Rules Land Warfare 1934

7/29/2019 Rules Land Warfare 1934

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BASIC FIELD MANUAL

Volume VII MILITARY LAW

PART TWO RULES OF LAND WARFARE

Prepared under direction ofthe Judge Advocate General

UNITED STATES GOVERNMENT PRINTING OFFICE

WASHINGTON: 1934

For sale by the Superintendent of Documents, Washington, D.C. - Price 10 cents


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WAR DEPARTMENT,WASHINGTON,a n u a r y 2, 1934.

Part Two, Rules of Land Warfare, Basic Field Manual,Volume VII, Military Law, is published for the informationand guidance of all concerned.[A.G. 062.11 (5.1033).1BY ORDER OF THE SECRETARY W'AR:FDOUGLAS MAcARTHUR,General,Chief of Stag.OFFICIAL:

JAMES F. McICINLEY, M ajor General, The Ad juta nt General .

I1


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i. FOREWORD

Basic Field Manual, Volume VII, Military Law, will be pub-lished in three parts, as follows:

Part One. Manual for Courts-martial. Part Two. Rules of Land Warfare. Part Three. Military Aid to Civil Authorities.

Appendixes, such as were included in the prior editions, show-ing the complete French and English texts of the various appli-cable treaties and conventions have been omitted, but, exceptas hereinafter noted, the official English of every treaty provisionobligatory upon the United States, bearing upon the conduct ofthe forces in the field, is quoted verbatim in the chapter to whichit relates. The only exceptions a r e -

1. The Red Cross conventions of 1864 and 1906, which!although superseded by the Red Cross convention of 1929,chapter 5, as between parties to the latter, continue in force,respectively, as between the United States and such of the otherparties to each of the former, as have not ratified or adhered tothe latter;

2. The Hague Convention of 1899, relating to the laws andcustoms of war on land (first international peace conference),which, although superseded by Hague Convention No. IV of1907 (second international peace conference), herein quoted, asbetween parties to the latter, continues in force as between theUnited States and such of the other parties to the former ashave not yet ratified or adhered to the latter; and3. Chapter I1 of the annex to Hague Convention No. IV of

October 18, 1907, relating to prisoners of war (excepting arts. 10,11, and 12 relating to paroles; pars. 149, 155, 156), which,although in effect superseded by the Geneva convention ofJuly 27, 1929, upon the same subject, chapter 4, as betweenparties to the latter, continues in force as between the UnitedStates and such of the other parties to the former as have notratified or adhered to the latter.

The essential provisions of each of the antecedent conventionsmentioned in I and 2 above, and of chapter I1 of the annex to


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IV FOREWORD

Hague Convention No. I V (excepting the t h e e articles abovementioned), have been substantially reincorporated within themore recent and more comprehensive convention on the samesubject, so that observance of the la tter practically includesobservance of the former. For this reason, and in view of thegeneral rule prescribed by paragraph 5, only the most recentconvention on each of these subjects is quoted in this publication,saving the three articles on paroles above mentioned.

Under the general rule last above mentioned, pertinent in-formation concerning ratifications, adherences, reservations, anddenunciations (withdrawals) will be specially notified by higherauthority to the commanders in the field, as occasions arise,thus rendering unnecessary the inclusion of such data in thistext, and avoiding the frequent changes that such inclusionwould entail.


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TABLE OF CONTENTS

Para-graphs Pages Abbreviations.--.- --.- - - - - - --...-.----..--.- - - -.-.-- --- - - - V I CHAPTER1. Basic rules and principles-.......-.....---..----...--- 1-3-7

2. Qualifications of armed forces of belligerents....-..--.. 8-13 4-5 3. Hostilities:

SECTION I. Commencement of hostilities ...........-.-..---..-14-21 11. Conduct of hostilities.........---...-....-.---...-2-70

C ~ A P T E R 71-173. Prisoners of war...................................... 5. Sick, wounded, and dead............................. 174-202 6. Espionage and treason.....-.....-...---.....--....---03-215 7. Intercourse between belligerents..............--....--216235 8 . Military passports, safe-conducts, safeguards, and

cartels..............................................36-244 9. Capitulations and armistices.........-.-..-.-.- -...-246271

10. Military occupation and government of enemy territory...............................................72-349

11. Penalties for violations of the laws of war.--.......... 35&364 12. Neutrality............................................6.5-408Index-. --..-. ---. - - - - - - ---- ----- - - --- - - - - - - - - - -- -- -----------.--.------.

Y


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ABBREVIATIONSG.P.W__- Geneva convention of July 27, 1929, relative to thetreatment of prisoners of war; Tr ea ty Series No.846; 47 Stat.* 233.G.W.S--- Geneva (Red Cross) convention of July 27, 1929, forthe amelioration of the condition of the woundedand sick of armies in the field; Tre aty Series No.847; 47 Stat.* 286.H. 111---- Hague Convention No. 111 of October 18, 1907, re-lating to the opening of hostilities; Treaty Series

No. 538; 36 Stat.* 2259; Malloy, Treaties, Yol.11, 2259.H. IV--- - Hague Convention No. IV of October 18, 1907, re-specting the laws and customs of war on land;Treaty Series No. 539s 36 Stat.* 2277; Malloy,Trea ties , Vol . 11, 2269.H. V_..-_- Hague Convention No. V of October 18, 1907, re-

specting the rights and.duties of neutral powersand persons in case of war on land; Tre aty SeriesNo. 540; 36 Stat.* 2310; Malloy, Treaties, Vol.11, 2290.H. VIII-_ Hague Convention No. VIII of October 18, 1907,relative to the laying of automatic submarinecontact mines; Treaty Series No. 541; 36 Sta t.*2332; Mal loy, Tr ea ti es , Vol. 11, 2304.H. Hague Convention No. PX of October 18, 1907, con-cerning bombardment by naval forces in time ofwar; Treaty Series No. 542; 36 Stat.* 2351;Mal loy, Tre at ies, Vol. 11, 2314.H.D. XIV- Hague Declaration No. XIV of October 18, 1907,prohibiting the discharge of projectiles and explo-sives from balloons; Treaty Series No. 546; 36Stat .* 2439; Mal loy, Treaties , Vo l. 11, 2366.H.R--- -- Annex to Hague Convention No. IV of October 18.1907, embodying the regulations respecting thelaws and customs of war on land adopted by thatconvention; Treaty Series No. 539; 36 Stat.*2295; Malloy , Trea ties , Vol . 11, 2281.

*United States Statutes at Large.VT


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BASIC FIELD MANUALVOLUME V II

MILITARY LAWPART TWO

RULES OF LAND WARFARE(The matter contained herein supersedes Rules of Land Warfare, War DepartmentDocument No. 467, oripnslly published in 1914, and reprinted with amendments in1017.)

CHAPTER 1BASIC RULES AND PRINCIPLES

1. General.-Among civilized nations the conduct of war isregulated b y certain well-established rules known as th e rulesor laws of war. These rules cover and regulate warfare both onland and sea. Those which pertain particularly to war on landare called t he rules of land warfare. T t is the lat ter with whichthis part is concerned.2. W r i t t e n rules.-Many of the rules of war have been setforth in treaties or conventions to which the United States andother nations are parties. These are commonly called the writtenrules or laws of war.

3. U n w r i t t e n rules.-Some of the rules of war have neveryet been incorporated in any tr ea ty or convention t o which theUnited States is signatory. These are commonly called theunwritten rules or laws of war, although they are well definedbv recognized authorities on international law and well estab-lished by the custom and usage of civilized nations.

4. Basic principles.-Among the so-called unwritten rules orlaws of war are three interdependent basic principles that underlieall of the other rules or laws of civilized warfare, both writtenand unwritten, and form th e general guide for conduct where nomore specific rule applies, to wit:a. T h e pr inc ip le of mil i tary necess i ty , under which, subject t othe principles of humanity and chivalry, a belligerent is justifiedin applying any amount and any kind of force t o compel the com-plete submission of the enemy with the least possible expenditureof t ime, life, and money;

1


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2 BASIC FIELD hlANUALb. The principle of humanily, prohibiting employment of any

such kind or degree of violence as is not actually necessary for thepurpose of the war; andc. The principle of chivalry, which denounces and forbids resortto dishonorable means, expedients, or conduct.

5. Force of rules.-a. The unwritten rules are binding uponall civilized nations. They will be strictly observed by ourforces, subject only t o such exceptions as shall have been directedby competent authori ty by way of legitimate reprisals for illegalconduct of the enemy. (See par. 363.)

b. Technically each of the written rules is binding only be-tween powers that have ratified or adhered to, and have notthereafter denounced (withdrawn from), the trea ty or conven-tion by which the rule is prescribed, aud is bindiiig only to theextent permitted by the reservations, if any, t ha t have accom-panied such ratification or adherence on either side. However,the written rules herein quoted in bold-faced type a re all pre-scribed by treaties or conventions each of which has been ratifiedwithout reservation, and no t thu s far denounced, by the UnitedStates an d many other nations. They are in large pa r t butformal and specific applications of general principles of theunwritten rules. While solemnly obligatory as between thesignatory powers, they may be said also to represent the con-sensus of modern international public opinion a,s to how bellig-erents an d neutrals should conduct themselves in t he particularsindicated. As a general rule they will be strictly observed andenforced by United States forces in the field, a s far as applicablethere, without regard to whether they ar e legally binding uponall of t he powers immediately concerned. It is the responsi-bility of higher au thor ity, as occasions arise, to determine andt o instruct the commander in the field, which, if an y, of thewritten rules herein quoted are not legally binding as betweenthe United Sta tes and each of the other powers immediatelyconcerned, and which, if any, for tha t reason are not for th etime being to be observed or enforced.

