20. To coin or alter money, notes, and Japanese military assignats and to make use of them whilst being aware of their fraudulent character.

21. To oppose requisitions in general, such as the lodgment or hiring of coolies, or to fail to comply with any requisitions.

22. To prevent by trickery or threat any duty imposed on individuals serving in our army.

23. To be in possession of arms and military stores without authority.

24. To enter ports, batteries, or other prohibited places without permission.

25. To infringe the prohibition against entering or remaining in forbidden radii.

26. To make trenches in the mountains and hills without authority. 27. To inspect, sketch, photograph, or make descriptions of views on land and sea without authority.

28. To plunder articles belonging to the wounded or dead on the field of battle.

29. To exhume or destroy dead bodies on the field of battle or to steal articles from them.

30. To put to death Japanese or allied soldiers.

31. To assassinate or steal with violence.

32. To provide opium, to procure the instruments for smoking it, and a favorable place to enable our soldiers, allies, and other persons attached to the army to make use of it.

33. To commit any other acts detrimental to the Japanese army. 34. To disobey orders given by our army.

35. Acts detrimental to our army of which mention is not made above will be punished according to the military, naval, and penal law, or according to the ordinary penal code of Japan.

* * *

303. Prohibition as to rights and rights of action.-H. R. Art. XXIII, last par. It is especially forbidden to declare abolished, suspended, or inadmissible in a court of law the rights and rights of action of the nationals of the hostile party.1

1

1 For rule that debts due from citizens of one belligerent to those of another are not extinguished but suspended during war, see State of Georgia v. Brailsford (3 Dall., 1), Ware v. Hylton (3 Dall., 199, 281), Williams v. Bruffy (96 U. S., 176, 186-188), Dig. Int. Law Moore, sec. 1155.

304. General restrictions imposed-Commercial relations.The occupant has the unquestioned right to regulate commercial intercourse in occupied territory; i. e., he may prohibit entirely or place such restrictions and limitations upon such intercourse as he considers desirable for military purposes.1

1 Mil. Gov. and Martial Law, Birkhimer (2d ed.), par. 272 et seq.; Fleming v. Page (9 How., 615); Land Warfare, Opp., par. 373.

305. Censorship of press and correspondence.-The military occupant may establish censorship of the press and of telegraphic and postal correspondence. He may prohibit entirely the publication of newspapers, prescribe regulations for their publication and circulation and especially in unoccupied portions of the territory and in neutral countries. He is not required to furnish facilities for postal service, but may take charge of them himself, especially if the officials of the occupied district fail to act or to obey his orders.1

1 Vide F. S. R., 1914, pars. 419-432.

306. Means of transportation.-The military occupant exercises authority over all means of transportation, both public and private within the occupied district, and may seize and utilize the same and regulate their operation.1

1 Vide infra pars. 341-343.

307. Regulation as to taxes.-H. R. Art. XLVIII. If, in the territory occupied, the occupant collects the taxes, dues, and tolls imposed for the benefit of the State, he shall do so, as far as is possible, in accordance with the rules of assessment and incidence in force, and shall in consequence be bound to defray the expenses of the administration of the occupied territory to the same extent as the legitimate Government was so bound.

308. New taxes not to be levied.-The imposition of taxes being an attribute of sovereignty, no new taxes should be imposed by the occupant. The occupant may, however, levy contributions and requisitions.1

1 As to requisitions vide infra pars. 345 et seq. As to contributions vide pars. 351 et seq.

309. When existing rules may be disregarded.—If, due to the flight or unwillingness of the local officials, it is impracticable to follow the rules of incidence and assessment in force, then the total amount of the taxes to be paid may be allotted among the districts, towns, etc., and the local authorities be required to collect it as a capitation tax or otherwise.1

1 G. O. 101, W. D. 1898. "As the result of military occupation the taxes and duties payable by the inhabitants to the former Government become payable to the military occupant, unless he sees fit to substitute for them other rates or modes of contribution to the expenses of the Government. The moneys so collected are to be used for the purpose of paying the expenses of government under the military occupation, such as the salaries of the judges and the police, and for the payment of the expenses of the army."

