Military government and civil affairs

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Army“and Nuvy E-Manud of MILITARY GOVERNMENT AND CIVIL AFFAIRS
,’ 22 December, 1943
i”’
22 December 1943.
This manual, War Department Field Manual 27-5 and Navy Department OpNav 50E-3, supersedes War Department Field Manual 27-5, 30 July 1940. .
G.    C. MARSHALL, E. J. KING,
Chief of Stafl, U. S. Army. Commander in Chief,

U. S. Fleet, and Chief of Naval Ofierations.
OFFICIAL:
J. A. ULIO, By: W. S. FARBER,
Major General, Rear Admiral,
Th,i” ‘b*r dent Gelaeral. Sub Chief of Naval Operations.

Table of Contents

XCCiiO,~ Pa?Y7Qw$lk    PtrYc
I.    GENERAL.
1: Definitions:    Military Government, Occupied Territory, and Civil Affairs ___- -_- __-____ --_ 1
2.
   Military Contra1 by Agreement or Convention-2

3.
   Occasion for Military Govcrnmcnt as a Right or Obligation in Enemy, Allied, Neutral, and Domestic Territories ___-__ -_____ - _________

4.
   Object of Control of Civilian Populations---,,

5.
   Degree of Control---------------_-_-_____

6.
   Period of Control ____________ - _.__--_ --__-

7.
   Authority for Control _____________________

8.
   Exercise of Control a Command Responsibility,

9.
   General Principles and Policies in Conduct of Civil Affairs---_____ - _______-____________

a.
   Military Necessity...---,-------__.---

b.
   Supremacy of Commanding Of&r---,*

c.
   Civil ht%nirs Jurisdiction _____.__ --___

d.
   Economy of Personnel _--___ -__-_____

e.
   Plcxibility _____ --ll_-_l__._-l._---l__

f.
   Continuity of Policy------____._. I_.-__

g.
   Trcntrnent of Population l____l_____l

1)    Must bc just and rcasonnblc-(2)    Will vary with conditions---, (a)
   Hostile or nonhostile populations -_ll-_l-___

(b)
   Hostngcs and reprisals to bc avoided _--_ - ___-_-_

(c)
   USC of farce against crime, violators cnti tlcd to trial ____-_I_-__._.__..._

( h.
   Retention of Bsisting Laws, Customs, and Political Subdivisions -----------

i.
   Retention of Local Govcrnmcnt Dcpartmcnts and Oficials, ___.-__-_.--______

(1)
   Abolition of unnccessnry govcrr1111cnt ofices -I-^_ --,” ---_

(2)
   Suspension Of Icgislativc bodir?)l---------l-----_--

Ill

1, GENERAL-Continued. CJ, ~~~~~~~ principles and Policies hl ~OrldUct of Civil Affairs-Continued.
is Retention of Loc>ll GC~VC~~IllllC!Ilt DallZrt”
mcnts and Oificials---Continued.
(3)
   Removal of high r:~nkilW officials ______ --___-_---...--

(4)
   Retention of subordinntc! Officials _______ -___-_..----.-

(5)
   ‘rraining of inhnbitnrlts ior loen governmclnt------.---.-.

(6)
   Control of inhnbitants throUgh their own off&& _____.----

(7)
   Exclusion of local oficinis and orga.nizntions from any part in policy formation ___-_--.---

(8)
   Civil affairs oirccrs to SupC~vise, not operate ___cl-l _-_-

(9)
   Protection for local ofliciids-

(10)
   Relations of civil a&&s officers with officials and orgnni- zntions _____ --_______ -____

j.
   Treatment of Political Pdsoncrs------

k.
   Economics---_____------__-__----~I_

(1)
   Immediate need for cquhnble distribution of dnily ncccssit&--____ - _____ - __-__lll

(2)
   Need for checking ccononlic pIans after occupntion-----

(3)
   steps necessary far rapid executiofi of economic plnnal

1.    Health----______I_ -_-_-_______--1
m.
Respect    for Religious Customs and Organizations _____-__.______ ---_-.II

n.
   Annulment of Discriminatory LWS--.-.

o.
   Freedom of Speech and Press __-__,_. I.__

p.
   Preservation of Archives and Records-....

q.
   Mail and Documents-----_-______...

r.
   Preservation of Shrines and Art _-__-_,,.

11. CIVIL    AFFAIRS RESPONSIBILITIES. lo. Army-Navy Division of Responsibility__--___
11.
Conditions    Likely to be Met itI Occupied ~~rh-ics ---_--. --_-_-_-____________

12.
Functions    of Civil Affairs Oacers to ~<:~>,t These Conditions-----_________-__ L ____... ,I

a.    Political and Administrntivr --_.,, . .._-_.
W

9 9 9 10
III
10
10
::

