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Ruses of war and the employment of methods necessary to obtain information about the enemy and the country, are considered allowable.
The attack or bombardment of towns, villages, habitations or buildings which are not defended, is prohibited.
The Commander of an attacking force, before commencing a bombardment, except in the case of an assault, should do all he can to warn the authorities.
In sieges and bombardments all necessary steps should be taken to spare as far as possible edifices devoted to religion, art, science, and charity, hospitals, and places where the sick and wounded are collected, provided they are not used at the same time for military purposes.
The besieged should indicate these buildings or places by some particular and visible signs, which should previously be notified to the assailants.
The pillage of a town or place, even when taken by assault, is prohibited.
CHAPTER II.-On Spies.
An individual can only be considered a spy if, acting clandestinely, or on false pretences, he obtains, or seeks to obtain information in the zone of operations of a belligerent, with the intention of communicating it to the hostile party.
Thus, soldiers not in disguise who have penetrated into the zone of operations of a hostile army to obtain information are not considered spies. Similarly, the following are not considered spies: soldiers or civillians, carrying out their mission openly, charged with the delivery of despatches destined either for their own army or for that of the enemy. To this class belong likewise individuals sent in baloons to deliver despatches, and generally to maintain communication between the various parts of an army or a territory.
A spy taken in the act cannot be punished without previous trial.
A spy who, after rejoining the army to which he belongs, is subsequently captured by the enemy, is treated as a prisoner of war, and incurs no responsibility for his previous acts of espionage.
CHAPTER III.—On Flags of Truce.
An individual is considered as bearing a flag of truce who is author ized by one of the belligerents to enter into communication with the other, and who carries a white flag. He has a right to inviolability, as well as the trumpeter, bugler, or drummer, the flagbearer, and the interpreter who may accompany him.
The Chief to whom a flag of truce is sent is not obliged to receive it in all circumstances.
He can take all steps necessary to prevent the envoy taking advantage of his mission to obtain information.
In case of abuse, he has the right to detain the envoy temporarily.
The envoy loses his rights of inviolability if it is proved beyond doubt that he has taken advantage of his privileged position to provoke or commit an act of treachery.
CHAPTER IV.--On Capitulations.
Capitulations agreed on between the Contracting Parties must be in accordance with the rules of military honour.
When once settled, they must be scrupulously observed by both the parties.
CHAPTER V.-On Armistices.
An armistice suspends military operations by mutual agreement between the belligerent rties. If its duration is not fixed, the belligerent parties can resume operations at any time, provided always the enemy is warned within the time agreed upon, in accordance with the terms of the armistice.
An armistice may be general or local. The first suspends all military operations of the belligerent States; the second, only those between certain fractions of the belligerent armies and in a fixed radius.
An armistice must be notified officially, and in good time, to the competent authorities and the troops. Hostilities are suspended immediately after the notification, or at a fixed date.
It is for the Contracting Parties to settle, in the terms of the armistice, what communications may be held, on the theatre of war, with the population and with each other.
Any serious violation of the armistice by one of the parties gives the other party the right to denounce it, and even, in case of urgency, to recommence hostilities at once.
A violation of the terms of the armistice by private individuals acting on their own initiative, only confers the right of demanding the punishment of the offenders, and, if necessary, indemnity for the losses sustained.
SECTION III.—ON MILITARY AUTHORITY OVER HOSTILE TER
Territory is considered occupied when it is actually placed under the authority of the hostile army.
The occupation applies only to the territory where such authority is established, and in a position to assert itself.
The authority of the legitimate power having actually passed into the hands of the occupant, the latter shall take all steps in his power to re-establish and insure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.
Any compulsion of the population of occupied territory to take part in military operations against its own country is prohibited.
Any pressure on the population of occupied territory to take the oath to the hostile Power is prohibited.
Family honours and rights, individual lives and private property, as well as religious convictions and liberty, must be respected.
Private property cannot be confiscated.
Pillage is formally prohibited.
If, in the territory occupied, the occupant collects the taxes, dues, and tolls imposed for the benefit of the State, he shall do it, as far as possible, in accordance with the rules in existence and the assessment in force, and will in consequence be bound to defray the expenses of the administration of the occupied territory on the same scale as that by which the legitimate Government was bound.
If, besides the taxes mentioned in the preceding Article, the ocetpant levies other money taxes in the occupied territory, this can only be for military necessities or the administration of such territory.
No general penalty, pecuniary or otherwise, can be inflicted on the population on account of the acts of individuals for which it cannot be regarded as collectively responsible.
No tax shall be collected except under a written order and on the responsibility of a Commander-in-Chief.
This collection shall only take place, as far as possible, in accoriance with the rules in existence and the assessment of taxes in force.
For every payment a receipt shall be given to the taxpayer.
Neither requisition in kind nor services can be demanded from communes or inhabitants except for the necessities of the army of occupation. They must be in proportion to the resources of the country. and of such a nature as not to involve the population in the obligation of taking part in military operations against their country.
These requisitions and services shall only be demanded on the authority of the Commander in the locality occupied.
The contributions in kind shall, as far as possible, be paid for in ready money; if not, their receipt shall be acknowledged.
An army of occupation can only take possession of the cash, funds and property liable to requisition belonging strictly to the State, depôts of arms, means of transport, stores and supplies, and, gener ally, all movable property of the State which may be used for military operations.
Railway plant, land telegraphs, telephones, steamers, and other ships, apart from cases governed by maritime law, as well as depota of arms and, generally, all kinds of war material, even though belong ing to Companies or to private persons, are like vise material which may serve for military operations, but they must be restored at the conclusion of peace, and indemnities paid for them.
The plant of railways coming from neutral States, whether the property of those States, or of Companies, or of private persons, shall be sent back to them as soon as possible.
The occupying State shall only be regarded as administrator and usufructuary of the public buildings, real property, forests, and agricultural works belonging to the hostile State, and situated in the occupied country. It must protect the capital of these properties, and administer it according to the rules of usufruct.
The property of the communes, that of religious, charitable, and educational institutions, and those of arts and science, even when State property, shall be treated as private property.
All seizure of, and destruction, or intentional damage done to such institutions, to historical monuments, works of arts or science, is prohibited, and should be made the subject of proceedings.
SECTION IV.-ON THE INTERNMENT OF BELLIGERENTS AND THE
CARE OF THE WOUNDED IN NEUTRAL COUNTRIES.
A neutral State which receives in its territory troops belonging to the belligerent armies shall intern them, as far as possible, at a distance from the theatre of war.
It can keep them in camps, and even confine them in fortresses or locations assigned for this purpose.
It shall decide whether officers may be left at liberty on giving their parole that they will not leave the neutral territory without authorization.
Failing a special Convention, the neutral State shall supply the interned with the food, clothing, and relief required by humanity.
At the conclusion of peace, the expenses caused by the internment shall be made good.
A neutral State may authorize the passage through its territory of wounded or sick belonging to the belligerent armies, on condition that the trains bringing them shall carry neither combatants nor war material. In such a case, the neutral State is bound to adopt such measures of safety and control as may be necessary for the purpose.
Wounded and sick brought under these conditions into neutral territory by one of the belligerents, and belonging to the hostile party, must be guarded by the neutral State, so as to insure their not taking part again in the military operations. The same duty shall devolve on the neutral State with regard to wounded or sick of the other army who may be committed to its care.
S. Doc. 318, 58-2-60