the lieber code of 1863.pdf

8/14/2019 The Lieber Code of 1863.pdf

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[Note: This is the Lieber Code (complete) adopted by the Union Army during the Civil

War !t might be appropriate to consider this Code" as modi#ied by necessity" as a

#oundation #or assuring compliance" $ithin the %lan" o# good conduct" in secured andunsecured areas&

' ' ' ' ' ' ' ' ' ' ' ' '

The Lieber Code o# *+

CORRESPONDENCE, ORDERS, REPORTS, AND RETURNS OF THE UNION AUTHORITIES

FROM JANUARY 1 TO DECEMBER 31, 1863.--#7

O.R.--SERIES III--VOLUME III [S# 1!"

,-N-.AL /.0-.1 No 22

WA. 0-%T"ADJT. GENERAL'S OFFICE,Washington, April 34, *+.

P$%&'$

The #ollo$ing 5!nstructions #or the ,overnment o# Armies o# the United 1tates in the 6ield"5

prepared by 6rancis Lieber" LL0" and revised by a board o# o##icers" o# $hich 7a8 ,en - A9itchcoc is president" having been approved by the %resident o# the United 1tates" he

commands that they be published #or the in#ormation o# all concerned

;y order o# the 1ecretary o# War:- 0 T/WN1-N0"

Assistant Ad!tant"G#n#ral.

!N1T.UCT!/N1 6/. T9- ,/


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A(. .

7artial La$ does not cease during the hostile occupation" e>cept by special proclamation" ordered by the

commander in chie#? or by special mention in the treaty o# peace concluding the $ar" $hen the occupation o# a

place or territory continues beyond the conclusion o# peace as one o# the conditions o# the same

A(. 3.

7artial La$ in a hostile country consists in the suspension" by the occupying military authority" o# the criminal

and civil la$" and o# the domestic administration and government in the occupied place or territory" and in the

substitution o# military rule and #orce #or the same" as $ell as in the dictation o# general la$s" as #ar as military

necessity re=uires this suspension" substitution" or dictation

The commander o# the #orces may proclaim that the administration o# all civil and penal la$ shall continue

either $holly or in part" as in times o# peace" unless other$ise ordered by the military authority

A(. !.

7artial La$ is simply military authority e>ercised in accordance $ith the la$s and usages o# $ar 7ilitary

oppression is not 7artial La$: it is the abuse o# the po$er $hich that la$ con#ers As 7artial La$ is e>ecuted

by military #orce" it is incumbent upon those $ho administer it to be strictly guided by the principles o# 8ustice"

honor" and humanity @ virtues adorning a soldier even more than other men" #or the very reason that he

possesses the po$er o# his arms against the unarmed

A(. +.

7artial La$ should be less stringent in places and countries #ully occupied and #airly con=uered 7uch greater

severity may be e>ercised in places or regions $here actual hostilities e>ist" or are e>pected and must be

prepared #or !ts most complete s$ay is allo$ed @ even in the commanders o$n country @ $hen #ace to #ace

$ith the enemy" because o# the absolute necessities o# the case" and o# the paramount duty to de#end thecountry against invasion

To save the country is paramount to all other considerations

A(. 6.

All civil and penal la$ shall continue to tae its usual course in the enemys places and territories under

7artial La$" unless interrupted or stopped by order o# the occupying military po$er? but all the #unctions o#

the hostile government @ legislative e>ecutive" or administrative @ $hether o# a general" provincial" or local

character" cease under 7artial La$" or continue only $ith the sanction" or" i# deemed necessary" the

participation o# the occupier or invader

A(. 7.

7artial La$ e>tends to property" and to persons" $hether they are sub8ects o# the enemy or aliens to that

government


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A(. 8.

Consuls" among American and -uropean nations" are not diplomatic agents Nevertheless" their o##ices and

persons $ill be sub8ected to 7artial La$ in cases o# urgent necessity only: their property and business are not

e>empted Any delin=uency they commit against the established military rule may be punished as in the case

o# any other inhabitant" and such punishment #urnishes no reasonable ground #or international complaint

A(. .

The #unctions o# Ambassadors" 7inisters" or other diplomatic agents accredited by neutral po$ers to the

hostile government" cease" so #ar as regards the displaced government? but the con=uering or occupying po$er

usually recogniBes them as temporarily accredited to itsel#

A(. 1.

7artial La$ a##ects chie#ly the police and collection o# public revenue and ta>es" $hether imposed by the

e>pelled government or by the invader" and re#ers mainly to the support and e##iciency o# the army" its sa#ety"

and the sa#ety o# its operations

A(. 11.

The la$ o# $ar does not only disclaim all cruelty and bad #aith concerning engagements concluded $ith the

enemy during the $ar" but also the breaing o# stipulations solemnly contracted by the belligerents in time o#

peace" and avo$edly intended to remain in #orce in case o# $ar bet$een the contracting po$ers

!t disclaims all e>tortions and other transactions #or individual gain? all acts o# private revenge" or connivance

at such acts

/##enses to the contrary shall be severely punished" and especially so i# committed by o##icers

A(. 1.

Whenever #easible" 7artial La$ is carried out in cases o# individual o##enders by 7ilitary Courts? but

sentences o# death shall be e>ecuted only $ith the approval o# the chie# e>ecutive" provided the urgency o# the

case does not re=uire a speedier e>ecution" and then only $ith the approval o# the chie# commander

A(. 13.

7ilitary 8urisdiction is o# t$o inds: 6irst" that $hich is con#erred and de#ined by statute? second" that $hich is

derived #rom the common la$ o# $ar 7ilitary o##enses under the statute la$ must be tried in the manner

therein directed? but military o##enses $hich do not come $ithin the statute must be tried and punished underthe common la$ o# $ar The character o# the courts $hich e>ercise these 8urisdictions depends upon the local

la$s o# each particular country

!n the armies o# the United 1tates the #irst is e>ercised by courts@martial" $hile cases $hich do not come $ithin

the 5.ules and Articles o# War"5 or the 8urisdiction con#erred by statute on courts@martial" are tried by military

commissions


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A(. 1!.

7ilitary necessity" as understood by modern civiliBed nations" consists in the necessity o# those measures

$hich are indispensable #or securing the ends o# the $ar" and $hich are la$#ul according to the modern la$

and usages o# $ar

A(. 1+.