6. Mil i t a ry gove rnm en t a n d m a r t i a l l aw distinguished.-Military government is tha t form of government which isestablished and maintained by a belligerent b y force of armsover occupied territory of th e enemy an d over the inhabi tantsthereof. In this definition the te rm "territory of the enemy"includes not only the terr itory of an enemy nation, bu t also


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3ASIC FIELD MANUALdomestic territory recovered by military occupation from rebelstreated as belligerents.

Martial law is the temporary government of the civil popula-tion through the military forces as necessity may require indomestic territory as distinguished from occupied territory ofan enemy recognized as a belligerent.So far as the United States forces are concerned, militarygovernment and martial law are exercised by the military com-mander under the direction of the President, as Commanderin Chief of the Army and Navy.

The most prominent distinction between military governmentand martial law is, that the former is exercised only in the terri-tory of a hostile belligerent and is within the realm of interna-tional law, while the latter is invoked only in domestic territorywhose local government and inhabitants are not treated orrecognized as belligerents.7. Military jurisdiction.-Military jurisdiction is of two

kinds: First, that which is conferred and defined by statute;second, that which is derived from the common law of war.The character of the courts which have jurisdiction over militaryoffenses depends upon the local laws of each particular country.

In the armies of the United States, military jurisdiction isexercised through the following military tribunals:a. Courts-martial.

b. Military commissions.c. Provost courts.While general courts-martial have concurrent jurisdiction with

military commissions and provost courts to t ry any offender whoby the law of war is subject to trial by military tribunals, it hasgenerally been held that military commissions have no jurisdic-tion of such purely military offenses specified in the Articles ofWar as those articles expressly make punishable by sentence ofcourt-martial (except where the military commission is alsogiven express statutory jurisdiction over the offense (Articles ofWar 80, 81, 82). In practice, offenders who are not subject tothe Articles of War, but who by the law of war are subject totrial by military tribunals, are tried by military commissions orprovost courts.


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4 BASIC FIELD MANUALCHAPTER 2

QUALIFICATIONS O F ARMEDBELLIGERENTS

FORCES OF8. Ge ne ra l division of e n e m y population.-The enemypopulation is divided in war into two general classes, known asthe armed forces and the peaceful population. Both classes havedistinct rights, duties, an d disabilities, and no person can belongto both classes a t one and t he same time.9. Lawful belligerents.-a. Armies, militia, and volunteercorps.-The laws, rights, and duties of war apply not only toarmies, but also to militia and volunteer corps fulfilling thefollowing conditions:1. To be commanded by a person responsible for his subor-dinates;2. To have a fixed distinctive emblem recognizable at a dis-tance;3. To carry arms openly; and4. To conduct their operations in accordance with the lawsand usages of war. In countries where militia or volunteercorps constitute the army, or form part of it, they are includedunder t he denomination "army" (H.R.,art. 1).b . Levee en masse.-The inhabitants of a territory which hasnot been occupied, who, on the approach of the enemy, spon-

taneously take up arms to resist the invading troops withouthaving had time to organize themselves in accordance witharticle 1, shall be regarded as belligerents if they carry armsopenly and if they respect the laws and customs of war(H.R., art. 2).c. Combatants and noncombatants.-The armed forces of thebelligerent parties may consist of combatants and noncombat-ants. In the case of capture by the enemy, both have a right tobe treated as'prisoners of war (H.R., art . 3).

10. T r e a t m e n t as br igan ds , etc., forbidden.-No belJig-erent has t he right t o declare tha t he will treat every capturedman in arms of a levee en masse as a brigand or bandit.11. Deserters, etc., n o t t o en jo y immunity.-Certainclasses of those forming part of a levee en masse cannot claim theprivileges accorded in 9 b. Among these are deserters from, or

subjects of, the invading belligerent, and persons who are knownto have violated the laws an d customs of war.


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BASIC FIELD MANUAL 512. Uprisings in occ upied territory.-If the people of acountry, or any portion thereof, already occupied by an army,rise against it , they are violators of the laws of war, and a re not

entitled to their protection.13. Dete rmin a t ion of status of cap t u re d troops.-Thedetermination of the status of captured troops is t o be left tocourts organized for the purpose. Summary executions are nolonger contemplated under the laws of war. The officers' du tyis t o hold the persons of those captured and leave the question oftheir being regulars, irregulars, deserters, etc., to the determina-

tion of competent authority.CHAPTER 3

HOSTILITIESParagraphs

8 g c r rON I. Commencementof hostilities.--------.---.-----.-----621 11. Conduct of hostilities.-...-..--------.---.-----..-------2-70

COMMENCEMENT OF HOSTILITIES14. Dec lar at ion of w a r required.-The contracting powersrecognize that hostilities between themselves must not com-mence without previous and explicit warning, in the form eitherof a reasoned declaration of war or of an ultimatum with con-

ditional declaration of war (H.ZIZ, art. I ) .15. Surpr i se still possible.-Nothing in the foregoing rulerequires t ha t an y particular length of time shall elapse betweendeclaration of war and the commencement of hostilities. It isstill possible, therefore, to make a sudden and unexpecteddeclaration of war and thus surprise a n unprepared enemy.16. Not ifi cation t o neutrals.-The existence of a sta te of

war must be notified to the neutral powers without delay, andshall not take effect in regard to them until after the receipt ofa notification, which may, however, be given by telegraph.Neutral powers, nevertheless, cannot rely on the absence ofnotification if it is clearly established that they were in fact aware01. the existence of a state of war (H.ZZZ, art. 2).17. W h e n ar ti cl es effective b et wee n parties.-Article 1(see par. 14) of the present convention shall take effect in case ofwar between two or more of the contracting powers. Article 2(see par. 16) is binding a s between a belligerent power which i s


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6 BASIC FIELD MANUALa party to the convention and neutral powers which are alsoparties to the convention (H. IZZ, art . 3).18. Legal a n d commerc ial impo rta nce of above arti-cles.-This convention (H. 111) is important from both thelegal and commercial points of view since i t requires belligerentsthemselves publicly to announce a definite date for the corn-mencement of hostilities, from which date they become entitledto exercise the rights of belligerency, are themselves required torespect the rights of neutrals, and may exact from neutralscompliance with the obligations of neutrality.18. S t a t u s of civilian populat ion.-lt is now universallyrecognized that hostilities are restricted to the armed forces of

belligerents. Inhabitants who refrain from acts of hostility andpursue their ordinary vocations must bc distinguished from thearmed forces of the belligerent; must be treated leniently; mustnot be injured in their lives or liberty, except for cause and afterdue trial; and must not, as a rule, be deprived of their privateproperty.20. De te nt io n a n d internment.-Enemy subjects locatedor resident in our territory are not made prisoners e n masse onthe breaking out of hostilities. Persons known to be active orreserve officers, or reservists, of the hostile army, as well as per-sons suspected of communicating with the enemy, will be detainedand, if deemed advisable, interned on the ground of self-preserva-tion in the exercise of the right of control.

21. Expulsion.-In modern practice the expulsion of thecitizens or subjects of the enemy is generally decreed from sea-ports, fortresses, defended areas, and the actual or contemplatedtheaters of operation. The practice as to expulsion from otherterritory is not uniform, expulsion being resorted to usually forgrave reasons of state only. When decreed, the persons expelledshould be given such reasonable notice, consistent with publicsafety, as will enable them to arrange for the collection, disposal,and removal of their goods and property.

CONDUCT O F HOSTILITIESMILITARY NECESSITY

22. Object of war.-The object of war is to bring about thecomplete submission of the enemy as soon as possible by meansof regulated violence.


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7ASIC FIELD MANUAL23. Mili tary necessity.-Military necessity justifies a resort

to all the measures which are indispensable for securing thisobject and vhich are not forbidden by the modern laws andcustoms of war.24. Mea su re s just ified by miLitary necessity.-Militarynecessity admits of-

a. All direct destruction of life or limb of a~medenemies, andof other persons whose destruction is incidentally unavoidablein the armed contests of war.b. The capturing of every armed enemy, and of every enemyof importance to th e hostile government, or of peculiar dangerto th e captor.

c. The destruction of property, and obstruction of ways andchannels of traffic, travel, or communication, and withholdingof sustenance or means of life from the enemy.d . The appropriation of whatever the enemy's country affordstha t is necessary for the subsistence and safety of th e army.

e. Such deception as does not involve the breaking of goodfaith, ebther positively pledged, regarding agreements enteredin to during the war, or supposed by the modern law of war toexist.

25. Me asu res n o t justified by m il it ar y necessity.-Mili-tary necessity does not admit of cruelty-that is, the inflictionof suffering merely for spite or revenge; nor of maiming orwounding except in combat; nor of torture to extort confessions.I t does not admit of the use of poison in any way, nor of thewanton devastation of a district. It admits of deception, butdisclaims acts of perfidy. The practice of recent years has beento regard the prohibition against the use of poison as not appli-cable to the use of toxic gases. (See par. 29.)

PROHIBITIONS AND LIMITATIONS

26. M ea ns of in ju r in g t h e e n e m y limited.-The right ofbelligerents to adopt means of injuring the enemy is not un-limited ( H . R . , art . 22 ) .

The means employed are definitely restricted by internationaldeclarations and conventions and by the laws and usages of war.

