網頁圖片
PDF
ePub 版
[graphic]

.19.

No...

No..

[blocks in formation]
[blocks in formation]

The bearer of this.

(Name.)

is a civilian employee of the Army of the United States and
is employed as a.

He is entitled under the laws of war, if captured, to the privi-
leges of a prisoner of war.

[blocks in formation]

(Rank of officer.)

(Reverse side completed before signature.)

To be four by eight inches, perforated as indicated, bound in books to retain stubs, and numbered consecutively. To be printed on a light-weight bond paper; the certificate to be folded to about the size of a postage stamp and carried in a small aluminum container suspended by a tape around the neck; container to have stamped on it the same number as the certificate issued.

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][ocr errors][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

CHAPTER V.

THE SICK, WOUNDED, AND DEAD.

100. Regulations concerning, where found.-H. R., Art. XXI. The duties of belligerents with regard to the wounded and sick are governed by the Geneva Convention (of 1906).1

1 The convention for the amelioration of the condition of the sick and wounded of armies in the field, July 6, 1906, became operative six months after signature (art. 30). When duly ratified it replaced the convention at Geneva of Aug. 22, 1864, between the contracting states. The latter convention remains operative between those signatories who did not ratify the subsequent convention of 1906 (art. 31). Other powers were authorized to subsequently ratify the convention of 1906, and it became operative as to them within one year from date of ratification in case no one of the parties filed an objection thereto (art. 32). Any party to this convention can denounce the same by written notice. Such denunciation becomes operative one year after receipt of such written notice (art. 33).

101. Duties of neutral powers. The duties of neutral powers as regards wounded and sick, who are permitted to enter their territories, are dealt with in the "Convention concerning the rights and duties of neutral powers and persons" at The Hague in 1907.1

1 Convention V of The Hague relates to "The rights and duties of neutral persons in warfare on land." Convention XIII relates to neutral rights and duties in maritime war..

THE SICK AND WOUNDED.

102. Care of, obligatory.-G. C., Art. I, par. 1. Officers, soldiers, and other persons officially attached to armies, who are sick or wounded, shall be respected and cared for, without distinction of nationality, by the belligerent in whose power they

are.

103. What persons included.-This provision extends to all belligerents, as previously defined, who may be described as all those persons who may demand the treatment and privileges accorded to prisoners of war.1

1 Vide ante, Ch. III, pars. 42 and Ch. IV.

104. Inhabitants not included.-It does not impose obligations to aid inhabitants or other persons not officially attached to armies who may be wounded by chance or accident as a result of the hostilities in progress. But the dictates of humanity demand that inhabitants so wounded be aided if the other inhabitants are without facilities to give them proper care, and

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

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

1

105. Sick and wounded abandoned.-G. C., art. 1, par, 2.1A 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.

1

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

སོ་་་་

1 Vide Hague Con. V, Art. XIII post, Chap. XI, pars. 417-418 and 422. 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.

[ocr errors]
[ocr errors]

(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.

1. (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 དུ་ནང་སྤྱི་

66

[ocr errors]
[ocr errors]
[ocr errors]

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

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

[ocr errors]

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 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.

[ocr errors]

As soon

113. Rolls to be sent to enemy.-G. C., art. 4, par. 1. 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.

**

[ocr errors]

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

« 上一頁繼續 »