The enemy forces are organized into the XII Slavic Brigade, the V Kosara Brigade and the XIV Krain Brigade. Two Battalion Headquarters in Prnjavar and Stanici are known. The Brigades are alleged to have an average armament consisting of 5 heavy machine guns and 30 to 50 light machine guns in addition to 2 to 5 heavy trench mortars and numerous machine pistols.
In the area West of the Vrbas there are supposed to be about 2,000 men whose task is to seize supplies from that area and bring them to the bandits who are in action.
Then on page 8 of the original, page 48 of the English, it is under "Own Tactical Situation" for the interpreter, the paragraph starts out:
The Brigade with the 5th and 6th Regiment and the subordinated 5th Jaeger Regiment will assemble ready for action in the area, of Bos. Dubovac - Derventa - Kladari by 1 January 1944 for operation "Napfkuchen." The Brigade has the task of combing the mountains South of the Save on an extended front. The main support points of the bandits and partisan villages are to be destroyed and supplies of cattle and food stuffs to be secured. The commitments during the time covered by this report showed consolidation of the Cossacks in combat and in particular in discipline.
Wherever the troops were committed and billeted for an extended period, excesses, looting and rapes have almost ceased and the population cooperate with the Cossacks successfully in combating the bandits. However, operation like operation "Brandfackel" during which entire sections of the country had to be devastated pursuant to orders must have an unfavorable effect on the discipline of the troops toward the civilian population.
During the fighting from 21 Dec. 1943 to 20 January 1944 the Cossack Division suffered the following losses:
killed in action, 31 3 officers, 28 men Wounded 46, 1 officer, 45 men Missing - 51 men Horses killed:
60 Enemy losses:
369 counted dead, 32 prisoners.
More than 600 deserters were "brought in."
We direct the court's attention to the use of the word "deserter".
"More than 150 suspects were arrested. According to prisoners' statements, the enemy has numerous wounded. 4 machine guns, many rifles and 18,000 rounds of ammunition were taken in booty."
It is signed, "v. Pannwitz" who was commander of the First Cossack Division.
Then there is a combat report for the 383rd Croatian Infantry Regiment for an operation called, "Ristov". On page 60 of the German, and 50 of the English - this is, incidentally, dated 5 January, 1944, paragraph numbered 2 starts out:
Mission:
To comb and to mop up the area South of the Save between Bosn. Nov. Suhaca-Velar-Prijedor; to arrest the population capable of bearing arms, to take away supplies and cattle as far as they are not guarded, in order to deprive the bandits of the basis for their provisioning. In addition, it is to enable the repair work on the railroad line of Novi-Prijedor to be continued.
If is signed "Ristow, Major".
Then one from the XV Mountain Corps, Corps Headquarters, to its various subordinate units with reference to periodic reports, with a reference to the earlier communications of Commander German Troops in Croatia, and it says:
The divisions will submit before (reciting time received by Corps Headquarters):
Details:
1.) Daily Report:
B) Form and Contact:
?The daily report should give to the Commanding General a clear picture of the preceding day in a short and brief form.
The following is to noted:
a) the daily report is to express the personal interpretation of the Commanding Officer.
b) Do not give an arbitrary enumeration of dally events but an overall picture citing essential details (including enemy situation.)
c) Differentiate between facts and sumptions.
d) The estimate of the situation and the conclusions to be drawn therefrom must be opposed by own intentions and measures taken. A basic principle: no enemy reports without indications of source and without own tactical intention or countermeasures (reprisal operations).
e) The daily report must be built up on the report of the preceding day. Changes must be emphasized, particularly if they brought about a change in the estimate of the situation.
f) Situations as yet not clarified and unsolved problems are to be reported subsequently in order to avoid queries. The delay or the non-execution of your own intentions is to be reported and reasons are to be given.
g) Reports of acts of sabotage are to include the extent of the damage, the probable duration of the disturbance as well as measures carried out and intended (including reprisal measures). In the event of an interruption of railroad traffic, the daily report or if required, a subsequent report must be included.
And it tells what they have to do.
Under cc): Statement of immediate measures taken, taking into consideration reprisal measures.
2.) Estimate of the situation:
3.) Situation and billet maps:
4.) Orders of battle:
5.) Evaluation Reports:
It has typed at the bottom, "The Commanding General" and it has, "the Chief of the General Staff", and it is signed by "Pfafferott", as Colonel, General Staff Corps, and of course, at this time, the Commanding General of the XV Mountain Corps, is the defendant Leyser.