27. Disch arg ing explosives f r o m balloons.-The contract-ing powers agree to prohibit, for a period extending to the closeof the third peace conference, the discharge of projectiles andexplosives from balloons or by other new methods of a similarnature ( H .D . XZV, 1907).


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8 BASIC FIELD MANUALThis rule may be said to be of comparatively slight value

because i t has been ratified by only two of the great powers,namely, the United States and Great Britain, and because itsprincipal object is substantially accomplished by H.R. article 25(see par. 46), prohibiting bombardment of undefended places.I t is not regarded as imposing any restriction upon the use ofmodern military aircraft against armed forces or defended places.

28. Poison.-In addition to the prohibitions provided byspecial conventions, it is especially forbidden * * * to em-ploy poison or poisoned weapons (H.R., art . 23, par. (a ) ) .

Application of rule.-This prohibition extends to the use ofmeans calculated to spread contagious diseases, and includes thedeliberate contamination of sources of water by placing thereindead animals or poisonous substances of any kind, but does notprohibit measures being taken to dry up springs or to divertrivers and aqueducts from their courses. Concerning treaty pro-visions in regard to the use of toxic chemicals see paragraph 29.29. Gases and chemicals.-The United States is not a partyt o any treaty, now in force, t ha t prohibits or restricts t he use inwarfare of toxic or nontoxic gases, or of smoke or incendiarymaterials, etc. A treaty signed a t Washington, February, 61922, on behalf of the United States, the British Empire, France,Italy, and Japan (Malloy, Treaties, vol. 111,p. 3116), contains aprovision (art. V) prohibiting "The use in war of asphyxiating,poisonous or other gases, and all analogous liquids, materials, ordevices", but that treaty was expressly conditioned t o becomeeffective only upon ratification by all of the signatory powers,and, although heretofore ratified by all of the signatories exceptFrance, having never been ratified by the latter, has neverbecome effective. The protocol "for the prohibition of the usein war of asphyxiating, poisonous, or other gases, and of bac-teriological methods of warfare", signed a t Geneva June 17, 1925,on behalf of the United States and many other powers (Leagueof Nations Official Journal, Aug. 1925, p. 1159), although rati-fied or adhered to by, and now effective as between, a considerablenumber of the signatories, has never thus far been ratified by,and is not in force as to, the United States, Japan, and someother powers.

30. Treachery.-It is especially forbidden * * * to killor wound treacherously individuals belonging to the hostilenation or army (H .R . , art . 23, par. (b) ) .


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9ASIC FIELD MANUAL31. Assass inat ion a n d outlawry.-The above article is con-

strued as prohibiting assassination, proscription, or outlawry ofan enemy, or putting a price upon an enemy's head, as well asoffering a reward for an enemy "dead or alive." Offendershave no claim to be treated as combatants, but should be triedas criminals.32. I n j u r y fo rb idde n af ter surrender.-It is especially for-bidden * * * to kill or wound an enemy who, having laiddown his arms, or having no longer means of defense, has sur-rendered at discretion (H.R., ar t. 23, par. ( c ) ) .

33. Refusal of quarter.-It is especially forbidden * * *to declare that no quarter will be given (H.R., a rt . 23, par. (d) ) .34. Em plo yme nt of a rm s, etc., causing unnecessary in-

jury.-It is especially forbidden * * * to employ arms,projectiles, or material calculated to cause unnecessary injury(H.R., ar t. 23, par. (e ) ) .

The foregoing prohibition is not intended to apply to the useof explosives contained in artillery projectiles, mines, aerial tor-pedoes, or hand grenades, but i t does apply to the use of lanceswith barbed heads, irregular-shaped bullets, and projectiles filledwith glass, to the use of any substance on bullets that would tendunnecessarily to inflame a wound inflicted by them, and to thescoring of the surface or filing off the ends of the hard cases ofbullets.

35. Train wrecking, etc.-Train wrecking and burning ofcamps or military depots are legitimate means of injuring theenemy when carried out by the members of the armed forces.Wrecking of trains should be limited strictly to cases which tenddirectly to weaken the enemy's military forces.

36. Sub jec ts no t t o be com pe ll ed to t ake pa r t in opera-tions ag ai ns t th ei r ow n country.-A belligerent is likewiseforbidden to compel the nationals of the hostile party to takepart in the operations of war directed against their own country,even if they were in the belligerent's service before the com-mencement of the war (H .R ., ar t . 23, East par.) .

With respect to the impressment of guides see paragraph 310.STRATAGEMS

37. St r a t ag em s permissible.-Ruses of war and the em-ployment of measures necessary for obtaining information aboutthe enemy and the country are considered permissible(H.R., a rt . 24).


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10 BASIC FIELD MANUA L38. Good faith.-Absolute good faith with the enemy mast

be observed as a rule of conduct; but this does not preventmeasures such as using spies, or inducing the enemy's soldiers tcdesert, surrender, or rebel. In general, a belligerent may resortto those measures for mystifying or misleading the enemy againstwhich the enemy ought to take measures to protect himself.(See pars. 39, 441, and 41.)

39. Treachery o r perfidy.-The ruses of war are legitimateso long as they do not involve treachery or perfidy on the partof the belligerent resorting to them. They are, however, for-bidden if they contravene any generally accepted rule.The line of demarcation between legitimate ruses and forbiddenacts of treachery and perfidy is sometimes rather indistinct, butthc following essmplcs x7ill indicatc thc correct principles. I twould be an improper practice to secure an advantage of theenemy by deliberate lying which involves a breach of faith, orwhen there is a moral obligation to speak the truth, such asdeclaring that an armistice had been agreed upon when such isnot the case. On the other hand, i t is a perfectly proper ruse tosummon a force to surrender on the ground that it is surroundedand thereby induce such surrender with a small force.

40. Legitimate ruses.-Among legitimate ruses may becounted surprises, ambushes, feigning attacks, retreats or flights,simulating quiet and inactivity, giving large outposts o r a strongadvance guard to a small force, constructing works, bridges, etc.,which it is not intended to use, transmitting false or misleadingsignals and telegraph messages, and sending false dispatches andnewspapers, with a view to their being intercepted by the enemy,lighting campfires where there are no troops, making use of theenemy's signals, bugle and trumpet calls, watch words, andwords of command, pretending to communicate with troops orreinforcements which have no existence, moving landmarks,putting up dummy guns or laying dummy mines, removingbadges from uniforms, clothing the men of a single uni t in theuniform of several different units so tha t prisoners and dead maygive the idea of a large force.

41. Misuse of flags, insignia, mi li ta ry un if o rm s ofenemy.-It is especially forbidden * * * to make improperuse of a flag of truce, of the national flag, or of the militaryinsignia and uniform of the enemy, a s well a s of the distinctivebadges of the Geneva convention (H.R., art . 23, par. ( f ) ) .

42. Flags of truce.-Flags of truce must not be used surrep-titiously to obtain military information or merely to obtain time


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BASIC FIELD MANUAL 11to effect a retreat or secure reinforcements gr t o feign a surrenderin order to surprise an enemy. An officer receiving them is noton this account absolved from the duty of exercising properprecautions with regard to them.43. Nati ona l flags, insignia, a n d u ni fo rm s a s a ruse.-

In practice it has been authorized to make use of these as a ruse.The foregoing rule (par. 41) does not prohibit such use, bu t doesprohibit their improper use. I t is certainly forbidden to makeuse of them during a combat. Before opening fire upon theenemy they must be discarded.44. Pract ice a s t o e ne my un i fo rm i n th i s country.-In

this country, it has always been authorized to utiHze uniformscaptured from the enemy, provided some striking mark or signis attached to distinguish the American soldier from the enemy.All distinctive badges or marks of the enemy should be removedbefore making use of them.45. Im pr op er use of distinctive e m b le m of Geneva con-vention.-The use of the emblem of the Red Cross must be limitedto the protection and designation of sanitary formations andestablishments and the personnel and matdriel which the Genevaconvention providcs shall be respected. As examples of theimproper use of the emblem may be cited the following: Usinga hospital or other building accorded such protection as anobservatory or military office or store; firing from a buildingor tent displaying the emblem of the Red Cross; using a hospitaltrain to facilitate the escape of combatants; displaying theemblem on wagons containing ammunition cr nonmedical stores;and in general, using i t for cloaking acts of hostility. (Seepars. 197, 199.)

BOMBARDMENTS, ASSAULTS, AND SIEGES46. B o m b a r d m e n t of unde fen de d places forbidden.-

The attack or bombardment, by whatever means, of towns,villages, dwellings, or buildings which. are undefended is pro-hibited (H.R.,art . 25).47. Use of balloons.-The addition of the words "by what-

ever means" was for the purpose of making i t clear that thebombardment of these undefended localities from balloons orairplanes is prohibited.

48. Defende d place defined.-Investment, bombardment,assault, and siege have always been recognized as legitimate


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12 BASIC FIELD MANUALmeans of warfare, but under the foregoing rule (par. 46) theiruse is limited to defended places which certainly will include thefollowing:a. A fort or fortified place.

b . A town surrounded by detached forts, which is consideredjointly with such forts as an indivisible whole.

c. A place that is occupied by a combatant military force orthrough which such a force is passing. The occupation of sucha place by sanitary troops alone is not sufficient to make it adefended place.49. Throwing project iles f r om ai rcraft o n co mb ata nts

a n d defended places.-There is no prohibition of generalapplication among the great powers against the discharge ofnuthorizcd projectiles from aircraft against combatant troops ordefended places. (See H.D. XIV (par. 27).)50. Notice of bombardment.-The officer in command of

an attacking force must, before commencing a bombardment,except in cases of assault, do all in his power to warn theauthorities (H.R., art . 26).

