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16. An arm badge (brassard) shall be worn by neutralized individuals, but the delivery thereof shall be regulated by military authority.

17. The commanding generals of the belligerent powers should appeal to the humanity of the inhabitants, and should endeavor to induce them to assist the wounded, by pointing out to them the advantages that will result from so doing. They should regard as inviolable those who respond to this appeal.

(d) The Dead

18. It is forbidden to rob or mutilate the bodies of the dead lying on the field of battle.

19. The bodies of the dead should not be buried until they have been carefully examined, and all articles which may serve to fix their identity, such as names, medals, numbers, pocketbooks, etc., shall have been secured. The articles thus collected from the bodies of the enemy's dead should be transmitted to their army or government.

(e) Who may be made Prisoners of War

20. Individuals who form a part of the belligerent armed force of a state, if they fall into the hands of the enemy, are to be treated as prisoners of war, in conformity with articles 61-78 of these instructions. The same rule is observed in the case of messengers who carry official dispatches openly; and towards aëronauts charged with observing the operations of an enemy, or with the maintenance of communications between the various parts of an army or theater of military operations.

21. Individuals who accompany an army, but who are not a part of the regular armed force of the state, such as correspondents, traders, sutlers, etc., and who fall into the hands of the enemy, may be detained for such length of time only as is warranted by strict military necessity.

(f) Spies

22. Spies captured in the act can not demand to be treated as prisoners of war.

23. An individual may not be regarded as a spy, however, who, belonging to the armed force of either belligerent, penetrates, without disguise, into the zone of military operations of the enemy. Nor does the term apply to aëronauts or to couriers or messengers who carry openly and without concealment the official dispatches of the enemy.

24. No person charged with being a spy shall be punished for that offense until the fact of his guilt shall have been established before a competent military tribunal.

25. A spy who succeeds in quitting the territory occupied by an enemy incurs no penalty for his previous offense, should he at any future time fall into the hands of that enemy.

(g) Flags of Truce

26. The bearer of a flag of truce who, with proper authority from one belligerent, presents himself to the other for the purpose of communicating with him, is entitled to complete inviolability of person.

27. He may be accompanied by a drummer or trumpeter, by a colorbearer, and, if need be, by a guide and interpreter, all of whom shall be entitled to a similar inviolability of person.

28. The commander to whom a flag is sent is not obliged to receive the flag under all circumstances.

29. The commander who receives a flag has a right to take such precautionary measures as will prevent his cause from being injured by the presence of an enemy within his lines.

30. If the bearer of a flag of truce abuse the trust reposed in him, he may be temporarily detained, and, if it be proven that he has taken advantage of his position to abet a treasonable act, he forfeits his character of inviolability.

(B) RULES OF CONDUCT WITH REGARD TO THINGS

(a) Means of Injuring the Enemy.

Bombardments

Certain precautions are made necessary by the rule that a belligerent must abstain from useless severity. In accordance with this principle, 31. It is forbidden:

(a) To pillage, even places taken by assault.

(b) To destroy public or private property, unless such destruction be demanded by urgent military necessity.

(c) To attack, or bombard, open or undefended towns.

32. The commander of an attacking force, save in cases of open assault, shall, before undertaking a bombardment, make due effort to give notice of his intention to the local authorities.

33. In case of bombardment all needful measures shall be taken to spare, if it be possible to do so, buildings devoted to religion and charity, to the arts and sciences, hospitals, and depots of sick and wounded. This on condition, however, that such places be not made use of, directly or indirectly, for purposes of defense.

34. It is the duty of the besieged to designate such buildings by suitable marks or signs, indicated, in advance, to the besieger.

(b) Sanitary Establishments

The arrangements for the relief of the wounded, which are made the sub ject of article 10 et seq. of the Geneva Convention, would be inadequate to their purpose were not sanitary establishments granted equal protection. Hence, in accordance with the rules of the Geneva Convention,

35. Ambulances and military hospitals are recognized as neutral, and. as such, are to be protected by belligerents, so long as any sick or wounded remain therein.

36. The same rule applies to buildings, or parts of buildings, in which the sick or wounded are gathered together or cared for.

37. The neutrality of hospitals and ambulances ceases if they are guarded by a military force. This does not preclude the presence of an adequate police force.

38. As the equipment of military hospitals remains subject to the laws of war, persons attached to such hospitals can not, in withdrawing, carry any articles but such as are their private property. Under the same circumstances, an ambulance shall, on the contrary, retain its equipment.

39. Under the circumstances foreseen in the above paragraphs, the term "ambulance" is applied to field hospitals and other temporary establishments which follow the troops on the field of battle to receive the sick and wounded.