13
14.
15 15
II. CIVIL AlFAIRS RESPONSIBILITIES-Con, 12. Punctions of Civil Affairs Oficers io Meet
These Conditions-Continued,
b. Mnintcnnnce OF Law and Order-----... 15
C. Supervision of Military and Civil
Courts - _____ -___- 16
d. Civilian Defcnsc - ___r_l__ 16
e. Civilian Supply __-.______ -__ 16
f. Public Hcnlth and Snnitntion------
g, C:cnsorshipl---__--___ :;
11. C~onrlnlnnicntions-.. _______________ 17
i. T~~tlSpOfti~tiO~l -_-_____________-_ 17
j. Port Duties _-__-_ -
k. Public Utilities ________- _____ --__ :::
1. Money and Bnnlh~g--l _--_ - ____ --_ 18
m. Public Finnncc - _________ 18
n. Commodity Control, Prices, and
Rationing _________-___________ 18
” 0. Agriculture _---_-----_----_______ 18
p. Industry and Mnnufacturc---____--- 18
q, Commcrcc and Tmclc---
1’. L&or ...----.“ll-l---____ - --_____ -_ :8”
s. Custody and Adnhistrntion of Prop-
CITY ----------_---I__cI-------- 19
t. Inforn~ation __-__ -__-- __-________ 19
u. Disposition, or Relocation of Displaced
Persons and Enemy Nntiotuh----- 19
v. Education --_______-___ - _-_____- 19
. w. Public Wclfarc.. _______I__ -_-_-__ 20
x. Records ____.--____I_ - _LI__________ 20
y. Misc~lhncous r ._.__ -__ 20
III. ORGANIZATION OP MILITARY GQVERN
MENT.
13. Gcncral Chntrol for the Army and for the
Navy, Plnnning and Policic:s--__.___I______ 22
a. Undnr Joint Chiefs of St& for Joint
Milihry Govermnrnt _,_ll_l___l__ -__ 22
b. Under Corubiucd Chiefs of Staff for
Conhincd Military Govr!rnnlent_---, 22
14,. Plnnning xncl Poni~ulntion of Policy Within
the War nnd Navy Dcl,nrt!Hcllts---~.-.--..I,,, 23
n. J’hc! Civil hRilil*S Divisiuil in the Of-
Act of the Chief of Stnn’, War Dcpnrt
mcnt --“_ ._..-____ _.-““l -__-_ -_-I._-I_ 29
b. The Oflicc! for Chxxpitrd Arcas, Un+r
the Vicr Chic~f of Naval Opixxtiona,
Navy Drpnrt~ncnt __I_ ai v.__...____..__- 23
V

MENT-Continued.
15.    Theater Commander’s Responsibility for Final

and Detailed Planning and Operation of

Military Government Under General Direc-

tives from Higher Authority -I_-__-_ L-- ___- 23

16.    Types of Civil Affairs Organizarion----,____ 24

a.    Operational -------------_________
b.    Territorial----L 5:
17.    Advantages and Disadvantages of JZach Type- 24

18.    Organization of Military Government in Com-

bat Areas-----------------------------_ 27

19.    Organization of Military Government in Rear

Areas--------------------------------- 28

20.    Organization of Military Government Within

a Task Force--_-___ -______ -___-___ 30

21.    Theater of Operations----- __l_____l______ 30

a, During the Campaign ---__-_ -__-__ 30

b. After Cessation of Hostilities 30

22.    Civil Affairs Staff Sections -__-__ 31

a.    Civil Affairs Staff Sections Created bi

Theater Commander----- 31

b.    Duties of Chief of Civil Affairs Staff
Section ...c-.-----------_---
23.    Organization of Civil Affairs Section------- 3”;
a.    Magnitude and Character of Duties
_    will Vary from One Territory to

Another -----_---____---_________ 32

b.    Internal Organization to Perform

Duties will Include Provision for---- 32

(1)    Administrative officers---- ‘17
(2)    Functional officers 35 ”
(3)    Civil affairs officers from

other services in joint mili-

tary government-__-_____ 33

(4)    Civil affairs officers from

other nations in combined

military government 34,

24.    Civil Affairs Chain of Command ,34
25.    Personnel of Civil Affairs Group ______-____f 34.
a, Number,    Rank, and Specialization of

Personnel in Various Areas _________ 34

b.    Categories of Personnel Required--- 34

Xcotiotb
III.    ORGANIZATION OF MILITARY GOVERNMENT-Continued,
26.    Occupational Military Police, Marines, and Shore Patrol-___-________ -_-_____ -_-____
a.
   Provision, Organization and Equipment Similar to Those of Rear Area Military Police Units-----______ --_

b.
   Assignment and Command-.---_____

c.
   Authority to Make Arwsts ____ -___-

IV.    PERSONNEL.
27. Planning and Procuremqnt of Personnel----,
a.
   Theater Commander’s Responsibility for Estimates of Requirements and Requisitions for Civil Affairs Pcrsonnel----------------------------

b.
   Assignment of Civil Affairs OfIicers by Echelons-____-__ - ___I_L__ ----_

28.    Types and Qualifications of Civil Affairs Personncl_-_-------I_I------_-____-___
a.
   General Types and Qualifications---

b.
   Qualifications of Chief or Deputy of Large Staff Section or Field Grdup--

c.
   Qualifications of Chiefs of Small Sec

tions and Field Groups, and Executive Oficbrs ___-______ -___---_-_-___...
d.
   Qualifications of Staff Assistants-.---

e.
   Qualifications of Administrative Services Personnel----______ - __-___ --

f.
   Qualifications of Functional Oficcrs-

29.    Training l___l_______ L- _____-.______.___ -
a.. Training    in the United Stntrs of Administrative and Specialist Pcrsomwl in Schools of Military Govcrnmcnt of the Army and Navy-Occupational Police r_lll____l_______l_l_----- --._
b.    Further Training Conducted in Theater as Function of Commnnd-...-..
V.    PLANNING.
30.
   Gcncral Planning for Control of Civil Afl$irs in Occupied Areas a Responsibility of Commnndcrs Assigned to the Planning of Military Qpcrations--____--_--____ - _____II-_

