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393
trranslatioll.
EXTRACTS FROM INSTRUCTIONS FOR THE RUSSIAN ARMY
RESPECTING THE LAWS AND CUSTOMS OF WAR ON
LAND.'
I.-INSTRUCTIONS FOR OFFICERS.
(1) On the Qualifications of Belligerents.
1. In time of war the enemy's armies, militia, and volunteer corps are
regarded as belligerents.
2. Volunteer corps and militia, however, are recognised as belligerents
only when commanded by an officer who is responsible for his subordinates,
when they have a visible and clearly recognisable distinctive emblem,
carry arms openly, and conduct their operations in accordance with the
laws and customs of war.
3. The inhabitants of a hostile country may 2 also be regarded as belligerents, if they have taken up arms on the approach of our troops without
having had timeto organise themselves into corps of volunteers, provided
that they respect the laws and customs of war.
. (2) On the Qualifications of Neutrals.
4. Military ambulances and hospitals 3 are recognised to be neutral
(non-belligerent and taking no part in hostilities) only so long as sick
and wounded may be therein. Their neutrality ceases if they are defended
by a military force.
5. The transport used for the conveyance of wounded, and all persons
necessarily accompanying it, enjoy the rights of neutrality.
6. The benefit of neutrality is accorded to the following while engaged
in their duties: all persons comprising the staff of hospitals and ambulances, doctors, officials, attendants, those employed in the transport of
wounded, and military chaplains.
1 Thes.e instructions are issued apparently in order to carry out Article 1 of the
Hague" Convention with Respect to the Ls;ws and Oustoms of. War on Land," which
reads: "The High Contracting Powers. shall issue instructions to their armed land
forces which shall be in conformity with the 'Regulations Respecting the Laws and
Customs of War on Land,' annexed to the present Convention." (Translator.)
2 The Hague Regulations say" shall" (" sera" iu the French text).
(Translator.)
> The Russian text uses the words" lazareti " and" gospitali " where the English
and French versions of the Geneva Oonvention have" ambulances" and" hospitals."
"Lazaret," however, includes the two organisations known in the British Army as
" bearer companies" and" field hospitals." Where the Convention draws a distinction,
as regards liability to capture of equipment, between ambulances and hospitals, the
Russian text makes use of the expressions" field lazareti" and" travelling lazareti."
(Translatcr. )
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394
Instructions for the Rtlssian Army
7. The persons designated in Paragraph 6 may continue to fulfil their
duties in the hospitals and ambulances during our occupation of hostile
territory, or may withdraw to their own army. The arrangements for the
return of such persons will be made by the corps commander concerned;
they are to be delivered to the outposts of the enemy. As the equipment
of hospitals remain at the disposal of troops in occupation, persons attached
to these establishments cannot, in withdrawing, carry away any articles
but such as are their private property. The seizure of the equipment of
an ambulance belonging to the enemy is forbidden.
8. Military hospitals, ambulances, and transport for wounded must be
indicated by means of the Red Cross flag. Each member of the medical
and hospital staff of these organisations must have a white arm-badge
with a red cross.
(3) On the Rights and Duties of Belligerents.
9. Troops must respect the lives and honour of the inhabitants of the
enemy's.country, their. families, and rights of property, as well as their
religious convictions and ceremonies.
10. Possession may be taken of all movable property of a belligerent
State, which may be used for military purposes, such as cash, funds,
depots of arms and provisions, materials for bandaging, &c. Likewise
troops may take possession of railway plant, telegraphs, telephones,
steamers, and other ships, as well as dep6ts of warlike and other stores,!
even though belonging to companies or private individuals.
.
11. It is prohibited in military operations.
(a) To employ poison or poisoned arms with the object of causing
hurt to the enemy, and weapons, projectiles, and material
of a nature to cause superfluous injury.
(b) To declare· that no quarter will be given.
(0) To make improper use of a flag of truce, the national flag, the
military distinguishing marks, or the uniform of the enemy.
(d) To employ the Red Cross flag or arm-badge for the purpose
of deceiving the enemy.
(e) To destroy or seize the enemy's property, except (i.) undl'r
circumstances laid down in Paragraph 10, or (ii-) when
military exigencies render it imperative .
.(1) To attack or bombard a town, village, habitaticn, or building
not occupied by the enemy, nor by depots of material
necessary for the prosecution 2 of the war.
