Birkhimer's Book


Excerpt(s) from the third edition (1914)

---   p. 69   ---


The law of war prevails in occupied territory

As remarked upon one occasion by the Supreme Court of the United States: What is the law which governs an army invading an enemy's country? It is not the civil law of the invaded country; it is not the civil law of the conquering country; it is military law, the law of war, and its supremacy for the protection of the officers and soldiers of the army when in service in the field in the enemy's country is as essential to the efficiency of the army as the supremacy of the civil law at home, and, in time of peace, is essential to the preservation of liberty.[Dow v. Johnson, 100 US 158 (1879)] "In the event of military occupation," said Maine, "the authority of the regular government is supplanted by that of the invading army. The rule imposed by the invader is the law of war. It may in its character be either civil or military, or partly one and partly the other. The rule of military occupation has relation only to the inhabitants of the invaded country."













REFERENCE
Military Government and Martial Law

by William E. Birkhimer

Kansas City, Missouri, Franklin Hudson Publishing Co.
third edition, revised (1914)

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