Rules Of Land Warfare, FM-27-10, 1 October, 1940

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WARDEPARTMENTFIELDMANUALRULES OFLAND WARFARE

WAR D E P A R T M E N T F I E L DFM 27-10MANUALRULES OFLANDWARFAREWAR D E P A R T M E N T1OCTOBER 1940Unitcd States Coocrnmcni Printing OdSccWashington :1947

WAR DRIPAXTM NT,WABHINQTON,October1, 1940.FM 27-10, Rules of Land Warfare, i s published for the information and guidance of all concerned.[A. G. 062.11 (6-17-40).]BY ORDER OF THE SBCXETSYOF WAR :6.C. MARSHALL,Ohiep of Btaff.OFFICIAL:E.S. ADAMS,Major General,The Adjutant General.II

IFOREWORDExcept a s hereinafter noted, the official English text or translation of every treaty provision obligatory upon the United States,bearing upon the conduct of the forces in the field, is quotedverbatim in the chapter t o which it relates. The only exceptionsare-1. The Red Cross conventions of 1864 and 1906, which,although superseded by the Red Cross convention of 1929,chapter 5, a s between parties to the latter, continue in force,respectively, a s between the United States and such of the otherparties to each of the former, as have not ratified or adhered t othe latter ;2. The Hague Convention of 1899, relating to the laws andcustoms of war on land (first international peace conference),which, although superseded by Hague Convention No. I V of1907 (second international peace conference), herein quoted, a sbetween parties to the latter, continues in force a s between theUnited States and such of the other parties to the former a shave not yet ratified or adhered to the latter; and3. Chapter I1 of the annex to Hague Convention No. IV ofOctober 18, 1907, relating to prisoners of war (excepting arts.10, 11, and 12 relating to paroles ; pars. 148, 154, 156), which,although in effect superseded by the Geneva convention ofJuly 27, 1929, upon the same subject, chapter 4, a s betweenparties to the latter, continues in force a s between the UnitedStates and such of the other parties to the former as have notratified or adhered to the latter.The essential provisions of each of the antecedent conventionsmentioned in 1 and 2 above, and of chapter I1 of the annex toHague Convention No. IV (excepting the three articles abovementioned), have been substantially reincorporated within themore recent and more comprehensive conventions on the samesubject, so that observance of the latter practically includesobservance of the former. For this reason, and in view of the

FOREWORDgeneral rule prescribed by paragraph 5, only the most recentconvention on each of these subjects is quoted in this publication, saving the three articles on paroles above mentioned.Under the general rule last above mentioned, pertinent information concerning ratifications, adherences, reservations, anddenunciations (withdrawals) will be specially notified by higherauthority to the commanders in the field, as occasions arise.thus rendering unnecessary the inclusion of such data in thistext, and avoiding the frequent changes that such inclusionwould entaiL

TABLE OF CONTENT8--Paragraphs Page------ - --- --- - - - - - - ---- - - -- - - - ---- - ----- -- --Abbreviations -----.VICHAPTER1. Basic rules and principles.-.-.----.------------11-72. Qualilications of armed forces of belligerents ----. 8-13---- 43. Hostilities:SECTIONI. Commenccmeut of hostilities.- -.------ --.-.----14-2111. Conduct of hostilities. - .--.-.-- .-- - ---- -.- ------ 22-69OEAPTER4. Prisoners of WBI- -- --.----------.------------70-1726. Sick, wounded, and dead .-.-.--.-- .-- 173-201.--.-------6. Espionage and treason .--- .-------- 2432-214----------7. Intercourse between belligercnts-. .- .----.----215-2348. Military passports, safe-conducts, sabguards, andmtels -.------.--.----------.---------235-2439. C a p i t u l a t i o n s a n d m i s t i 244-270s 10. Military occupation and government of enemy terri211-344tory .----- .-.-.-.---.------.-.-------11. Penalties for violations of the laws of war .--.-- 345-369--. .12. Neutrality -.- .---------.-- ---.-----.-360-403-Index---- - - -----.-- - - - ---- --- - - - - -- - - - -- - -- - - - - -- --- - - - - ----- ----- - - - - - - ---