31.
   Sources of Information for Planning _._l.__-l-

PUf/O
35
35

36
37
37

37
38
38 38
38
38 39
39 39 39
3 9
39
4.0 40

V. PLANNING--Continued.

32, Responsibility for Plans __________ -____ -__- - 42

a.    War and Navy Departments Respon
sible for Integration of Plans Under
Joint Chiefs of Staff and for Liaison
with Federal Civilian Agencies----- 42
b.    In Theater of Operations Each Officer
Charged with Civil Affairs Control
Responsible for Planning for his Area
in Accordance with Directives, from
his Commander-----___---__ 42
33. Form of Civil Affairs Orders-------------- 42
a.    Of Theater and Task Force Com
manders ---------__--____-_----- 42
b.    Of Military Administrative Area Com
manders------------------------ 4.3
C. Of Operational Unit Commanders-- 43
d.    Of Chief Civil Affairs Officers------ 43
e. Distribution of Civil Affairs Orders-- 43
34.    Content of Civil Affairs Orders----------- 4.3
a.    General --_-----_--_--__-------- 43
b.    Detail-----------------__ 43
VI.    PROCLAMATIONS, ORDERS, ORDINANCES,
AND INSTRUCTIONS.
35.    Initial Proclamation-----------~--~-----~. 45
a.    Preparation in Advance------ 45
b.    Form, Character, and Language---- 45
c.    Contents __- ___- ____ ---___-___ 46
d. Publication -_------------------__ 4 7
3G. Further Proclamations and Ordinances--...-- 48
a. .Issuance-------------------------      4,S
b. Form, Character, and Language 48
c. Contents ------------------______ 48
d. Delegation of Authority 49
e. Publication -----_-____ -- 49
37. Orders and Instructions______-___________ 49
VII.    MILITARY COMMISSIONS, PROVO ST
COURTS, AND CLAIMS.
38. Theater Commander Establishes All------- 50
39, Types -----------___-____ -_-_ 50
a, Customary-Military Commissions for
Serious Cases and Provost Courts for
Minor Cases------ 50
b. Special for Trial of Juveniles, Traflic
Cases, and Other --_-____ - ___- ---__ 51
40.    Composition of Commissions, Customary and
Special    Courts - _______________-____ 51
VIII

a

tYecliotb Pwq71'apR
VII.       MILITARY COMMISSIONS, PROVOST
COURTS, AND CLAIMS-Continued.

4.1. Appointing Alltllorities-__-_--_------L ____ 4a2.Jurisdiction of Commissions and Courts-----
a.
   Gencml __-__-____ --_______ --____

b.
Over Persons --------_----__ -----

C.
   Over Offenses Directly Affecting Military Govclnment-----------------

d.
   Over Offenses Against Local Criminal Laws --------------------1______

e.
   Over Civil Casts __________________

43. Bail n Matter of Discretion--------------
4.4,.Procedure---------_-------------------General-Uniformity, Rules of Evidence, Witnesses ________I -_------Commissions--Follow General Courts Martial -__---___-___-___________ Provost Courts-Follow S u m m a r y Courts Martial _____ -____ -----____ Specinl Courts ____--_.-______ --____ Trials-Necessity for Dispntch------Counsel-Accused Allowed to Rctnin Counsel _-____________ -__----___Witnesses-Attcndancc Compelled--Interpreters and Language--------Court Reporters _________ - ______ -_ Previous Convictions of Accused-----
45. Scntcnccs and Penalties by Commissions and
Courts --------------------------------4,6. Records, Type for Commissions nnd Courts--
47. Review Provided to Correct‘ Injustices------,
4.8. Clnims Commissions----____ -_--_-_------_
a.
   General Appointed by Theater Commandcr _--___--- _-______________

b.
   Investigntion &tics __--_ _--__-,-__ I._

c.
   Scttlcmcnt of Glnims-Army Proccclurc _--l_------_-_--l--------

d.
   Scttkmcnt of Claims-Navy Pro

cedurc _I_._,__...______._I_l_l__l -_-_ INDEX _I.__ - _I_____ --_------_--_______--_---1111--~.--
PUQ@
52
53
53
53

53

53
53
54
54

54

55

55
55
55

55
55
55

r is
56
57
58
58

58
59

59

GO
62

Intentionally Left Blank
This mnnual supersedes FM 27-5, 30 July 1940, including Change No. 1, 22 December 1942.
SECTION I
GENERAL
1. MILITARY GOVERNMENT-CIVIL AFFAIRS.
,    a. Military Government. The term “military government” is used in this manual to describe the supreme authority exercised by an armed force over the larids, property, and the inhabitants of enemy territory, or allied or domestic territory recovered from enemy occupation, or from rebels treated as belligerents. It is exercised when an armed force has occupied such territory, whether by force or by agreement, and has substituted its authority for that of the sovereign or a previous government. Sovereignty is not transferred by reason of occupation, but the right of control passes to the occupying force, limited only by inter- national law and custom. The theater commander bears full responsibility for military government. He iy, thcrefor?, usually designated as military governor, but may delegate both his authority and title to a subordinate commander.
b.
Occupied Territory. The term “occupied territory” is used to mean any area in which military government is cxerciscd by an armed force. It does not include territory in which an armed force is located but has not assumed supreme authority.

c.
Civil Affairs. The term “civil aflairs” is used to describe the activities of the government of the occupied area and of the inhabitants of sucl~ an arca cxccpt those of an organized military character. “Civil affairs control” describes the supervision of the activities of civilians by an armed force, by military government, or otherwise. The term “civil affairs oflkers” designates the military officers, who, under the military govcmor, are engngcd in the control of civilians.