This rule is understood to refer only to bombardments of placeswhere parts of the civil population remain.

51. American rule.-It is no infraction of the common law ofwar to omit thus to inform the enemy. Nevertheless, even whenbelligerents are not subject to the above treaty, the commandersof American forces, when admissible, will inform the enemy oftheir intention to bombard a place, so that the noncombatants,especially the women and children, may be removed before thebombardment commences.

52. Pe rm it ti ng popu lat ion t o leave besieged place.-There is no rule of law which compels the commander of a ninvesting force to permit the population, including women,children, aged, sick, wounded, subjects of neutral powers, ortemporary residents, to leave the besieged locality, even when abombardment is about to commence. It is entirely within thediscretion of the besieging commander whether he will permitthem to leave and under what conditions.

53. Dip lo mati c agents of neutrals.-Diplomatic agents ofa neutral power should not be prevented from leaving a besiegedplace before hostilities commence. This privilege cannot beclaimed while hostilities are in progress. The same privilegesshould properly be accorded to a consular officer of a neutral


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BASIC FIELD MANUAL 13power. Should they voluntarily decide to remain, they mustundergo the same treatment as other inhabitants.I 54. Perso ns i n aone betw een troops.-Persons dwelling inthe zone between the opposing forces in the first stages of siegeare treated as inhabitants of the invaded locality.

55. Ind ividua ls leaving w i t h o u t permission.-Individualswho at tempt to leave or enter a besieged place without obtainingthe necessary permission are liable to be fired on and may besent back into the besieged place or detained and put on trial.

56. Expelled persons forced t o return.-When a com-mander of a besieged place expels the noncombatants, in orderto lessen the number of those who consume his stock of provisions,i t is lawful, though an extreme measure, to drive them back, soas t o hasten the surrender.

57. Popula ti on expelled u n d e r fire.-It is not necessary tocease or relax fire because the enemy sends women and childrenou t of his lines in order to get them to a place of safety, but firemust not be intentionally opened in their direction.

58. Com m unic a ti on w i th besieged place.-The com-niander of the investing force has the absolute right t o forbidd l communication between the besieged place and the outside.The application of this rule to diplomatic envoys of neutralpowers is unsettled.

59. Build ings dedic ated t o religious works, etc., t o bespared.-In sieges and bombardments all necessary stepsmust be taken to spare, a s far a s possible, buildings dedicatedto religion, art, science, or charitable purposes, historic monu-ments, hospitals, and places where the sick and wounded arecollected, provided that they are not being used at the time formilitary purposes.

It is the duty of the besieged to indicate the presence ofsuch buildings or places by distinctive and visible signs, whichshall be notified to the enemy beforehand (H.R., art . 27) .60. Above bui ldings , etc., t o display s ign specified innaval treaty.-It is the duty of the inhabitants to indicate suchmonuments, edifices, or places by visible signs, which shallconsist of large stiff rectangular panels divided diagonally intotwo colored triangular portions, the upper portion black, thelower portion white (H. ZX,ar t . 5 , par. 2, 1907).

The foreging rule adopted in this convention for naval warfareshould be adopted for protecting buildings under bombardmentin land warfare.


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14 BASIC FIELD MAN'UAL61. For fe i tu re of inviolability.-The besieging forces are

not required t o observe the signs indicating inviolability ctfbuildings th at a re known t o be used for military purposes, suchas quarters for officers and men, observatories, or signalingstations.62. Pil la ge forbidden.-The pillage of a town or place,even when taken by assault, is prohibited (H .R . , art . 28).

AUTOMATIC SUBMARINE CONTACT MINES63. K i n d s of mines.-There are three general classes of

mines:a. Observation mines which are anchored along the coast and

connected therewith by wires by which they can be explodedelectrically.

b. Unanchored automatic con~actmines which explode bycontact.

c. Anchored automatic contact mines which are attached toheavy weights, and which can be placed a t any required dep thbelow the surr'ace; these mines are exploded automatically bycontact with heavy bodies such as ships.

These rules do not deal with the first class of mines, sinceth ey are innocuous t o peaceful shipping.64. Un anc hor ed a u t o m a t i c co nt ac t mines.-It i s forbid-den to lay unanchored automatic contact mines, except wherethey ar e so constructed a s to become harmless one hour at mostafter th e person who laid them ceases to control them (H. VI I I ,ar t . 1, par. 1) .65. C om m erc i a l navigation.-It is forbidden t o lay auto-matic contact milies 08the coast and ports of the enemy, withthe sole object of intercepting commercial shipping ( H . VI I I ,ar t . 2) .

It is not probable that a belligerent resorting to the use ofthese contact mines off th e coast and ports of his enemy willhesi tate t o disavow the intention of intercepting commercialnavigation. In its present form this rule permits the use of suchmines so as t o cause great risks to neutral navigation.

66. Anchored au to ma t i c con tac t mines.-It is forbiddento lay anchored automatic contact mines which do not becomeharmless a s soon a s they have broken loose from their moorings( H . VI I I , ar t . 1,par. 2).


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I 1

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BASIC FIELD MANUAL 1567. Pre caut io ns t o be taken.-When anchored automatic

contact mines are employed, every possible precaution must betaken for the security of peaceful shipping.

The belligerents undertake t o do their utmost to render thesemines harmless within a limited time and, should they ceaseto be under surveillance, to notify th e danger zones a s soon a smilitary exigencies permit, by a notice addressed to shipownerswhich must also be communicated to the governments throughthe diplomatic channel ( H . V d l l , ar t . 3).

68. Mines of n e u t r a l powers.-Neutral powers which layautomatic contact mines off their coasts must observe the samerules and take the same precautions a s are imposed on bellig-erents.

The neutral powers must inform shipowners, by a notice issuedin advance, where automatic contact mines have been laid.This notice must be communicated a t once to the governmentsthrough the diplomatic channel (IP. VI I I , ar t . 4 ) .

69. Mi ne s t o be re mo ve d a t close of war.-At the close ofthe war the contracting powers undertake to do their utmost toremove the mines which they had laid, each power removing i tsown mines.

As regards anchored automatic contact mines laid by one ofthe belligerents off the coast of the other, their position must benotified to the other party by the powers which laid them, andeach power must proceed with the least possible delay to removethe 'mines in its own waters ( H . T7111,ar t . 5) .

70. Torpedoes.-It is forbidden to use torpedoes which donot become harmless when they have missed their mark (W.VI I I ,ar t . I , par. 3).

CHAPTER 4PRISONERS OF WAR

71. Definition.-Except as otherwise hereinafter indicated,every person captured or interned by a belligerent power becauseof the war is, during the period of such captivity or internment, aprisoner of war, and is entitled to be recognized and treated assuch under the laws of war.

72. Geneva conv enti on of 1929-relation t o H a g u eRegulations.- In the relations between powers bound by theHague convention respecting the laws and customs of war onland, whether it is a question of that of July 29, 1899, or that ofOctober 18, 1907, altd who participate in the present convention.


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16 BASIC FIELD MANUALthis latter shall complete chapter I1 (Prisoners of War) of theRegulations annexed to the said Hague conventions ( G . P .W.,a r t . 89).

However, a s indicated in the foreword, page 111, the only part sof chapter I1 of the Hague Regulations, not in effect supersededby substantial reincorporation in the present Geneva convention,are comprised in H.R. 10, 11, and 12, dealing with paroles andhereinafter quoted (pars. 149 , 155 , and 1 5 6 ) .73. Ap pl ic at io n of t h e convention.-The present conven-tion shall apply, without prejudice to the stipulations of title V I I

(see par. 77 b ) :( 1 ) To all persons contemplated in articles 1, 2, and 3 of theRegulations annexed to the Hague convention of October 18 ,1907, respecting the laws and customs of war on land, andcaptured by the enemy. (See pars. 9 a, b, c.)(2) To all persons belonging to the armed forces of the bellig-erent parties, captured by the enemy in the course of militaryoperations at sea or in the air, except for such derogations asmight be rendered inevitable by the conditions of capture.However, such derogations shall not infringe the fundamentalprinciples of the present convention; they shall cease when thepersons captured have entered a prisoners of war camp ( G . P .W.,a r t . 1) .

74. In power of e ne my pow er ; t r e a t e d w i t h hum a n i t y ;rep ris al s prohibited.-Prisoners of war ar e in th e power of th eenemy power, but not of the individuals or bodies of troops whocapture them.They must at all times be treated with humanity and pro-tected, particularly against acts of violence, insults, and publiccuriosity.Measures of reprisal against them are prohibited ( G . P . W.,a r t . 2) .

75. Persons a n d hon or t o be re spec ted; re t a i n c ivilstatus.-Prisoners of war have the right to have their personsand their honor respected. Women shall be treated with allthe regard due to their sex. Prisoners retain their full civilstatus ( G . P .W., a r t . 3 ) .76. Ma in ta in ed by ca pt or ; discriminations.-The powerdetaining prisoners of war is bound to provide for theirmaintenance.Discriminations in treatment between prisoners are lawfulonly when they a re based on the military rank, sta te of physical


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BASIC FIELD MANUAL 17or mental health, professional qualifications, or the sex of thosewho profit by such discriminations (G.P.W., qrt . 4 ) .