(g) To pillage a town or place even when taken by assault;
12. All pillage is forbidden under the penalty of death.
The words" and other" are not in the Hague RegulationR. (Translator.)
• The words" dep6ts of material necessary for the prosecution of the war" are npt
in the Hague Regulations. (Translator.)
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Instructions for the Russian Army
395
13. The seizure, destruction, or intentional damage of the property df
religious, charitable, and educational institutions, and of those of arts and
science, and of historical monuments, is prohibited.
14. The commander of an attacking force must take care to warn the
inhabitants of the intended bombardm~nt ~of a town or place, unless.
military exigencies (for instance, the necessity of surpr~se) render it
impossible for bim to do so.
15. In sieges and bombardments all possible means must be taken .to
spare churches, museums, educational and charitable institutions, hospitals,
places where the wounded are collected, &c., always provided that these
places are not used at the same time for military purposes. All such
buildings should be indicated by particular signs, which should previously
be notified to the assailants.
16: Any compulsion of the population of occupied territory to take
part in military operations against their own country, or any pressure on.
them to take the oath of allegiance to the hostile power, is prohibited.
17. Contributions (money taxes) can be collected only by the written
order of the Commander-in-Chief of the Army. For every payment a
receipt must be given.
18 .. Requisitions (compulsory supplies) in kind, or in service, can be
demanded from the inhabitants only by the authority of the Commanderin-Chief of the Army, or of the commander of a military district (commanding the troops in the district), or, in cases not admitting of delay,
by the authority of a corps or divisional commander.
19. Requisitions of service must not be of such a nature as to involve
the population in the obligation of taking part in military operations
against their own country.
20. Requisitions and services should, as far as possible, be paid for in
ready money; failing this, a receipt should be given (with the signature
and seal of the commander of the detachment).
(4) On the Wounded.
21. W ouuded and sick soldiers shall be entertained and taken care of,
to whatever army they may belong.
22. The exchange of wounded may be carried out by the commander
of an army, but only with the consent of both belligerents. The enemy's
sick and wounded left in our hands shall be sent back to their own
country if recognised, after recovery, as incapable of serving; the others
may be sent back on condition of not again bearing arms during the
continuance of the war.
23. Commanders of armies will notify to the inhabitants of the country
that they must afford all possible aid to the wounded of both sides; tbose·.
who have entertained and taken care of wounded shall be exempted from·
the quartering of troops, as well as from a part of the contributions of
war which may be imposed.
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396
Instructions Jar the Russ'ia,n Army
24, After a battle, commanding officers and higher authorities will
take measures to protect from robbery both those of our own and the
enemy's wounded who may still be on the field of battle. Persons found
guilty of robbing the wounded with violence will be dealt with as guilty
of brigandage.
(5) On Prisoners of War.
25. Both combatants and non-combatants are liable to capture; both
have the right to be treated as prisoners of war.
26. Newspaper correspondents, sutlers, contractors, &c., who fall into
the enemy's hands; and whom the latter think fit to detain, have the right
to be treated as prisoners of war, provided they can produce a certificate
from the military authorities of the army they were accompanying.
27. The reception, maintenance, and safe custody of prisoners, and
their further disposal, are the duties of the corp3 qommanders, and are
carried out under the direction of the chief of the staff of their corps.
28. Prisoners must be humanely treated and afforded every facility for
the exercise of their religion. They shall be treated as regards food and
mailltenance on the same footing, rank for rank, as the troops of the
Russian Army.
29. Every prisoner is bound to declare his true name and rank, and
if he disregards this rule he is liable to a curtailment of the advantages
granted to the prisoners of his class.
30, Prisoners of war are subject to the laws, regulations, and orders
in force of the army into whose hands they have fallen, and, in the event
of any act of insubordination, to such measures of severity as may be
necessary.
31. An officer in command of an armed party detailed as escort to
prisoners, is in the position of an officer commanding a post, and will act
in accordance with the RegulatiQns for Duties in Garrison (Articles
198-210).
32. The personal belongings of prisoners of war, except arms, horses,
and military papers, remain their property.
33. Prisoners who, after a successful escape, are again taken prisoners,
are not liable to any punishment, but will be subjected to a stricter
surveillance. l
34. Escaped prisoners, recaptured before they have succeeded in
rejoining their army, are liable only to disciplinary punishment.
35. The wills of prisoners of war will be drawn up and received for
record on the same conditions as those of soldiers in our service.