1
2.
MILITARY CONTROL BY AGREEM.ENT OR CON. VENTION. An armed fo?ce may exercik control over civilians to a lesser degree than under military government through grant of, or agreement with, the recognized govcrnment of the territory in which the force is located, usually made prior to entering the territory, but subject to modification by the government and the military commander as circumstances require. In such casts military necessity has not required the assumption of supreme authority by the armed forces, but limited control over civilians is exercised in accord with these grants, or agreemcnts and the territory is not considered reoccupied.” While this manual is primarily intended as a guide to military government, some of the principles set forth may be applied in these other situations as circumstances indicate.

3.
OCCASION FOR MILITARY GOVERNMENT. Military government must be established either by reason of military ‘necessity as a right under international law, or as an obligation under international law. In this connection, attention should be given to the following considerations:

a.
Military necessity may require an armed force to establish military govcrnmcnt to assist in the accomplishment’ of its military objective. The right in such cases is rccognizcd by international law.

b.
As the military occupatibn of enemy territory suspends the operation 01 the enemy’s civil government, it is an obligation under international law for the occupying force to exorcise the functions of civil government in the restoration and maintcnancc of public order. Military govcmment is the organization which eserciscs these functions. An armed force in territory other than that of an enemy likewise has the duty of establishing military government when the government thereof is absent or unable to maintain order,

c.
These reasons, concurrently as well as singly, may dictate the establishment of military govcrnmcnt.

d.
Military govcrnmcnt is not confined to belligerent occupation. Military necessity may require its establish

ment in such4 areas as the following, with or without the
consent of the existing or a prior government:

(1)
Allied or neutral territory which has been dominntcd or occupied by the enemy.

(2)
Technically neutral or allied territory actually un,friendly or hostile.

(3 ) Genuinely allied or neutral territory, the occupation of which is essential to a military operation.
(4) Domestic territory recovered from enemy OCCURtion or from rebels treated as belligcrcnts.
4.
OBJECT OF CONTROL. The object of civil nfI’airs control through military government is to assist military operations, to further national politics, and to fulfill the obligation of the occupying forces under intcrnntional law. This assistance is rendered by maintaining order, promoting security of ‘the occupying forces, prcvcnting intcrfcrcnce with military operations, reducing active or passive snbotage, relieving combat troops of civil administration, and mobilizing local resources in aid of military objectives and carrying out governmental policies of the ZJnitccl States which usually arc predetermined. Furlhcr, the cficicnt conduct of a military govcrnmcnt as a part of one militxry operation will promote -military and political objcctivos in connection with future operations.

5.
DEGREE OF CONTROL, The occupz~~~t may clclrwcl and enforce from the inhabitants of the occupied arca such obedience as may be necessary for the p~~rpos~~s of wr, the maintenance of law and order, and the prolxr :Iclnrinistration of the area under the unusual circurnstnnccs of hostile occupation. In return for such obc~dkntx~, the *’ inhabitants should be granted freedom from all ~~tmo~w sary or unwarranted intcrfcxcncc with their individlr:l liberty and property rights. Under military govrrn~lrt:nt the degree of control maintained by thr: occul)yin~ BREWS varies grcakly according to the rclatinns which l;tv(! l>r(q*iously existed between the govermncnt of eho o(:(:ul)yillg forces and the government of the territory occul)ic:d, rhea

existing attitude of oflicials and inhabitants, the project&d military operations, and k~ent military, political, eco. nomic and other pertinent circumstances. In the territory of an enemy, rigid control of civil affairs is necessary if the bbjectives of military government are to be achieved. In neutral, allied, or domestic territory, sufficient cooperation from the officials and inhabitants may be obtained to permit greater latitude for action by local officials under broad policies and general supervision of the occupying forces, particularly in those governmental fields lcast im
’    portant to the military forces in current or pending operations! In any territory, as conditions approach normal, the control exercised by a military government will be relaxed, the supervision of the occupying force will become less direct, and supreme authority will finally be released to a recognized sovereign power.
I I 6. PERIOD OF CONTROL. The period of time during / which military government or civil affairs control is main- tained will vary, depending on whether military operations arc continuing, the USC or nonuse of the area as a base for future operations, whether the territory is bclligercnt or otherwise, the degree of cooperation of the inhabitants, the national policy regarding the futilre position of the territory, and other military and political considerations. As long as military opcrntions continue, some degree of control will be ncccssary. Military govcrnmknt may etiend beyond such operations until it nchicves the ends of national policy toward which the operations arc directed.
7, AUTHORITY FOR CONTROL. Military government is exercised by virtue of and in accordance with rules of international, law. Authority for the exercise of such control is derived from the mere fact of occupation or from some form of agreement such as an armistice, a convention,
, or a treaty. The more important of these rules are set 1 forth in the military’ manuals of the leading civilized 1 countries and ,in international treaties, such as the Hague i Convention No. IV, i907 (Annex Sec. III). The rules
I
/    4 Which govern the armed forces of the United States arc set forth in the War Department manual FM 27-10. While the Hcgue rules apply legally only to enemy tcrdtory, as a matter of policy they arc gcncrally applied to other territories occupied by United States ~OIYXS.
8.
EXERCISE OF CONTROL A COMMAND RESPONSIBILITY. The exercise of civil affairs control is a c~nmmnd responsibility. In occupied territory the commander, by virtue of his position, has supreme legislative, osccutivc, and judicial authoritjr, limited only by the laws and customs of war and by directives from higher authority.