77. W h o m a y b e co me prisoners of war.-a. The armedforces.-The armed forces of the belligerent parties may consistof combatants and noncombatants. In the case of capture bythe enemy, both have a right to be treated as prisoners of war(H.R., art . 3).

b. .Individuals who follow the army.-Individuals who followarmed forces without directly belonging thereto, such as corre-spondents, newspaper reporters, sutlers, contractors, who fallinto the enemy's hands and whom the latter thinks expedient todetain, shall be entitled to be treated as prisoners of war, pro-vided they are in possession of a certificate from the militaryauthorities of the armed forces which they were accompanying(G.P.W., title VZI, art. 81).

c. Wounded and sick.-Subject to the care that must be takenof them under the preceding article (ar t .1, G .W.S. par. 475);the wounded and sick of an army who fall into the power of theother belligerent shall be prisoners of war, and the general rulesof international law in respect to prisoners shall be applicableto them (G. W.S., art . 2 ) .d . Levee en muse.-The citizens who rise en masse to defendtheir territory or district from invasion by the enemy, if captured,are entitled to be trea ted as prisoners of war.

e. High civil functionaries.-High civil functionaries such asthe sovereign and members of the royal family, the president orhead of a republican state, a nd th e ministers who direct th epolicy of a state are liable t o be made prisoners of war whetheraccompanying a n army or not.f . Civil oficials and diplomatic agents.-Civil officials anddiplomatic agents attached to the army may be made prisonersof war.

g. Inhabitants.-Persons whose services are of particular use t othe hostile army or its government, such as the higher civilofficials, diplomatic agents, couriers, guides, etc., also all personswho may be harmful to the opposing st at e while a t liberty, suchas prominent and influential political leaders, journalists, localauthorities, clergymen, and teachers, in case they incite thepeople to resistance, may be made prisoners of war.h. Hoslages.-when a hostage is accepted he is treated as a

prisoner of war.


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18 BASIC FIELD MANUAL78. Milit ary a t t a c h & a n d ag en ts of neutrals .-Mili tary

att aches and diplomatic agents of neutral powers, accompanyingan army in th e field or found within a captured fortress, ar e notordinarily held as prisoners, provided they have proper papers ofidentification in their possession and take no par t in the hostilities.They may, however, be ordered out of the theater of war, and,if necessary, handed over by the captor to the ministers of theirrespective countries.79. M u s t g ive n a m e a n d r a n k ; c oerci on t o o b t a i n mili-t a r y i n f o r m a t i o n prohibited.-Every prisoner of war is boundto give, if he is questioned on the subject, his true names andrank, or else his serial number.

In case h e infringes this rule, he shall be liable to restrictionof the privileges accorded to prisoners of his category.No coercion may be used on prisoners to obtain information

relative to the state of their army or country. Prisoners whorefuse to answer may not be threatened, insulted, or exposed tounpleasant or disadvantageous treatment of any kind whatever.

If, because of his physical or mental condition, a prisoner isunable to identify himself, he shall be turned over to the medicalauthorities (G.P.W., art. 5 ) .

80. Effects thet m a y b e re ta in ed b y prisoners.-Alleffects and objects of personal use-except arms, horses, mili-tary equipment, and military papers-shall remain in the posses-sion of prisoners of war, a s well a s metal helmets and gasmasks.Su ms in the possession of prisoners may not b e taken awayfrom them except by order of an officer and after the amount i sdetermined. A receipt shall be given. Su ms thus taken awayshall be credited to the account of each prisoner.

Identiscation tags and cards, insignia of rank, decorations andobjects of value, may not be taken from prisoners (G.P.W.,art. 6 ) .81. Evacuation.-Prisoners of war shall be evacuated within

th e shortest possible period after their capture, to depots locatedin a region far enough from the zone of combat for them to beout of danger.I Only prisoners who, because of wounds or sickness, wouldrun greater risks by being evacuated than by remaining wherethey are, may be temporarily kept i n a dangerous zone.

Prisoners shall not be needlessly exposed to danger whileawaiting their evacuation from a combat zone.


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BASIC FIELD MANUAL 19Evacuation of prisoners, on foot, may normally be effectedonly by stages of 20 kilometers a day, unless the necessity ofreaching water and food depots requires longer stages (G.P.W.,art. 7 ) .82. Notification of c ap tu re of prisoners; correspo ndenc e

with family.-Belligerents are bound to notify each other re-ciprocally as soon as possible, through the intermediary of theinformation bureaus a s organized under article 77 (see par. 164)of every capture of prisoners. They are likewise bound toinform each other of the official addresses to which the cor-respondence from the families to prisoners of war may b e sent.As soon as possible, every prisoner must be enabled to cor-respond with his family himself, under the conditions providedin article 36 (see par. 110) and following.As regards prisoners captured sat sea, the provisions of thepresent article shall b e observed a s soon as possible after arrivala t port (G.P.W., art . 8 ) .

83. Internment.-Pri soners of war may b e interned in atown, fortress, or other place, and bound not to go beyondcertain fixed limits. They may also be interned in enclosedcamps; they may not be confined or locked up except a s anindispensable measure of safety or sanitation, and only whilethe circumstances which necessitate this measure contillue toexist.Prisoners, captured in unhealthful regions or where the cli-mate is injurious for persons coming from temperate regions,shall be transported, as soon as possible, to a more favorableclimate.Belligerents shall, so far as possible, avoid assembling in asingle camp prisoners of different races or nationalities.No prisoner may, at any time, be sent back into a region 'where he might be exposed to the fire of a combat zone nor usedto give protection from bombardment to certain points or certainregions by his presence (G.P.W., art. 9 ) .84. Ins ta l la t ion of camps.-Prisoners of war shall be lodgedin buildings or in barracks affording all possible safeguards a sto hygiene and healthfulness.The quarters must be fully protected from dampness, suffi-ciently heated and lighted. All precautions must be takenagainst danger of fire.As to the dormitories, the total area and minimum air spaceof dormitories, accommodations and bedding therein, shall be


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20 BASIC FIELD MANUALthe same as those provided for the troops at base camps of thedetaining power ( G . P .W., art . 10).

85. Rations; collective disciplinary measures affect-ing.-The food ration of prisoners of war shall be equal i nquantity and quality to that of troops a t base camps.Furthermore, prisoners shall receive facilities for preparing,themselves, additional food which they may have.A sufficiency of potable water shall be furnished them. Theuse of tobacco shall be permitted. Prisoners may be employedin the kitchens.

All collective disciplinary measures affecting the food areprohibited ( G . P .W., art . 11).86. Clothing; canteens.--Outer clothing, underwear, andfootwear shall be furnished prisoners of war by the detainingpower. Replacement and repair of these articles must b eassured regularly. In addition, workers must receive workclothes wherever the nature of the work requires it.Canteens shall be installed in all camps where prisoners mayobtain, at the local market price, food products and ordinaryarticles.Profits obtained by the management of the camps from theoperation of the canteens shall be used for the benefit of theprisoners ( G . P . W., art . 12).87. Hygiene.-Belligerents shall be bound to take all sani-tary measures necessary to assure the cleanliness and health-

fulness of camps and to prevent epidenaics.Prisoners of war shall have at their disposal, day and night,installations conforming to sanitary rules and constantly main-tained in a st at e of cleanliness.Furthermore, in addition to baths and showers with which thecamps shall be as well provided as possible, prisoners shall befurnished a sufficient quantity of water to permit of their bodilycleanliness.They must be enabled to take physical exercises .and enjoythe open air ( G . P .W., art . 13).

88. Infirmaries.-Every camp shall have a n infirmary,where prisoners of war shall receive every kind of attentionthey need. If necessary, isolation quarters shal l be reservedfor the sick affected with contagious diseases.Expenses of treatment, including thereh those of temporaryprosthetic equipment, shal l be borne by the detaining power.


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BASIC FIELD MANUAL 21Upon request, belligerents shall be bound to deliver to everyprisoner treated an official statement showing the nature andduration of his illness as well a s the attention received.I t shall b e permissible for belligerents reciprocally t o author-ize, by means of special arrangements, the retention in the campsof physicians and hospital attendants to care for prisoners oftheir own country.Prisoners affected with a serious illness or whose conditionnecessitates a major surgical operation must be admitted, a tthe expense of the detaining power, to any military or civilmedical establishment qualified to treat them. (G.P. W.,

art . 14).89 . Medical inspections.-Medical inspections of prisonersof war shall b e held a t least once a month. Their purpose shall beto determine the general state of health and cleanliness, and todetect contagious diseases, particularly tuberculosis and venerealdiseases (G.P.W., ar t . 1 5 ) .90. Religious freedom.-Prisoners of war shall enjoy com-

plete liberty in the exercise of their religion, including attendanceat the services of whatever religion they may belong to, on thesole condition that they comply with the measures of order andpolice issued by the military authorities.Ministers of a religion, prisoners of war, whatever their reli-gious denomination, shall be allowed t o minister fully to theircoreligionists (G.P.W., art . 16).91. Recreation.-Belligerents shall encourage a s much a s

possible intellectual recreations and sports organized by prison-ers of war (G.P. W., ar t . 17).92 . C am p s t o b e c o m m a n d e d by officers; salutes.-Every prisoner of war camp shall be placed under the commandof a responsible officer.Besides the external marks of respect provided by the regula-tions in force in their armies with regard to their nationals,

prisoners of war must salute all officers of the detaining power.Officers who are prisoners of war are bound to salute onlyofficers of a higher or equal rank of the detaining power(G.P.W., art. 18).93. Ins ign ia a n d decorations.-The wearing of insignia ofrank and of decorations shall be authorized (G.P.W., art . 19).94. Regulat ions , orders , etc., t o be co mm un ic a t ed t oprisoners.-Regulations, orders, notices, and proclamations

of every kind must be communicated to prisoners of war in a


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22 BASIC FIELD MANUALlanguage which they understand. The sam e principle shall beapplied in interrogations (G.P.W., a r t . 20).