310. Surplus may be used.-The first charge upon the State taxes is for the cost of local maintenance. The balance may be used for the purposes of the occupant.1

1 See note to preceding paragraph.

311. What included in taxes, tolls, etc.-The words "for the benefit of the State" were inserted in the article to exclude local dues collected by local authorities. The occupant will supervise the expenditure of such revenue and prevent its hostile use.1

1 Holland, Laws of War on Land, par. 108. Land, p. 378.

Spaight, War Rights on

EFFECTS OF OCCUPATION ON THE POPULATION,

312. Right to enforce obedience.-The occupant can demand and enforce from the inhabitants of occupied territory such

obedience as may be necessary for the security of his forces, for the maintenance of law and order, and the proper administration of the country.

313. Oath of allegiance forbidden.-H. R. Art. XLV. It is forbidden to compel the inhabitants of occupied territory to swear allegiance to the hostile power.1

1 Both the British and Boers required an oath of neutrality. They also punished those who violated such oaths with terms of imprisonment. The necessity for such oath is not readily apparent, except, perhaps, as a reminder of his obligations, since the inhabitant owes the obligations imposed and can be punished for violations of such obligations under the laws and rules of war. For form of oath required by Great Britain, vide Spaight, War Rights on Land, p. 372.

314. Must respect persons, religious convictions, etc.-H. R. Art. XLVI. Family honor and rights, the lives of persons, * * * as well as religious convictions and practice, must be respected.1

1 Mr. Spaight, after pronouncing this article the "magna charta of war law," says: "One is disheartened when one thinks of requisitions, of contributions, of fines, of reprisals, of houses leveled as a measure of tactics, of a whole town emptied as a military precaution (as Sherman emptied Atlanta and Burrows's brigade emptied Kandahar in 1880), of wide provinces cleared of their habitations and crops, of a thousand instances in which the provisions of Article XLVI have conspicuously not been adhered to, in later-day wars. If an invader had to comply strictly with its terms, that of itself would bring his invasion to an end. An invader must and does interfere with the lives and property of citizens in many ways; even their religious worship and the sanctity of their churches or chapels are not secure from the encroachments of the greedy mawed aggressor, the necessity of war. * * The fact is that this Article XLVI must be read subject to military necessities. One might add such a proviso as to nearly every article, as Baron Jomini pointed out at the conference of 1874, but after none is the proviso so necessary as after this. So read, the article forbids certain violent acts unless they are demanded by the necessity of overcoming the armed forces of the enemy. Such acts must not be done as a substantive measure of war-they must not be made an end in themselves, but only as a means to the legitimate end of war; that is, the destruction of the other belligerent's fighting force." War Rights on Land, p. 374-375. Vide pars. 333 and 336 infra.

*

315. United States rule.-The United States acknowledge and protect, in hostile countries occupied by them, religion and morality; the persons of inhabitants, especially those of women; and the sacredness of domestic relations. Offenses to the contrary shall be rigorously punished.1

1"It will therefore be the duty of the commander of the expedition, immediately on his arrival in the islands, to publish a proclamation, declaring that we come not to make war upon the people of the Philippines, nor upon any party or faction among them, but to protect them in their homes, in their employments, and in their personal and religious rights." (Instructions to Gen. Merritt May 28, 1898.) G. O. 100, 1863, art. 37, par. 1.

316. Reciprocal obligations of inhabitants.—In return for such considerate treatment, it is the duty of the inhabitants to 42225°-14- -8

carry on their ordinary peaceful pursuits, to behave in an absolutely peaceful manner, to take no part whatever in the hos tilities carried on, to refrain from all injurious acts toward the troops or in respect to their operations, and to render strict obedience to the officials of the occupant.1

1"The freedom of the people to pursue their accustomed occupations will be abridged only when it becomes necessary to do so.

"While the rule of conduct of the American commander in chief will be such as has just been defined, it will be his duty to adopt measures of a different kind if, unfortunately, the course of the people should render such measures indispensable to the maintenance of law and order. He will then possess the power to replace or expel the native officials in part or altogether, to substitute new courts of his own constitution for those that now exist, or to create such new or supplementary tribunals as may be necessary. In the exercise of these high powers the commander must be guided by his judgment and his experience, and a high sense of justice." Ins. to Gen. Merritt, May 28, 1898. See also to same effect, G. O. 101, A. G. O., 1898. GO. 100, 1863, art. 22. "The principle has been more and more acknowledged that the unarmed citizen is to be spared in person, property and honor as much as the exigencies of war will admit.'

