"War" does not exist merely because of an armed attack by the military forces of another nation until it is a condition recognized or accepted by a political authority of government which is attacked, either though an actual declaration of war or other acts demonstrating such a position. An internecine war is carried on between opposing masses of citizens of the same country. Before the declaration of independence, the war between Great Britain and the United Colonies was a civil war; but instantly on that event the war changed its nature, and became a public war between independent states.
A "mixed" war is one in which war is made on one side by public authority, and on the other side by mere private persons. A "perfect" war is one in which a whole nation is at war with another whole nation, but when the hostilities are limited as respects places, persons, and things, the war is claimed to be "imperfect." A "solemn" war is made in form by a public declaration, a war solemnly declared by one state against another. A " public" war is every contention by force, between two nations, under the authority of their respective governments.
BELLIGERENCY, in international law is defined as "The status of de facto statehood attributed to a body of insurgents, by which their hostilities are legalized. Before they can be recognized as belligerents they must have some sort of political organization and be carrying on what in international law is regarded as legal war. There must be an armed struggle between two political bodies, each or which exercises de facto authority over persons within a determined territory, and commands an army which is prepared to observe the ordinary laws of war.
A BELLIGERENT, defined in international law as an adjective, means engaged in lawful war. As a noun, it designates either of two nations which are actually in a state of war with each other, as well as their allies actively co-operating, as distinguished from a nation which takes no part in the war and maintains a strict indifference as between the contending parties, called a "neutral."
BELLIGERENTS are defined as a body of insurgents who by reason of their temporary organized government are regarded as conducting lawful hostilities. Also, the militia, corps of volunteers, and others, who although not part of the regular army of the state, are regarded as lawful combatants provided they observe the laws of war.
Bello parta cedunt reipublicæ, as interpreted means , "Things acquired in war belong or go to the state." The right to all captures vests primarily in the sovereign, which is a fundamental maxim of public law. There are some people who claim the present day forfeiture laws have grown out of that maxim, and , that present day government as the BELLIGERENT, has the legal right, under the rule of law, to take the property of the American people as a consequence of the declared war against them......
The Joint Manual for Civil Affairs..FM41-5, OPNAV 09B2P1, AFM 110-7, NAVMC 2500, printed in 1966, may be a blueprint for just such an operation.
The manual outlines the principles and general policies to be followed by elements of the Departments of the Army, Navy, and Air Force in planning and conducting civil affairs operations. The basic principles presented are generally applicable to any civil affairs operations, and are pertinent to operations in nuclear or conventional warfare, or general or limited war. Below are some excerpts from the Manual..........
a. Show of force through mobilization or deployment.
b. Counterinsurgency operations.
c. Peacetime military activities in U.S. territory.
d. Territory of a friendly power during peacetime on the basis of an agreement.
e. Disaster relief or invitational emergency intercession within the jurisdiction of a foreign power.
f. Assistance in civil defense, emergency, or disasters in both foreign and domestic territory.
g. Territory of a friendly power during wartime generally on the basis of an agreement.
h. Wartime activities in the United States.
I. Occupation of enemy territory.
j. Occupation of liberated territory, with or without a civil affairs agreement.
[size=undefined]IN THE UNITED STATES, NO DECLARATION OF MARTIAL LAW IS NECESSARY. IT IS CUSTOMARY FOR THE PRESIDENT, A GOVERNOR, OR A MILITARY COMMANDER TO PUBLISH A PROCLAMATION TO INFORM THE PEOPLE.[/size]b. In emergency situations it is possible that initial operations may be conducted without benefit of a formal agreement. Under these circumstances, agreements should be negotiated as rapidly as possible unless it is in the best interests of the United States not to do so with a particular government. Initial agreements may be limited in scope and be subject to major revision or extension with the passage of time and accumulation of experience. When time and knowledge of areas permit, theater or other appropriate commanders should, prior to entering areas of operation, draft civil affairs agreements to serve as a basis for discussion and to set out operational requirements of the military command. Guidance in the preparation of these draft agreements will be provided by the Director of Civil Affairs, Office of the Deputy Chief of Staff for Military Operations, Headquarters, Department of the Army, or, when established, by the joint civil affairs organization within the Joint Chiefs of Staff.
c. Among matters which may be delineated in a civil affairs agreement are----
(1) Programs of common defense and measures for security.
(2) Channels of official liaison between United States forces and echelons of government at all levels.
(3) Official relationships with third party governments, people, and instrumentalities.
(4) Authority for the military commander to take emergency measures dictated by the necessities of the military situation.
(5) Provisions covering such matters as freedom of movement, bearing of arms, criminal and civil jurisdiction of host nation tribunals, taxes, licensing, customs payments, postal services, and similar regulatory matters.
(6) Policies and procedures with respect to claims involving both public and private property.
(7) The extent of jurisdiction, if any, which U.S. forces may exercise over the civilian population.
(8) Extent of authority, processes, and reimbursement policies in connection with procuring by U.S. forces of facilities, supplies, labor, and other services.
(9) Fiscal arrangements including currency to be used in the area and regulations with respect to its possession and exchange processes.
(10) Details as to character and amounts of military and civilian supplies and services which each government will furnish and essential administrative procedures.
(11) Coordination on matters of health and sanitation.
(12) Operation of educational institutions or public utilities.
(13) Supervision of law enforcement system or operation of court system.[size=undefined]Objectives[/size](5) Maintenance of reestablishment of civil government administration. When political institutions, economic systems, and processes of civil administration are disrupted or rendered impotent by disaster, war, or insurgency, many of the functions normally performed by civilian governments and agencies may be assumed by the military. Initially, as in the case of occupied hostile territory, this may include assumption of authority and responsibility for the exercise of any and all governmental functions.
l. The following general principles apply to all Civil Affairs and Military Government Operations; they are the basis for initial planning purposes in the absence of specific guidance:
a. Humanity. The principle of humanity prohibits the use of any degree of violence not actually necessary for the purpose of the war. War is not an excuse for ignoring established humanitarian principles. To a large extent these principles have been given concrete form in the law of war; but because all of these principles have not become legal rules, a military commander should consider whether a proposed course of action would be humane even though not prohibited by international law.
b. Benefit of the Governed. Subject to the requirements of the military situation, the principle of governing for the benefit of the governed should be observed.
c. Reciprocal Responsibilities. The commander of an occupying force has the right, within the limits set by international law, to demand and enforce such obedience from the inhabitants of an occupied area as may be necessary for the accomplishment of his mission and the proper administration of the area. In return for such obedience, the inhabitants have a right to freedom from unnecessary interference with their individual liberty and property rights.
d. Command Responsibilities. Responsibility and authority for the conduct of Civil Affairs/Military Government operations are vested in the senior military commander, who is guided by directive from higher authority, national policies, applicable agreements and international law.
"In most instances the decision to impose martial law is made by the President, who normally announces his decision by proclamation, which usually contains his instructions concerning its exercise and any limitations thereon."
When the Federal Armed Forces have been committed, "the population of the affected area will be informed of the rules of conduct and other restrictive measures the military is authorized to enforce. These will normally be announced by proclamation or order . . ."
"Federal Armed Forces ordinarily will exercise police powers . . ."
Sec 501.1 (e) "Units and members of the Army Reserve on active duty may be employed in civil disturbances operations in the same manner as active forces."
Sec. 501.3 (a) "In the enforcement of the laws, Federal Armed Forces are employed as a part of the military power of the United States and act under the orders of the President as Commander in Chief."
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