Distribution is to all subordinate divisions, and the War Diary.
MR. DENNEY: Then, turning to Page 82 in the German, and Page 54 in the English, we have Document No. NOKW-1430, which is offered as Prosecution's Exhibit No. 370. This is a report from the 15th Mountain Corps, dated 21 January 1944, commanded then by the Defendant Leyser, to the 2nd Panzer Army, commanded by the Defendant Rendulic. The "final report concerning the operation Brandfackel":
"Several times contact with enemy with only weak groups of bands in rugged and mountainous terrain. Great differences of level were overcome. Difficulties in command because means of communication were not sufficient. Pronounced symptoms of fatigue and cases (44) (handwritten) of sickness on account of long straining of troops (Kugelblitz, Waldrausch, Napfkuchen)." And then, of course, they're referring there to other operations. "Own losses: 1 dead, 16 wounded, 2 horses dead. Enemy losses: 131 dead, 2 prisoners, 5 deserters." And again they refer to deserters. "Booty: 2 heavy 2 light machine guns, 19 rifles, 1 hunting rifle, 1 radio apparatus, 3 telephones and cable, 43 head of cattle, 4 pigs, 35 sheep, 4 horses." And I would specifically like to direct the Court's attention to this: "1 hospital with 100 beds and 2 small ammunition depots destroyed." It is from the 15th Mountain Corps, again typewriten, And then on the 13th of January, Headquarters the 2nd Panzer Army, cony to the German Plenipotentiary from the same unit, Daily Report for the 13th: "Brandfackel": "Extremely difficult terrain makes attack and liaison very hard. Reports of individual combat groups lacking. In the southern part of the Kozara contact with retreating enemy. 1 bandit hospital destroyed. Day's line of advance aimed at Kozarac - Demitrovac (10 kilometers east of Prijedor and 9 kilometers east of Dubica) reached. 2 enemy dead, 2 heavy machine guns captured. Reconnaissance and reports of inhabitants indicate allegedly strong enemy 13 kilometers south/ southease of Dubica." And then, with reference to the Cossack Division: "Operation of own shock troops south of Gora and northwest Petrinja successful. Enemy advance guards approaching Gora pushed back. In the Area 18 kilometers south of Zagreb a village taken after short skirmish, 100 band suspects arrested." And then for the 27th, again addressed to the Headquarters of the 2nd Panzer Army, the Defendant Rendulic, and a copy here goes to the Headquarters of the 69th Corps, which, at that time, was commanded by the Defendant Dehner.
Again, the communication is from the Corns commanded by the Defendant Leyser. Daily Report of the 27th, "Cossack Division: In attack RR 2, from Jastrebarsko toward the north, medium sized band thrown toward..., retreated to fortified positions, 5 enemy dead. Line southeast of Turopolje again passable since 1100 hours after blasting, during night. 22 hostages hanged. Intentions: Continuation of attack north of Jastrobarsko, advance into area southeast of Lekenik." And the next one to the 2nd Panzer Army, again with the 69th Corps receiving a copy, and from the 15th Mountain Corps, Daily Report of the 28th, "Intentions: Relief in the area SFB and south of it by parts of the 1st Mountain Division, work on the railway line, arrest of hostages on both sides of the line southwest of Bos. Novi. Raid in Banja Luka." And on Page 85 of the German, Page 59 of the English, the last of this series of reports, again to the 2nd Panzer Army, and again a copy by letter to the 69th Reserve Corps, and again being sent by the 15th Mountain Corps. Daily Report of the 29th of January, for the 373rd Division, one of the subordinate units of the 15th Mountain Corps. "Movements of bands in the area Prijedor. The line Prijedor-Nevi was again blown up, the repairs were interrupted by trench mortars. In the area Rudice - Otoka 29 hostages were arrested on both sides of the railway line. In the area Ostrozac skirmish between Huska and Cetnik detachments. The line Sunja - Bihac free, 5 men deserted, probably to the Ustascha." And "gain, it is typed at the end, 15th Mountain Corps, an illegible signature, and what appears to be "Lieutenant Colonel." And then on Page 87 of the German and Page 61 of the English Document No. NOKW-1419. These are various reports from the 2nd Panzer Army to the 15th Mountain Corps. The first one is dated 30 January 1944, and to the 2nd Panzer Army; for information, the Military Commander Southeast, who, at that time, was the deceased Loehr, and his Chief of Staff at that time was Geitner; and the 2nd Panzer Army is still commanded by the Defendant Rendulic. This is from the 15th Mountain Corps Headquarters, commanded by the Defendant Leyser, and the signature is typed.
