TO THE FORRO .. CIVIL POWER Us. THE GENERAL SERVICE SCHOOLS FORT LEAVENWORTH, KANSAS 1925 THE GENERAL SERVICE SCHOOLS PRESS 231-12-15-25-3500 1925 THE GENERAL SERVICE SCHOOLS 1925 Introduction This volume, prepared for The General Service Schools, Fort Leavenworth, Kansas, by Major Cassius M. Dowell, Infantry, United States Army, while a member of the Judge Advocate General's Department, is designed to serve as a practical guide for officers of the Army of the United States in administering the Laws of War, and in the application of correct legal principles to situations involving Military Government, Martial Law, and Domestic Disturbances. It does not purport to exhaust the whole law on these subjects. Text-writers have already performed that task. It does attempt, however, to extract the salient principles involved and to give them practical application in concise and usable form. Both Military Government and Martial Law have well defined positions in the field of International Law. The former is substituted for the laws theretofore in force in the enemy's territory occupied by our military forces; the latter, on proper occasion and to a limited extent, is substituted for the laws of our own land. In Domestic Disturbances, on the other hand, the employment of federal military aid does not displace the laws of the land, but sustains them by brushing aside interference with their administration by the proper State or Federal civil officials. Much confusion will be avoided if this distinction is kept in mind. The Laws of War find application, more or less limited at times, throughout the entire field of active military operations. iii 591425 Only so much of the general subject of International Law has been presented as was deemed necessary to furnish a setting for the specific subjects treated. H. J. BREES, Assistant Commandant. Commandant. APPENDIX C.-Forms, etc., Relating to Domestic Disturbances.-- 311 CHAPTER I Definition—Object_Kinds—Origin and nature—How ascer- tained and administered—States subject to international law-Internal qualifications for membership-Sover- eignty and independence Limited sovereignties-Sover- eignty and territory-Recognition of sovereignty-Recog- SECTION II.—Reactions induced by violation of principles of in- Loss of membership in the family of nations Customary pro- cedure when a conflict of international rights arises, Controversial discussion-Mediation and arbitration- 14 SECTION III.—Effects of a state of war hostile territory occupied by our forces—Private rights |