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CHAPTER II

The Laws of War

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SECTION 1.-Origin and development

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Patriarchal governments—Nomadic tribes—The stabilizing

influence of agriculture—The growth of cities—The de-

velopment of commerce-The whole world as one state

-War's part in the evolution-Early rules governing

warfare—The beginning of the laws of war proper-

The period of abasement—The influence of Christian-

ity and chivalry—Change from medieval to modern times

- Birth of doctrine of military necessity—The decline of

pillageViews of the Revolutionary War period—Modifi-

cation of the doctrine of conquest—The Declaration of

Paris, 1856—General Order No. 100, 1863—Contribution

of our Civil War period—The early Geneva Conventions

-The Declaration of St. Petersburg, 1868—The Brus-

sels Conference of 1874–The Institute of International

Law, 1880—The Hague Conference of 1899—The Geneva

Convention of 1906—The Second Hague Peace Confer-

ence, 1907—Conference on Limitation of Armament,

1921–Present situation respecting the laws of war-

Trend and possible development.

SECTION II.—General survey of the modern laws of war--

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Position in the realm of law-Definition-Distinguishing

characteristics—Where the laws of war may be found

-Topical subdivisions.

SECTION III.-Laws of war as affecting the rights of our own

people

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The taking or destruction of private property-Arrest and

restraint.

SECTION IV.-Laws of war as affecting intercourse between

enemies

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Rule of non-intercourse-Exceptions to the above rule.

SECTION V.-General principles governing the conduct of war-- 42

War waged against the state and not against individuals

-Operations of war carried on by legitimate forces of

the state-Authorized weapons and means of warfare

_Truces and conventions—Treatment of prisoners of

War—Punishment of persons guilty of violation of the

laws of war.

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SECTION II.—Military government in Porto Rico

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The problem in general-Division into periods—How the

periods differed in character-Legal aspect of the third

period—Reason for ratification by Congress—Govern-

mental reforms—Plan of the new government-Initial

proclamation and supplemental orders—Local conditions

-The judicial situation-Laws which automatically be

came obsolete-Laws which required immediate amend-

ment-Other legislation—Legislative errors—Dangers to

be_guarded against—Military government organization

-Transition to the new civil government.

SECTION III.—Military government in Cuba

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The Cuban problem-Division into periods—General Orders

No. 101, A.G.O., 1898-Arrival of General Brooke-Gen-

eral Brooke's proclamation-Staff organization-Govern-

mental reorganization-Retention of civil officials—Mu-

nicipalities—Laws-Agriculture, commerce, industries,

and public works—Taxes—View of General Brooke as to

governmental plan—View of the new military governor

-Governmental organization and operation–Military or-

ganization Provincial civil administration–Efforts to

reduce the number of municipalities Reduction of police

force—Sanitary work—Supplying horses, cattle, and

farming implements—The new electoral law_The_Con-

stitutional Convention—The intervention of 1906—Taxes

on incomes.

SECTION IV.-Military government in Germany

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The Allied situation-Division into periods—Attitude of the

German people-Adaptability of the German system to

military government-Marshal Foch's proclamation-

High command organization-American representation

on commissions—The Hoover Commission—The Ameri-

can problem-Entry into Luxemburg—General Per-

shing's proclamation to the Germans—Memorandum No.

4, Third Army-Allied influence upon our system-Con-

trol by General Headquarters-American organization-

Third Army as an agency of civil control-Off of Civ

il Affairs, Third Army-Policy of American military au-

thorities in economic matters—Suppression of labor dif-

ficulties—Continuance in office of civil officials-Bil-

leting-Requisitions-Liquor traffic—Punishments and

restrictions prescribed by Marshal Foch-Public utilities

-Complications during second period.

SECTION V.Comparison of American, French, and British sys-

tems

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General considerations—The French system—The British

system-Application of certain principles compared.

SECTION VI.Recapitulation of important points and principles-- 131

Authority and general policy-Control—Treatment of inhabi-

tants—Legislation Local officials—Public services and

utilities—Payment for private property-Requisitions-

Contributions--Administration of justice-Keeping mili-

tary and civil administrations separate.

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APPENDIX A.-Forms and examples of official papers relating to

the laws of war

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Safeguard—Safe conduct_Correspondent's pass—Passport-

Certificate of identity for civilian employees—Certificate

of identity for persons attached to sanitary service-Car-

tel (agreement for general exchange of prisoners of war)

-Parole of commissioned officers-Oath administered to

paroled enlisted men-Parole of civilians—Parole not to

return within lines—Pass issued to paroled prisoners of

war-Order directing release from parole Order revok-

ing parole—Order respecting violation of parole-Order

constituting parole board_Order directing taking of oath

of allegiance-Oath of allegiance-Obligation not to

bear arms-Bond for release-Order to send prisoners of

war under flag of truce—Communication accompanying

prisoners of war sent under flag of truce Order outlin-

ing manner of receiving a flag of truce-Order respect-

ing wanton damage, etc., to private property-Order re-

specting damage, etc., to private property due to military

operations—Order against pillaging-Order directing re-

taliation—Declaration of blockade —Communication au-

thorizing part of population to leave a besieged place

Suspension of arms for burial of the dead, etc.—Armis-

tice between opposing forces—Agreement respecting en-

trance of troops of a belligerent into neutral territory-

Capitulation–Extracts from international conventions

and conferences.

APPENDIX B.Forms, etc., relating to military government----- 293

Letter of Instructions from President respecting exercise of

military government–G-2 Digest of Information respect-

ing hostile territory to be occupied—Proclamation an-

nouncing establishment of military government-Pro-

posed initial order publishing supplemental regulations

—Proposed order establishing military tribunals-Pro-

posed form for summons to appear before provost court

-Proposed form for record of trial by provost court

Proposed form of receipt for supplies—Classification of

property in occupied territory-Order against fraterni-

zation, pillaging, etc., in Germany-Anordnungen (rules

and regulations) issued in Germany--"Orders No. 1

providing for the organization of civil affairs in Ger-

many—Order issued in Germany showing relaxation of

restrictions and other changes infuenced by the Inter-

Allied Rhineland High Commission.

APPENDIX C.-Forms, etc., relating to domestic disturbances 311

President's proclamation required by R.S. 5300 before federal

aid is furnished to State civil authorities under R.S. 5297

-President's proclamation required by R.S. 5300 before

federal aid is furnished to United States civil authori.

ties under R.S. 5298—Orders emanating from President

directing employment of federal troops-Proposed form

of order from corps area commander to commander of

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