9.
   GENERAL PRINCIPLES AND POLICIES IN THE CONDUCT OF CIVIL AFFAIRS. *

a.
Military Necessity. The first consideration at all times is the prosecution of the military operation to a suc- cessful conclusion. Military necessity is the primary undcrlying principle for the conduct of militq governmcnt. So long as the operation continues, it is the duty of thr commanding officer to exercise such control and to t&c. such steps in relation to the civil population as will attaiu the paramount objective.

b.
Supremacy of Commanding Officer. It follows from the basic principle of military necessity that tllc theater commander must always have full rcsponsibilit) for military government,

c.
Civil Affairs Jurisdiction. The paramount illtt:rrst of the combat ofker is in military operations. Thc: paramount interest of the civil affairs of?iccr is in dealing yitl] civilian relationships of concern to the co~nmancl~~~. sut+ interest will be expressed in restoring law and o&r :mcl in returning to the civilian population certain’ facilities ~)1: services and restoring living conditions to norm:ll, ins;crf:lr as SUCK activities will not tend to intcrfcrc with military operations. Whether intcrfcrcncc with military oprr:~.ti(>lls

will result shall bc dctcrmincd by the couunanding of&:(ar
after giving consideration to the rclcornnlcnd3tiolls of lljs
combat and civil affairs oficcrs.

s

d. Economy of Personnel. Since cficicnt control of the civilian population ancl mobilizntion Of local civiliall manp~wcr will lessen the need for garrison ~OPXS,adequate civil affairs personnel will in the hlg lWl prom an Won. omy. The stimulation and sUpCrViSi011 Of production and use of local resources will lilccwise make savings in Shippi~~g and q~ply. All plans and practices Of military govern. ment should be adopted with this in view 2nd at lcast the minimum necessary number of Amy and Navy personnel trained in civil affairs bc providccl., The duties of civil
e    affairs officers should bc conlincd whcrcvcr possible to supervision.
e.
Flexibility. The administration of civil aPTairs bvill vary widely in different arcas dcpcncling Up011 III:UIY hctoq including the nlilitary forces present and their disl>osition, the ‘structure of the native governmnt, the geography of the arca, ‘the economic instructions, tl~ chnractcristics of the pcoplc and their officials, the dcgrcc of control which may be necessary, the prcscncc or nbs~r~c of civilian of& cials, the dcgrce of destruction of 10~~1 resources, the pcrson- nel available, and the basic policies to be fdlow~d, including the contcmplatcd post-war position of the territory. It will probably vary widely everl in the ~nme territory from one’ tirnc to another as when the thrcnt of combat deklines or ceases. It follovs that the utmost flexibility must be provided in tlw l&ul~ and in the ccmduct of civil affairs.

f.
Continuity of Policy, Tllc ndministtxtion of civil affairs in occupied territory should bc so l~lnnncd and conducted that a rcasonnblc dcgrcc of continuity of policy and pcrsonncl will result. PrCqucllt clmngcs of policies and orders will injure the cflectivcncss and prcstigc of the administration, while frcqu&t chan~cs of pcrsonncl Will. dcprivc the occupying forces of the services of ofikcrs when they hnvc bccornc of grcatcst v&c.

g.
Treatment of Population. (11 Intrrnntinnnl law rcquircs and military ncccssity cliclntcs just and rcasonablc trcstnmt of the inhabitants of occupied territory to minimize their bclligcrcncy and obtain their coolxmtion. The

Cooperation of the inhabitants, where it can be sccurcd, is of direct advantage to the occupying forces in maintaining public order and accomplishing the objective of military government. While the welfare of the inhabitants ~110dd be considered also for humane reasons and should bc safc- guarded as far as military requirements permit, the primary purposes of just trentincnt are to fncilitatc the military operations and to meet obligations imposed by law, Proper treatment will be of direct benefit to the occupying forces in preventing chaos, promoting order, and in the procurcment of labor, services, and supplies. It will have 3 favorable influence upon the present and future attitude of the population toward the United States and its allies. It will provide incentive to populations of other tcrritorics to accept, our future occupation. Such a policy, liowcvcr, should not affect the imposition of such restrictive or punitive measures as may be necessary to accomplish the objectives of military government in any arca, but cspccially in one in which the population is aggrcsxivcly hostile and engages in active and passive sabotage.
(21 The treatment of the population of any occupied territory will vary, depending upon the nttitudcs of the people toward the occupying forces; their dcgrcc of coopcr- ation with these forces; the dcgrcc of their industrial, ec,onomic, political and moral deveIopment; and the political, diplomatic, and military policy of our govcrmncnt toward the government of the territory occupiccl. T’hc civil affairs officers should bccomc fully informed conccrl1ing the local population and their customs, institutions and attitudes, and should direct military control in the light of the local situation and requircrncnts. Xn consid(*ring tll(: treatment of populations in occupied areas> tllc f&~ing factors should be taken into account:
Ia 1 Generally, Icss restrictive mcnsurcs wiII hc nrc(~ss:lq in dealing with nationals of friendly or nonllostilc countricbs than with nationals of enemy countries.
(b) The taking of hostages, the imposition of coIlectiv(: fines, or the carrying out of reprisals become military n~ccssities in some situatjons though such mcn~~res sh~~~~ld on13
5gll OF?“.- 48 .-^...... :< 7 be taken as an unavoidable last resort t0 illduCC a hostile population to desist from unlawful practices. Such actions are usually an indication of weakness of the occupying forces and of ineffective control of the inhabitants. Careful consideration should be given to the question of determining whether such devices will serve as a deterrent or aggravate an already difficult situation. (See FM 27-10.)
(c)
Force may be used to the extent ncccssary to subdue those who resist the authority of military government or to prevent the escape of prisoners OS ~WSO~XT suspected of crime. Persons accused are entitled to a fair trial before the imposition of punishment. The theater commander has the power to provide immediate trial, when an example is necessary. Sentences of military courts should be proportionate to the oflense and the need for a deterrent effect. The maximum punishment s110ul~l not be awarded automatically. The nature of sentences to be imposed and whether they should be carried out in public, depends in

