The laws, rights and duties of the war not only apply to the army, but also to the militias and the volunteer corps, with the following conditions:

1.

Have a person in charge responsible for his or her subordinates,

2.

Have a fixed and recognizable distinctive sign at a distance;

3.

Carry weapons openly, and

4.

To conform in their operations to the laws and customs of war.

In countries where the militias or corps of volunteers constitute the army or are part of it, they are included under the name of the army.

The population of an unoccupied territory which, in the approach of the enemy, spontaneously takes up arms to fight the invading troops without having had the time to organize under Article 1 shall be considered belligerent if it Respects the laws and customs of war.

The armed forces of the belligerent parties may consist of combatants and non-combatants. In case of capture by the enemy, both are entitled to the treatment of prisoners of war.

Prisoners of war were in power by the enemy Government, but not individuals or bodies that captured them.

They must be treated humanely.

Everything that belongs to them personally, except arms, horses and military papers, remains their property.

Prisoners of war may be subject to internment in any city, fortress, camp or locality, with an obligation not to depart beyond certain specified limits-but they can only be closed by measure Necessary security.

The State may employ, as workers, prisoners of war, according to their rank and ability. This work will not be excessive and will have no relation to the operations of the war.

Prisoners may be allowed to work on behalf of public administrations or individuals, or on their own account.

The work done for the State shall be paid according to the rates in force for the members of the national army performing the same work.

Where the work takes place on behalf of other public administrations or for individuals, the conditions are settled in agreement with the military authority.

The prisoners' salaries will help to soften their position, and the surplus will be counted at the time of their release, except defalcation of maintenance costs.

The Government of which the prisoners of war are located is responsible for their maintenance.

In the absence of a special agreement between the belligerents, prisoners of war will be treated, for food, sleeping and clothing, on the same footing as the troops of the Government who captured them.

Prisoners of war will be subject to the laws, regulations and orders in force in the army of the state in which they are located. Any act of insubordination allows, in their respect, the necessary measures of rigour.

Escaped prisoners who would be recaptured before they were able to join their army or before leaving the territory occupied by the army who captured them are subject to disciplinary penalties.

Prisoners who, after having managed to escape, are again taken prisoner are not liable to any punishment for the earlier flight.

Each prisoner of war is required to declare, if he is questioned about this, his true names and rank, and, in the event that he violates this rule, he would be subject to a restriction of the benefits accorded to the prisoners of war of his Category.

Prisoners of war may be released on parole, if the laws of their country permit them, and, in such cases, they are obliged, under the guarantee of their personal honour, to complete scrupulously, with regard to their own Government, vis-a-vis the one who took them prisoners, the commitments they would have entered into.

In the same case, their own Government is obliged to neither require nor accept any service contrary to the given word.

A prisoner of war cannot be forced to accept his freedom on parole; likewise, the enemy Government is not obliged to accede to the prisoner's request for his release on parole.

Any prisoner of war, released on the word and taken bearing arms against the Government to which he had committed himself or against his allies, shall lose the right to the treatment of prisoners of war and may be translated before Courts.

Individuals who follow an army without being directly involved, such as the correspondents and newspaper reporters, the smugglers, the suppliers, who fall into the hands of the enemy and who the latter considers useful to be entitled to The treatment of prisoners of war, provided that they are equipped with the legitimation of the military authority of the army they accompany.

It is constituted, from the outset of hostilities, in each of the belligerent states and, where appropriate, in the neutral countries that have gathered belligerents on their territory, a Bureau of Information on Prisoners of War. This office, which is responsible for responding to all the requests which concern them, receives all the necessary services from the various services to enable it to establish an individual record for each prisoner of war. It is kept informed of internments and transfers, as well as hospital admissions and deaths.

The Information Office is also responsible for collecting and centralizing all objects of personal use, values, letters, etc., which will be found on battlefields or abandoned by prisoners who have died in hospitals and Ambulances, and transmit them to the interested parties.

The relief societies for prisoners of war, regularly constituted according to the law of their country and whose objects are to be the intermediaries of the charitable activities, will receive, from the belligerents, for them and for their agents Duly accredited, any facility, within the limits laid down by military necessity and administrative rules, in order to carry out their task effectively. The delegates of these companies may be admitted to the distribution of relief in the internment depots, as well as to the staging areas of the repatriated prisoners, subject to personal permission issued by the military authority, and by taking A written undertaking to submit to any order and police action that it would prescribe.

