Military Aid to the Civil Power

accordance with Article I, shall be regarded as belligerents if they carry arms openly and if they respect the laws and customs of war.

ART. III. The armed forces of the belligerent parties may consist of combatants and noncombatants. In the case of capture by the enemy, both have a right to be treated as prisoners of war.

CHAPTER II.-Prisoners of war.

ART. IV. Prisoners of war are in the power of the hostile Government, but not of the individuals or corps who capture them.

They must be humanely treated.

All their personal belongings, except arms, horses, and military papers, remain their property.

ART. V. Prisoners of war may be interned in a town, fortress, camp, or other place, and bound not to go beyond certain fixed limits; but they can not be confined except as an indispensable measure of safety and only while the circumstances which necessitate the measure continue to exist.

ART. VI. The State may utilize the labor of prisoners of war according to their rank and aptitude, officers excepted. The tasks shall not be excessive and shall have no connection with the operations of the war.

Prisoners may be authorized to work for the public service, for private persons, or on their own account.

Work done for the State is paid at the rates in force for work of a similar kind done by soldiers of the national army, or, if there are none in force, at a rate according to the work executed.

When the work is for other branches of the public service or for private persons the conditions are settled in agreement with the military authorities. The wages of the prisoners shall go toward improving their position, and the balance shall be paid them on their release, after deducting the cost of their maintenance.

ART. VII. The Government into whose hands prisoners of war have fallen is charged with their maintenance.

In the absence of a special agreement between the belligerents, prisoners of war shall be treated as regards board, lodging, and clothing on the same footing as the troops of the Government who captured them.

ART. VIII. Prisoners of war shall be subject to the laws, regulations, and orders in force in the army of the State in whose power they are. Any act of insubordination justifies the adoption toward them of such measures of severity as may be considered necessary.

Escaped prisoners who are retaken before being able to rejoin their own army or before leaving the territory occupied by the army which captured them are liable to disciplinary punishment.

Prisoners who, after succeeding in escaping, are again taken prisoners, are not liable to any punishment on account of the previous flight.

ART. IX. Every prisoner of war is bound to give, if he is questioned on the subject, his true name and rank, and if he infringes this rule, he is liable to have the advantages given to prisoners of his class curtailed.

ART. X. Prisoners of war may be set at liberty on parole if the laws of their country allow, and, in such cases, they are bound, on their personal honor, scrupulously to fulfill, both toward their own Government and the Government by whom they were made prisoners, the engagements they have contracted.

In such cases their own Government is bound neither to require of nor accept from them any service incompatible with the parole given.

ART. XI. A prisoner of war cannot be compelled to accept his liberty on parole; similarly the hostile Government is not obliged to accede to the request of the prisoner to be set at liberty on parole.

ART. XII. Prisoners of war liberated on parole and recaptured bearing arms against the Government to whom they had pledged their honor, or against the allies of that Government, forfeit their right to be treated as prisoners of war, and can be brought before the courts.

ART. 1. On the publication of this armistice, hostilities shall cease between the United States and forces at all points along and.....

the frontier of

between

ART. 2. The armistice shall continue until noon on the

day of tioned.

and until such further time as is hereinafter men

ART. 3. Either side may at any time on or after the said day of give days notice of its intention to determine the armistice, and the armistice shall be determined at the expiration of such days. Notice shall be given by writing, stating the intention to determine the armistice, and sent from the headquarters of one army to the headquarters of the other army. In reckoning time for the purpose of the said days' notice, the day on which the notice is given, at whatever hour the same may be given, shall be reckoned as an entire day, and the armistice shall expire at midnight on the ...... day succeeding the day on which the notice is given.

ART. 4. The lines of demarkation shown on the attached map shall be strictly adhered to during the armistice. The territory lying between the two lines of demarkation shall be strictly neutral, and any advance into it by any member of either army is prohibited except for the purposes of communication between the two armies. Neither army shall extend its line in a and direction beyond the

points shown as the extremities of their respective lines.

ART. 5. Subject to the restrictions mentioned in the fourth article, as respects making an advance into the neutral territory, either army may take measures to strengthen its position, and may receive reinforcements and stores of warlike and other material, and may do any other act not being an act of direct hostility.

ART. 6. During the two days following the day on which this armistice is ratified, burial parties from both armies shall be permitted to visit the field of battle of the instant, for the purpose of burying

the dead.

ART. 7. The road

will be used for communication

between the commanders-in-chief of the two armies.

ART. 8. During the continuance of the armistice the peaceful inhabitants of the country shall be allowed to pursue their occupations, and to buy from or sell to either army provisions or goods, but any measures consistent with the observance of the articles of the armistice in relation to the neutral territory may be taken by either army to prevent inhabitants, after entering the lines of or obtaining information respecting one army from passing or carrying information to the other army.

ART. 9. This armistice shall come into force immediately on its ratification by the commanders-in-chief of the two armies, and officers shall be dispatched with all speed, from the headquarters of each army, to give notice of the armistice at all points along the line.