The message reads: "The search operation in the city area of Banja-Luka ordered for 28 January, without special results due to a premature spreading of information by Croatian authorities. Arrested and transferred to the SD: 32 persons. In addition 5 Domobrans without identification or leave papers." And this is certified as a true cony by Colonel Pfafferott of the General Staff Corps. And the next is a communication dated the 28th of January, from the Deputy for the Reich Fuehrer SS for Croatia, The Police Sector Commander, Banja Luka, and this is directed to the 15th Mountain Corps. And the 15th Mountain Corps was commanded by the Defendant Leyser, and here he is getting a report from an SS Standartenfuehrer. "The search operation in the city area of Banja Lukaordered for 28 January 1944-was concluded at 1300 hours without special incidents. Arrested and transferred to the SD: 20 persons without identification, 12 persons found in apartments not their own. 5 Domobrans without identification or leave papers." And, if your Honors will compare that with the communication dated 2 days later which we have just read here, you will have a Commanding General of a Corps passing on to the Commanding General of an Amy a communication from a Standartenfuehrer in the SS, almost identical except for the fact that he chose to add the 20 and 12 together, getting 32 persons, instead of the figures 20 and 12. The next is dated 12 December 1943, and it is from the Corps Headquarters, 15th Mountain Corps, to the 264th Infantry Division and the 114th Jaeger Division, both units subordinate to this particular Corps. "Enclosed please find a report by Vladimir Jonic, the former representative of the Directorate of the civilian administration in Dalmatia and Commissar of Ustasha Headquarters for your information. For Corps Headquarters, Chief of General Staff (illegible initial)." And then is recited to the 15th Mountain Corps from the German General-Plenipotentiary in Croatia, "By request of the Croatian Minister of the Armed Power, we submit enclosed a report of the directorate of the civilian administration in Dalmatia for information." And that is the forwarding copy that brought this to the attention of the Corps from the German General-Plenipotentiary in Croatia, and on the next page is an excerpt from the report.
THE PRESIDENT: Mr. Denney, we will not be able to complete this portion that you have just referred to, nor the Document Book; and we have only a couple of minutes before adjournment time; so we shall adjourn at this time. This Tribunal will stand adjourned until Monday morning, August 4 at 0930 in the morning.
MR. DENNEY: If your Honor pleases.
THE MARSHAL: The Tribunal will be recessed until 0930 Monday morning.
(The Tribunal recessed at 1630, to resume Monday morning, August 4, 1947, at 0930.)
Official Transcript of the American Military Tribunal in the matter of the United States of America, against Wilhelm List, et al, defendants, sitting at Nurnberg, Germany, on 4 August 1947, 1000-1630, Justice Garter presiding.
THE MARSHAL: Persons in the court room will please find their seats.
The Honorable, the Judges of Military Tribunal V.
Military Tribunal V is now in session. God save the United States of America and this honorable Tribunal.
There will be order in the court.
PRES. WENNERSTRUM: Marshal will you please ascertain if all the defendants are present in the courtroom.
MARSHAL: May it please your Honors, all defendants are present in the courtroom.
The persons in the court room will be seated.
PRESIDENT WENNERSTRUM: Judge Edward F. Carter of this Tribunal will preside at today's session.
PRESIDING JUDGE CARTER: You may proceed.
MR. DENNEY: May it please your Honors, first one or two matters which will be taken up: The Prosecution is sending to Greece for some witnesses and it is expected that they will arrive here late this week and in view of that the Prosecution would appreciate, and I trust the defense counsel will have no objection, if we could have an adjournment over Friday of this week.
DR. LATERNSER: The defense agrees with this proposal.
PRESIDING JUDGE CARTER: You expect, Mr. Denney, to have the documentary evidence in at that time?
MR. DENNEY: Not completely at that time; I think we should finish XV this morning; we ought to finish XVI, XVII, XVIII prior to that time and I believe we may have started on one witness before the end of this week.
PRESIDING JUDGE CARTER: The Tribunal agrees that the adjournment will be permitted.
