X.

The United States Government adopted the following rules in 1863 for the

guidance of our armies, and published them in General Order, No. 100,

April 24:--

* * * * *

11. The law of war not only disclaims all cruelty and bad faith concerning

engagements concluded with the enemy during the war, but also the breaking

of stipulations solemnly contracted by the belligerents in time of peace,

and avowedly intended to remain in force in case of war between the

contracting powers.

It disclaims all extortions and other transactions for individual gain;

all acts of private revenge, or connivance at such acts.

Offences to the contrary shall be severely punished, and especially so if

committed by officers.

14. Military necessity, as understood by modern civilized nations,

consists in the necessity of those measures which are indispensable for

securing the ends of war, and which are lawful according to the modern law

and usages of war.

15. Military necessity admits of all direct destruction of life or limb of

armed enemies, and of other persons whose destruction is incidentally

unavoidable in the armed contests of the war; it allows of the capturing

of every armed enemy, and every enemy of importance to the hostile

government, or of peculiar danger to the captor; it allows of all

destruction of property, and obstruction of the ways and channels of

traffic, travel, or communication, and of all withholding of sustenance

or means of life from the enemy; of the appropriation of whatever an

enemy's country affords necessary for the safety and subsistence of the

army, and of such deception as does not involve the breaking of good

faith, either positively pledged regarding agreements entered into during

the war, or supposed by the modern law of war to exist. Men who take up

arms against one another in public war do not cease on this account to be

moral beings, responsible to one another and to God.

16. Military necessity does not admit of cruelty,--that is, the infliction

of suffering for the sake of suffering or revenge,--nor of maiming or

wounding, except in fight, nor of torture to extort confessions. It does

not admit of the use of poison in any way, nor of the wanton devastation

of a district. It admits of deception, but disdains acts of perfidy; and,

in general, military necessity does not include any act of hostility which

renders the return to peace unnecessarily difficult.

27. The law of war can no more wholly dispense with retaliation than can

the law of nations, of which it is a branch; yet civilized nations

acknowledge retaliation as the sternest feature of war. A reckless enemy

often leaves to his opponents no other means of securing himself against

the repetition of barbarous outrage.

28. Retaliation will, therefore, never be resorted to as a measure of mere

revenge, but only as a means of protective retribution, and cautiously and

unavoidably; that is to say, retaliation shall only be resorted to after

careful inquiry into the real occurrence and the character of the misdeeds

that may demand retribution.

33. It is no longer considered lawful--on the contrary it is held to be a

serious breach of the law of war--to force the subjects of the enemy into

the service of the victorious government, except the latter should

proclaim, after a fair and complete conquest of the hostile country or

district, that it is resolved to keep the country, district, or place

permanently as its own, and make it a portion of its own country.

49. A prisoner of war is a public enemy, armed or attached to the hostile

army for active aid, who has fallen into the hands of the captor, either

fighting or wounded, on the field or in the hospital, by individual

surrender or by capitulation.

52. No belligerent has the right to declare that he will treat every

captured man in arms, of a levy en masse, as a brigand or bandit. * * *

56. A prisoner of war is subject to no punishment for being a public

enemy, nor is any revenge wreaked upon him by the intentional infliction

of any suffering, or disgrace by cruel imprisonment, want of food, by

mutilation, death, or any other barbarity.

57. So soon as a man is armed by a sovereign government, and takes the

soldier's oath of fidelity, he is a belligerent; his killing, wounding, or

other warlike acts are no individual crime or offence. * * *

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.

The use of poison in any manner, be it to poison wells, or food, or arms,

is wholly excluded from modern warfare. He that uses it puts himself out

of the pale of the laws and usages of war.

71. Whoever 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 prisoners, and the appropriation of such

valuables or money is considered dishonorable, and is prohibited.

74. A prisoner of war, being a public enemy, is the prisoner of the

government and not of the captor. No ransom can be paid by a prisoner of

war to his individual captor or to any officer in command. The government

alone releases captives, according to rules prescribed by itself.

75. Prisoners of war are subject to confinement or imprisonment, such as

may be deemed necessary on account of safety, but they are to be subjected

to no other intentional suffering or indignity. The confinement and mode

of treating a prisoner may be varied during his captivity, according to

the demands of safety.

76. Prisoners of war shall be fed upon plain and wholesome food whenever

practicable, and treated with humanity. They may be required to work for

the benefit of the captor's government, according to their rank and

condition.

77. A prisoner of war who escapes, may be shot or otherwise killed in his

flight, but neither death nor any other punishment shall be inflicted upon

him, simply for his attempt to escape, which the law of war does not

consider a crime. Stricter means of security shall be used after an

unsuccessful attempt at escape. * * *

109. The exchange of prisoners of war is an act of convenience to both

belligerents. If no general cartel has been concluded it cannot be

demanded by either of them. No belligerent is obliged to exchange

prisoners of war. A cartel is voidable as soon as either party has

violated it.

119. Prisoners of war may be released from captivity by exchange and under

certain circumstances, also by parole.

120. The term parole designates the pledge of individual good faith and

honor to do, or to omit doing, certain acts after he who gives his parole

shall have been dismissed wholly or partially from the power of the

captor.

121. The pledge of the parole is always an individual but not a private

act.

133. No prisoner of war can be forced by the hostile government to parole

himself, and no government is obliged to parole prisoners of war, or to

parole all captured officers, if it paroles any. As the pledging of the

parole is an individual act, so is paroling, on the other hand, an act of

choice on the part of the belligerent.

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