PREFACE.

The accompanying Rules of Land Warfare have been prepared for use of officers of the land forces of the United States. The official translations will be printed in heavy type for the purpose of distinguishing them from the other portions of the text, much of which is explanatory, and yet a considerable part of which is believed to present the substantive law as to matters upon which The Hague and Geneva conventions are silent or by no means complete.

It has been found essential to make many additions to the text of The Hague and Geneva conventions (the latter, consisting of 33 articles, is reasonably complete), since these do not deal exhaustively with their subject matter.

It will be found that everything vital contained in G. O. 100 of A. G. O. of April 24, 1863, "Instructions for the Government of Armies of the United States in the Field," has been incorporated in this manual." Wherever practicable the original text has been used herein, because it is believed that long familiarity with this text and its interpretation by our officers should not be interfered with if possible to avoid doing so.

The original text of the several conventions will be found printed in the appendices numbered from 1 to 9. These are arranged in parallel columns in French and English as ratified by this Government. The text of the manual which is for the guidance of officers of our Army is the official translation of the French as ratified by the United States Senate and published in the United States Statutes at Large.

Convention No. XI, “Relative to the laying of automatic submarine contact mines," is incorporated in the text because of its value to officers of the coast artillery primarily, and because of its interest as well to officers of the mobile troops. In view of the incomplete and unsatisfactory state of the law upon this subject, as stated in the text of this convention, it was deemed prudent to incorporate in the foot notes the rules prescribed by the Institut de Droit International at their meetings in Paris in 1910, and again at Oxford in 1913. The latter being incorporated in a a Manuel des Lois de la Guerre Maritime.”, 94, 1 In the preparation of these rules all of the authorities mentioned in the abbreviations were consulted, and many others. Every effort was made to give credit, and this was done wherever possible. Especial use was made of The Rules of Land Warfare, prepared by officers of the English Army and Prof. L. Oppenheim, LL. D., and of Prof. Nagao Ariga's book, "La Guerre Russo-Japonaise," which deals so carefully and thoroughly with the laws and usages of war during one of the greatest wars of recent times.

CHAPTER I.

THE LAWS OF WAR ON LAND.

INTRODUCTION.

1. How regulated. The conduct of war is regulated by certain well-established and recognized rules that are usually designated as the laws of war," which comprise the rules, both written and unwritten, for the carrying on of war, both on land and at sea.

THE WRITTEN RULES.

2. Conventions and treaties. During the past 50 years many of these rules have been reduced to writing by means of conventions or treaties entered into by the principal civilized nations of the world after full discussion at The Hague, Geneva, Brussels, and St. Petersburg.

3. Those relating to war on land. The rules contained herein relate to war on land, and the principal written agreements relating to the conduct of war on land are the following, viz:1 1 For full text of these conventions, see appendices.

(a) The Declaration of St. Petersburg of the 11th of December, 1868, forbidding in time of war the use of explosive projectiles under 400 grams weight."

2

2 This has never been ratified by the United States, but see paragraph “e," Article XXIII, convention IV, Hague Rules, 1907, infra, par. 184.

(b) The Declaration of The Hague of the 29th of July, 1899, forbidding the employment of projectiles which have for their only object the diffusion of asphyxiating or deleterious gases.*

(c) The Declaration of The Hague of the 29th of July, 1899, preventing the employment of bullets which expand or flatten in the human body.

(d) The Geneva convention of the 6th of July, 1906, for the "Amelioration of the condition of the sick and wounded of armies in the field."

Those States which have not acceded to or ratified the Geneva convention of 1906 but who are signatories of the Geneva convention of 1864 for "The amelioration of the condition of the wounded and sick of armies in the field are bound by the provisions of this latter.