MR. DENNEY: Thank you, your Honor. Now, in connection with document NOKW 076, which is the third document appearing in Book XIV, which your Honors excluded. For the record the defense counsel need not worry about it; I am not going to talk about it; I am just going to request that it be marked for identification. This was offered on the afternoon session of Thursday, July 31st, and it is my understanding that it has not been marked for identification. We propose to prepare a motion in support of an application for the admission of this document and with that in mind I would request that the document be marked 338a for identification.
PRESIDING JUDGE CARTER: Will you give me the number of the document again.
MR. DENNEY: Yes, your Honor, document NOKN 076. It is the third document appearing in the English Document Book XIV and the German Document Book XIV. It appears at page 6 of the English text and page 5 of the German text and it is requested that this be marked 338a for identification. There seems to be some doubt in the Secretary-General's mind; Major Hatfield, the document is merely being offered for identification, and is not being received and hence it is the number 338a and not "b", because "b" documents are the ones that are received in evidence. If and when it is received it is submitted that the letter be changed, but for the present it is 338a, providing the court is agreable.
PRESIDING JUDGE CARTER: That's agreable.
MR. DENNEY: There has been some delay in the motion because of the fact that I haven't been able to see the transcript for that day as yet and the motion papers should be prepared sometime later this week.
Turning now to another matter. We were served on Friday- I did not see the papers until after the afternoon session on Friday,- with a motion by the defense counsel with reference to a proposed trip to Washington. The Prosecution intends to file a memorandum in opposition to this request and it is requested that we be given until tomorrow noon to file our answer and papers, in view of the fact that Friday was a partial holiday here and on Saturday and Sunday there was no secretarial help available to those of us who were preparing the memorandum. Is that agreeable with your, Dr. Laternser?
DR. LATERNSER: Mr. President, I don't know how long the Prosecution will take in order to present its case. The Defense believes, however, it is definitely necessary that a trip of one or two deputies be made possible to Washington, and it has been concluded that we, the defense, in order to continue the case, are convinced of this because important material can be gotten from our representatives in Washington.
MR. DENNEY: Your Honor, I am not arguing the merits or lack of them, of his application, but am only asking that I be given until tomorrow noon to file the papers.
DR. LATERNSER: The defense counsel cannot make any objection to that.
PRESIDING JUDGE CARTER: It will be granted.
MR. DENNEY: And I might say for the record with reference to Dr. Laternser's application that the prior application with reference to the examination of one of his clients, that we have no objection, and we have filed this morning with the Secretary-General's office, that office having been closed on Saturday and Sunday when I attempted to file it at an earlier time, a statement to that effect.
Turning now to the remaining material in Document Book 15, the exhibit which we were considering as Prosecution Exhibit No. 371, which has been received in evidence and it is Document NOKW 1419. We had treated those portions of the exhibit which dealt with a communication of 30 January 1944 from the Corps Headquarters, 15th Mountain Corps, which was under the command of the defendant Leyser, to the Second Panzer Army, which was under the command of the defendant Rendulic, and the information copies going to the Military Commander Southeast, who was at that time General Loehr, and his Chief of Staff, at that time was the defendant Geitner. We also discussed the communication from SS Standartenfuehrer to General Leyser, as commander of the 15th Mountain Corps, and a communication from the German General Plenipotentiary in Croatia -Glaise-Horstrenau to the 15th Mountain Corps of the Defendant Leyser.
We now come to a report, page 91 of the German book and page 64 of the English book, starting with the section, for the interpreters, which has to do with our relationship to the German Wehrmacht.
At first, the German were met with mistrust due to enemy propaganda. There were cases where some Commanders and soldiers (surely by their own authority) have taken upon themselves certain rights which were not theirs, that is to say which are theirs in occupied enemy territory. In particular with regard to the spoils of war, there were frequently differences of pinion since the Germans, in addition to all war material, also consider as spoils of war all monies, Jewish and Italian fortunes, cigarettes, salt, matches, etc. After the Germans realized that they had extended their rights too far in regard to the spoils of war, the situation is now much clearer.
However, there is another fact which gives cause for concern.
The German Wehrmacht undertakes mopping up operations of the area without special co-operation of our troops. In a certain sense, this makes the Germans akin to liberators, but causes resistance within the population which expresses itself in particular in mistrust toward our State. In addition, German troops out of ignorance of our situation, sometimes carry out too severe measures or reprisals against the population which bears small guilt or no guilt at all. In most cases, the partisans on the arrival of German troops, fire from just those villages from which they wish to flee and/or to which they wish to cause damage.
