A Code for the Government of Armies in the Field,: as authorized by the laws and usages of war on land.United States. War Department
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A Code for the Government of Armies in the Field,: as authorized by the laws and usages of war on land.
United States. War Department
Military law -- United States; United States. Army -- Regulations
Consuls, among American and European nations, are not diplomatic agents.
Nevertheless, their offices and persons will be subjected to Martial Law
in cases of urgent necessity only.
Soldiers are rarely billeted in their houses; but their property and
business, if they are engaged in any, are not exempted.
Any delinquency they commit against the established military rule, may
be punished as in the case of any other inhabitant, and such punishment
furnishes no reasonable ground for international complaint.
The functions of ambassadors, ministers, or other diplomatic agents,
accredited by neutral powers to the hostile government, cease in the
invaded, occupied, or conquered places or territories.
§ 10. Martial Law affects chiefly the police and collection of public
revenue and taxes, whether imposed by the expelled government or by the
invader, and refers mainly to the support and efficiency of the army,
its safety and the safety of its operations.
It allows of no individual violence; and since it consists in the
substitution of military rule for the established law and its
administration, and because it is founded on military force, it is
incumbent upon all military authorities acting by Martial Law, to be
strictly guided by the principles of justice, honor, and
humanity—virtues adorning a soldier even more than other men, for the
very reason that he possesses the power of his arms against the unarmed.
§ 11. The law of war does not only disclaim all cruelty and bad faith
concerning engagements concluded with the enemy during the war (§ 7),
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 in the American
army, and especially so if committed by officers.
§ 12. Whenever feasible, Martial Law is carried out, in cases of
individual offences, by courts-martial, and sentences of death shall be
executed only by the approval of the commander of the army corps,
provided the urgency of the case does not require a speedier execution.
In no case shall a sentence of death by court-martial be executed
without the approval of a general officer.
The finding of a court-martial, judging an enemy, may be set aside, in
urgent cases, by the authority which has called together the
court-martial, when a new court-martial is to be ordered; but it is
against the plain demands of justice and fairness, if the authority,
which has ordered a court-martial, not only sets aside the finding, but
inflicts a severer punishment than that in the finding. Instances to the
contrary of this rule, in the history of war, although in the case of
great captains, are not to be imitated.
Public-domain text, read in full here on John Shaqi.
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