The Information Offices enjoy the franchise. Letters, money orders and money, as well as parcels destined for or sent by prisoners of war, will be free of all postal taxes, both in countries of origin and destination and in countries Intermediaries.

Donations and relief in kind for prisoners of war will be admitted free of all entry and other rights, as well as transportation taxes on the railways operated by the state.

The prisoners' officers will be able to receive the supplement, if any, from the balance attributed to them in this situation by their country's regulations, which are reimbursed by their Government.

Any latitude is left to prisoners of war for the exercise of their religion, including assistance to the offices of their worship, on the sole condition that they comply with the law and order measures prescribed by the military authority.

Wills of prisoners of war were received or trained under the same conditions as for members of the national army.

The same rules will also be followed for documents relating to the recognition of deaths, as well as for the burial of prisoners of war, taking into account their rank and rank.

After the conclusion of the peace, the repatriation of prisoners of war will be carried out as soon as possible.

The obligations of the belligerents concerning the service of the sick and wounded are governed by the Geneva Convention of 22 August 1864. ¹ , except for changes that may be the object of the change.

The belligerents do not have an unlimited right to choose the means to harm the enemy.

In addition to the prohibitions established by special conventions, it is prohibited, in particular:

A.

Use poison or poisonous weapons;

B.

Kill or injure individuals belonging to the enemy nation or army by treason;

C.

To kill or injure an enemy who, having put down the weapons or who no longer has the means to defend themselves, has gone to discretion;

D.

Declare that there will be no neighbourhood;

E.

Use weapons, projectiles or materials to cause unnecessary harm;

F.

Improper use of the parliamentary flag, national flag or military insignia and uniform of the enemy, as well as distinctive signs of the Geneva Convention;

G.

Destroy or seize enemy properties, except in cases where such destruction or seizure would be imperiously ordered by the exigencies of war.

War tricks and the use of the means necessary to obtain information about the enemy and on the ground are considered lawful.

It is forbidden to attack or bomb towns, villages, houses or buildings that are not defended.

The commander of the attacking troops, before launching the bombing, and except the case of a fierce attack, will have to do all that depends on him to warn the authorities.

In the seats and bombardments, all necessary measures must be taken to save, as far as possible, the buildings devoted to cults, the arts, the sciences and charity, hospitals and the gathering places of sick people. And injured, provided they are not employed at the same time for military purposes.

The duty of the besieged is to designate these buildings or places of assembly by special visible signs that will be notified in advance to the besieging.

It is forbidden to carry out the plunder even of a town or town under attack.

A person who, acting clandestinely or under false pretexts, collects or seeks information in the area of the operations of a belligerent shall not be regarded as a spy, with the intention of communicating them to the party Adverse.

Thus, undisguised military personnel who entered the area of operations of the enemy army, for the purpose of collecting information, are not considered spies. Likewise, they are not considered spies: the military and the non-military, openly carrying out their mission, responsible for transmitting dispatches for either their own army or the enemy army. In this category also belong the individuals sent in balloon to transmit the dispatches and, in general, to maintain communications between the various parts of an army or territory.

The spy taken on the act cannot be punished without trial.

The spy who, having joined the army to which he belongs, is captured later by the enemy is treated as a prisoner of war and does not incur any responsibility for his previous acts of espionage.

The person authorized by one of the belligerents to enter into talks with the other and presenting themselves with the white flag is considered to be a member of parliament. He is entitled to inviolability, as well as the trumpet, trumpet or drum, the portedrapwater and the interpreter who would accompany him.

The Head to whom a Member is sent shall not be obliged to receive it in all circumstances.

He or she may take all necessary measures to prevent the parliamentarian from taking advantage of his or her mission to obtain information.

It has the right, in the event of abuse, to retain the parliamentarian temporarily,

The parliamentarian loses his rights of inviolability, if it is proved, in a positive and irrefutable way, that he has taken advantage of his privileged mission to provoke or commit an act of treason.

The capitulations agreed between the contracting parties must take account of the rules of military honour.

Once fixed, they must be scrupulously observed by both parties.

The armistice suspends the operations of war by mutual agreement of the warring parties. If the duration is not determined, the belligerent parties may resume operations at any time, provided, however, that the enemy is notified in a timely manner in accordance with the terms of the armistice.

Armistice can be general or local. The first suspends all the war operations of belligerent states; the second, only between certain fractions of the belligerent armies and within a fixed radius.