The peaceful population remains while the Germans, convinced that they are dealing with accomplices, burn down these villages and thus destroy all the property of the population. In order to avoid such misunderstandings, a closer co-operation with our military and civil authorities by the German troops committed seems an urgent requirement, and prior to any mopping up operation by German detachments, the necessary data should be requested from our authorities."
And it is signed Vladimir Jonic, Commissar of Ustasha Headquarters, former representative to the Directorate Civilian Administration in liberated Dalmatia.
And then under date 11 August 1944, a communication from the Chief of Civil Administration of the Independent State of Croatia and to the Commander of German Troops in Croatia, Subject: Vicici Konji -- Its burning down by German troops."
I have received a report that the village of Donji Vecici was burned down and estroyed with weapons by German troops on Aug 7th this year and that the population was driven to Kotor Varos. The reason for this procedure was allegedly that a woman of this village had fired on a German Soldier from a house. It should be considered that this village was occupied by the partisans for several months, and a partisan woman had hidden there for certain and fired on the German Soldiers, something for which the population of this village cannot be held responsible.
As proof that the population did not feel friendly toward the partisans, the fact is cited that not a single person of this village had joined the partisans, notwithstanding an occupation of several months, their atrocities and promises.
The population was more than happy when the German troops arrived and liberated them from the atrocities and the looting. Now they experienced their greatest disappointment and their annihilation by just these German troops. Great excitement and open revolt ensued as a result of these happenings. Thus, a commission sent by the Headquarters of the German Troops in Banja Luka to establish the exact facts at the locality of the incident, in co-operation with the civilian authorities, in order to carry out the necessary measures which would prevent repetition of such, and similar cases would be in the interest not only of our authorities but also in the interest of the German troops.
To safeguard the harvest, it would be best to grant permission to the population of this village to return to their homes, where the population would erect some temporary housing.
I would appreciate your informing me whether permission will be granted the population to return to the village.
On this occasion, I again request the general to undertake such heavy punishment of the population only in cases where there is no doubut concerning the co-operation of the population with the partisans.
Because, if such cases happen repeatedly, consequences will ensue which are not in the interest of the pacification and of the suppression of the insurgents. It only would strengthen the revolt against the troops and against Governmental authorities and provide the enemy with material for propaganda against the German and Croatian Troops.
Ready for the Homeland!
Chief of the Civilian Administration.
Benak."
Then on 16 September 1943 from Corps Headquartes XV Mountain Corps, communication by this unit to the Chief of Civil Administration with Corps headquarters XV Mountain Corps, Minister Benak, and it refers here to the earlier letter, and at this time the unit in question, the XV Mountain Corps was commanded by one Lueters, it is believed. Yes, if your Honors, please, Lt. General Rudolf Lueters, was commander until November 1943:
The inquiry which was instituted concerning measures taken against the village of Vecici and which is now completed has established the following:
The rear guard of a German Company received fire from almost every house in the Northern part of Vecici. As has been established, almost the entire population participated in this treacherous fire attack which took place after the majority of the company had passed through. The company commander reports, for instance, that a woman offered him milk. After he had gone on for about 30 meters, the woman fired after him with a machine pistol. The woman was shot to death by a German soldier. Four soldiers who were captured during the attack were found, some shot in the head, some with broken skulls.
German woolen blankets, canteens and similar equipment of German origin were found in the houses of the village. Newly dug graves were found in the barns themselves.
It has been established beyond doubt that the German troops were fired on from the village by civilians and in particular also by women.
Thus, a reprisal operation was ordered against civilians. During the burning down of the houses, a large amount of ammunication exploded which is further proof of the participation of the population in the attack. Several inhabitants and Domobrans admitted that the detonations were audible during the burning down of the houses. During the carrying out of reprisal measures German soldiers were fired on even from the immediate neighborhood of the Mosque.
For some time, the village of Vecici has been know to be a hide-out for bands. That during the reprisal measures houses of innocent residents were also destroyed is possible and is based on the nature of such punitive operations.
If similar cases should occur the German Wehrmacht sees itself forced to order reprisal measures. According to reports of the Grossgespanschaft the inhabitants of Vecici have returned to their village.
(signed) Lueters And on the 22d August there is a communication from the Commander in Chief, Southeast, simultaneously charged with the command of Army Group-E, he was Loehr, which is directed to Commanding General and Commander in Serbia, he was Felber, whose Chief of Staff at that time was Geitner.