7ilitary necessity admits o# all direct destruction o# li#e or limb o# armed enemies" and o# other persons $hose

destruction is incidentally unavoidable in the armed contests o# the $ar? it allo$s o# the capturing o# every

armed enemy" and every enemy o# importance to the hostile government" or o# peculiar danger to the captor? it

allo$s o# all destruction o# property" and obstruction o# the $ays and channels o# tra##ic" travel" or

communication" and o# all $ithholding o# sustenance or means o# li#e #rom the enemy? o# the appropriation o#

$hatever an enemys country a##ords necessary #or the subsistence and sa#ety o# the army" and o# such

deception as does not involve the breaing o# good #aith either positively pledged" regarding agreements

entered into during the $ar" or supposed by the modern la$ o# $ar to e>ist 7en $ho tae up arms against one

another in public $ar do not cease on this account to be moral beings" responsible to one another and to ,od

A(. 16.

7ilitary necessity does not admit o# cruelty @ that is" the in#liction o# su##ering #or the sae o# su##ering or #or

revenge" nor o# maiming or $ounding e>cept in #ight" nor o# torture to e>tort con#essions !t does not admit o#

the use o# poison in any $ay" nor o# the $anton devastation o# a district !t admits o# deception" but disclaims

acts o# per#idy? and" in general" military necessity does not include any act o# hostility $hich maes the return

to peace unnecessarily di##icult

A(. 17.

War is not carried on by arms alone !t is la$#ul to starve the hostile belligerent" armed or unarmed" so that it

leads to the speedier sub8ection o# the enemy

A(. 18.

When a commander o# a besieged place e>pels the noncombatants" in order to lessen the number o# those $ho

consume his stoc o# provisions" it is la$#ul" though an e>treme measure" to drive them bac" so as to hasten

on the surrender

A(. 1.

Commanders" $henever admissible" in#orm the enemy o# their intention to bombard a place" so that the

noncombatants" and especially the $omen and children" may be removed be#ore the bombardmentcommences ;ut it is no in#raction o# the common la$ o# $ar to omit thus to in#orm the enemy 1urprise may

be a necessity

A(. .

%ublic $ar is a state o# armed hostility bet$een sovereign nations or governments !t is a la$ and re=uisite o#

civiliBed e>istence that men live in political" continuous societies" #orming organiBed units" called states or

nations" $hose constituents bear" en8oy" su##er" advance and retrograde together" in peace and in $ar


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A(. 1.

The citiBen or native o# a hostile country is thus an enemy" as one o# the constituents o# the hostile state or

nation" and as such is sub8ected to the hardships o# the $ar

A(. .

Nevertheless" as civiliBation has advanced during the last centuries" so has lie$ise steadily advanced"

especially in $ar on land" the distinction bet$een the private individual belonging to a hostile country and the

hostile country itsel#" $ith its men in arms The principle has been more and more acno$ledged that the

unarmed citiBen is to be spared in person" property" and honor as much as the e>igencies o# $ar $ill admit

A(. 3.

%rivate citiBens are no longer murdered" enslaved" or carried o## to distant parts" and the ino##ensive individual

is as little disturbed in his private relations as the commander o# the hostile troops can a##ord to grant in the

overruling demands o# a vigorous $ar

A(. !.

The almost universal rule in remote times $as" and continues to be $ith barbarous armies" that the private

individual o# the hostile country is destined to su##er every privation o# liberty and protection" and every

disruption o# #amily ties %rotection $as" and still is $ith unciviliBed people" the e>ception

A(. +.

!n modern regular $ars o# the -uropeans" and their descendants in other portions o# the globe" protection o# the

ino##ensive citiBen o# the hostile country is the rule? privation and disturbance o# private relations are the

e>ceptions

A(. 6.

Commanding generals may cause the magistrates and civil o##icers o# the hostile country to tae the oath o#

temporary allegiance or an oath o# #idelity to their o$n victorious government or rulers" and they may e>pel

everyone $ho declines to do so ;ut $hether they do so or not" the people and their civil o##icers o$e strict

obedience to them as long as they hold s$ay over the district or country" at the peril o# their lives

A(. 7.

The la$ o# $ar can no more $holly dispense $ith retaliation than can the la$ o# nations" o# $hich it is a

branch et civiliBed nations acno$ledge retaliation as the sternest #eature o# $ar A recless enemy o#ten

leaves to his opponent no other means o# securing himsel# against the repetition o# barbarous outrage

A(. 8.

.etaliation $ill" there#ore" never be resorted to as a measure o# mere revenge" but only as a means o# protective

retribution" and moreover" cautiously and unavoidably? that is to say" retaliation shall only be resorted to a#ter

care#ul in=uiry into the real occurrence" and the character o# the misdeeds that may demand retribution


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Un8ust or inconsiderate retaliation removes the belligerents #arther and #arther #rom the mitigating rules o#

regular $ar" and by rapid steps leads them nearer to the internecine $ars o# savages

A(. .

7odern times are distinguished #rom earlier ages by the e>istence" at one and the same time" o# many nations

and great governments related to one another in close intercourse

%eace is their normal condition? $ar is the e>ception The ultimate ob8ect o# all modern $ar is a rene$ed state

o# peace

The more vigorously $ars are pursued" the better it is #or humanity 1harp $ars are brie#

A(. 3.

-ver since the #ormation and coe>istence o# modern nations" and ever since $ars have become great national

$ars" $ar has come to be acno$ledged not to be its o$n end" but the means to obtain great ends o# state" or to

consist in de#ense against $rong? and no conventional restriction o# the modes adopted to in8ure the enemy isany longer admitted? but the la$ o# $ar imposes many limitations and restrictions on principles o# 8ustice"

#aith" and honor

SECTION II

Public and private property of the enemy - Protection of persons, and especially of women, of

religion, the arts and sciences - Punishment of crimes against the inhabitants of

hostile countries.

A(. 31.

A victorious army appropriates all public money" seiBes all public movable property until #urther direction byits government" and se=uesters #or its o$n bene#it or o# that o# its government all the revenues o# real property

belonging to the hostile government or nation The title to such real property remains in abeyance during

military occupation" and until the con=uest is made complete

A(. 3.

A victorious army" by the martial po$er inherent in the same" may suspend" change" or abolish" as #ar as the

martial po$er e>tends" the relations $hich arise #rom the services due" according to the e>isting la$s o# the

invaded country" #rom one citiBen" sub8ect" or native o# the same to another

The commander o# the army must leave it to the ultimate treaty o# peace to settle the permanency o# this

change

A(. 33.