317. Limitation as to services of inhabitants.-H. R. Art. LII. Services shall not be demanded from inhabitants except for the needs of the army of occupation. They shall be of such a nature as not to involve the inhabitants in the obligation of taking part in military operations against their own country.

Such services shall only be demanded on the authority of the commander in the locality occupied.

318. General right to requisition services.-Services of the inhabitants of occupied territory may be requisitioned for the needs of the Army. These will include the services of professional men and tradesmen, such as surgeons, carpenters, butchers, bakers, etc., employees of gas, electric light, and water works, and of other public utilities, and of sanitary boards in connection with their ordinary vocations. The officials and employees of railways, canals, river or coastwise steamship companies, telegraph, telephone, postal, and similar services, and drivers of transport, whether employed by the State or private companies, may be requisitioned to perform their professional duties so long as the duties required do not directly concern the operations of war against their own country.1

1 Land Warfare, Opp., par. 388.

319. Can restore general conditions.-The occupant can requisition labor to restore the general condition of the public works of the country to that of peace; that is, to repair roads, bridges, railways, and as well to bury the dead and collect the wounded. In short, under the rules of obedience, they may be called upon to perform such work as may be necessary for the ordinary purposes of government, including police and sanitary work.

320. Can not be forced to construct forts, etc. The prohibition against forcing the inhabitants to take part in the opera

tions of war against their own country precludes requisitioning their services upon works directly promoting the ends of the war, such as construction of forts, fortifications, and entrenchments; but there is no objection to their being employed voluntarily, for pay, on this class of work, except the military reason of preventing information concerning such work from falling into the hands of the enemy.1

1 The better rule is to pay for all services rendered whenever practicable to do so, since it avoids antagonizing the people against the occupant and forcing stronger adherence to his own government. Vide Les Lois, Jacomet, par. 93; Land Warfare, Opp., par. 392.

321. Can not force furnishing information about enemy.-H. R. Art. XLIV. A belligerent is forbidden to force the inhabitants of territory occupied by it to furnish information about the army of the other belligerent, or about its means of defense.

322. Interpretation of rule.-This article was reserved by Austria-Hungary, Bulgaria, Montenegro, Russia, Japan, and Roumania, because it was believed that the prohibition was contrary to the general rule and practice of nations as expressed in G. O. 100, 1863, art. 93, that "All armies in the field stand in need of guides, and impress them if they can not obtain them otherwise." That the impressment of guides was intended to be forbidden by this rule seems evident from the action of the above nations who reserved it, and as well from the discussions at The Hague.1

1 Spaight, War Rights on Land, pp. 368-371. Les Lois, Jacomet, art. 95. Land Warfare, Opp., par. 382 and note h. Hague Conference, 1907, Actes, Vol. III, pp. 136-141. Mr. Holland places the above rule (H. R. XLIV) in square brackets, to indicate that it possesses but little value. War on Land, art. 104.

323. The practice as to guides.-As to the countries making reservations, the old practice will prevail. Officers of all armies with experience in the field know that guides are absolutely essential to success in practically all military operations in the field in unknown enemy country. Whenever, therefore, guides are in fact essential to success, and, for that reason, a military necessity, the foregoing rule must give way to and be interpreted as subordinate to such military necessity.1

1 No invader can be expected to forego the chances of success or imperil seriously his operations against the enemy by foregoing a well-understood and well-established practice of armies in the field as to the employment of a few individuals of his enemy as guides. Moreover, he must be protected in the use of such guides, because the success of his operations and the safety of his army are and must be his first consideration before which everything else must give way and be subordinated; and, as said by Mr. Lieber, "Military government-martial law-affects chiefly the police, etc., * # and refers mainly to the support and efficiency of the army, its safety, and the safety of its operations." G. O. 100, 1863, art. 10.