Art. 101. Improper Use of CountersignAny person subject to this chapter who intime of war discloses the parole or countersignto any person not entitled to receive it or whogives to another who is entitled to receive anduse the parole or countersign a different paroleor countersign from that which, to hisknowledge, he was authorized and required togive, shall be punished by death or such otherpunishment as a court-martial may direct.A countersign is a word designated by the principalheadquarters of a command to aid guards and sentinelsin their scrutiny of persons who apply to pass the lines.It consists of a secret challenge and a password. Aparole is a word used as a check on the countersign; it isimparted only to those who are entitled to inspectguards and to commanders of guards.Art. 102. Forcing a SafeguardAny person subject to this chapter forces asafeguard shall suffer death or such otherpunishment as a court-martial may direct.A safeguard is a detachment, guard, or detailposted by a commander. It protects persons, places, orproperty of the enemy or of a neutral affected by therelationship of the opposing forces in their prosecutionof war or during a state of conflict. The term alsoincludes a written order left by a commander with anenemy subject or posted upon enemy property for theprotection of the individual or property concerned. Theeffect of a safeguard is a pledge of honor by a nationthat its armed force will respect the person or propertyconcerned.Art. 103. Captured or Abandoned Property(a) All persons subject to this chapter willsecure all public property taken from theenemy for the service of the United States, andshall give notice and turn over to the properauthority without delay all captured orabandoned property in their possession,custody, or control.(b) Any person subject to this chapterwho—(1) fails to carry out the dutiesprescribed in subsection (a);(2) buys, sells, trades, or in any waydeals in or disposes of captured or abandonedproperty, whereby he receives or expects anyprofit, benefit, or advantage to himself oranother directly or indirectly connected withhimself; or(3) engages in looting or pillaging;shall be punished as a court-martial maydirect.Immediately upon its capture from the enemy,public property becomes the property of the UnitedStates. Persons subject to military law have animmediate duty to take those steps within their powerand functions to secure such property to the service ofthe United States. They then have the duty to protectthat property from destruction or loss.Art. 104. Aiding the EnemyAny person who—(1) aids, or attempts to aid, the enemywith arms, ammunition, supplies, money orother things; or(2) without proper authority, knowinglyharbors or protects or gives intelligence to, orcommunicates or corresponds with or holdsany intercourse with the enemy, either directlyor indirectly;shall suffer death or such other punishment as acourt-martial or military commission maydirect.This article applies to all persons whether or notthey are otherwise subject to military law. Enemydenotes citizens as well as members of militaryorganizations. All the citizens of hostile nations, aswell as their government, are our enemies.2-27Student Notes:
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