!t is no longer considered la$#ul @ on the contrary" it is held to be a serious breach o# the la$ o# $ar @ to #orce

the sub8ects o# the enemy into the service o# the victorious government" e>cept the latter should proclaim" a#ter

a #air and complete con=uest o# the hostile country or district" that it is resolved to eep the country" district" or

place permanently as its o$n and mae it a portion o# its o$n country


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A(. 3!.

As a general rule" the property belonging to churches" to hospitals" or other establishments o# an e>clusively

charitable character" to establishments o# education" or #oundations #or the promotion o# no$ledge" $hether

public schools" universities" academies o# learning or observatories" museums o# the #ine arts" or o# a scienti#ic

character such property is not to be considered public property in the sense o# paragraph +? but it may be

ta>ed or used $hen the public service may re=uire it

A(. 3+.

Classical $ors o# art" libraries" scienti#ic collections" or precious instruments" such as astronomical telescopes"

as $ell as hospitals" must be secured against all avoidable in8ury" even $hen they are contained in #orti#ied

places $hilst besieged or bombarded

A(. 36.

!# such $ors o# art" libraries" collections" or instruments belonging to a hostile nation or government" can be

removed $ithout in8ury" the ruler o# the con=uering state or nation may order them to be seiBed and removed#or the bene#it o# the said nation The ultimate o$nership is to be settled by the ensuing treaty o# peace

!n no case shall they be sold or given a$ay" i# captured by the armies o# the United 1tates" nor shall they ever

be privately appropriated" or $antonly destroyed or in8ured

A(. 37.

The United 1tates acno$ledge and protect" in hostile countries occupied by them" religion and morality?

strictly private property? the persons o# the inhabitants" especially those o# $omen: and the sacredness o#

domestic relations /##enses to the contrary shall be rigorously punished

This rule does not inter#ere $ith the right o# the victorious invader to ta> the people or their property" to levy

#orced loans" to billet soldiers" or to appropriate property" especially houses" lands" boats or ships" and

churches" #or temporary and military uses

A(. 38.

%rivate property" unless #or#eited by crimes or by o##enses o# the o$ner" can be seiBed only by $ay o# military

necessity" #or the support or other bene#it o# the army or o# the United 1tates

!# the o$ner has not #led" the commanding o##icer $ill cause receipts to be given" $hich may serve the

spoliated o$ner to obtain indemnity

A(. 3.

The salaries o# civil o##icers o# the hostile government $ho remain in the invaded territory" and continue the

$or o# their o##ice" and can continue it according to the circumstances arising out o# the $ar @ such as 8udges"

administrative or police o##icers" o##icers


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o# city or communal governments @ are paid #rom the public revenue o# the invaded territory" until the military

government has reason $holly or partially to discontinue it 1alaries or incomes connected $ith purely

honorary titles are al$ays stopped

A(. !.

There e>ists no la$ or body o# authoritative rules o# action bet$een hostile armies" e>cept that branch o# the

la$ o# nature and nations $hich is called the la$ and usages o# $ar on land

A(. !1.

All municipal la$ o# the ground on $hich the armies stand" or o# the countries to $hich they belong" is silent

and o# no e##ect bet$een armies in the #ield

A(. !.

1lavery" complicating and con#ounding the ideas o# property" (that is o# a thing") and o# personality" (that is o#

humanity") e>ists according to municipal or local la$ only The la$ o# nature and nations has neveracno$ledged it The digest o# the .oman la$ enacts the early dictum o# the pagan 8urist" that 5so #ar as the

la$ o# nature is concerned" all men are e=ual5 6ugitives escaping #rom a country in $hich they $ere slaves"

villains" or ser#s" into another country" have" #or centuries past" been held #ree and acno$ledged #ree by

8udicial decisions o# -uropean countries" even though the municipal la$ o# the country in $hich the slave had

taen re#uge acno$ledged slavery $ithin its o$n dominions

A(. !3.

There#ore" in a $ar bet$een the United 1tates and a belligerent $hich admits o# slavery" i# a person held in

bondage by that belligerent be captured by or come as a #ugitive under the protection o# the military #orces o#

the United 1tates" such person is immediately entitled to the rights and privileges o# a #reeman To return such

person into slavery $ould amount to enslaving a #ree person" and neither the United 1tates nor any o##icerunder their authority can enslave any human being 7oreover" a person so made #ree by the la$ o# $ar is

under the shield o# the la$ o# nations" and the #ormer o$ner or 1tate can have" by the la$ o# postliminy" no

belligerent lien or claim o# service

A(. !!.

All $anton violence committed against persons in the invaded country" all destruction o# property not

commanded by the authoriBed o##icer" all robbery" all pillage or sacing" even a#ter taing a place by main

#orce" all rape" $ounding" maiming" or illing o# such inhabitants" are prohibited under the penalty o# death" or

such other severe punishment as may seem ade=uate #or the gravity o# the o##ense

A soldier" o##icer or private" in the act o# committing such violence" and disobeying a superior ordering him to

abstain #rom it" may be la$#ully illed on the spot by such superior

A(. !+.

All captures and booty belong" according to the modern la$ o# $ar" primarily to the government o# the captor

%riBe money" $hether on sea or land" can no$ only be claimed under local la$


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A(. !6.

Neither o##icers nor soldiers are allo$ed to mae use o# their position or po$er in the hostile country #or

private gain" not even #or commercial transactions other$ise legitimate /##enses to the contrary committed by

commissioned o##icers $ill be punished $ith cashiering or such other punishment as the nature o# the o##ense

may re=uire? i# by soldiers" they shall be punished according to the nature o# the o##ense

A(. !7.

Crimes punishable by all penal codes" such as arson" murder" maiming" assaults" high$ay robbery" the#t"

burglary" #raud" #orgery" and rape" i# committed by an American soldier in a hostile country against its

inhabitants" are not only punishable as at home" but in all cases in $hich death is not in#licted" the severer

punishment shall be pre#erred

SECTION III

Deserters - Prisoners of war - ostages - !ooty on the battle-field.

A(. !8.

0eserters #rom the American Army" having entered the service o# the enemy" su##er death i# they #all again into

the hands o# the United 1tates" $hether by capture" or being delivered up to the American Army? and i# a

deserter #rom the enemy" having taen service in the Army o# the United 1tates" is captured by the enemy" and

punished by them $ith death or other$ise" it is not a breach against the la$ and usages o# $ar" re=uiring

redress or retaliation

A(. !.