No. 32

APPENDICES

267

AGREEMENT RESPECTING ENTRANCE OF TROOPS OF

A BELLIGERENT INTO NEUTRAL TERRITORY

(Military Convention of 1 February, 1871, between the Commander of the First French Army and the General-in-Chief of the Army of the Swiss Confederation for the entry of the French troops into Switzerland.)

The following convention has been made between General Clinchant, General-in-chief of the First French Army, and General Herzog, Generalin-chief of the Army of Swiss Confederation:

ART. 1. The French Army demanding to pass into Swiss territory will on entering lay down its arms, equipment, and ammunition.

ART. 2. These arms, equipment, and ammunition will be restored to France after peace and after the definitive settlement of the expenses occasioned to Switzerland by the sojourn of the French troops.

ART. 3. The artillery material and ammunition will be dealt with as above.

ART. 4. The horses, arms, and effects of the officers will remain at their disposal.

ART. 5. Arrangements will be made later as regards the troops horses. ART. 6. Supply and baggage wagons, after having deposited their contents, will immediately return to France with their drivers and horses.

ART. 7. The treasure chest and post wagons will be handed over with the contents to the Swiss Confederation, which will account for them when the settlement of expenses is taking place.

ART. 8. The execution of these arrangements will take place in the presence of French and Swiss officers nominated for the purpose.

ART. 9. The Confederation reserves the designation of the place of internment for officers and soldiers.

ART. 10. It is the right of the Federal Council to indicate the detailed prescriptions necessary to complete the present convention. Done in triplicate at Les Verrieres, 1st Feb., 1871.

No. 33

CAPITULATION

(Capitulation of Manila, August 14, 1898.)

The undersigned having been appointed a commission to determine the details of the capitulation of the city and defenses of Manila and its suburbs, and the Spanish forces stationed therein, in accordance with the agreement entered into the previous day by Maj. Gen. Wesley Merritt, United States Army, American commander in chief in the Philippines, and his excellency Don Fermin Jaudenes, acting general in chief of the Spanish Army in the Philippines, have agreed upon the following:

1. The Spanish troops, European and native, capitulate with the city and its defenses, with all the honors of war, depositing their arms in the places designated by the authorities of the United States, and remaining in the quarters designated and under the orders of their officers and subject to control of the aforesaid United States authorities, until the conclusion of a treaty of peace between the belligerent nations.

All persons included in the capitulation remain at liberty, the officers remaining in their respective homes, which shall be respected as long as they observe the regulations prescribed for their Government and the laws in force.

268

MILITARY AID TO THE CIVIL POWER

2. Officers shall retain their side arms, horses, and private property. 3. All public horses and public property of all kinds shall be turned over to staff officers designated by the United States.

4. Complete returns in duplicate of men by organizations, and full lists of public property and stores, shall be rendered to the United States within 10 days from this date.

5. All questions relating to the repatriation of officers and men of the Spanish forces and of their families and of the expenses which said repatriation may occasion, shall be referred to the Government of the United States at Washington.

Spanish families may leave Manila at any time convenient to them. The return of the arms surrendered by the Spanish forces shall take place when they evacuate the city or when the American army evacuates.

6. Officers and men included in the capitulation shall be supplied by the United States, according to their rank, with rations and necessary aid as though they were prisoners of war, until the conclusion of a treaty of peace between the United States and Spain.

All the funds in the Spanish treasury, and all other public funds, shall be turned over to the authorities of the United States.

7. This city, its inhabitants, its churches and religious worship, its educational establishments, and its private property of all descriptions are placed under the special safeguard of the faith and honor of the American Army.

No. 34

EXTRACTS FROM INTERNATIONAL CONVENTIONS AND CONFERENCES

a. Treaty respecting use of submarines and noxious gases.*

b. Conventions adopted at the Second International Peace Conference held at The Hague, 1907.†

CONVENTION RESPECTING THE LAWS AND CUSTOMS OF WAR ON LAND.

SECTION I.-ON BELLIGERENTS

CHAPTER I.-The qualifications of belligerents.

ART. I. The laws, rights, and duties of war apply not only to armies, but also to militia and volunteer corps fulfilling the following conditions: 1. To be commanded by a person responsible for his subordinates; 2. To have a fixed distinctive emblem recognizable at a distance; 3. To carry arms openly; and

4. To conduct their operations in accordance with the laws and customs of war.

In countries where militia or volunteer corps constitute the army, or form part of it, they are included under the denomination "army."

ART. II. The inhabitants of a territory which has not been occupied, who, on the approach of the enemy, spontaneously take up arms to resist the invading troops without having had time to organize themselves in

*See Chapter II, Section V, paragraph 41.

†Each of these conventions stipulates that its provisions do not apply except to the contracting powers, and then only if all the belligerents are parties to the convention, but that non-signatory powers may adhere to these provisions.