Nevertheless, their offices and persons will be subjected to Martial Law in cases of urgent necessity only: their property and business are not exempted. 8.Ĭonsuls, among American and European nations, are not diplomatic agents. Martial Law extends to property, and to persons, whether they are subjects of the enemy or aliens to that government. 6.Īll civil and penal law shall continue to take its usual course in the enemy's places and territories under Martial Law, unless interrupted or stopped by order of the occupying military power but all the functions of the hostile government - legislative executive, or administrative - whether of a general, provincial, or local character, cease under Martial Law, or continue only with the sanction, or, if deemed necessary, the participation of the occupier or invader. To save the country is paramount to all other considerations.

Its most complete sway is allowed - even in the commander's own country - when face to face with the enemy, because of the absolute necessities of the case, and of the paramount duty to defend the country against invasion. Much greater severity may be exercised in places or regions where actual hostilities exist, or are expected and must be prepared for. Martial Law should be less stringent in places and countries fully occupied and fairly conquered. As Martial Law is executed by military force, it is incumbent upon those who administer it to be strictly guided by the principles of justice, honor, and humanity - virtues adorning a soldier even more than other men, for the very reason that he possesses the power of his arms against the unarmed. Military oppression is not Martial Law: it is the abuse of the power which that law confers. Martial Law is simply military authority exercised in accordance with the laws and usages of war. The commander of the forces may proclaim that the administration of all civil and penal law shall continue either wholly or in part, as in times of peace, unless otherwise ordered by the military authority. Martial Law in a hostile country consists in the suspension, by the occupying military authority, of the criminal and civil law, and of the domestic administration and government in the occupied place or territory, and in the substitution of military rule and force for the same, as well as in the dictation of general laws, as far as military necessity requires this suspension, substitution, or dictation. Martial Law does not cease during the hostile occupation, except by special proclamation, ordered by the commander in chief or by special mention in the treaty of peace concluding the war, when the occupation of a place or territory continues beyond the conclusion of peace as one of the conditions of the same. The presence of a hostile army proclaims its Martial Law. Martial Law is the immediate and direct effect and consequence of occupation or conquest.

SECTION I Martial Law - Military jurisdiction - Military necessity - Retaliation Article 1.Ī place, district, or country occupied by an enemy stands, in consequence of the occupation, under the Martial Law of the invading or occupying army, whether any proclamation declaring Martial Law, or any public warning to the inhabitants, has been issued or not.

Army general orders pdf