A prisoner o# $ar is a public enemy armed or attached to the hostile army #or active aid" $ho has #allen into

the hands o# the captor" either #ighting or $ounded" on the #ield or in the hospital" by individual surrender or bycapitulation

All soldiers" o# $hatever species o# arms? all men $ho belong to the rising en masse o# the hostile country? all

those $ho are attached to the army #or its e##iciency and promote directly the ob8ect o# the $ar" e>cept such as

are hereina#ter provided #or? all disabled men or o##icers on the #ield or else$here" i# captured? all enemies $ho

have thro$n a$ay their arms and as #or =uarter" are prisoners o# $ar" and as such e>posed to the

inconveniences as $ell as entitled to the privileges o# a prisoner o# $ar

A(. +.

7oreover" citiBens $ho accompany an army #or $hatever purpose" such as sutlers" editors" or reporters o#

8ournals" or contractors" i# captured" may be made prisoners o# $ar" and be detained as such

The monarch and members o# the hostile reigning #amily" male or #emale" the chie#" and chie# o##icers o# the

hostile government" its diplomatic agents" and all persons $ho are o# particular and singular use and bene#it to

the hostile army or its government" are" i# captured on belligerent ground" and i# unprovided $ith a sa#e

conduct granted by the captors government" prisoners o# $ar


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A(. +1.

!# the people o# that portion o# an invaded country $hich is not yet occupied by the enemy" or o# the $hole

country" at the approach o# a hostile army" rise" under a duly authoriBed levy en masse to resist the invader"

they are no$ treated as public enemies" and" i# captured" are prisoners o# $ar

A(. +.

No belligerent has the right to declare that he $ill treat every captured man in arms o# a levy en masse as a

brigand or bandit !#" ho$ever" the people o# a country" or any portion o# the same" already occupied by an

army" rise against it" they are violators o# the la$s o# $ar" and are not entitled to their protection

A(. +3.

The enemys chaplains" o##icers o# the medical sta##" apothecaries" hospital nurses and servants" i# they #all into

the hands o# the American Army" are not prisoners o# $ar" unless the commander has reasons to retain them !n

this latter case? or i#" at their o$n desire" they are allo$ed to remain $ith their captured companions" they are

treated as prisoners o# $ar" and may be e>changed i# the commander sees #it

A(. +!

A hostage is a person accepted as a pledge #or the #ul#illment o# an agreement concluded bet$een belligerents

during the $ar" or in conse=uence o# a $ar 9ostages are rare in the present age

A(. ++.

!# a hostage is accepted" he is treated lie a prisoner o# $ar" according to ran and condition" as circumstances

may admit

A(. +6.

A prisoner o# $ar is sub8ect to no punishment #or being a public enemy" nor is any revenge $reaed upon him

by the intentional in#liction o# any su##ering" or disgrace" by cruel imprisonment" $ant o# #ood" by mutilation"

death" or any other barbarity

A(. +7.

1o soon as a man is armed by a sovereign government and taes the soldiers oath o# #idelity" he is a

belligerent? his illing" $ounding" or other $arlie acts are not individual crimes or o##enses No belligerenthas a right to declare that enemies o# a certain class" color" or condition" $hen properly organiBed as soldiers"

$ill not be treated by him as public enemies

A(. +8.

The la$ o# nations no$s o# no distinction o# color" and i# an enemy o# the United 1tates should enslave and

sell any captured persons o# their army" it $ould be a case #or the severest retaliation" i# not redressed upon

complaint


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The United 1tates cannot retaliate by enslavement? there#ore death must be the retaliation #or this crime against

the la$ o# nations

A(. +.

A prisoner o# $ar remains ans$erable #or his crimes committed against the captors army or people" committed

be#ore he $as captured" and #or $hich he has not been punished by his o$n authorities

All prisoners o# $ar are liable to the in#liction o# retaliatory measures

A(. 6.

!t is against the usage o# modern $ar to resolve" in hatred and revenge" to give no =uarter No body o# troops

has the right to declare that it $ill not give" and there#ore $ill not e>pect" =uarter? but a commander is

permitted to direct his troops to give no =uarter" in great straits" $hen his o$n salvation maes it impossible to

cumber himsel# $ith prisoners

A(. 61.

Troops that give no =uarter have no right to ill enemies already disabled on the ground" or prisoners captured

by other troops

A(. 6.

All troops o# the enemy no$n or discovered to give no =uarter in general" or to any portion o# the army"

receive none

A(. 63.

Troops $ho #ight in the uni#orm o# their enemies" $ithout any plain" striing" and uni#orm mar o# distinction

o# their o$n" can e>pect no =uarter

A(. 6!.

!# American troops capture a train containing uni#orms o# the enemy" and the commander considers it

advisable to distribute them #or use among his men" some striing mar or sign must be adopted to distinguish

the American soldier #rom the enemy

A(. 6+.

The use o# the enemys national standard" #lag" or other emblem o# nationality" #or the purpose o# deceiving the

enemy in battle" is an act o# per#idy by $hich they lose all claim to the protection o# the la$s o# $ar

A(. 66.

Duarter having been given to an enemy by American troops" under a misapprehension o# his true character" he

may" nevertheless" be ordered to su##er death i#" $ithin three days a#ter the battle" it be discovered that he

belongs to a corps $hich gives no =uarter


12/24

A(. 67.

The la$ o# nations allo$s every sovereign government to mae $ar upon another sovereign state" and"

there#ore" admits o# no rules or la$s di##erent #rom those o# regular $ar#are" regarding the treatment o#

prisoners o# $ar" although they may belong to the army o# a government $hich the captor may consider as a

$anton and un8ust assailant

A(. 68.

7odern $ars are not internecine $ars" in $hich the illing o# the enemy is the ob8ect The destruction o# the

enemy in modern $ar" and" indeed" modern $ar itsel#" are means to obtain that ob8ect o# the belligerent $hich

lies beyond the $ar

Unnecessary or revenge#ul destruction o# li#e is not la$#ul

A(. 6.

/utposts" sentinels" or picets are not to be #ired upon" e>cept to drive them in" or $hen a positive order"special or general" has been issued to that e##ect

A(. 7.

The use o# poison in any manner" be it to poison $ells" or #ood" or arms" is $holly e>cluded #rom modern

$ar#are 9e that uses it puts himsel# out o# the pale o# the la$ and usages o# $ar

A(.71.

