing provisions relate obviously to the wounded and sick of the enemy, since the duties referred to with regard to wounded, sick, and dead of his own army will be regulated by the internal laws of the belligerent. The proper channel of communication of such information to the enemy is through the Prisoner's Bureau of Information.

116. Appeals to inhabitants in behalf of wounded, etc.-G. C., art. 5. Military authority may make an appeal to the charitable zeal of the inhabitants to receive and, under its supervi

sion, to care for the sick and wounded of the armies, granting to persons responding to such appeals special protection and certain immunities.1

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1 Art. 5, Gen. Con., 1864. "Inhabitants of the country who may bring help to the wounded shall be respected and shall remain free. The generals of the belligerent powers shall make it their duty to inform the inhabitants of the appeal addressed to their humanity and of the neutrality which will be the consequence of it. Any wounded man entertained and taken care of in a house shall be considered as a protection thereto. Any inhabitant who shall have received wounded men into his house shall be exempted from the quartering of troops, as well as from a part of the contributions of war which may be imposed."

117. Modification of convention of 1864.-The corresponding article of the Geneva convention of 1864 is so modified in this that commanders in the field are relieved of the suggested obligation of informing the inhabitants of the appeal addressed to their humanity. It also withdraws the privileges contained in the convention of 1864, and very properly places the entire subject under military supervision. The collection and removal of the wounded are best performed under military supervision, even when the labor must be requisitioned, because it is only under such supervision that it can be properly regulated and controlled.1

1 The modification of the article of 1864 was due to the fact that, in the absence of military supervision, opportunities were afforded for pillage and maltreatment of the dead and wounded. It was also found that the effect of the article was not to ameliorate the condition of the wounded, but to encourage the inhabitants to move wounded men who should not be removed and to prevent them from receiving proper medical treatment when most needed. Vide Opp., Land Warfare, pars. 182-183.

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SANITARY FORMATIONS AND ESTABLISHMENTS.

118. Privileges of the sanitary formations.-G. C., art. 6. Mobile sanitary formations (i. e., those which are intended to accompany armies in the field) and the fixed establishments belonging to the sanitary service shall be protected and respected by belligerents.

119. What are mobile sanitary formations.-By mobile sanitary formations must be understood all organizations which follow the troops on the field of battle. In our service is included the following: (1) Regimental equipment; (2) Ambulance companies; (3) Field hospitals; (4) The reserve medical supply; (5) The sanitary column, including (a) Ambulance column, (b) Evacuation hospital; (6) Hospital trains; (7) Hospital boats; (8) Red Cross transport column.1

1 Vide Medical Manual, pars. 601, 626, 651, 681, 688, 697, 726. 120, Fixed establishments.-The term "fixed establishments' is clearly intended to cover stationary or general hospitals, whether actually movable or located on the line of communi

cations, or at a base, and in our service would include: (1) The base medical supply depot; (2) Base hospitals; (3) Casual camps; (4) Convalescent camps; and (5) Red Cross hospital columns.1

1 Vide Medical Manual, pars. 713, 720-722, also Cir. 8, S. G. O., 1912.

121. What meant by respect and protection. By “respect and protection" it is intended that they shall not be fired upon and shall be protected in the discharge of their duties, and this is applicable to both classes, irrespective of the fact of the actual presence therein of the sick or wounded. They are protected from deliberate attack.1

1 Vide post, G. C., art. 9, par. 130. Land Warfare, Opp., par. 184, and note 1.

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122. Must not commit harmful acts.-G. C., art. 7. The protection due to sanitary formations and establishments ceases if they are used to commit acts injurious to the enemy.

123. Cessation of immunity for harmful acts. By cessation of protection is understood that these units may be fired on and the personnel taken prisoners and in a proper case reprisals may be resorted to. As examples of harmful acts may be cited-taking part in the campaign, sheltering spies or combatants, placing these units directly in the line of fire of the enemy, or in a strategic position, where they restrict military operations or conceal guns, or making use of sanitary trains to transport effectives, etc. Since sanitary formations should be placed in concealed points where protected from the enemy's fire, the placing of such units as indicated may excuse their being fired upon and the detention of their personnel, but before firing upon them it is best, if possible, to direct them to withdraw.1

1 In the French Conventions Internationales 'concernant La Guerre sur Terre, p. 65, art. 7, note, it is stated, in explanation of what is meant by "protection ceases," that "in such case it is permitted to fire upon these formations and make them prisoners. Under certain circumstances where there is a manifest abuse of the immunity reprisals may be resorted to." And in explanation of the injurious acts referred to says: "Whether in a direct manner, by taking part in the combat or indirectly, for example, when the sanitary trains are used for the transport of effective combatants," etc. "A distinction must be drawn between an act intentionally injurious and where, by its presence only, a sanitary establishment interferes with a military operation, or again, where the sanitary personnel is found in the midst of the enemy troops, could give information of the dispositions made. In such case the respect due to the personnel ceases to be obligatory, but only to the extent demanded by the conduct and security of the operations. In other words, the sanitary service can be ordered to retire, and, if it is necessary, this personnel can be forcibly detained.' Vide, also, Ariga, pp. 207 et seq.

124. Acts which will not forfeit protection.-G. C., art. 8. A sanitary formation or establishment shall not be deprived of the protection accorded by article 6 by the fact:

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. What meant by self-defense.-Although the sanitary personnel 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. Pickets and sentinels. 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. Guard for medical unit protected.-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 personnel while so employed.

128. Written order indispensable. It is indispensable, however, that such picket or sentinel be provided with a written order that he can show to the adversary. 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. Weapons and cartridges.-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 establishment.1

1 These arms and ammunition should be turned in as soon as practicable, and, in any event, are subject to confiscation.

PERSONNEL.

130. Privileges of personnel.-G. C., art. 9. The personnel charged exclusively with the removal, transportation, and treatment of the sick and wounded, as well as with the administration of sanitary formations and establishments, and the chaplains 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 2 of article 8.