275. Soldiers captured violating armistice are prisoners of war.-Soldiers captured in the act of breaking an armistice must be treated as prisoners of war. Such acts do not justify denunciation of the armistice.1

1 Mr. Oppenheim says: "There is no justification in such circumstances for a renewal of hostilities, unless the behavior of these individuals is approved of or sanctioned by their superiors. If, however, the violation of the armistice by individuals acting on their own initiative be repeated, and if it become evident that the adversary is unable to repress such abuses, there might be no other way, after proper protest, to obtain redress except by denouncing the armistice.' Land Warfare, art. 299; Ariga, p. 555, states that "during the armistice frequent reports were received that Russian soldiers entered the neutral zone in violation of the third article of the protocol, We have never believed, however, that we should make any complaint with regard to this, because it was a question in reality only of small individual infractions which should have no influence upon the general effect of the armistice."

commander in chief of the agree to the following articles:

ART. 1. On the publication of this armistice, hostilities shall cease between the United States and points along the frontier of

between

forces at all

and

ART. 2. The armistice shall continue until noon on the day of and until such further time as is hereinafter mentioned.

give

ART. 3. Either side may at any time on or after the said day of days' notice of its intention to determine the armistice, and the armistice shall be determined at the expiration of such days. Notice shall be given by writing, stating the intention to determine the armistice, and sent from the headquarters of one army to the headquarters of the other army. In reckoning time for the purpose of the said _____ days' notice, the day on which the notice is given, at whatever hour the same may be given, shall be reckoned as an entire day, and the armistice shall expire at midnight on the day succeeding the day on which the notice is given. ART. 4. The lines of demarcation shown on the attached map shall be strictly adhered to during the armistice. The territory lying between the two lines of demarcation shall be strictly neutral, and any advance into it by any member of either army is prohibited except for the purposes of communication between the two armies. Neither army shall extend its line in a direction beyond the points

or

shown as the extremities of their respective lines.

ART. 5. Subject to the restrictions mentioned in the fourth article, as respects making an advance into the neutral territory, either army may take measures to strengthen its position, and may receive reinforcements and stores of warlike and other material, and may do any other act not being an act of direct hostility.

ART. 6. During the two days following the day on which this armistice is ratified, burial parties from both armies shall be

permitted to visit the field of battle of the

for the purpose of burying the dead.

instant,

ART. 7. The main road from A to B via C will be used for communication between the commanders in chief of the two

armies.

ART. 8. During the continuance of the armistice the peaceful inhabitants of the country shall be allowed to pursue their occupations, and to buy from or sell to either army provisions or goods, but any measures consistent with the observance of the articles of the armistice in relation to the neutral territory may be taken by either army to prevent inhabitants, after entering the lines of or obtaining information respecting one army from passing or carrying information to the other army.

1

ART. 9. This armistice shall come into force immediately on its ratification by the commanders in chief of the two armies, and officers shall be dispatched with all speed, from the headquarters of each army, to give notice of the armistice at all points along the line.

APPENDIX B.

FORM OF ARMISTICE.

BETWEEN BESIEGING FORCE AND GARRISON.

A B, general, commander in chief of the United States forces now in

garrison of

and C D, general, commander in chief of the agree to the following articles:

ARTICLE 1. An armistice between the United States troops inand the troops forming the garrison of instant and shall

vesting

shall begin at noon on the

end at noon on the ___ instant.

ART. 2. White flags shall be hoisted simultaneously at the beginning of the armistice, the one at within the United States lines, and the other at Fort

The flags shall be kept flying during the continuance of the armistice and shall be lowered simultaneously at its conclusion. ART. 3. Provisions to the extent of rations shall be supplied daily for the use of the garrison by the besiegers on payment of such sums as may be agreed upon as the value thereof by commissioners to be appointed by the above-named commanders in chief, respectively. The provisions shall be delivered to persons authorized to demand the same by the general commanding the garrison, at such times, and in such places in front of the United States lines, as may be agreed upon by the above-named commanders in chief, and shall be conveyed to the garrison by the persons authorized as above stated.