Whoever intentionally in#licts additional $ounds on an enemy already $holly disabled" or ills such an enemy"

or $ho orders or encourages soldiers to do so" shall su##er death" i# duly convicted" $hether he belongs to theArmy o# the United 1tates" or is an enemy captured a#ter having committed his misdeed

A(. 7.

7oney and other valuables on the person o# a prisoner" such as $atches or 8e$elry" as $ell as e>tra clothing"

are regarded by the American Army as the private property o# the prisoner" and the appropriation o# such

valuables or money is considered dishonorable" and is prohibited Nevertheless" i# large sums are #ound upon

the persons o# prisoners" or in their possession" they shall be taen #rom them" and the surplus" a#ter providing

#or their o$n support" appropriated #or the use o# the army" under the direction o# the commander" unless

other$ise ordered by the government Nor can prisoners claim" as private property" large sums #ound and

captured in their train" although they have been placed in the private luggage o# the prisoners

A(. 73.

All o##icers" $hen captured" must surrender their side arms to the captor They may be restored to the prisoner

in mared cases" by the commander" to signaliBe admiration o# his distinguished bravery or approbation o# his

humane treatment o# prisoners be#ore his capture The captured o##icer to $hom they may be restored can not

$ear them during captivity


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A(. 7!.

A prisoner o# $ar" being a public enemy" is the prisoner o# the government" and not o# the captor No ransom

can be paid by a prisoner o# $ar to his individual captor or to any o##icer in command The government alone

releases captives" according to rules prescribed by itsel#

A(. 7+.

%risoners o# $ar are sub8ect to con#inement or imprisonment such as may be deemed necessary on account o#

sa#ety" but they are to be sub8ected to no other intentional su##ering or indignity The con#inement and mode o#

treating a prisoner may be varied during his captivity according to the demands o# sa#ety

A(. 76.

%risoners o# $ar shall be #ed upon plain and $holesome #ood" $henever practicable" and treated $ith

humanity

They may be re=uired to $or #or the bene#it o# the captors government" according to their ran and condition

A(. 77.

A prisoner o# $ar $ho escapes may be shot or other$ise illed in his #light? but neither death nor any other

punishment shall be in#licted upon him simply #or his attempt to escape" $hich the la$ o# $ar does not

consider a crime 1tricter means o# security shall be used a#ter an unsuccess#ul attempt at escape

!#" ho$ever" a conspiracy is discovered" the purpose o# $hich is a united or general escape" the conspirators

may be rigorously punished" even $ith death? and capital punishment may also be in#licted upon prisoners o#

$ar discovered to have plotted rebellion against the authorities o# the captors" $hether in union $ith #ello$

prisoners or other persons

A(. 78.

!# prisoners o# $ar" having given no pledge nor made any promise on their honor" #orcibly or other$ise escape"

and are captured again in battle a#ter having re8oined their o$n army" they shall not be punished #or their

escape" but shall be treated as simple prisoners o# $ar" although they $ill be sub8ected to stricter con#inement

A(. 7.

-very captured $ounded enemy shall be medically treated" according to the ability o# the medical sta##

A(. 8.

9onorable men" $hen captured" $ill abstain #rom giving to the enemy in#ormation concerning their o$n army"

and the modern la$ o# $ar permits no longer the use o# any violence against prisoners in order to e>tort the

desired in#ormation or to punish them #or having given #alse in#ormation


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SECTION IV

Partisans - "rmed enemies not belonging to the hostile army - #couts - "rmed prowlers - $ar-

rebels

A(. 81.

%artisans are soldiers armed and $earing the uni#orm o# their army" but belonging to a corps $hich acts

detached #rom the main body #or the purpose o# maing inroads into the territory occupied by the enemy !#

captured" they are entitled to all the privileges o# the prisoner o# $ar

A(. 8.

7en" or s=uads o# men" $ho commit hostilities" $hether by #ighting" or inroads #or destruction or plunder" or

by raids o# any ind" $ithout commission" $ithout being part and portion o# the organiBed hostile army" and

$ithout sharing continuously in the $ar" but $ho do so $ith intermitting returns to their homes and avocations"

or $ith the occasional assumption o# the semblance o# peace#ul pursuits" divesting themselves o# the character

or appearance o# soldiers @ such men" or s=uads o# men" are not public enemies" and" there#ore" i# captured" are

not entitled to the privileges o# prisoners o# $ar" but shall be treated summarily as high$ay robbers or pirates

A(. 83.

1couts" or single soldiers" i# disguised in the dress o# the country or in the uni#orm o# the army hostile to their

o$n" employed in obtaining in#ormation" i# #ound $ithin or luring about the lines o# the captor" are treated as

spies" and su##er death

A(. 8!.

Armed pro$lers" by $hatever names they may be called" or persons o# the enemys territory" $ho steal $ithin

the lines o# the hostile army #or the purpose o# robbing" illing" or o# destroying bridges" roads or canals" or o#robbing or destroying the mail" or o# cutting the telegraph $ires" are not entitled to the privileges o# the

prisoner o# $ar

A(. 8+.

War@rebels are persons $ithin an occupied territory $ho rise in arms against the occupying or con=uering

army" or against the authorities established by the same !# captured" they may su##er death" $hether they rise

singly" in small or large bands" and $hether called upon to do so by their o$n" but e>pelled" government or

not They are not prisoners o# $ar? nor are they i# discovered and secured be#ore their conspiracy has matured

to an actual rising or armed violence

SECTION V

#afe-conduct - #pies - $ar-traitors - %aptured messengers - "buse of the flag of truce

A(. 86.

All intercourse bet$een the territories occupied by belligerent armies" $hether by tra##ic" by letter" by travel" or

in any other $ay" ceases This is the general rule" to be observed $ithout special proclamation


15/24

->ceptions to this rule" $hether by sa#e@conduct" or permission to trade on a small or large scale" or by

e>changing mails" or by travel #rom one territory into the other" can tae place only according to agreement

approved by the government" or by the highest military authority

Contraventions o# this rule are highly punishable

A(. 87.

Ambassadors" and all other diplomatic agents o# neutral po$ers" accredited to the enemy" may receive sa#e@

conducts through the territories occupied by the belligerents" unless there are military reasons to the contrary"

and unless they may reach the place o# their destination conveniently by another route !t implies no

international a##ront i# the sa#e@conduct is declined 1uch passes are usually given by the supreme authority o#

the 1tate" and not by subordinate o##icers

A(. 88.