ABBREVIATIONSG.p.W----Geneva convention of July 27, 1929, relative to thetreatment of prisoners of war; Treaty Series No.846; 47 Strat.* 233; Treaties, etc., between the U. S.and other Powers, 1923-1937, Vol. BV, 5224.G.W.S----Geneva (Red Cross) convention of July 27, 1929, forthe aanelioration of the condition of the woundedand sick of armies in the field; Treaty Series No.847; 47 Stat.* 266; Treaties, etc., beOween t h e U.S.and other Powers, 1923-1937, Vol. IV, 5209.H.1[II-----Fl[ague Convention No. 111 of October 18, 1907, relating to the opening of hostilities; Treaty SeriesNo. 538; 36 Stat.* 2259; Malloy, Treaties, Vol.11, 2259.H.IV-----Hague Convention No. IV of October 18, 1907, respecting the laws and customs of war on Isnd;Treaty Series No. 539; 36 Stat? 2277; MaUoy,Treaties, VoE. I f , 2269.H.8------HagueConvention No. V of October 18, 1907, respecting the rights and duties of neutral powersand persons in case of war on land; Treaty SeriesNo. 540; 36 Stat.* 2320; Mallog, Treaties, Vol.11, 2290.H.VIII---Hague Convention No. VIII of October 18, 1907,relative to the laying of automatic subn arinecontact mines; Treaty Series No. 541; 36 Stat.*2332; Malloy, Treaties, VoL II, 2304.H. IX-----Hague Convention No. IX of October 18, 1907, concerning bombardment by naval forces in time ofwar; Treaty Series No. 542; 36 Stat.* 2351; Malloy,Treaties, Vol. I f , 2316H.D.XIV-Hague Declaration No. XW of October 16, 1907,prohibiting the discharge of projectiles and explosives from balloons; Treaty Series No. 546; 36Stat.* 2439; Malloy, Treaties, Vol. 11,2366.H.R------Annex to Hague Convention No. JT of October 18,1907, embodying the regulations respecting thelaws and customs of war on land adopted by thatconvention; Treatg Series No. 539; 36 Stat* 2295;Malloy, Treaties, Vol. 11,2281.-*United States Statutes at Large.V;i,

BASIC FIELD MANUALRULES O F LAND WARFARE(The matter contained herein supersedes B N , Vol. VII, part tw'o,January 2, 1934).CEAPTER 1BASIC RULES AND PRINCIPLES,1/1. General.-bongcivilized nations the conduct of war isregulated by certain well-established rules known a s the rulesor laws of war. These rules cover and regulate warfare both onland and sea. Those which pertain particularly to war on landare called the rules of land warfare. I t is the latter with whichthis manual is concerned.2. Written rules.-Manyof the rules of war have been setforth in treaties or conventions to which thc United States andother nations are parties. These are commonly called thewritten rules or laws of war.3. Unwritten rules.-Someof the rules of war have neveryet been incorporated in any treaty or convention to which theUnited States is signatory. These are commonly called theunwritten rules or laws of war, although they are well definedby recognized authorities on international law and well established by the custom and usage of civilized nations.4. Basic principles.-Among the so-called unwritten rules orlaws -of war are three interdependent basic principles thatunderlie all of the other rules or laws of civilized warfare, bothwritten and unwritten, and f r mthe general guide for conductwhere no more specific rule applies, to wit :a, The principle of military necessity, under which, subject tothe principles of humanity and chivalry, a belligerent is justifiedin applying any amount and any kind of force to- compel thecomplete submission of the enemy. with the lea& possibleexpenditure of time, life, and money ;

4-6RULES OF L A N C WARFAREZI. The principle of hurnamitv, prohibiting employment of anysuch kind or degree of violence a s is not actually necessary forthe purpose of the war ; andc. The ,principle 07 chivalrg, which denounces and forbidsresort to dishonorable means, expedients, or conduct.5. Force of rules.- . The unwritten rules a r e binding uponall civilized nations. They will be strictly observed by ourforces, subject only t o such exceptions a s shall have been directed by competent authority by way of legitimate reprisalsfor illegal conduct of the enemy. (See par. 358.)b. Technically each of the written rules is binding only between powers that have ratified o r adhered to, and have notthereafter denounced (withdrawn from), the treaty o r convention by which the rule is prescribed, and is binding only t o theextent permitted by the reservations, if any, tha.t have accompanied such ratification or adherence on either side. However,the written rules herein quoted in bold-faced type a r e all prescribed by treaties or conventions each of which h a s been ratified without reservation, and not thus f a r denounced, by theUnited States and many other nations. They a r e in large partbut formal and specific applications of general principles of theunwritten rules. While solemnly obligatory a s between thesignatory powers, they may be said also to represent t h e consensus of modern international public opinion a s to how belligerents and neutrals should conduct themselves i n the particularsindicated. As a general rule they will be strictly observed andenforced by United States forces i n the field, a s f a r a s applicable there, without regard t o whether they a r e legally bindingupon all of the powers immediately concerned. I t is the responsibility of higher authority, a s occasions arise, to determine andt o instruct the commander in t h e field, which, if any, of thewritten rules herein quoted a r e not legally binding a s betweenthe United States and each of the other powers immediatelyconcerned, and which, if any, for that reason a r e not f o r thetime being to be observed o r enforced.6. Military government and martial law distinguished.Military government is that form of government which i sestablished and maintained by a belligerent by force of armsover occupied territory of the enemy and over t h e inhabitantsthereof. I n this definition the term "territory of the enemy"

