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Bluntschli, Johann Caspar: Das moderne Völkerrecht der civilisirten Staten. Nördlingen, 1868.

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Anhang.
faith concerning engagements concluded with the enemy during the
war, but also the breaking of stipulations solemnly contracted by
the belligerents in time of peace, and avowedly intended to remain
in force in case of war between the contracting powers.

It disclaims all extortions and other transactions for individual
gain; all acts of private revenge, or connivance at such acts.

Offences to the contrary shall be severely punished, and espe-
cially so if committed by officers.

12.

Whenever feasible, Martial Law is carried out in cases of in-
dividual offenders by Military Courts; but sentences of death shall
be executed only with the approval of the chief executive, provided
the urgency of the case does not require a speedier execution, and
then only with the approval of the chief commander.

13.

Military jurisdiction is of two kinds: first, that which is con-
ferred and defined by statute; second, that which is derived from
the common law of war. Military offences under the statute law
must be tried in the manner therein directed; but military offences
which do not come within the statute must be tried and punished
under the common law of war. The character of the courts which
exercise these jurisdictions depends upon the local laws of each
particular country.

In the armies of the United States the first is exercised by
courtsmartial; while cases which do not come within the "Rules
and Articles of War", or the jurisdiction conferred by statute on
courts-martial, are tried by military commissions.

14.

Military necessity, as understood by modern civilized nations,
consists in the necessity of those measures which are indispensable
for securing the ends of the war, and which are lawful according
to the modern law and usages of war.

Anhang.
faith concerning engagements concluded with the enemy during the
war, but also the breaking of stipulations solemnly contracted by
the belligerents in time of peace, and avowedly intended to remain
in force in case of war between the contracting powers.

It disclaims all extortions and other transactions for individual
gain; all acts of private revenge, or connivance at such acts.

Offences to the contrary shall be severely punished, and espe-
cially so if committed by officers.

12.

Whenever feasible, Martial Law is carried out in cases of in-
dividual offenders by Military Courts; but sentences of death shall
be executed only with the approval of the chief executive, provided
the urgency of the case does not require a speedier execution, and
then only with the approval of the chief commander.

13.

Military jurisdiction is of two kinds: first, that which is con-
ferred and defined by statute; second, that which is derived from
the common law of war. Military offences under the statute law
must be tried in the manner therein directed; but military offences
which do not come within the statute must be tried and punished
under the common law of war. The character of the courts which
exercise these jurisdictions depends upon the local laws of each
particular country.

In the armies of the United States the first is exercised by
courtsmartial; while cases which do not come within the „Rules
and Articles of War“, or the jurisdiction conferred by statute on
courts-martial, are tried by military commissions.

14.

Military necessity, as understood by modern civilized nations,
consists in the necessity of those measures which are indispensable
for securing the ends of the war, and which are lawful according
to the modern law and usages of war.

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[472/0494] Anhang. faith concerning engagements concluded with the enemy during the war, but also the breaking of stipulations solemnly contracted by the belligerents in time of peace, and avowedly intended to remain in force in case of war between the contracting powers. It disclaims all extortions and other transactions for individual gain; all acts of private revenge, or connivance at such acts. Offences to the contrary shall be severely punished, and espe- cially so if committed by officers. 12. Whenever feasible, Martial Law is carried out in cases of in- dividual offenders by Military Courts; but sentences of death shall be executed only with the approval of the chief executive, provided the urgency of the case does not require a speedier execution, and then only with the approval of the chief commander. 13. Military jurisdiction is of two kinds: first, that which is con- ferred and defined by statute; second, that which is derived from the common law of war. Military offences under the statute law must be tried in the manner therein directed; but military offences which do not come within the statute must be tried and punished under the common law of war. The character of the courts which exercise these jurisdictions depends upon the local laws of each particular country. In the armies of the United States the first is exercised by courtsmartial; while cases which do not come within the „Rules and Articles of War“, or the jurisdiction conferred by statute on courts-martial, are tried by military commissions. 14. Military necessity, as understood by modern civilized nations, consists in the necessity of those measures which are indispensable for securing the ends of the war, and which are lawful according to the modern law and usages of war.

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URL zu diesem Werk: https://www.deutschestextarchiv.de/bluntschli_voelkerrecht_1868
URL zu dieser Seite: https://www.deutschestextarchiv.de/bluntschli_voelkerrecht_1868/494
Zitationshilfe: Bluntschli, Johann Caspar: Das moderne Völkerrecht der civilisirten Staten. Nördlingen, 1868, S. 472. In: Deutsches Textarchiv <https://www.deutschestextarchiv.de/bluntschli_voelkerrecht_1868/494>, abgerufen am 22.12.2024.