Art. 101. Improper Use of Countersign
Any person subject to this chapter who in
time of war discloses the parole or countersign
to any person not entitled to receive it or who
gives to another who is entitled to receive and
use the parole or countersign a different parole
or countersign from that which, to his
knowledge, he was authorized and required to
give, shall be punished by death or such other
punishment as a court-martial may direct.
A countersign is a word designated by the principal
headquarters of a command to aid guards and sentinels
in their scrutiny of persons who apply to pass the lines. It
consists of a secret challenge and a password. A parole
is a word used as a check on the countersign; it is
imparted only to those who are entitled to inspect guards
and to commanders of guards.
Art. 102. Forcing a Safeguard
Any person subject to this chapter forces a
safeguard shall suffer death or such other
punishment as a court-martial may direct.
A safeguard is a detachment, guard, or detail posted
by a commander. It protects persons, places, or property
of the enemy or of a neutral affected by the relationship
of the opposing forces in their prosecution of war or
during a state of conflict. The term also includes a
written order left by a commander with an enemy
subject or posted upon enemy property for the
protection of the individual or property concerned. The
effect of a safeguard is a pledge of honor by a nation that
its armed force will respect the person or property
concerned.
Art. 103. Captured or Abandoned Property
(a) All persons subject to this chapter will
secure all public property taken from the enemy
for the service of the United States, and shall
give notice and turn over to the proper authority
without delay all captured or abandoned
property in their possession, custody, or
control.
(b) Any person subject to this chapter
who—
(1) fails to carry out the duties
prescribed in subsection (a);
(2)buys, sells, trades, or in any way
deals in or disposes of captured or abandoned
property, whereby he receives or expects any
profit, benefit, or advantage to himself or
another directly or indirectly connected with
himself; or
(3) engages in looting or pillaging;
shall be punished as a court-martial may
direct.
Immediately upon its capture from the enemy,
public property becomes the property of the United
States. Persons subject to military law have an
immediate duty to take those steps within their power
and functions to secure such property to the service of
the United States. They then have the duty to protect that
property from destruction or loss.
Art. 104. Aiding the Enemy
Any person who—
(1) aids, or attempts to aid, the enemy with
arms, ammunition, supplies, money or other
things; or
(2) without proper authority, knowingly
harbors or protects or gives intelligence to, or
communicates or corresponds with or holds
any intercourse with the enemy, either directly
or indirectly;
shall suffer death or such other punishment as a
court-martial or military commission may
direct.
This article applies to all persons whether or not
they are otherwise subject to military law. Enemy
denotes citizens as well as members of military
organizations. All the citizens of hostile nations, as well
as their government, are our enemies.
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