DESERTERS. PRISONERS OF WAR. BOOTY ON THE BATTLEFIELD.

§ 28. Deserters from the American army, having entered the service of

the enemy, suffer death, if they fall again into the hands of the United

States, whether by capture, or being delivered up to the American army;

and if a deserter from the enemy having taken service in the army of the

United States, is captured by the enemy, and punished by them with death

or otherwise, the United States do not consider it a breach against the

law and usages of war, requiring redress or retaliation.

§ 29. A prisoner of war is a public enemy, armed or attached to the

hostile army for active aid, having fallen into the hands of the captor,

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

individual surrender or by capitulation.

All soldiers, of whatever species of arms; all men who belong to the

rising _en masse_ of the hostile country; all those who are attached to

the army for its efficiency, and promote directly the object of the war,

such as officers of the commissariat or teamsters, if captured; all

enemies who have thrown away their arms and ask for quarter; all

disabled men or officers on the field or elsewhere: all such persons are

prisoners of war, and as such exposed to the inconveniences as well as

entitled to the privileges of a prisoner of war.

§ 30. Moreover, citizens who accompany an army for whatever purpose,

such as sutlers, editors or reporters of journals, or contractors, if

captured, are prisoners of war, and may be detained as such.

The chief of the hostile government, the monarch and members of the

hostile reigning family, male or female, the chief officers of the

hostile government, its diplomatic agents, and all persons who are of

particular and singular use and benefit to the hostile army or its

government, are, if captured on belligerent ground, and if unprovided

with a safe conduct granted by the captor’s government, prisoners of

war.

§ 31. The enemy’s army surgeons, apothecaries, hospital nurses, hospital

servants and superintendents, and chaplains, if they fall into the hands

of the American army, are not prisoners of war, unless the commander has

reasons to retain them. In such cases, or if, at their own desire, they

are allowed to remain with their captured companions, they are treated

as prisoners of war.

American generals are permitted, if they see fit, to exchange captured

surgeons and others belonging to the medical staff.

§ 32. 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.

§ 33. At all periods of history, ancient or modern, governments have

employed as soldiers people of different races or color. Every European

nation, having an opportunity of enlisting men of different races,

actually does so, without exception.

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 crimes or offences. Thus, in

ancient times, the _sacramentum_, changed the homicide of an enemy, from

murder to a lawful act.

The Law of Nations knows of no distinction of color, and if an enemy of

the United States should enslave and sell any captured persons of their

army, it would be a case for the severest retaliation, if not redressed

upon complaint.

The United States cannot retaliate by enslavement; therefore death must

be the retaliation for this crime against the Law of Nations.

§ 34. The prisoner of war remains answerable for the crimes committed

against the captor’s army or people, committed before he was captured

and for which he has not been punished by his own authorities. The

prisoner of war remains liable to the infliction of retaliatory

measures.

§ 35. No regiment or division of troops has the right to declare that

for a single occasion it will not give, and therefore will not receive,

quarter.

A commander is permitted to direct his troops to give no quarter, in

great straits only, when his own salvation makes it impossible to cumber

himself with prisoners.

[The chief commander may permit a regiment or division to declare, for

the duration of the war, that it will not give, and therefore does not

expect, quarter.]

Troops that give no quarter, have no right to kill enemies already

disabled on the ground, or prisoners captured by other troops.

It is against the usage of modern war, because it is savage, to resolve,

in hatred and revenge, to give no quarter.

All troops of the enemy, known or discovered to give no quarter to any

portion of the army, receive none.

§ 36. The Law of Nations allows every sovereign government to make war

upon another sovereign state, and, therefore, admits of no different

rules 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; nor has the defensive government the right

to proclaim that it will ill-treat the prisoners it may make, against

the rules and laws of regular warfare.

§ 37. Modern wars are not internecine wars, in which the killing of the

enemy is the object. The destruction of the enemy, in modern war, and,

indeed, modern war itself, are means to obtain that object of the

belligerent which lies beyond the war.

Unnecessary or revengeful destruction of life, is not lawful.

Outposts, sentinels, or pickets, are not fired upon, except to drive

them in, or when a positive order, special or general, has been issued

to that effect.

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 law and usages of war. Thousands of years

ago it was held that no one who fears a supreme avenger of wrong, will

poison his arrow.

§ 38. Whoever intentionally inflicts additional wounds on an enemy

already disabled from fighting, 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.

§ 39. Arms, ammunition, horses, wagons, and implements of war, as well

as provision and clothing, taken on the battle-field, or captured

otherwise, belong to the United States.

