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
§ 13. 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 opponent no other means of securing himself against
the repetition of barbarous outrage.
The American people demand of their generals that Retaliation be never
resorted to as a measure of mere revenge, but only as a means of
protective retribution, and, moreover, cautiously, justly, and
unavoidably; that is to say, retaliation shall only be resorted to after
careful inquiry, not blinded by passion, into the real occurrence, and
the character of the misdeeds that may demand retribution, after an
unsuccessful summons of the enemy to punish the evil-doers, and without
transgressing the bounds of strict retaliation.
Doubtful Retaliation removes the belligerents farther and farther from
the mitigating rules of a regular war, and by rapid steps leads them
nearer to the internecine wars of savages.
PUBLIC AND PRIVATE PROPERTY OF THE ENEMY. PROTECTION OF PERSONS, AND
ESPECIALLY WOMEN; OF RELIGION, THE ARTS AND SCIENCES. PUNISHMENT OF
CRIMES AGAINST THE INHABITANTS OF HOSTILE COUNTRIES.
§ 14. A victorious army appropriates all public money, seizes all public
movable property until further direction by its government, and
sequesters, for its own benefit, or that of its government, all real
property belonging to the hostile government or nation.
§ 15. A victorious army, by the martial power inherent in the same, may
suspend, change, disacknowledge, or abolish, as far as the martial power
extends, the relations which arise from the services due, according to
the existing laws of the invaded country, from one citizen, subject, or
native of the same to another.
The commander of the army must leave it to the ultimate treaty of peace
to settle the permanency of this change.
§ 16. As a general rule, the property belonging to churches, to
hospitals, or other establishments of an exclusively charitable or
eleemosynary character, to establishments of education, or foundations
for the promotion of knowledge, whether public schools, universities,
academies of learning or observatories, museums of the fine arts, or of
a scientific character—such property shall not be considered by the
armies of the United States, public property in the sense of paragraph
14.
In exceptional cases, such as richly endowed churches or convents, their
property may be taxed with military contributions.
§ 17. Classical works of art, noble fabrics, libraries, scientific
collections, or precious instruments, such as astronomic telescopes, as
well as hospitals, must be tenderly secured in the name of common
humanity and civilization, against all avoidable injury, even when they
are contained in fortified places, whilst besieged or bombarded.
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