RULES OF LAND WBRFAR.EI/i6-7includes not only the territory of an enemy nation, but alsodomestic territory recovered by military occupation from rebelstreated a s belligerents.Martial law is the temporary government of the civil population through the military forces a s necessity may require indomestic territory a s distinguished from occupied territory ofa n enemy recognized a s a belligerent.So far a s the United States forces are concerned, militarygovernment and martial law are exercised by the military commander under the direction of the President, as Commanderin Chief of the Army a i d Navy.The most prominent distinction between military governmentand martial law is, that the former is exercised only in the territory of a hostile belligerent and is within the realm of international law, while the latter is invoked only in domestic territorywhose local government and inhabitants are not treated orrecognized a s belligerents.7. Military jurisdiction.-Militaryjurisdiction is of twokinds: First, that which is conferred and defined by statute;second, that which is derived from the common law of war.The character of the courts which have jurisdiction over military offenses depends upon the local laws of each particularcountry.In the armies of the United States, military jurisdiction i sexercised through the following military tribunals :a. Courts martial.b. Military commissions.c. Provost courts.While general courts martial have concurrent jurisdictionwith military commissions and provost courts to try any offenderwho by the law of war is subject to trial by military tribunals,it has generally been held that military commissions have nojurisdiction of such purely military offenses specified' in theArticles of War a s those articles expressly make punishable bysentence of court martial (except where the military commission is also given express statutory jurisdiction over the offense(A W. 80, 81, 82)). I n practice, offenders who are not subjectto the Articles of War, but who by the law of war are subject t otrial by military tribunals, are tried by military commissions orprovost courts.

IPULES O F LAND WBRFARF:CHAPTER 2QUALIFICATIONS OF ARMED FORCES OFBELLIGERENTS8. Genera1 division of enemy population.-Theenemy population is divided in war into two general classes, known a s thearmed forces and the peaceful population. Both classes havedistinct rights, duties, and disabilities, and no person can belongto both classes a t one and the same time.% Lawful belligerents.- .Armies, militia, and aoZunteercorps.-The laws, rights, and duties of war apply not only toarmies, but also to militia and volunteer corps fulfilling thefollowing conditions :1. To be commanded by a person responsible for his subordinates ;2. To have a fixed distinctive emblem recognizable at a dist ance ;3. To carry arms openly; and4. To conduct their operations in accordance with the lawsand usages of war. In countries where militia or volunteercorps constitute the army, or form part of it, they are includedunder the denomination 'hrmy" (H.R., art. I).6. L e d e en masse.-The inhabitants of a territory which hasnot been occupied, who, on the approech of the enemy, spontaneously take up arms to resist the invading troops withouthaving had time to organize themselves in accordance witharticle 1, shall be regarded as belligerents if they carry armsopenly and if they respect the laws and customs of war (H. R.,art. 2).c. Combatants and noncombatants.-Thearmed forces of thebelligerent parties may consist of combatants and noncombatants. I n the case of capture by the enemy, both h a v e s right tobe treated as prisoners of war (H.R, art. 3).10. Treatment a s brigands, etc., forbidden.-No belligerenthas the right to declare that he will treat every captured mani n arms of a Zevde e n masse a s a brigand or bandit.11. Deserters, etc., not to enjoy immunity.-Certain classesof those forming part of a levee en, mmse cannot claim the privileges accorded in paragraph 9b, h n g these are deserters