The Armistice must be notified officially and in good time to the competent authorities and the troops. Hostilities shall be suspended immediately following the notification or the fixed term.

It is up to the contracting parties to lay down, in the provisions of the Armistice, the reports which could take place, in the theatre of war, with the people and between them.

Any serious breach of the armistice, by one of the parties, gives the other the right to denounce it and even, in the event of an emergency, to resume hostilities immediately.

The violation of the Armistice clauses by individuals acting on their own initiative gives only the right to claim the punishment of the guilty parties and, where appropriate, compensation for the proven losses.

A territory is considered occupied when it is placed under the authority of the enemy army.

The occupation extends only to the territories in which that authority is established and able to exercise.

The authority of the legal authority having in fact passed in the hands of the occupant, the occupant shall take all the measures which depend on him in order to restore and to ensure, as far as possible, public order and public life, with the exception of hindrance The laws in force in the country.

It is forbidden to force the population of an occupied territory to take part in military operations against its own country.

It is forbidden to force the population of an occupied territory to swear an oath to the enemy's power.

The honour and the rights of the family, the life of individuals and private property, as well as religious convictions and the exercise of cults, must be respected.

Private property cannot be confiscated.

The looting is strictly forbidden.

If the occupant takes, in the occupied territory, the taxes, duties and tolls established for the benefit of the State, he shall do so, as far as possible, according to the rules of the base and the distribution in force, and the result will be the obligation of To provide for the costs of the administration of the occupied territory to the extent that the Government was obliged to do so.

If, apart from the taxes referred to in the preceding Article, the occupant shall make other contributions in money in the occupied territory, it shall only be for the purposes of the army or the administration of that territory.

No collective punishment, pecuniary or otherwise, may be imposed against the populations because of individual facts of which they could not be regarded as jointly and severally liable.

No contribution will be collected only under a written order and under the responsibility of a Chief General.

This perception will, as far as possible, be carried out according to the rules of the tax base and the distribution of taxes in force.

For any contribution, a receipt will be issued to taxpayers.

In-kind requisitions and services can only be claimed from municipalities or residents for the purposes of the occupation army. They will be in relation to the resources of the country and such that they do not imply for the people the obligation to take part in the operations of the war against their homeland.

These requisitions and services will be claimed only with the authorization of the commander in the occupied locality.

Benefits in kind will, as far as possible, be paid in cash; otherwise, they will be recognized by receipts.

The army occupying a territory will be able to seize only the cash, funds and values owing belonging to the State, the deposits of arms, means of transport, stores and supplies and, in general, any security property of The state of nature to be used in the operations of the war.

Railway equipment, land telegraphs, telephones, steamboats and other vessels, apart from cases governed by maritime law, as well as weapons depots and, in general, any kind of munitions of war, even Belonging to companies or private persons, are also means of nature to be used in the operations of the war, but will have to be returned, and the allowances will be settled for peace.

Railway equipment from neutral states, whether owned by these states or private companies or persons, will be returned as soon as possible.

The occupying State will only consider itself as administrator and usufructuary of public buildings, buildings, forests and agricultural holdings belonging to the enemy State and located in the occupied country. It shall safeguard the substance of these properties and administer them in accordance with the rules of usufruct.

The property of the communes, those of establishments dedicated to cults, charity and education, to the arts and sciences, even belonging to the State, will be treated as private property.

Any seizure, destruction or intentional degradation of such establishments, historic monuments, works of art and science is prohibited and must be continued.

The neutral state that receives troops from the belligerent armies on its territory will internalize them, as far as possible, far from the theatre of war.

They will be able to keep them in camps and even to lock them in fortresses or places suitable for this purpose.

He will decide whether the officers can be left free by taking the pledge not to leave the neutral territory without permission.

In the absence of a special convention, the neutral state will provide the internees with food, clothing and relief ordered by humanity.

Enhancement will be made, to peace, of the costs entailed by the internment.

The neutral state may allow the passage, on its territory, of the wounded or sick belonging to the belligerent armies, on the condition that the trains which will take them will not transport personnel or equipment of war. In such a case, the neutral state is required to take the necessary security and control measures to that effect.

The injured or sick brought under these conditions on neutral territory by one of the belligerents and who would belong to the opposing party shall be kept by the neutral state, so that they cannot take part in the operations of the War. The latter shall have the same duties as to the wounded or sick of the other army entrusted to him.

The Geneva Convention applies to sick and injured persons interned on neutral territory.