95. Offlcers a n d persons of assimi lated s t a t u s (assi-mi lds) ; bel l igeren ts t o no t i fy ea ch o the r of t i t l e s a n d rank;r a n k a n d age t o b e respected.-Upon the beginning of hostili-ties, belligerents shall be bound to communicate to each otherreciprocally th e titles and ranks in use in their respective armies,with a view to assuring equality of treatment between officersand assirnilds of equivalent rank.

Officers and assirnil4s who are prisoners of war shall betreated with the regard d ue their rankand age (G.P.W., a r t . 21).

96. OfRcers' c a m p s ; fo od a n d clothing.-In order to as-sure service in officers' camps, soldiers of the same army whoare prisoners of war and, a s far a s possible, who speak the samelanguage, shall be assigned thereto, in sufficient numbers, con-sidering the rank of the officers and assimil6s.

The latter shall procure their food and clothing from the paywhich they shall receive from the detaining power. Themanagement of the mess by the officers themselves should befacilitated in every way (G.P.W., ar t . 22).97. P a y of officers a n d assirnil6.s; r a t e of exchange;reimbursement .-Subject to special arrangements between th ebelligerent powers, and particularly those provided in article 24(see par. 98), officers and assimil4s who ar e prisoners of warshall receive from the detaining power the same pay a s officersof corresponding rank in the armies of that power, on th e con-dition, however, that such pay does not exceed that to whichthey are entitled in the armies of the country which they haveserved. They shall receive such pay in full, once a month ifpossible, without any deduction being made for expenses charge-able to the detaining power, even if these expenses were made infavor of the said prisoners.

An agreement between the belligerents shall fix the rate ofexchange applicable to such payment; in t he absence of such anagreement, the ra te adopted shall b e that in force a t the openingof hostilities.

All disbursements made to prisoners of war a s pay must bereimbursed, at the end of hostilities, by the power which theyhave served (G.P.W., art. 23).98.M a x i m u m a m o u n t of m o n e y r et a in e d; b a la n ce

credi ted o r deposi ted in bank.-Upon the outbreak of hostili-ties, th e belligerents shall, by common agreement, fix th e mari-


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BASIC FIELD MANUAL 23mum amount of ready money which prisoners of war of variousrank s and categories shall be allowed to keep in their possession.Any surplus taken or withheld from a prisoner a s well a s anysum deposited by him shall be credited to his account, and maynot be converted into another currency without his consent.

The balance credited to their accounts shall be paid toprisoners of war at the end of their captivity.

During their imprisonment, facilities shall be granted themfor th e transfer of these amounts, in whole or in part, to banks orprivate persons in their country of origin ( G . P .W., art. 2 4 ) .

99 . Tr an sf er ; sick a n d wounded.-Unless th e conduct ofmilitary operations so requires, sick and wounded prisoners ofwar shall not be transferred a s long as their recovery might beendangered by the journey ( G . P .W., art . 2 5 ) .100. Transfer ; noti f ica tion of d est i na t ion ; re t en t i on of

effects ; accoun t s ; expenses.-In case of transfer, prisonersof war shall be officially notified of their new destination inadvance; they shall be allowed to take with them their personaleffects, their correspondence and packages which have arrivedaddressed to them.

All due measures shall be taken that correspondence andpackages addressed to their former camp may be forwarded tothem without delay.

Su ms deposited to th e account of transferred prisoners shallbe transmitted to th e competent authority of the place to whichthey have been transferred.The expenses occasioned by the transfer shall be charged tothe detaining power ( G . P .W., art . 2 6 ) .101.Work aut ho ri zed ; exceptions; accident al injuries.-

Belligerents may employ as workers, according to their rank andaptitude, all able-bodied prisoners of war with the exception ofofficers and assimills.

However, if officers or assinzil&s request suitable work, itshall be secured for them so far a s is possible.

Noncommissioned officers who are prisoners of war shall onlybe required to do supervisory work, unless they expresslyrequest a remunerative occupation.

Belligerents shall be bound, during the whole period ofcaptivity, to allow to prisoners of war who are victims of accidentsin c~nnect ionwith their work the enjoyment of the benefit of theprovisions applicable to workers of the same category accordingto the legislation of the detaining power. With regard to


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24 BASIC FIELD MANUALprisoners of war to whom these legal provisions might not beapplied by reason of the legislation of that power, the latterundertakes to recommend to its legislative body all propermeasures equitably to indemnify the victims (G .P. W., a r t . 27).102. Ma in te na nc e while working f or priva te persons.-The detaining power shall assume entire responsibility for themaintenance, care, treatment , and payment of wages of prisonersof war working for private individuals (G.P.W., ar t . 28).103. Work for prisoner physically unfit prohibited.-No prisoner of war may be employed at work for which he isphysically unfit (G.P.W., ar t . 29).104. L e n g t h of day's work.-The length of the day's workof prisoners of war, including therein the trip going and returning,shall not be excessive and must not, in any case, exceed thatallowed for the civil workers in the region employed at th e samework. Every prisoner shall be allowed a res t of 24 consecutivehours every week, preferably on Sunday (G.P. W., ar t . 30) .105. Work rela ted t o war opera t ions prohibi ted; prot es tsfo r violations.-Work done by prisoners of war shall have nodirect relation with war operations. It is forbidden in particularto employ prisoners for manufacturing and transporting arms ormunitions of any kind, or for transporting materiel intended forcombatant units.In case of violation of the provisions of the preceding para-graph, prisoners, after executing or beginning toexecute theorder, shall be free to have their protests presented through the

agents whose functions are set forth in articles 43 and 44 (seepars. 117, 118), or, in the absence of an agent, through theintermediary of representatives of the protecting power (G.P. W.,ar t . 31) .106. Unheal thful or dangerous work; aggravat ion ofworking condit ions as disciplinary measure forbidden.-I t is forbidden to use prisoners of war on unhealthful or danger-

ous work.Any aggravation of the working conditions as a disciplinarymeasure is forbidden (G.P.W., art . 32).107. Work detachments : sani tary condi t ions , food,etc.-The regime of work detachments must be similar to thatof prisoners of war camps, particularly with regard to sanitaryconditions, food, attention in case of accident or sickness,correspondence, and the receipt of packages.


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Every work detachment shall be attached to a prisoners' camp.The commandant of that camp shall be responsible for theobservance, in the work detachment, of the provisions of thepresent Convention (G.P.W., art . 33).108.Wages; fixed by agreements ; ru les for de te rm inin gpayments.-Prisoners of war shall not receive wages for workconnected with the administration, installation, and maintenanceof the camps.Prisoners employed for other work shall be entitled to wagesto be fixed by agreements between the belligerents.These agreements shall also specify the part which the campadministration may retain, the amount which shall belong tothe prisoner of war and the msnaer in which that amount shallbe put at his disposal during the period of his captivity.Whiie awaiting the conclusion of the said agreements, pay-ment for work of prisoners shall be determined according to therules given below:a. Work done for the s ta te shall be paid for in accordancewith the rates in force for military personnel of the nationalarmy doing the same work, or, if none exists, according to a ratein harmony with the work performed.b. When the work is done for the account of other publicadministrations or for private persons, conditions shall beregulated by agreement with the military authority.The balance remaining t o the credit of the prisoner shall bedelivered to him at the end of his captivity. In case of death.it shall be forwarded through diplomatic channels to the heirsof the deceased (G.P. W., art . 34).109. Exte rnal relations-publication of measures.-Upon the outbreak of hostilities, belligerents shall publish themeasures provided for the execution of the provisions of thissection (G.P.W., art . 35). The provisions referred to arethose comprised in paragraphs 110 t o 115.110. Correspondence.-Each of the belligerents shall peri-odically determine the number of letters and postal cards whichprisoners of war of the various categories shalI be allowed tosend each month, and shall inform the other belligerent of thisnumber. These let ters and cards shall b e transmitted by postby the shortest route. They may not be delayed or retained fordisciplinary reasons.Within a period of not more than one week after his arrivalat the camp, and likewise in case of sickness, every prisoner shall


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26 BASIC FIELD MANUALb e enabled to write his. family a postal card informing it of hiscapture and of the state of his health. The said postal cardsshall b e forwarded a s rapidly a s possible and may not b e delayedin any manner.As a general rule, correspondence of prisoners shall b ewritten in their mother tongue. Belligerents may allow corre-spondence in other languages (G.P.W., art . 3 6 ) .

1 1 . Postal parcels containing food or c lothing.-Prisoners of war shall be allowed individually to receive parcelsby mail, containing food and other articles intended to clothe orfeed them. Packages shall be delivered to th e addressees upona receipt (G.P.W., art . 37).

112. Let ters , po sta l parcels , g i f ts , etc., ex em pt fr o mpo st al charges, i m p o r t du ti es ; telegrams.-Letters and con-signments of money or valuables, a s well a s postal parcels in-tended for prisoners of war or dispatched by them, either di-rectly, or through the information bureaus provided for inarticle 77 (see par. 164), shall be exempt from all postal chargesin the countries of origin and destination, a s well a s in thecountries they pass through.