RULES OF LAND WARFARE11-16from, or subjects of, the invading belligerent, and persons whoare known to have violated the laws and customs of war.32. Uprisings in occupied territory.-Ifthe people of a country, or any portion thereof, already occupied by a n army, riseagainst it, they are violators of the laws of war, and are notentitled to their protection.13. Determination of status of captured troops.-The determination of the status of captured troops is to be left to highermilitary authority or t o military tribunals. Summary executions are no longer contemplated under the laws of mar. Theofficer's duty is to hold the persons of those captured and leavethe question of their being regulars, irregulars, deserters, etc.,to the determination of competent authority.CHAPTER 3HOSTILITIESParagraphaS C T I OI.N Commencement of hostilities ---------------------- 14--2111. Conduct of hostilities .22-69COMMENCEMENT OF H O S T I L I T I E S14. Declaration of war required.-Thecontracting powersrecognize that hostilities between themselves must not cornmence without presious and explicit warning, in the formeither of a reasoned declaration of war or of an ultimatumwith conditional declaration of war (H. III, art. I).15. Surprise still possible.-Nothingin the foregoing rulerequires that any particular length of time shall elapse betweendeclaration of war and the commencement of hostilities. It isstill possible, therefore, to make a sudden and unexpecteddeclaration of war and thus surprise an unprepared enemy.16. Notification to neutrals.-The existence of a state ofwar must be notified to the neutral powers without delay, andshall not take effect in regard to them until after the receipt ofa notification, which may, however, be given by telegraphNeutral powers, nevertheless, cannot rely on the absence ofnotification if it is clearly established that they were in factaware of the existence of a state of war (H. IZi, art. 2).,.

17-21RULES OF LAND WARFARE17. When articles effective between parties.-Article 1 (seepar. 14) of the present convention shall take effect in case ofwar between two or more of the contracting powers. Article 2(see par. 16) is binding as between a belligerent power which isa party to the convention and neutral powers which are alsoparties to the convention (H. ZII, art. 3).18. Legal and commercial importance of above articles.This convention (H. 111) is important from both the legaland commercial points of view since i t requires belligerentsthemselves publicly to announce a definite date for the commencement of hostilities, from which date they become entitledto exercise the rights of belligerency, are themselves requiredto respect the rights of neutrals, and may exact from neutralscompliance with the obligations of neutrality.19. Status of civilian population.-Itis now universallyrecognized that hostilities are restricted to the armed forces ofbelligerents. Inhabitants who refrain from acts of hostility andpursue their ordinary vocations must be distinguished from thearmed forces of the belligerent; must be treated leniently; mustnot be injured in their lives or liberty, except for cause andafter due trial; and must not, as a rule, be deprived of theirprivate property.20. Detention and internment.-Enemy subjects located orresident in our territory are not made prisoners en rnasse onthe breaking out of hostilities. Persons known to be active orreserve officers, or reservists, of the hostile army, as well as persons suspected of communicating with the enemy, will bedetained and, if deemed advisable, interned on the ground ofself-preservation in the exercise of the right of control.21. Expulsion.-Inmodern practice the expulsion of thecitizens or subjects of the enemy is generally decreed from seaports, fortresses, defended areas, and the actual or contemplatedtheaters of operation. The practice as to expulsion from otherterritory is not uniform, expulsion being resorted to usually forgrave reasons of state only. When decreed, the persons expelledshould be given such reasonable notice, consistent with publicsafety, as will enable them to arrange for the collection, disposal, and removal of their goods and property.

RULES O F LAND WARFARECONDUCT OF HOSTILITIESMILITARY NECESSITY22. Object of war.-Theobject of war is t o bring about thecomplete submission of the enemy a s soon a s possible by meansof regulated violence.23. Military necessity.-Militarynecessity justifies a resortto all the measures which a r e indispensable for securing thisobject and which a r e not forbidden by the modern laws andcustoms of war.24. Measures justified by military necessity.-Militarynecessity admits ofa. A l l direct destruction of life or limb of armed enemies, andof other persons whose destruction is incidentally unavoidablein t h e Brmed contests of war.b. The capturing of every armed enemy, and of every enemyof importance to the hostile government, or of peculiar dangerto the captor.c. The destruction of property, if demanded by the necessitiesof war ;the obstruction of ways and channels of traffic, travel, orcommunication ; and the withholding of sustenance or means of&/Life from the enemy.d. The appropriation of whatever the enemy's country affordsthat is necessary for the subsistence and safety of the army.e. Such deception a s does not involve the breaking of g odfaith, either positively pledged, regarding agreements enteredinto during the war, o r supposed by the modern l a w of w a rto exist.25. Measures not justified by military necessity.-Militarynecessity does not admit of cruelty-that is, the infliction ofsuffering merely for spite or revenge ; nor of maiming or wounding except in combat; nor of torture t o extort confessions. Itdoes not admit of the use of poison in any way, nor of thewanton devastation of a district. It admits of deception, butdisclaims acts of per

RULES OF LAND WARFARE (The matter contained herein supersedes BN,Vol. VII, part tw'o, January 2, 1934). CEAPTER 1 BASIC RULES AND PRINCIPLES 1. General.-bong civilized nations the conduct of war is regulated by certain well-established rules known as the rules or laws of war. These rules cover and regulate warfare both on land and sea.

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