ART. 4. Save in so far as is provided by article 3, or as may be agreed upon between the above-named commanders in chief,

it is agreed that the garrison shall not attempt to obtain succor, and that no communication whatever shall, during the armistice, take place between the garrison, whether friend or enemy, and a space of around the fortification shall be considered neutral ground, and no person whatever, whether he be a stranger or belonging to the garrison or to the besieging army, shall be allowed to enter on such space without the permission of the above-named commanders in chief.

ART. 5. General

commanding the garrison, engages on behalf of the garrison not to repair the fortifications or to undertake any new siege works, or do any act or thing whatsoever calculated to place the garrison in a better position in regard to its defense; and General on behalf of the United States troops, engages not to undertake any siege works, or to make any hostile move against the garrison, but it is understood that he is at liberty to obtain fresh supplies of provisions or reinforcements of troops.

APPENDIX C.

FORM OF SUSPENSION OF ARMS FOR THE BURIAL OF THE DEAD,

ETC.

General A. B., commanding the United States forces at and General C. D., commanding the forces at agree as follows:

ARTICLE 1. A suspension of arms for the space of three hours, beginning at 10 o'clock and ending at 1 o'clock on this is agreed to for the purpose of burying the dead and withdrawing the wounded.

day of

ART. 2. The beginning of the suspension of arms shall be notified by two white flags hoisted simultaneously, the one within the United States lines, and the other within the lines. The white flags shall continue flying during the suspension of arms, and such flags shall be lowered simultaneously as a signal of the conclusion of the suspension of

arms.

ART. 3. All firing shall cease during the suspension of arms. ART. 4. The United States troops shall not, during the suspension of arms, advance beyond the line, and the troops shall not advance beyond the line. The space between the two lines shall be open to all persons engaged in burying the dead, or in attending to the wounded, or in carrying away the dead or wounded, but to no other persons.

APPENDIX D.

ARMISTICE AGREED ON BY JAPAN AND RUSSIA AT PORTSMOUTH (U. S. A.) OF 5TH SEPTEMBER, 1905.

The undersigned plenipotentiaries of Japan and Russia, duly authorized to that effect by their respective Governments, have agreed on the following terms of the armistice, which will remain in force until the execution of the treaty of peace:

(1) A certain distance (zone of demarcation) shall be fixed to separate the front of the armies of the two powers in Manchuria, and also in the Tumen region.

(2) The naval force of one of the belligerents may not bombard the territory occupied or belonging to the other.

(3) The taking of maritime prizes will not be interrupted by the armistice.

(4) During the armistice no reinforcements may be sent to the theater of war. Those who are on the way from Japan may not be sent north of Mukden, and those on the way from Russia may not be sent south of Harbin.

(5) The commanders of the military and naval forces will arrange the details of the armistice in accordance with principles above enunciated.

(6) The two Governments will issue the order to put this protocol into execution directly after the signature of the treaty of peace.

(Signed)

WITTE.
ROSEN.

(Signed)

KOMOURA.
TAKAHURA.

APPENDIX E.

PROTOCOL OF THE CONDITIONS OF THE ARMISTICE CONCLUDED IN MANCHURIA ON 13TH SEPTEMBER, 1905.

ARTICLE 1. Fighting is suspended throughout the extent of Manchuria.

ART. 2. The space between the front lines of the Japanese and Russian Armies, which are indicated on the maps exchanged with the present protocol, constitutes the neutral zone.

ART. 3. Every person having the least connection with either of the armies is forbidden to enter the neutral zone on any pretext whatsoever.

ART. 4. The road leading from Shuang-miao-tzu to Sha-ho-tzu is to be employed for communication between the two armies.

ART. 5. The present protocol will come into force on the 16th (Russian style 3d) September, 1905, at midday, and will remain in force until the execution of the treaty of peace signed at Portsmouth by the plenipotentiaries of the two powers.

42225°-14- -7