h.
Retention of Existing LaHis, Cwstoms, and Politi. Cal Subdivisions. Local officials and inhabitants of an occupied territory are familiar with its laws, customs,’ and institutions. To avoid confusion and tb promote simplicity of administration, it is advisable that local laws, customs, and institutions of government be rctaincd, except where they conFlict with the aims of military govcmmcnt or are inimical to its best intcrcsts. In gcncral, it is unwise to impose upon occupied territory tha laws and customs of another people. Any ntecmptcd changes or rclorms contrary to local custom may result in devclopmcnt of active or passive resistance ancl thckby handicq the operation of military government. For similar reasons it is advisable, if possible, to retain existing territorial divisions and subdivisions. Laws and customs in one political division of a country may differ widely froln those in another and the inhabitants therefore may be accustomed to the dccentrali

part upon the customs and habits of the population and
the types of punishment which have been found most
effective in the particular locality.

zation of governmental authority which UN~Y l~arallels
such divisions.
i. Retention of local Government Departments and
Officials. (1) Of3[ices which arc unnecessary or detri
mental to military government will be temporarily discon
tinued or suspended by the military commander as military
governor. 111 some areas this fixay bc the cast with entire
departments or bureaus of the government.

(2)
Such legislative bodies as are still in csistcncc will
usually be suspended. Supreme legislative power is vcstcd
in the commanding officer in the theater of opcratioqs.

(3)
Usually it will be necessary to remove high ranking political officials from office. This action will include the removal of the nominal and actual heads of the national government, cabinet ministers, and the heads of principal political divisions. No permanent appointments to SUCK positions should be made by the military governor without approval of higher authority ,becnuse of the political implications of such appointments. Wliilc mcmbcrship in unfriendly partisan organizations or political parties may not by itself be cause for removal, such o&Gals as have b~cn active Ieadcrs of such organizations will ordinarily not lx retained in oflicc, nor will other officials who prove to bc unreliable or untrustworthy. Willful failure of retained local’ oficials to perform their duties satisfnctc~rily should be regarded as a. serious offcnsc against the nlilit:rY

government.
’ (4) So far as practicable, subordinntc nflicials and (qn
'    1doyCeS Of the lOCd govcrnmcnt should lx: rctainccl in tllcil offices and made responsible for the prqxr disc*llnrK(> trl their duties, subject to the direction and sl~l)(~rvisitru of civil affairs personnel.
(5) In some areas the native popu1~~tio1~ nl;t)+ have h:ul very limited participation in govcrnntcnl: ~x:~:;~~IsI: of 1~1~ domination of a foreign power. In such arcas civil &i&Is may have fled when invasion takes p~nct:, or it n,;ty I)(> inexpedient or unsafe for them to continua in oflice, (:voI, if they rem&n. In territories of this sort it nl;iy 1)(~(~01111~ necessary for military government t0 train nntivc personnel to -tal<e over certain positions.
(6)
Civil affairs pcrsonncl ~h0~1d CLS far L~S prnctical& deal with the inhabitants of occupied territory through such o~~ccrs aIld employc~ of the local ~o~rnrr~nt ‘~1s arc retained or appointed. FVhcn an of&in1 is rcmovcd, a replacement should be sought from among the inhabitants who by training and experience is qualified to take over the duties of the office. In the solcction of ofkinls, careful consideration should be given to their reliability, their willingness to cooperate with the military govcrnnrent, their positions in the community, as well as their other qunlifications for the particular position. Appointments from a polkical faction or clique, regardless of their friendly sentiment, should be avoided, e?;ccpt in unusunl circumstances. In some circumstances it may bc detcrmincd that the duties of the position cw bcttcr be pcrforrncd by a representative of the military ~ovcrmncnt.

(7)
Neither local political personalities nor organized political groups, howcvcr sound in scntimcnt, should have any part in determining the politics of the military ,govcrnment. Civil affairs ofhccrs should avoicl any cOuniiitmcnts to, or negotiations with, any local l~olitical clcmcnts cxccpt by directions from higher authority.

(8)
So far as possible, civil affairs oflicers should confine themsclvcs to supervision and avoid assumption of the duties of the operating head of a political subdivision or of a department of govcrnmcnt.

(9)
It may be advisable to provide protection for persons who continue in, or arc assigned to, local public ofice. They may bc accused of disloyalty by some inhnbitants of the area. Their persons and property may be thrcntcncd or endangcrecl.

