Instructions for the Government of Armies of the United States in the Field: Guerrilla Parties Considered with Reference to the Laws and Usages of War

The Lawbook Exchange, Ltd., 2005 - 73 頁
Foundations of the Laws of War Series. The Foundation of the Modern International Law of War. Known officially as General Orders No. 100, Lieber's code (1863) was the first of its kind. It served as the model for several European eff orts and was an important source for the second and fourth Hague Conventions (1899, 1907). It was an authority during the Nuremberg and Tokyo war crime trials. Its use by the framers of the 1998 Rome Treaty, which established the International Criminal Court, demonstrates its lasting value in our time. Indeed, with only a handful of modifications it is used by the U.S. Military today. This edition, printed by the Adjutant General for use in the Spanish-American War, is unchanged from the original. It is enhanced by Prof. Sheppard's illuminating introductory essay and the addition of Lieber's Guerrilla Parties Considered with Reference to the Laws and Usages of War (1862), which contains several ideas that were used in the Code. Born and educated in Germany, Francis Lieber [1798-1872] was an important political philosopher and a distinguished professor at Columbia College and Columbia Law School who pioneered the study of political science in the United States. His works on constitutional law, international law, military law and political science remain influential. With a New Introduction by Steve Sheppard, William Enfield Professor of Law, University of Arkansas School of Law Francis Lieber


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第 26 頁 - Partisans are soldiers armed and wearing the uniform of their army, but belonging to a corps which acts detached from the main body for the purpose of making inroads into the territory occupied by the enemy. If captured, they are entitled to all the privileges of the prisoner of war.
第 30 頁 - No person having been forced by the enemy to serve as guide is punishable for having done so. 95. If a citizen of a hostile and invaded district voluntarily serves as a guide to the enemy, or offers to do so, he is deemed a war traitor, and shall suffer death.
第 10 頁 - The almost universal rule in remote times was, and continues to be with barbarous armies, that the private individual of the hostile country is destined to suffer every privation of liberty and protection and every disruption of family ties. Protection was, and still is with uncivilized people, the exception.
第 11 頁 - Ever since the formation and co-existence of modern nations' and ever since wars have become great national wars, war has come to be acknowledged not to be its own end, but the means to obtain great ends of state, or to consist in defence against wrong ; and no conventional restriction of the modes adopted to injure the enemy is any longer admitted ; but the law of war imposes many limitations and restrictions on principles of justice, faith, and honor.
第 22 頁 - ... 67. The law of nations allows every sovereign government to make war upon another sovereign state, and, therefore, admits of no rules or laws different from those of regular warfare, regarding the treatment of prisoners of war, although they may belong to the army of a government which the captor may consider as a wanton and unjust assailant.
第 23 頁 - ... intentionally inflicts additional wounds on an enemy already wholly disabled, or kills such an enemy, or who orders or encourages soldiers to do so, shall suffer death, if duly convicted, whether he belongs to the army of the United States, or is an enemy captured after having committed his misdeed. 72. Money and other valuables on the person of a prisoner, such as watches or jewelry, as well as extra clothing, are regarded by the American army as the private property of the prisoner, and the...
第 3 頁 - Law, or any public warning to the inhabitants, has been issued or not. Martial Law is the immediate and direct effect and consequence of occupation or conquest. The presence of a hostile army proclaims its Martial Law. 2. Martial Law does not cease during the hostile occupation, except by special proclamation, ordered by the...
第 31 頁 - ... 100. A messenger or agent who attempts to steal through the territory occupied by the enemy, to further, in any manner, the interests of the enemy, if captured, is not entitled to the privileges of the prisoner of war, and may be dealt with according to the circumstances of the case.
第 13 頁 - ... to hospitals, or other establishments of an exclusively charitable character, to establishments of education, or foundations for the promotion of knowledge, whether public schools, universities, academies of learning or observatories, museums of the fine arts, or of a scientific character — such property is not to be considered public property in the sense of paragraph 31; but it may be taxed or used when the public service may require it.