A spy is a person $ho secretly" in disguise or under #alse pretense" sees in#ormation $ith the intention o#

communicating it to the enemy

The spy is punishable $ith death by hanging by the nec" $hether or not he succeed in obtaining the

in#ormation or in conveying it to the enemy

A(. 8.

!# a citiBen o# the United 1tates obtains in#ormation in a legitimate manner" and betrays it to the enemy" be he a

military or civil o##icer" or a private citiBen" he shall su##er death

A(. .

A traitor under the la$ o# $ar" or a $ar@traitor" is a person in a place or district under 7artial La$ $ho"

unauthoriBed by the military commander" gives in#ormation o# any ind to the enemy" or holds intercourse

$ith him

A(.1.

The $ar@traitor is al$ays severely punished !# his o##ense consists in betraying to the enemy anything

concerning the condition" sa#ety" operations" or plans o# the troops holding or occupying the place or district"

his punishment is death

A(. .

!# the citiBen or sub8ect o# a country or place invaded or con=uered gives in#ormation to his o$n government"

#rom $hich he is separated by the hostile army" or to the army o# his government" he is a $ar@traitor" and death

is the penalty o# his o##ense

A(. 3.

All armies in the #ield stand in need o# guides" and impress them i# they cannot obtain them other$ise


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A(. !.

No person having been #orced by the enemy to serve as guide is punishable #or having done so

A(. +.

!# a citiBen o# a hostile and invaded district voluntarily serves as a guide to the enemy" or o##ers to do so" he is

deemed a $ar@traitor" and shall su##er death

A(. 6.

A citiBen serving voluntarily as a guide against his o$n country commits treason" and $ill be dealt $ith

according to the la$ o# his country

A(. 7.

,uides" $hen it is clearly proved that they have misled intentionally" may be put to death

A(. 8.

An unauthoriBed or secret communication $ith the enemy is considered treasonable by the la$ o# $ar

6oreign residents in an invaded or occupied territory" or #oreign visitors in the same" can claim no immunity

#rom this la$ They may communicate $ith #oreign parts" or $ith the inhabitants o# the hostile country" so #ar

as the military authority permits" but no #urther !nstant e>pulsion #rom the occupied territory $ould be the

very least punishment #or the in#raction o# this rule

A(. .

A messenger carrying $ritten dispatches or verbal messages #rom one portion o# the army" or #rom a besieged

place" to another portion o# the same army" or its government" i# armed" and in the uni#orm o# his army" and i#

captured" $hile doing so" in the territory occupied by the enemy" is treated by the captor as a prisoner o# $ar !#

not in uni#orm" nor a soldier" the circumstances connected $ith his capture must determine the disposition that

shall be made o# him

A(. 1.

A messenger or agent $ho attempts to steal through the territory occupied by the enemy" to #urther" in any

manner" the interests o# the enemy" i# captured" is not entitled to the privileges o# the prisoner o# $ar" and may

be dealt $ith according to the circumstances o# the case

A(. 11.

While deception in $ar is admitted as a 8ust and necessary means o# hostility" and is consistent $ith honorable

$ar#are" the common la$ o# $ar allo$s even capital punishment #or clandestine or treacherous attempts to

in8ure an enemy" because they are so dangerous" and it is di##icult to guard against them


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A(. 1.

The la$ o# $ar" lie the criminal la$ regarding other o##enses" maes no di##erence on account o# the

di##erence o# se>es" concerning the spy" the $ar@traitor" or the $ar@rebel

A(. 13.

1pies" $ar@traitors" and $ar@rebels are not e>changed according to the common la$ o# $ar The e>change o#

such persons $ould re=uire a special cartel" authoriBed by the government" or" at a great distance #rom it" by

the chie# commander o# the army in the #ield

A(. 1!.

A success#ul spy or $ar@traitor" sa#ely returned to his o$n army" and a#ter$ards captured as an enemy" is not

sub8ect to punishment #or his acts as a spy or $ar@traitor" but he may be held in closer custody as a person

individually dangerous

SECTION VI

&'change of prisoners - (lags of truce - (lags of protection

A(. 1+.

->changes o# prisoners tae place @ number #or number @ ran #or ran $ounded #or $ounded @ $ith added

condition #or added condition @ such" #or instance" as not to serve #or a certain period

A(. 16.

!n e>changing prisoners o# $ar" such numbers o# persons o# in#erior ran may be substituted as an e=uivalent#or one o# superior ran as may be agreed upon by cartel" $hich re=uires the sanction o# the government" or o#

the commander o# the army in the #ield

A(. 17.

A prisoner o# $ar is in honor bound truly to state to the captor his ran? and he is not to assume a lo$er ran

than belongs to him" in order to cause a more advantageous e>change" nor a higher ran" #or the purpose o#

obtaining better treatment

/##enses to the contrary have been 8ustly punished by the commanders o# released prisoners" and may be good

cause #or re#using to release such prisoners

A(. 18.

The surplus number o# prisoners o# $ar remaining a#ter an e>change has taen place is sometimes released

either #or the payment o# a stipulated sum o# money" or" in urgent cases" o# provision" clothing" or other

necessaries

1uch arrangement" ho$ever" re=uires the sanction o# the highest authority


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A(. 1.

The e>change o# prisoners o# $ar is an act o# convenience to both belligerents !# no general cartel has been

concluded" it cannot be demanded by either o# them No belligerent is obliged to e>change prisoners o# $ar

A cartel is voidable as soon as either party has violated it

A(. 11.

No e>change o# prisoners shall be made e>cept a#ter complete capture" and a#ter an accurate account o# them"

and a list o# the captured o##icers" has been taen

A(. 111.

The bearer o# a #lag o# truce cannot insist upon being admitted 9e must al$ays be admitted $ith great caution

Unnecessary #re=uency is care#ully to be avoided

A(. 11.

!# the bearer o# a #lag o# truce o##er himsel# during an engagement" he can be admitted as a very rare e>ception

only !t is no breach o# good #aith to retain such #lag o# truce" i# admitted during the engagement 6iring is not

re=uired to cease on the appearance o# a #lag o# truce in battle

A(. 113.

!# the bearer o# a #lag o# truce" presenting himsel# during an engagement" is illed or $ounded" it #urnishes no

ground o# complaint $hatever

A(. 11!.

!# it be discovered" and #airly proved" that a #lag o# truce has been abused #or surreptitiously obtaining military

no$ledge" the bearer o# the #lag thus abusing his sacred character is deemed a spy

1o sacred is the character o# a #lag o# truce" and so necessary is its sacredness" that $hile its abuse is an

especially heinous o##ense" great caution is re=uisite" on the other hand" in convicting the bearer o# a #lag o#

truce as a spy

A(. 11+.

