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

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Anhang.
3.

Martial Law in a hostile country consists in the suspension,
by the occupying military authority, of the criminal and civil law,
and of the domestic administration and government in the occupied
place or territory, and in the substitution of military rule and force
for the same, as well as in the dictation of general laws, as far as
military necessity requires this suspension, substitution, or dictation.

The commander of the forces may proclaim that the admini-
stration of all civil and penal law shall continue, either wholly or
in part, as in times of peace, unless otherwise ordered by the mili-
tary authority.

4.

Martial Law is simply military authority exercised in accor-
dance with the laws and usages of war. Military oppresion is not
Martial Law; it is the abuse of the power which that law confers.
As Martial Law is executed by military force, it is incumbent upon
those who administer it to be strictly guided by the principles of
justice, honor, and humanity -- virtues adorning a soldier even
more than other men, for the very reason that he possesses the
power of his arms against the unarmed.

5.

Martial Law should be less stringent in places and countries
fully occupied and fairly conquered. Much greater severity may be
exercised in places or regions where actual hostilities exist, or are
expected and must be prepared for. Its most complete sway is
allowed -- even in the commander's own country -- when face to
face with the enemy, because of the absolute necessities of the
case, and of the paramount duty to defend the country against
invasion.

To save the country is paramount to all other considerations.

6.

6. All civil and penal law shall continue to take its usual
course in the enemy's places and territories under Martial Law,

Anhang.
3.

Martial Law in a hostile country consists in the suspension,
by the occupying military authority, of the criminal and civil law,
and of the domestic administration and government in the occupied
place or territory, and in the substitution of military rule and force
for the same, as well as in the dictation of general laws, as far as
military necessity requires this suspension, substitution, or dictation.

The commander of the forces may proclaim that the admini-
stration of all civil and penal law shall continue, either wholly or
in part, as in times of peace, unless otherwise ordered by the mili-
tary authority.

4.

Martial Law is simply military authority exercised in accor-
dance with the laws and usages of war. Military oppresion is not
Martial Law; it is the abuse of the power which that law confers.
As Martial Law is executed by military force, it is incumbent upon
those who administer it to be strictly guided by the principles of
justice, honor, and humanity — virtues adorning a soldier even
more than other men, for the very reason that he possesses the
power of his arms against the unarmed.

5.

Martial Law should be less stringent in places and countries
fully occupied and fairly conquered. Much greater severity may be
exercised in places or regions where actual hostilities exist, or are
expected and must be prepared for. Its most complete sway is
allowed — even in the commander’s own country — when face to
face with the enemy, because of the absolute necessities of the
case, and of the paramount duty to defend the country against
invasion.

To save the country is paramount to all other considerations.

6.

6. All civil and penal law shall continue to take its usual
course in the enemy’s places and territories under Martial Law,

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As Martial Law is executed by military force, it is incumbent upon<lb/>
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[470/0492] Anhang. 3. Martial Law in a hostile country consists in the suspension, by the occupying military authority, of the criminal and civil law, and of the domestic administration and government in the occupied place or territory, and in the substitution of military rule and force for the same, as well as in the dictation of general laws, as far as military necessity requires this suspension, substitution, or dictation. The commander of the forces may proclaim that the admini- stration of all civil and penal law shall continue, either wholly or in part, as in times of peace, unless otherwise ordered by the mili- tary authority. 4. Martial Law is simply military authority exercised in accor- dance with the laws and usages of war. Military oppresion is not Martial Law; it is the abuse of the power which that law confers. As Martial Law is executed by military force, it is incumbent upon those who administer it to be strictly guided by the principles of justice, honor, and humanity — virtues adorning a soldier even more than other men, for the very reason that he possesses the power of his arms against the unarmed. 5. Martial Law should be less stringent in places and countries fully occupied and fairly conquered. Much greater severity may be exercised in places or regions where actual hostilities exist, or are expected and must be prepared for. Its most complete sway is allowed — even in the commander’s own country — when face to face with the enemy, because of the absolute necessities of the case, and of the paramount duty to defend the country against invasion. To save the country is paramount to all other considerations. 6. 6. All civil and penal law shall continue to take its usual course in the enemy’s places and territories under Martial Law,

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URL zu diesem Werk: http://www.deutschestextarchiv.de/bluntschli_voelkerrecht_1868
URL zu dieser Seite: http://www.deutschestextarchiv.de/bluntschli_voelkerrecht_1868/492
Zitationshilfe: Bluntschli, Johann Caspar: Das moderne Völkerrecht der civilisirten Staten. Nördlingen, 1868, S. 470. In: Deutsches Textarchiv <http://www.deutschestextarchiv.de/bluntschli_voelkerrecht_1868/492>, abgerufen am 23.02.2019.