( 10 1 Civil affairs ofllccrs and pcrsnnncl, as rcprcscnta- tives of the Unitccl States govcrnmcnt, sl~o~~lcl keep their relations with local oficinls and inhabitants ori a strictly official basis, avoiding unofficial social rclntionships. All personal favors or gifts which may bc on’cred .by civilians arc to be rcfuscd unless authorized by hi&r authority,
]. PeliQ;ical Prisoners. Persons imprisoned by tllc p”Cv&s government, for political or racial rcaSotXi only, should be released after investigation, unless directed othcrwisc by
higher authority, with warning that political activity on
their part, during the period of military government, will
not be tolerated.
k. Economics. The basic economic policy of Unitcrcl

States military government is twofold: first, to revive cconomic life and stimulate production in order to reduce to a minimum the needs of the arca for United States and ‘allied assistance and to dcvclop the arcn as a source of supply for further operations, and second, to USC avnilnble goods and services as efficiently as possible for the satisfaction of military and civilian needs. Corollaries of this
basic policy include the following:
( 1 1 An equitable distribution of ncccssities, such as food, fuel, medicine, and clothing, should be instituted as quickly as possible. To this end it will be necessary to reestablish, to some degree at least, public utilities, transportation, communications, and trade. It will often bc ncccssnry to enforce controls, which may or may not be the same as those in effect belorc occupation, over various aslxcts of economic life, including prices; over marketing by rationing, by measures to bring hoarded goods out of hiding, and by suppression of black markets; over imports and czports; over money and banking. The reestablishment of corn-munications $411 normally require the instituting of cxnsorship. At times military govermncnts will l;xvc to engage actively in some types of economic activitv in ot&r to assure that the armed forces and the populn~ion rcrcive at least a minimum of ndcessnry goods and scrviccxs.
(2) Such plans as may bc practicable should I~(> Inid in advance for the resumption of production, csl3rci:rlly in agriculture, fishing, and manufncturc, but also in mini~l~, forestry and the service traclcs. Prclilllirlilry decisions: niust: be reached as to which types of economic activity :rc nlnsl important. Where military occulxl.tion is rf~~~:t.(~~l tll~~s~~ plans must bc carefully chcclcccl to dctcrmin(: wll:ll Il()di{jcations are necessary cspccinlly in view of d;un;~g(: dent: to
11
facilities. In most cases1 it will be IFX~SS~~~ to make rapid surveys of usable facilities and of undcvcloped resources &fore rehabilitation plans can be completed.
(3) Steps must be taken to put into immediate effect plans for the tehabilitation of production. In order to provide minimum military and civilian supplies it may be necessary to provide farmers and manufacturers with essential equipment and materials. Labor SUPPLY rlmst bc pro- vided for necessary activities. It will be necessary to prevent abnormal wage increases, insure regular and adequate hours of work and control labor organizations. Steps should be taken to meet the most pressing needs, in some cases by making available United States or allied ma.terial immediately upon occupation. Priorities should be established for the use of scarce items, and in some cases to allocate particular material to specific uses. Most industries will need supervision, and some may need assistance in management, especially in the early days. In enemy territory it may be advisable to provide skilled managers to replace those who may have fled or who do not cooperate sufficiently with the occupying forces.
1. Health. Protection of the health of the occupying foyces as well as humanitarian reasons determine the policy of safeguarding and improving the health of the population in occupied territory. Dead must be buried; sanitary disposal of sewage, garbage and rcfusc organized; water supply kept from pollution; food inspection established; necessary insect control “instituted and other steps tnkcn to provide precautions against the spread of disease. Such medical care for civilians as may be practicable should be provided.
m.
Respect for Religious Customs and Organizations. International law requires that religious convictions and practices bc respected, Therefore, places of religious worship should not be closed unless necessary as a security or sanitary measure.

n.
‘biscriminatory Laws. Laws which cliscriminate on the basis of race, color, creed, or political opinions should be annulled as ihe situation permits. However, the prac

12
tic& of such customs or the observance of such traditions as do not outrage civilized concepts may be permitted.
o.
Speech and Press. To the extent that military interests are not prejudiced, freedom of speech and press should be maintained or instituted.

p.
Archives and Records. Archives and records, both current and historical, of all branches of the government of the occupied territory are of immediate and continuing use to military government. It is therefore esscntinl to seize and protect such archives and records.

g.
Mail and Documents. Mail and documents in large quantities will often be found in post offices or other central communications points. As this represents a SOU~CC’ of valuable intelligence information it should be the policy to seize and protect such material as well as to expcditc its delivery to proper censorship examination stations.

rr Shrines and Art. It is the policy of the United States, except where military necessity makes it impossible, to preserve all historical and cultural monuments and works, religious shrines and objects of art.