All regulation arms found upon prisoners of war belong to the United

States; but small arms, not usually belonging to the regulation arms of

the respective troops, such as daggers or private pistols, belong to the

captor or captors.

If any dispute arises among the captors regarding the ownership or fair

division of the latter, the commissioned officer next in rank above the

disputants, on the spot where the dispute arises, shall decide the

dispute, and the decision shall be final.

§ 40. It is the usage in European armies that money and all valuables on

the person of a prisoner, such as watches or jewelry, as well as extra

clothing, belong to the captor; but it distinguishes the army of the

United States that the appropriation of such valuables or money is

considered dishonorable, and not suffered by the officers.

Nevertheless, if large sums are found upon the persons of prisoners,

they shall be taken from the prisoners, and appropriated for the army.

Nor can prisoners claim, as private property, large sums found and

captured in their train, although it had been placed in the private

luggage of the prisoners. Such luggage must always be searched.

§ 41. 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.

§ 42. Prisoners of war are subject to the confinement or imprisonment

deemed necessary on account of safety, but they are subjected to no

other intentional suffering or indignity. The confinement, or mode of

releasing the prisoner, may be varied during his captivity according to

the demands of safety.

§ 43. Prisoners of war are fed upon plain and wholesome food, according

to circumstances, and are treated with all humanity.

They may be required to work for the benefit of the captor’s government,

according to their rank and condition.

They may be temporarily assigned, under proper restrictions, to private

citizens willing to take them, and with whom they may earn wages, and

thus pay for their expenses.

§ 44. A prisoner of war, who escapes, may be shot, or otherwise killed

in his flight; but neither death nor any other punishment is inflicted

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

consider a crime. Stricter means of security are used after an

unsuccessful attempt at escape.

If, however, a conspiracy is discovered, the purpose of which is a

united or general escape, the conspirators are rigorously punished, even

with death, as capital punishment is also inflicted upon prisoners of

war discovered to have plotted rebellion against the authorities of the

captors, whether in union with fellow-prisoners or other persons.

§ 45. If prisoners of war, having given no pledge nor made any promise,

on their honor, forcibly, or otherwise escape, and are captured again in

battle, after having rejoined their own army, they are not punished for

their escape, and are treated as simple prisoners of war, although they

will be subjected to stricter confinement.

§ 46. Every captured wounded enemy is medically treated, according to

the ability of the medical staff, like a wounded friend.

§ 47. Honorable men, when captured, will abstain from giving to the

enemy information concerning their own army, and the modern law of war

permits no longer the use of any violence against prisoners, in order to

extort the desired information, or to punish them for having given false

information.

ARMED ENEMIES NOT BELONGING TO THE HOSTILE ARMY. SCOUTS. ARMED PROWLERS.

WAR-REBELS.

§ 48. Men, or squads of men, who commit hostilities, whether by

fighting, or inroads for destruction or plunder, or by raids of any

kind, without commission, without being part and portion of the

organized hostile army, and without sharing continuously in the war, but

who do so with intermitting returns to their homes and avocations, or

with the occasional assumption of the semblance of peaceful pursuits,

divesting themselves of the character or appearance of soldiers, such

men, or squads of men, are not public enemies, and, therefore, if

captured, not entitled to the privilege of a prisoner of war, but are

treated summarily as highway robbers or pirates.

§ 49. Nor is the privilege of the prisoner of war extended to single

armed prowlers, by whatever names they may be called, or to persons of

the enemy’s territory, who steal within the lines of the hostile army,

for the purpose of robbing, killing, destroying bridges, roads, or

canals, or of robbing or destroying the mail, or of cutting the

telegraph wires. If captured, they are dealt with as pirates at sea are

treated.

§ 50. Scouts, that is, single soldiers, disguised in the dress of the

country, or in the uniform of the army hostile to their own, detailed or

organized to obtain information, if captured within the lines of the

captor, are treated as spies, and suffer death.

§ 51. Persons within an occupied territory, that rise in arms against

the occupying or conquering army, or against the authorities established

by the same, are war-rebels, and suffer death, whether they rise singly,

in small or large bands, and whether called upon to do so by their own,

but expelled, government or not. If captured, they are not prisoners of

war; nor are they, if discovered and secured before their conspiracy has

matured to an actual rising, or to armed violence.

The Partisan proper, belonging to the army, although acting in a corps

separate from the main body, if captured, is a prisoner of war.

A Code for the Government of Armies in the Field, as authorized by the laws and usages of war on land. · 第 7 / 13 题