36. Should a prisoner of war die, a death certificate will be made out,
and at'the burial due regard must be paid to the grade and rank of the
deceased.
-
,
'The words" but will be subjected to a stricter surveillance" are not to be found
in the Hague Regulations. (Translator.)
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Inst'ractions for the Russian Army
397
(6) On Flags of Truce. ,
37. The bearer of a flag of truce (parlementaire).is an individual who
is authorised by one of the belligerents to enter into communication with
the other, and who comes with a white flag. The bearer of a flag of truce
has the right to inviolability, as have also (a) the trumpeter (bugler,
drummer), (b) the flag bearer, and (c) the interpreter, who accompany
him.
38. The commander to whom a bearer of a flag, of truce is sent is not
obliged ,to receive him under all circumstances.
39. He will take all measures necessary to prevent the bearer of a flag
of truc~ from taking advantage of his mi'3sion to obtain information~ In
case of abuse he has the right to detain the envoy temporarily.
40. The bearer of a flag of truce loses his rights to inviolability if it; is
proved that he has taken advantage of his privileged position to instigate
treachery.
41. The raising of a white flag by the enemy dllring an action does not
snspend the course of the fight, but the person .holding the flag, the
parlementaire, and those who accompany him, are not to be fired on.
When the parlementaire approaches our lines, he is to be directed to the
commander to whom he has been sent, or to the senior officer. The
fighting ceases only when the enemy's troops lay down their, arms and
fulfil the conditions prescribed'!
(7) On Spies.
42. Spies are persons who, acting cland~stinely or on false pretences,
seek to obtain, in the zone of operations of our forces, any kind of information with the intention of communicating it to the enemy.
43. Spies cannot be punished without previous trial.
44. The following are not 'considered spies : (1) Soldiers (not in disguise) who have penetrated into the zone
,
of operations of a hostile army to obtain information.
(2) Soldiers and civilians carrying out their mission openly,
charged with the delivery of despatches intended for their
own army or for that of the enemy.
(3) Individuals sent in balloons to maintain communication
between the various parts of an army or of a territory.
Ir.-INSTRUCTIONS FOR THE RANK AND FILE.
t
Thou figh~est with the enemy's forces and not with the peaceable
inhabitants. The inhabitants of a hostile count~y may also be enemies,
but6nly when they are seen by thee with weapons in their hands.
I In the war of 1877-78, during General Gourko's movement towards the Shipka,
our riflemen, seeing the white flag of 'truce of the Turks, stopped firing and began to
parley; the Turks, however, after some time, opened fire again without any warning.
(" Military Historical Records," Section n., part No. 4804, page 93.)
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398
Instl'uctiuns 101" the Russian Army
2. Kill the enemy in fair fight; do not kill unarmed men who ask for
quarter.
3, Respect the religion of others and their places of worship.
4. Do not insult peaceful inhabitants of an enemy's country, do not
damage or. steal their property, and prevent thy comrades from so doing.
Harshness towards the inhabitants only increases the number of our
enemies. Remember that a soldier fights for Christ and the Tsar, and
should, therefore, bear himself as a Christian warrior.
5, When a fight is over succour the wounded, and endeavour to the
utmost of thy power to help them irrespective of nationality,· The
wounded are in no sense to be regarded as thy enemies.
6. Prisoners must be humanely treated, their religion must be
respected, they must be protected from oppression and robbery.
7. For a soldier to rob prisoners is most disgraceful, and to rob the
killed and wounded is even more so. Those guilty of such offences are
liable to the same severe penalties as are decreed for highway robbery.
8. If thou shouldstbe placed in charge of prisoners, protect them from
annoyance by strangers. Should a prisoner try to escape, prevent him,
and call for aid; as a last resource use thy weapons.
9. Tents and houses where sick and wounded lie have always a white
flag with a red cross; do not fire at or break into these places.
10. Do not harm persons, even though in the uniform of the enemy,
who wear a white badge with a red cross on their arm; they tend the
sick and wounded, and restore them to healtb.
11. If thou seest an enemy with a white flag, do not fire on him, but
direct him to an officer; he is the bearer of a flag of truce, a person who
must not be harmed.
•
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Extracts from Instructions for
the Russian Army Respecting
the Laws and Customs of War
on Land
J R Army Med Corps 1905 4: 393-398
doi: 10.1136/jramc-04-03-19
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