40. A distinctive and uniform flag is adopted for ambulances, hospitals, and evacuations. It bears a red cross on a white ground. It must, on all occasions, be accompanied by the national flag.

II. Occupied Territory

(4) DEFINITION

41. Territory is regarded as occupied when, as the consequence of its invasion by the enemy's forces, the state from which it has been taken has ceased, in fact, to exercise there its regular authority, and the invading state alone finds itself able to maintain order therein. The limits within which this state of affairs exists determine the extent and duration of the occupation.

(B) RULES OF CONDUCT WITH RESPECT TO PERSONS

42. It is the duty of the occupying military authority to inform the inhabitants, at the earliest practicable moment, of the powers that he exercises, as well as to define the limits of the occupied territory.

43. The occupying authority should take all due and needful measures to assure order and public tranquillity.

44. To that end the invader should maintain the laws in force in the territory in time of peace, and should not modify, suspend, or replace them, unless it becomes absolutely necessary to do so.

45. The administrative officials and civil employees of every grade who consent to continue in the performance of their duties should be supported and protected by the occupying authority. Their appointments are always revocable, and they have the right to resign their places at any time. They should be subjected to penalties only when they fail to perform duties freely accepted by them, and should be given over to justice only when they have betrayed them.

46. In case of urgency, the invader may demand the coöperation of the inhabitants, to enable him to provide for the necessities of local administration.

47. The population of an invaded district can not be compelled to swear allegiance to the hostile power; but individuals who commit acts of hostility against the occupying authority are punishable.

48. The inhabitants of an occupied territory who do not submit to the orders of the occupying authority may be compelled to do so. The invader, however, can not compel the inhabitants to assist him in his works of attack or defense, or to take part in military operations against their own country.

49. Family honor and rights, the lives of individuals, as well as their religious convictions, and the right of religious worship should be respected.

(C) RULES OF CONDUCT WITH REGARD TO PROPERTY

(a) Public Property

Although the authority of the invader replaces that of the government of the occupied territory, his power is not absolute. So long as the fate of the territory remains in suspense that is, until the peace - the invader is not free to dispose of property which still belongs to the enemy, and which is not of direct use to him in his military operations. From these principles the following rules are deduced:

50. The occupying authority may seize only the cash, public funds, and bills due or transferable, belonging to the state in its own right, depots of arms and supplies, and, in general, the movable property of the state, of such character as to be useful in military operations.

51. Means of transportation (railways, boats, etc.), as well as telegraph lines and landing cables, can only be appropriated to the use of the invader. Their destruction is forbidden, unless it be demanded by military necessity. They are to be restored, at the peace, in the condition in which they are at that time.

52. The invader can only act in the capacity of a provisional administrator in respect to real property, such as buildings, forests, agricultural establishments, etc., belonging to the enemy's state. He should protect these properties and see to their maintenance.

53. The property of communes, and that of establishments devoted to religious worship, and to the arts and sciences, can not be seized. All destruction or intentional defacement of such establishments, of historic monuments or archives, or of works of science or art, is formally prohibited, save when demanded by urgent military necessity.

(b) Private Property

If the powers of the invader are limited with respect to the public property of the enemy's state, with greater reason they are limited with respect to the private property of individuals.

54. Private property, whether belonging to individuals or corporations, is to be respected, and can be confiscated only under the limitations contained in the following articles:

55. Means of transportation (railways, boats, etc.), telegraphs, factories of arms and munitions of war, although belonging to private individuals or corporations, may be seized by an invader, but must be restored at peace; if possible, with suitable indemnities.

56. Impositions in kind (requisitions) levied upon communes of the residents of invaded districts should bear direct relation to the generally recognized necessities of war, and should be in proportion to the resources of the district. Requisitions can only be made, or levied, with the authority of the commanding officer of the occupied district.

57. The invader may levy, in the way of dues and imposts, only such as are already established for the benefit of the State revenues. He employs them to defray the expenses of administration of the occupied territory, contributing in the same proportion in which the legal government was bound.

58. The invader can not levy extraordinary contributions of money, save as an equivalent for fines, or imposts not paid, or for payments not made in kind. Contributions in money can only be imposed by the order, and upon the responsibility, of the general in chief, or that of the superior civil authority established in the occupied territory; and then, as nearly as possible, in accordance with the rule of apportionment and assessment of existing imposts.

59. In the apportionment of burdens relating to the quartering of troops, and in the levying of requisitions and contributions of war, account is to be made of the charitable zeal displayed by the inhabitants in behalf of the wounded.

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