It is dated ss August 1943. The subject is "Levying of collective fines," and theres a reference to an inquiry from Felber to Loehr.
"I am unable to agree to your interpretation of the law. The Hague rules of land wargare clearly differentiate between collection government taxes (Article 48) levying of other taxes (Article 49) imposition of fines on the entire population (Article 50) and compulsory contributions which are not fines (Article 51). The limitation of Article 51 which states that contributions shall be collected only under a written order and on the responsibility of an independent Commanding General refers only to compulsory contributions in the sense of Articles 48 and 49 nor to the imposition of a fine in the sense of Article 50.
This legal interpretation also corresponds to the practical requirements. The revolts and unrest which are constantly flaring up in the Southeast area make it necessary for the local territorial office (Administrative Sub-area Headquarters or Town Headquarters) to be in a position, if necessary, to apply severest reprisal measures immediately. This also includes the imposition of fines on communities and associated communities.
Even if Article 51 should refer also to Articles 48 and 50 the requirement has been fulfilled by the Commanding General having transferred under a written order, the establishment of the penal contributions to the Commandant of Administrative Sub-area Headquarters. This does not affect the responsibility of the Commanding General toward his superior authority. Consequently, the prerequisites of Article 51 are fulfilled.
Anyway, if, in the course of combat actions, war contributions are imposed, Article 42 will be mostly a plied, i.e., Article 51 will not be applied because the combat zone is not occupied territory in the sense of Article 42.
I have no objections whatsoever against the decrees of 17 July 1941 and of 1 March 1943 issued by the Commanding General and Commander Serbia nor against the proposal of the Administrative Sub-area Headquarters.
(signed) in draft Loehr.
I propose at the close of the exhibit to read in some sections that have been referred to. However, I think it would be best, before commenting on it, that we pass on with one exception: I would like to direct the Court's attention to the use of the term "combat zone" here in the second last paragraph and it is submitted that evidence will be offered or ellicited at a later time as to the meaning of the term, "Combat zone" as opposed to the "Communication zone" or the "zone of interior." This is a standard military term which is employed both in the German army and in ours.
Then, the balance of the exhibit is just the last page which has the various entries on it which follow -- there is typed: "The Commander in Chief Southeast, Simultaneously charged etc.," and there is handwritten the diary entry number and the date appears to the right and it is stamped "Secret": and then there is the distribution list, and this is in August of 1943 and it's to be noted that there is a copy sent to the Commanding General and Commander South Greece who, it is submitted, at that time was the defendant Speidel.
Then there is the certification and an additional stamp with reference to the Commander of German Troops in Croatia, which appears on page 71, and then the notation is handwriting at the bottom of 71:
"Pursuant to the report to Chief of Staff, no written order to the Divisions will be issued. Agreement of the administrative Sub-area Headquarters Zagreb and Brod is the affair of the German Plenipotentiary General."
With the Court's permission, I should like to read into the record now the sections of the Hague Convention, which is the convention relative to the laws and customs of war on land, together with it's annex; and I have here a German for the interpreters. These are all short sections. There are some 14 of them and there are numerous references in the communication to sections under this heading; specifically 42, 48, 49,50 and 51.
Article 42 of Section III, which is part of the annex to the convention respecting the laws and customs of war on land, that annex as to the laws and customs of war on land, Hague Convention No. 4 of 18 October 1907; and, for the convenience of the Court, it is: 36 statutes 2277; Treaty Series No. 539; Malloy Treaties, Volume II, page 2269; and the German copy which the interpreters are reading from is taken from the German Library and this copy which I have here is War Department Technical Manual No. 27-251, 7 January 1947 and it is published by order of the Secretary of War, by G.C. Marshall, Chief of Staff, and bears the official designation by J.A. Ulio, Major General; and then "The Adjutant General" of the United States Army.
Article 42: "Territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation extends only to the territory where such authority has been established and can be exercised."
Article 43: "The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country."
Article 44: "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 defence."
Article 45; "It is forbidden to compel the inhabitants of occupied territory to swear allegiance to the hostile Power."
Article 46: "Family honour and rights, the lives of persons and private property, as well as religious convictions and practice, must be respected. Private property cannot be confiscated."
Article 47: "Pillage is formally forbidden."
Article 48: "If, in the territory occupied, the occupant collects the taxes, dues and tells 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 or the occupied territory to the same extent as the legitimate Government was so bound."