The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-07-31
ACCEPTED LAW OF WAR
EpIToME or RULES GOVERNING THE
CONDUCT or BELLIGERENTs.
General Principles which Must he
TO Avoid other Trouble.
Naw ZOE 1Ierald.


tho present crisis. when the dust Of battle
seems almost ready to sweep down upon us,
It Is we'll to know just what regulations
would prevail should the Spanish forces in
wade our territory or should the United
States army or navy carry the war into the
enamys camp A war is not lawless thing.
Tie dignity OF government is there, and
that dignity is recognized by every civilized
nation. The United States has its instruc-
tions for the government of armies in the
field and just what actions are lawful and
what are unlawful are very clearly defined.
These instructions were prepared by the
late DIR. Francis Iieber at the request of
the War Department and were issued to the
army in 1863. They are still in force and
constitute the standard as to the rules Of
war on land. The instructions begin with
definition of martial law, which takes the
place of criminal and civil law in times of
hostility We learn that war is not carried
on by arms alone. 1t is lawful to starve the
hostile belligerent, armed and unarmed. so
that IL leads TO the speedier subsection of
the enemy When the commander of be-
sieged place expels the noncombatants in
order to lessen the number of those who
consume his stock of provisions it is lawful
though an extreme measure, to drive them
Commanders, whenever admissible, in
form the enemy Of their intention to bonn
basd a place. so that the noncombatants,
especially the women and children, may be
removed before the bombardment COM
mences But it is no infraction of the COM
mon law of war to omit thus to inform the
enemy. Surprise may be a necessity. In
modern wars protection of the inoffensive
citizen of the hostile country is the rule;
priyation and disturbance of private rela-
tiohs are the exception.
On the subject of retaliation instructions
arc set forth as follows: Peace is the nor
NAL condition Of nations; war is the excep-
tion. The ultimate object OF all modern war
is IA renewed state of peace. The more
vigorously wars are pursued the better ii
is for humanity. Sharp wars are brief
Ever since the formation and coexistence
OF modern nations and ever since wars have
become great national wars, war has come
to he acknowledged not to be its own end,
bus the means to obtain great ends OF state
or!to consist in defense against wrong, and
no. conventional restriction of the modes
adopted to inture the enemy is any longer
admitted; but the law of war imposes many
limitations and restrictions on principles of
justice faith and honor.
THE Law OF NATIONS.
The law Of war can no more wholly dis
pense with retaliation than can the law of
nations, Of which it is a branch. Yet CIV
ulzed nations acknowledge retaliation as the
sternest feature of war. A reckless enemy
often leaves to his opponent no other means
OF securing himself against the repetition of
barbarous outrage. Retaliation will there
fore never be resorted to as a measure of
mere revenge, but only as a means of pro-
teetive retribution. and, moreover, cautious
ly and unavoidably. That is to say, retalia-
ton shall only be resorted to after careful
inquiry into the real occurrence and the
character of the misdeeds that may COM
mand retribution.
Unjust or inconsiderate retaliation re-
moves the belligerents farther and farther
from the mitigating rules of regular war
and by rapid steps leads them nearer to the
tnternecine wars of savages. In this con-
nection, under the rules OF law, a victorious
army appropriateS all puolic money, seizes
all. public movable property until further
direction by its government, and sequesters
for its own benefit or that of its govern
ment all the revenues OF real property be-
longing to the hostile nation or govern
ment. AS a general rule, however, the prop
erty belonging to churches or hospitals, edu-
cational or charitable institutions shall not
be considered public property.
The United States acknowledge and pro-
tect ia hostile countries occupied by them
religion and morality, strictly private prop
erty. the persons Of the inhabitants.
ness Of domestic relations. Offenses to the
contrary shall be vigorously punished Pr
yats property, unless FORFEITED by crimes les
seized only by way OF military necessity,
for the support or other benefit of the army
All wanton violence committed against
persons in the invaded country. all destruc-
ton of property unless authorized, by the
commanding officer all robbery, all ptllage
or sacking, even after taking a place by
main force, all rape, wounding, manning
or killing of such inhabitants are prohibited
under the penalty OF death, or such other
severe punishment as may seem adequate
for the gravity of the offense. A soldier.
officer or private, in the act of committing
such violence, and disobeying a superior or
dering him to abstain from II, may De law
fully killed or 9on the tb sp1gS n G Sue stafep army
having entered the service of the enemy,
suffer death if they fall again into the
hands of the United States "a prisoner of
war is a public enemy armed or attached
10 the hostile army for active aid, who has
fallen into the hands OF the captor, either
lighting or wounded, on the field or in the
hospital, by individual surrender or capit-
ulation Citizens who accompany an army.
such as suffers, reporters or contractors, If
captured, may be made prisoners OF war,
and be detained as such.
NOT PRISONERS OF WAR.
The enemy's chaplains surgeons, apothe-
carries hospital nurses aid servants. If they
fall into the hands of the American army.
are not prisoners Of war. unless the COM
mandeF has reason 10 retain them. A pris-
oner Of war is subject to no punishment for
being a public enemy, nor is any revenge
wrsaked upon him by the intentional infiic-
ton Of any suffering or disgrace by cruel
Imprisonment. want Of food. mutilation,
death, or any other barbarity. Prisoners of
war are subject to confinement or imprison-
ment such as may be deemed necessary on
account of safety They may be required
10 work for the benefit of the captor's gov
eminent, according TO their rank and con-
ditton. Those who attempt escape may be
killed in flight. In case OF conspiracy for
the purpose OF general escape the con-
spirators may be vigorously punished, even
with death.
Outposts. sentinels or piciets are not to
be fired upon, except TO drive them in or
when a positive order, specified or general
has been issued to that effect. The use of
poison in any manner is wholly excluded
from modern warfare and he who uses il
places himself out of the pale OF the law
and usageS of war
Whoever Intentionally inf1icts additional
wounds on an enemy already disabled or
kills such an enemy, or who orders and en-
courages soldiers to do so, shall suffer death
II duly convicted, whether he belongs to the
army OF the United States or is an enemy
captured after having committed his mis-
deed.
scouts or single soldiers, If disguised in the
dress of the country or in uniform of the
army hostile TO their own, employed in OBJ
tanning information, IL found within or Turk
tng about the lines OF the captor are treated
as spies. and suffer death. Armed prowlers
BY whatever names they may be called, or
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