PART I. GENERAL PRINCIPLES

1. The state of war admits of the performance of acts of violence on the part only of the armed forces of the belligerent states.

Persons not forming part of a belligerent armed force must abstain from the performance of such acts.

A distinction being implied in the above rule between the individuals of whom the armed force of a state is composed and other subjects of a State, it becomes necessary to define an "armed force."

2. The armed force of a state comprehends--

§ 1. The army properly so called, including militia.

§ 2. National Guards Landsturm, and all corps which satisfy the following requirements:

(_a_) That of being under the direction of a responsible leader.

(_b_) That of wearing a uniform or a distinctive mark, which latter must be fixed, and capable of being recognized at a distance.

(_c_) That of bearing arms openly.

§ 3. Crews of vessels of war, and other members of the naval forces of the country.

§ 4. Inhabitants of a territory not militarily occupied by the enemy, who, on the approach of his army, take up arms spontaneously and openly for the purpose of combating it. Such persons form part of the armed force of the State, even though, owing to want of time, they have not organized themselves militarily.

3. Every belligerent armed force is bound to conform to the laws of war.

The sole object during war to which states can legitimately direct their hostilities being the enfeeblement of the military strength of the enemy. (Declaration of St. Petersburg of the 4/16th November, 1868.)

4. The laws of war do not allow belligerents an unlimited freedom of adopting whatever means they may choose for injuring their enemy. Especially they must abstain from all useless severity, and from disloyal, unjust, or tyrannical acts.

5. Military conventions made between belligerents during war--such as armistices and capitulations--must be scrupulously observed and respected.

6. No invaded territory is considered to be conquered until war is ended. Until then the occupying state only exercises a _de facto_ control of an essentially provisional nature.