Gifts and relief in kind for prisoners shall be likewise exemptfrom all import and other duties, a s well a s from payments forcarriage by the s ta te railways.

Prisoners may, in case of acknowledged urgency, be allowedto send telegrams, paying t he usual charges (G.P.IV., art . 38).

113. Books received s u b j e c t t o censorship.-Prisonersof war shall be allowed to receive shipments of books individuallywhich may be subject to censorship.

Representatives of the protecting powers and dnly recognizedand authorized aid societies may send works and collections ofbooks to the libraries of prisoners' camps. The transmission ofthese shipments to libraries may not be delayed under thepretext of censorship difficulties (G.P. W . , art . 39).

114. Censorsh ip of correspondence.-Censorship of cor-respondence must be effected within the shortest possible time.Furthermore, inspection of parcels post must be effected underproper conditions to guarantee the preservation of the articleswhich they may contain and, if possible, in the presence of theaddres see or an agent dnly recognized by him.

Prohibitions of correspondence promulgated by the belliger-ents for military or political reasons, must be of a temporarynature only and of the shortest duration possible (G.P.W., art.40 ) .


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BASIC FIELD MANUAL 27115. Transmiss ion of doc ume nts ; au th en t ica t ion ofsignatures.-Belligerents shall assure all facilities for the trans-mission of instruments, papers or documents intended for

prisoners of war or signed by them, particularly of powers ofattorney and wills.They shall take t he necessary measures to assure, in case ofnecessity, the authentication of signatures made by prisoners(G.P.W., ar t . 4 1 ) .116. Complaints.-Prisoners of war shall have the right toinform the military authorities in whose power they are, of their

reques ts with regard to th e regime of captivity to which they aresubjected.They shall also have the right to address themselves to repre-sentatives of the protecting powers to indicate to them thepoints on which they have complaints to formulate with regardto the regime of captivity.These requests and complaints must be transmitted imme-diately.Even if they are found to be baseless, they shall not occasionany punishment (G.P.W., art . 42) .117. Agents ; intermediaries .-In every place where thereare prisoners of war, they shall be allowed to appoint agentsentrusted with representing them directly with the militaryauthorities and the protecting powers.This appointment shall be subject to the approval of themilitary authority.The agents shall be entrusted with the reception and distri-bution of collective shipments. Likewise, in case the prisonersshould decide to organize a mutual assistance system amongthemselves, this organization would be within the competence ofthe agents. Further, they may lend their services to prisonersto facilitate their relations with the aid societies mentioned inarticle 78. (See par. 165.)In camps of officers and assirnil&, the senior officer, prisonerof war, in the highest grade shall be recognized a s intermediarybetween the camp authorities and the officers and assimil6swho are prisoners. For this purpose, he shall have the powerto appoint an officer prisoner to assist him as an interpreterduring the conferences with the camp authorities (G.P.W.,art. 43).


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28 BASIC FIELD MANUAL118. Emp loym ent of agen ts a s workers ; in te rcoursew i t h au th or it ie s; tr an sf er of agents.-When the agentsare employed as workers, the time spent on their duties as

representatives of prisoners of war shall be included in thecompulsory working hours.All facilities shall be accorded the agents for their intercoursewith the military authorities and with the protecting powerThis intercourse shall not b e limited.No representative of the prisoners may be transferred withoutthe necessary time being allowed him to acquaint his successorswith current matters (G.P.W., art. 44 ) .119. Pr isoners subje c t t o laws a n d regula t ions of de-t a i n i n g power.-Prisoners of war shall be subject to the laws,regulations, and orders in force in the armies of the detainingpower.Any act of insubordination shall justify the adoption towardsthem of the measures provided by such laws, regulations andorders.The provisions of the present chapter, however, are controlling(G.P.W., art. 45 ) .The provisions here indicated are those quoted in paragraphs120 t o 141.

120. P u n i s h m e n t s ; l i mi ta ti ons ; corporal; collective.-Punishments other than those provided for the same acts forsoldiers of the national armies may not be imposed upon prison-ers of war by the military authorities and courts of the detainingpower.Officers, noncommissioned officers or soldiers who areprisoners of war undergoing disciplinary punishment, shall notreceive less favorable treatment than that provided in connec-tion with the same punishment for those of equal rank in thearmy.

Any corporal punishment, any imprisonment in quarterswithout daylight, and, in general, any form whatever of cruelty,is forbidden.Collective punishment for individual acts is also forbidden(G.P.W., art . 46).

121. Verification of offenses; pr el im in ar y jud ici alproceedings; imprisonment pending tr ial deducted.-Acts constituting an offense against discipline, and particularly.attempted escape, shall be verified immediately; for all prisoners


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BASIC FIELD MANUAL 29of war, commissioned or not, preventive arrest shall be reducedt o the absolute minimum.Preliminary judicial proceedings against prisoners of warshall be conducted a s rapidly a s the circumstances permit.Imprisonment pending trial shall b e restricted a s much a spossible.I n all cases, the period of imprisonment pending trial shallbe deducted from the disciplinary or the judicial punishmentinflicted, in so far as such deduction is allowed for nationalsoldiers (G.P.W., art . 47).

122. Tr ea t men t a f t e r pu n i s hme nt ; a t t emp ted escape.- Prisoners of war may not be treated differently from other prisoners after having suffered t he judicial or disciplinary punishment which has been imposed on them. Nevertheless, prisoners punished a s a result of attemptedescape may be subjected to special surveillance, which, how-ever, may not entail the suppression of the guaranties grantedprisoners by the present convention (G.P.W., art . 48).123. No t t o b e deprived of r an k; offlcers a n d assimil6sunde rgo i ng pun i sh me n t n o t t o be conf ined w i t h e n li s te dmen.-No prisoner of war may be deprived of his rank by thedetaining power. )Prisoners given disciplinary punishment may not be deprivedof the prerogatives attached to their rank. I n particular, officersand assimilds who suffer punishment inbolving deprivation of

liberty shall not be placed in the same quarters as noncom-missioned officers or privates undergoing punishment (G.P.W.,ar t . 49).

124. Escaped pr isoners recaptured, sub jec t t o pu ni sh -ment.-Escaped prisoners of war who are retaken beforebeing able to rejoin their own army or to leave the territoryoccupied by the army which captured them shall-be liable on!yto disciplinary punishment.Prisoners who, after having succeeded in rejoining theirarmy or in leaving the territory occupied by the army whichcaptured them, may again be taken prisoners, shall not be liableto any punishment on account of their previous flight (G.P.W.,art . 50). 1

125. Attempted escape as inc ident to other offenses;assi st ing i n escape.-Attempted escape, even if it is not afirst offense, shall not b e considered a s an aggravating circum-stance in case the prisoner of war should be given over to the


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30 BASIC FIELD MANUALcourts on account of crimes or offenses against persons orproperty committed in the course of that attempt.After an attempted or accoinplished escape, the comrirdes ofthe person escaping who assisted in the escape, may incrur onlydisciplinary punishment on this account ( G . P .W., ar t . 56).126. Leniency i n deciding whe th er jud ic ia l o r su m m a r ypunishment be imposed ; dua l pun i shment fo rb idden . -Belligerents shall see that the competent authorities exercisethe greatest leniency in deciding the question of whether aninfraction committed by a prisoner of war should be punishedsummarily or judicially.This shall be the case especially when it is a question ofdeciding on facts in connection with escape or attempted escape.A prisoner may not be punished more than once because ofthe same offense or on the same charge ( G . P .W., ar t . 52).127. S u m m a r y p u n i s h m e n t n o t t o delay r e pa tr ia ti on ;pen al prosecut ion , co nt r a ; lists of la t te r cases t o be ex-changed by belligerents.-No prisoner of war on whom a

summary punishment has been imposed, who might be eligiblefor repatriation, may be kept back because he has not undergonethe punishment.Prisoners to be repatriated who may be undergoing a penalprosecution may be excluded from repatriation until the end ofthe proceedings and, if necessary, until the completion of thepunishment; those who may be already imprisoned by virtueof a sentence may be detained until the end of their imprison-ment.Belligerents shall communicate to each other t he lists of thosewho for the reasons given in the preceding paragraph, cannot berepatriated (G.P. W., ar t . 53).128. M a x i m u m s u m m a r y punishments .-Arrest i s themost severe summary punishment which may be imposed on aprisoner of war.The duration of a single punishment may not exceed 30 days.Furthermore, this maximum of 38 days may not be exceededin -the case of prisoner subjected at one time to summary punish-ment for several acts. whether these acts be connected or not.When, during or after the end of a period of arrest, a prisonershall have a new summary punishment imposed upon him. aspace of at least 3 days shall separate each of the periods ofarrcst, if one of them is 10 days or more ( G . P .W., ar t . 54 ) .