!t is customary to designate by certain #lags (usually yello$) the hospitals in places $hich are shelled" so thatthe besieging enemy may avoid #iring on them The same has been done in battles" $hen hospitals are situated

$ithin the #ield o# the engagement

A(. 116.

9onorable belligerents o#ten re=uest that the hospitals $ithin the territory o# the enemy may be designated" so

that they may be spared An honorable belligerent allo$s himsel# to be guided by #lags or signals o# protection

as much as the contingencies and the necessities o# the #ight $ill permit


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A(. 117.

!t is 8ustly considered an act o# bad #aith" o# in#amy or #iendishness" to deceive the enemy by #lags o#

protection 1uch act o# bad #aith may be good cause #or re#using to respect such #lags

A(. 118.

The besieging belligerent has sometimes re=uested the besieged to designate the buildings containing

collections o# $ors o# art" scienti#ic museums" astronomical observatories" or precious libraries" so that their

destruction may be avoided as much as possible

SECTION VII

Parole

A(. 11.

%risoners o# $ar may be released #rom captivity by e>change" and" under certain circumstances" also by parole

A(. 1.

The term %arole designates the pledge o# individual good #aith and honor to do" or to omit doing" certain acts

a#ter he $ho gives his parole shall have been dismissed" $holly or partially" #rom the po$er o# the captor

A(. 11.

The pledge o# the parole is al$ays an individual" but not a private act

A(. 1.

The parole applies chie#ly to prisoners o# $ar $hom the captor allo$s to return to their country" or to live in

greater #reedom $ithin the captors country or territory" on conditions stated in the parole

A(. 13.

.elease o# prisoners o# $ar by e>change is the general rule? release by parole is the e>ception

A(. 1!.

;reaing the parole is punished $ith death $hen the person breaing the parole is captured again

Accurate lists" there#ore" o# the paroled persons must be ept by the belligerents

A(. 1+.

When paroles are given and received there must be an e>change o# t$o $ritten documents" in $hich the name

and ran o# the paroled individuals are accurately and truth#ully stated


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A(. 16.

Commissioned o##icers only are allo$ed to give their parole" and they can give it only $ith the permission o#

their superior" as long as a superior in ran is $ithin reach

A(. 17.

No noncommissioned o##icer or private can give his parole e>cept through an o##icer !ndividual paroles not

given through an o##icer are not only void" but sub8ect the individuals giving them to the punishment o# death

as deserters The only admissible e>ception is $here individuals" properly separated #rom their commands"

have su##ered long con#inement $ithout the possibility o# being paroled through an o##icer

A(. 18.

No paroling on the battle#ield? no paroling o# entire bodies o# troops a#ter a battle? and no dismissal o# large

numbers o# prisoners" $ith a general declaration that they are paroled" is permitted" or o# any value Art 3E

!n capitulations #or the surrender o# strong places or #orti#ied camps the commanding o##icer" in cases o# urgent

necessity" may agree that the troops under his command shall not #ight again during the $ar" unless e>changed

A(. 13.

The usual pledge given in the parole is not to serve during the e>isting $ar" unless e>changed

This pledge re#ers only to the active service in the #ield" against the paroling belligerent or his allies actively

engaged in the same $ar These cases o# breaing the parole are patent acts" and can be visited $ith the

punishment o# death? but the pledge does not re#er to internal service" such as recruiting or drilling the recruits"

#orti#ying places not besieged" =uelling civil commotions" #ighting against belligerents unconnected $ith the

paroling belligerents" or to civil or diplomatic service #or $hich the paroled o##icer may be employed

A(. 131.

!# the government does not approve o# the parole" the paroled o##icer must return into captivity" and should the

enemy re#use to receive him" he is #ree o# his parole

A(. 13.

A belligerent government may declare" by a general order" $hether it $ill allo$ paroling" and on $hat

conditions it $ill allo$ it 1uch order is communicated to the enemy

A(. 133.

No prisoner o# $ar can be #orced by the hostile government to parole himsel#" and no government is obliged to

parole prisoners o# $ar" or to parole all captured o##icers" i# it paroles any As the pledging o# the parole is an

individual act" so is paroling" on the other hand" an act o# choice on the part o# the belligerent


21/24

A(. 13!.

The commander o# an occupying army may re=uire o# the civil o##icers o# the enemy" and o# its citiBens" any

pledge he may consider necessary #or the sa#ety or security o# his army" and upon their #ailure to give it he may

arrest" con#ine" or detain them

SECTION VIII

"rmistice - %apitulation

A(. 13+.

An armistice is the cessation o# active hostilities #or a period agreed bet$een belligerents !t must be agreed

upon in $riting" and duly rati#ied by the highest authorities o# the contending parties

A(. 136.

!# an armistice be declared" $ithout conditions" it e>tends no #urther than to re=uire a total cessation o#hostilities along the #ront o# both belligerents

!# conditions be agreed upon" they should be clearly e>pressed" and must be rigidly adhered to by both parties

!# either party violates any e>press condition" the armistice may be declared null and void by the other

A(. 137.

An armistice may be general" and valid #or all points and lines o# the belligerents" or special" that is" re#erring

to certain troops or certain localities only

An armistice may be concluded #or a de#inite time? or #or an inde#inite time" during $hich either belligerent

may resume hostilities on giving the notice agreed upon to the other

A(. 138.

The motives $hich induce the one or the other belligerent to conclude an armistice" $hether it be e>pected to

be preliminary to a treaty o# peace" or to prepare during the armistice #or a more vigorous prosecution o# the

$ar" does in no $ay a##ect the character o# the armistice itsel#

A(. 13.

An armistice is binding upon the belligerents #rom the day o# the agreed commencement? but the o##icers o# the

armies are responsible #rom the day only $hen they receive o##icial in#ormation o# its e>istence

A(. 1!.

Commanding o##icers have the right to conclude armistices binding on the district over $hich their command

e>tends" but such armistice is sub8ect to the rati#ication o# the superior authority" and ceases so soon as it is

made no$n to the enemy that the armistice is not rati#ied" even i# a certain time #or the elapsing bet$een

giving notice o# cessation and the resumption o# hostilities should have been stipulated #or


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A(. 1!1.