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BASIC FIELD MANUAL 31120, Fo od restri ction s a s punishment.-Subject to theprovision which is the subject of the last paragraph of article I I

(see par. 85), food restrictions allowed in the armies of the de-taining power are applicable, a s an increase of punishment, toprisoners of war given summary punishment.However, these restrictions may be ordered only if the stateof health of the prisoners punished permits i t (G.P.W., ar t . 55).130. Tra nsfe r t o penitentiar ies , convict prisons, etc. ,pro hib ite d; s an i t a r y re qu ir em en ts ; exercise.-In no casemay prisoners of war be transferred to penitentiary establish-

ments (prisons, penitentiaries, convict prisons, etc.) there toundergo summary punishment.The quarters in which summary punishment is undergoneshall conform to sanitary requirements.Prisoners punished shall be enabled to keep themselves in astate of cleanliness.These prisoners shall be allowed to exercise or to stay inthe open air a t least 2 hours every day (G.P.W., ar t . 56).131. Correspondence; delivery of packages.-Prisonersof war given summary punishment shall be allowed to read andwrite, a s well a s to send and receive letters.On the other hand, delivery to th e addressees of packages andmoney sent may be withheld until the expiration of the punish-ment. If the packages not delivered contain perishable prod-ucts, these shall be turned over to th e camp infirmary or kitchen

(G.P.W., ar t . 57).132. Medical inspection.-Prisoners of war given sum-mary punishment shall be allowed, on their request, to be presentat t h e daily medical inspection. They shall receive the careconsidered necessary by the doctors and, if necessary, shall beevacuated to th e camp infirmary or to hospitals (G.P.W . , a r t , 58) .133. S u m m a r y p u n i s h m e n t t o b e i m p o se d onl y b y

officers ves ted wi th discip linary authority.-Under reserva-tion of the rights to courts and superior military authoritiesto exercise their legitimate functions, summary punishmentshall only be pronounced by an officer vested with disciplinaryauthority in his capacity a s commander of a camp or of a de-tachment, or by the responsible officer replacing him (G.P.w.,art. 59) .

134. Jud ici al prosecutions; notic e t o pr ote cti ng power.-At the opening of a judicial proceeding directed against aprisoner of war, the detaining power shall advise the representa-


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32 BASIC FIELD MANUALtive of the protecting power thereof a s soon a s possible, andalways before the dat e se t for the opening of t he trial.This advice shall contain t he following information:

(a) Civil status and rank of prisoner;(b) Place of sojourn or imprisonment;(c) Statement of the charges and specifications, with noticeof the legal provisions applicable.If i t is not possible to indicate in such notice the court whichwill pass upon the matter, the date of opening of the trial andthe place where it will take place, this information must be

furnished to the representative of the protecting power later, assoon a s possible, and a t all events, a t least 3 weeks beforethe opening of the trial (G.P.W., art . 60).135. Ri gh t t o de fend ; n o t compelled t o a d m i t guilt.-No prisoner of war may be sentenced without having had anopportunity to defend himself.No prisoner may be compelled to admit himself guilty of the

act of which h e is accused (G.P.W., art . 61).136. Righ t to counse l ; in te rp re te r ; r ep resen ta t ive ofpr ot ec ti ng power m a y a t t e n d tria l; exception.-The pris-oner of war shall have the right to assistance by a qualifiedcounsel of his choice and, if necessary,to have recourse to theservices of a competent interpreter. H e shall b e advised ofhis right by the detaining power, in due time before the trial.In default of a choice by the prisoner, the protecting powermay obtain a counsel for him. The detaining power shalldeliver to the protecting power, on its request, a list of personsqualified to present the defense.Representatives of the protecting power shall be entitled toattend the trial of the case.The only exception to this rule is the case where the trial ofthe case must b e secret in the interest of t he safety of the State.The detaining power shall so advise the protecting power(G.P. W., art . 6 2 ) .

137. W h a t cou r ts t o pro nou nce sen tence ; procedure.-Sentence may be pronounced against a prisoner of war only byth e sa me courts and according to t he same procedure a s in thecase of persons belonging to the armed forces of the detainingpower (G.P.W., art . 63).138. R i g h t t o appeal.-Every prisoner of war shall havethe right of appeal against any sentence rendered with regardto him, in the same way as individuals belonging to the armedforces of the detaining power (G.P. W., art . 6 4 ) .


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BASIC FIELD MANUAL 33139. Notice of se nt en ce t o pr ot ec ti ng power.--Sentencespronounced against prisoners of war shall be communicated to

the protecting power immediately (G.P.W., art . 65).140. Dea th penal ty ; no t i ce o f; n o t t o be executed fo r3 m o n t h s a f t e r notice.-If the death penalty is pro-nounced against a prisoner of war, a communication settingforth in detail the nature and circumstances of the offense shallbe sent a s soon a s possible to t he representative of the protect-ing power for transmission to the power in whose armies theprisoner served.The sentence shall not be executed before t.he expiration of aperiod of at least 3 months after this communication (G.P. W.,ar t . 66).141. Provisions of ar ticl e 42 n o t affected by sentence.-No prisoner of war may be deprived of the benefit of the pro-visions of article 42 (see par. 116) of the present convention a s aresult of a sentence or otherwise (G.P.W., art . 67).142. Ser iously s ick o r w ounde d t o b e r e t u rne d t o t he i ro w n coun t ry ; mode l agreeme nt rega rding repa t ri a t ion o rhospital izat ion in n e u t r a l country.-Belligerents ar e boundto send back to their own country, regardless of rank or number,seriously sick and severely wounded prisoners of war, afterhaving brought them to a condition where they can be trans-ported.Agreements between belligerents shall accordingly settle assoon a s possible the cases of disability or of sickness, involvingdirect repatriation, a s well a s t he cases involving possible hos-pitalization in a neutral country. While awaiting the conclusionof these agreements, belligerents may follow the model agree-ment annexed, as a n exhibit, to the present convention (scc par.173) (G.P.W., art. 68).143. Mixed me dica l commissions.-Upon the outbreak of

hostilities, belligerents, shall come to an agreement to name mixedmedical commissions. These commissions shall b e composedof three members, two of them belonging to a neutral countryand one appointed by the detaining power; a physician of theneutral country shall preside. These mixed medical commis-sions shall proceed to the examiliation of sick or woundedprisoners and shall make all necessary decisions regardingthem.Decisions of these commissions shall be by majority andcarried out with the least possible delay (G.P. W., art . 69).


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34 BASIC FIELD MANUAL144. In spe ct i on of pr isoners wi t h view t o di rect repatr ia .

tion.-Besides those who are designated by the camp physicianth e following prisoners of war shal l be inspected by the mixecmedical commission mentioned in article 69 (see par. 143), wit1a view to their direct repatriation or their hospitalization in 2neutral country:

a. prisoners who make such a request directly of the cam1physician.

b. prisoners who a re presented by the agents provided for i narticle 43 (see par. 117) , acting on their own initiative or at thcrequest of the prisoners themselves.c. prisoners who have been proposed by the power in whosearmies they have served or by an aid society duly recognizedand authorized by that power ( G . P .W., a r t 70).

145 . Pr is on er s vi ct im s of accidents.-Prisoners of warwho are victims of accidents in connection with work, exceptthose who have deliberately injured themselves, shall enjoy thebenefit of the s ame provisions, a s far a s repatriation or pos-sible hospitalization in a neutral country i s concerned (G.P.W.,ar t . 71 ) .

146. Able-bodied pri son ers he ld captive f o r lo ng period.-Throughout the duration of hostilities and from humane consider-ations, belligerents may conclude agreements with a view to thedirect repatriation or hospitalization in a neutral country of able-bodied prisoners of war who have undergone a long period ofcaptivity (G.P.W., ar t . 72).

147. Expenses of repatriation.-The expenses of repatriationor of transportation to a neutral country of prisoners of war shallbe borne, from the frontiers of the detaining power, by the powerin whose armies the prisoners have served (G.P.W., ar t . 73 ) .

148 . Repa t r i a t ed persons n o t elig ib le fo r act ive m i l i t a r yservice.-No repatriated person may be utilized in active militaryservice (G.P.W., ar t . 74 ) .

149. Paro le pe r m it te d if la ws of t he ir c o un tr y allow.-Prisoners of war may be set at liberty on parole if the laws oftheir country allow and, in such cases, they a re bound, on thei rpersonal honor, scrupulously to fulfill, both toward their owngovernment and the government by whom they were madeprisoners, the engagements they have contracted.

I n such cases their own government is bound neither torequire of nor accept from them any service incompatible withthe parole given (W.A., ar t . 10).


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BASIC FIELD MANUAL 3515 0. F o r m a n d sub s ta nce of parole.-The parole should be

in writing and signed by t he prisoner. It should stat e in clear andunequivocal language exactly what acts the prisoner is obligatednot t o do, particularly as to whether he is bound t o refrain fromall acts against the captor or only from taking part directly innlilitary operations.

1 51. Pa ro le of enl is ted men.-No noncommissioned officeror private can give his parole except through a n officer of his ownarmy. The only admissible exception is where an individualproperly separated from his command has suffered long confine-ment without the possibility of being paroled through an officer.152. Pa ro le of commissioned officers.-Commissioned offi-cers can give their paroles only with the perinission of a militarysuperior as long as such superior is accessible.

153. Pa ro le ineffectual.-No paroling on the battlefield, noparoling of entire bodies of troops after a battle, and no dismissalof large numbers or prisoners, with a general declaration t hatthey are paroled, is permit ted or of any value.

154. Parol ing d iscret ionary w i t h bel l igerent govern-ment.-A belligerent government may declare, by a generalorder, whether it will allow paroling, and on what conditions itwill allow it. Such order is communicated to the enemy.

15 5. No t co mp el le d t o accep t parole.-A prisoner of warcan not be compelled to accept his liberty on parole; similarly thehostile government is not obliged to accede to the request of theprisoner to be se t a t liberty on parole (H .R . , art . 11).156. Vio la tion of parole.-Prisoners of war liberated onparole and recaptured bearing arms against the government towhom they had pledged their honor, or against th e allies of thatgovernment, forfeit their right to b e treated a s prisoners of war,and can be brought before the courts ( H . R . , art . 1 2 ) .

15 7. Exchange of pr is on er s n o t o