!t is incumbent upon the contracting parties o# an armistice to stipulate $hat intercourse o# persons or tra##ic

bet$een the inhabitants o# the territories occupied by the hostile armies shall be allo$ed" i# any

!# nothing is stipulated the intercourse remains suspended" as during actual hostilities

A(. 1!.

An armistice is not a partial or a temporary peace? it is only the suspension o# military operations to the e>tent

agreed upon by the parties

A(. 1!3.

When an armistice is concluded bet$een a #orti#ied place and the army besieging it" it is agreed by all the

authorities on this sub8ect that the besieger must cease all e>tension" per#ection" or advance o# his attacing

$ors as much so as #rom attacs by main #orce

;ut as there is a di##erence o# opinion among martial 8urists" $hether the besieged have the right to repair

breaches or to erect ne$ $ors o# de#ense $ithin the place during an armistice" this point should be determined

by e>press agreement bet$een the parties

A(. 1!!.

1o soon as a capitulation is signed" the capitulator has no right to demolish" destroy" or in8ure the $ors" arms"

stores" or ammunition" in his possession" during the time $hich elapses bet$een the signing and the e>ecution

o# the capitulation" unless other$ise stipulated in the same

A(. 1!+.

When an armistice is clearly broen by one o# the parties" the other party is released #rom all obligation to

observe it

A(. 1!6.

%risoners taen in the act o# breaing an armistice must be treated as prisoners o# $ar" the o##icer alone being

responsible $ho gives the order #or such a violation o# an armistice The highest authority o# the belligerent

aggrieved may demand redress #or the in#raction o# an armistice

A(. 1!7.

;elligerents sometimes conclude an armistice $hile their plenipotentiaries are met to discuss the conditions o#

a treaty o# peace? but plenipotentiaries may meet $ithout a preliminary armistice? in the latter case" the $ar is

carried on $ithout any abatement


23/24

SECTION I

"ssassination

A(. 1!8.

The la$ o# $ar does not allo$ proclaiming either an individual belonging to the hostile army" or a citiBen" or asub8ect o# the hostile government" an outla$" $ho may be slain $ithout trial by any captor" any more than the

modern la$ o# peace allo$s such intentional outla$ry? on the contrary" it abhors such outrage The sternest

retaliation should #ollo$ the murder committed in conse=uence o# such proclamation" made by $hatever

authority CiviliBed nations loo $ith horror upon o##ers o# re$ards #or the assassination o# enemies as relapses

into barbarism

SECTION

)nsurrection - %ivil $ar - Rebellion

A(. 1!.

!nsurrection is the rising o# people in arms against their government" or a portion o# it" or against one or more

o# its la$s" or against an o##icer or o##icers o# the government !t may be con#ined to mere armed resistance" or

it may have greater ends in vie$

A(. 1+.

Civil $ar is $ar bet$een t$o or more portions o# a country or state" each contending #or the mastery o# the

$hole" and each claiming to be the legitimate government The term is also sometimes applied to $ar o#

rebellion" $hen the rebellious provinces or portions o# the state are contiguous to those containing the seat o#

government

A(. 1+1.

The term rebellion is applied to an insurrection o# large e>tent" and is usually a $ar bet$een the legitimate

government o# a country and portions o# provinces o# the same $ho see to thro$ o## their allegiance to it and

set up a government o# their o$n

A(. 1+.

When humanity induces the adoption o# the rules o# regular $ar to $ard rebels" $hether the adoption is partial

or entire" it does in no $ay $hatever imply a partial or complete acno$ledgement o# their government" i# they

have set up one" or o# them" as an independent and sovereign po$er Neutrals have no right to mae the

adoption o# the rules o# $ar by the assailed government to$ard rebels the ground o# their o$nacno$ledgment o# the revolted people as an independent po$er

A(. 1+3.

Treating captured rebels as prisoners o# $ar" e>changing them" concluding o# cartels" capitulations" or other

$arlie agreements $ith them? addressing o##icers o# a rebel army by the ran they may have in the same?

accepting #lags o# truce? or" on the other hand" proclaiming 7artial La$ in their territory" or levying $ar@ta>es

or #orced loans" or doing any other act sanctioned or demanded by the la$ and usages o# public $ar bet$een


24/24

sovereign belligerents" neither proves nor establishes an acno$ledgment o# the rebellious people" or o# the

government $hich they may have erected" as a public or sovereign po$er Nor does the adoption o# the rules

o# $ar to$ard rebels imply an engagement $ith them e>tending beyond the limits o# these rules !t is victory in

the #ield that ends the stri#e and settles the #uture relations bet$een the contending parties

A(. 1+!.

Treating" in the #ield" the rebellious enemy according to the la$ and usages o# $ar has never prevented the

legitimate government #rom trying the leaders o# the rebellion or chie# rebels #or high treason" and #rom

treating them accordingly" unless they are included in a general amnesty

A(. 1++.

All enemies in regular $ar are divided into t$o general classes @ that is to say" into combatants and

noncombatants" or unarmed citiBens o# the hostile government

The military commander o# the legitimate government" in a $ar o# rebellion" distinguishes bet$een the loyal

citiBen in the revolted portion o# the country and the disloyal citiBen The disloyal citiBens may #urther beclassi#ied into those citiBens no$n to sympathiBe $ith the rebellion $ithout positively aiding it" and those

$ho" $ithout taing up arms" give positive aid and com#ort to the rebellious enemy $ithout being bodily

#orced thereto

A(. 1+6.

Common 8ustice and plain e>pediency re=uire that the military commander protect the mani#estly loyal

citiBens" in revolted territories" against the hardships o# the $ar as much as the common mis#ortune o# all $ar

admits

The commander $ill thro$ the burden o# the $ar" as much as lies $ithin his po$er" on the disloyal citiBens" o#

the revolted portion or province" sub8ecting them to a stricter police than the noncombatant enemies have tosu##er in regular $ar? and i# he deems it appropriate" or i# his government demands o# him that every citiBen

shall" by an oath o# allegiance" or by some other mani#est act" declare his #idelity to the legitimate government"

he may e>pel" trans#er" imprison" or #ine the revolted citiBens $ho re#use to pledge themselves ane$ as citiBens

obedient to the la$ and loyal to the government

Whether it is e>pedient to do so" and $hether reliance can be placed upon such oaths" the commander or his

government have the right to decide

A(. 1+7.

Armed or unarmed resistance by citiBens o# the United 1tates against the la$#ul movements o# their troops is

levying $ar against the United 1tates" and is there#ore treason

the lieber code of 1863.pdf

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