SECTION II CIVIL AFFAIRS RESPONSIBILITIES
10. DIVISION Oi RESPONSIBILITY BETWEEN ARMY AND NAVY. Responsibility of the Army and Navy for the control of civil &airs in occupied arcas will bc dctermined by, the Joint Chiefs of Staff of the United St&s Army and Navy or by the Combined Chiefs of Stnfl of thr United States and one or more of its allies, depending upon the nature of the operation. In general, it is expected that the responsibility in continental areas will bc with tlrc Army, while the control, of civil affairs in island areas and in some ports and other areas contiguous to the sea will be delegated to the Navy. This is not a fixed rule OI principle as it may be advisable to assign to the Army the control of certain island arcas and ports. In such areas naval civil affairs officers may be assigned to the stafls of army commanders, either to assist in civil affairs control or to act as liaison between the two branches of the service. The Navy may control, temporarily at least, iskind areas which present many of the complexities of the larger land areas, or it may participate in land occupations through its operations in ports or on inland waterways. Where there is naval control of civil aff;tirS, ZlrXll)' Officers may serve with naval commanders in order to facilitate an ultimate transfer of the area from the Navy to the Army. When available, rqualified naval civil affairs officers should be assigned to regular civil affairs duties with army civil affairs organizations.
11. CONDITIONS LIKELY TO BE MET IN OCCUPIED TERRITORIES. The many and varied tasks involved in civil affairs control may have to be performed under the most diflicult circumstances. In most occupied territories one or more of the following conditions may exist in varying degrees. Civil administration may have broken down wholly or in part, Oficinls may have fled or have been deposed or be unreliable. There may be rioting, looting, or other forms of disorder, particularly if the local police force , has disintegrated. Agriculture and industry may have been prostrated or wrcckcd. Economic life may have been reshaped to serve a “new order” or disrupted by the “scorched earth” policy of a retreating enemy. There may be serious shortages of foodstuG and other csscntial materials. ’ If the area has been fought over or bombed, widespread destruction of buildings and other installations, public utilities, transportation and comnnmicntion facilities, and harbors may bc nnticjpntcd. Lnrgc numbers of lxoplc may be homeless. Many will be unemployed and without means of support until orderly proccsscs are rcstorcd. The enemy may have brought in large numbers of forced laborers fram distant areas, who will clcspcratcly scclc rcpatria- &on. There may be acute shortngcs of professional pcrsonnel, such as doctors, lawyers, engineers, and other Plies may have been polluted. Medical supplies may have
specialists. Hospitals and other institutions may have been
destroyed. The wounded may have rcccivecl little or no
attention. The dead may remain unburied. Water sup

been reduced to the vanishing point. The health and
morale of the population may have been undermined.
There may be few facilities to prevent the spread of pesti
lence from cities and concentration camps.
12. FUNCTIONS OF CiVlL AFFAIRS OFFICERS. The chief function of the civil affairs officers during hostilities is to further the mission of the combat forces in every way possible. As areas are successively occupiFd he will assist by controlling the civil population so that it will not interfere with military operations. I-Ie will help reconstitute civil administration SO that local rcsourccs in manpower and in strategic material may be utilized to further military operations as authorized by the laws of war. His task may embrace a wide variety of activities, since the responsibilities of his commanding oficcr may range all the way from controlling a few simple functions of government in a small isolated rural region or a primitive island or group of islands, to controlling the many and complex functions of government in a large, densely populated, industrialized, continental area. In the occupation of sucli territories for a considerable period of time, the civil aflairs oficcr will in most cases be concerned with the following and other activities :
a. Political Government and Administration. TllC supervision, or even, in rare instances, the actual administration of the chief political of&s of the govcrnmcnt, such as, for example, the offices of the chief exccutivc, ministers, cabinet oflicers, secretariats, and other high ranking cxccu
j    tive or administrative oficials on the national, provincial, or municipal levels.
b. Maintenance of Law and Order. The prcparation, issuance, and enforcement of proclamations and ordinances regulating the conduct of the inhabitants; rcestablishment of the old police force or the creation of a new one, sul~l~lcmcntccl by military police, marines or shorq patrol; prevention, detection and prosecution of crime; maintcnancc OS public order and security of persons and property; regulation of relations between our forces
im10&3”--48-----4 15
and the inhabitants; administratiOn Of prisons; control of liquor and narcotics,* control of traffic; and prevention and control of fire.
c, Courts and Law. The establishment and adminis. tration of military commissions and provost courts and the determination of their jurisdiction and procedure; SU. pervision and control, or closing, of lOCal Criminal and civil ,courts; supervision of the local bar; decisions as to mod& ,cation or suspension of local criminal and civil laws; acceptance, investigation, and reports of claims, and, in some cases, the operation of claims commissions; general legal a&ice on all aspects of civil aflkirs. Locql courts ,concerned with litigation and other lc@ matters among Civilians are under the supervision of civil nll’airs officers, Such matters involving civilians and mcmbcrs of the armed forces arc also of primary concern to the civil affairs ofi. cers. Matters within the jurisdiction of courts martial are of no concern to civil aflairs oflkers.
d.
Civilian Defense. The supervision and strengthen. ing of existing local organizations, or the creation of new ones, for civilian dcfcnse SO as to provide for air-raid warnings, blackouts, shelters, fire fighting, Casualty services, emergency medical cart for civilians, evacuation, dcmolition, rehabilitation, and other nctivitics to rclicve the occupying forces of as much responsibility for Civilians as possible in thi: cvcnt of boinbing, shell fire, 01’ other military operations.

e.
Civilian Supply. Rrrangcmcnts for cmcrgcncy reliCf, dircctcd through accepted channels, such as food, clothing, shelter, and medical aid, to moct mi~irnum subsistence standards, preserve order among the inhabitants, and enable them to carry on with their agricultural, industrial, commercial, and other activities whicly may be of direct benefit to the pccupying forces; establish local organization to administer any Cniergency relief programs; provide for other esscntinl civililm goods which may bc necessary to the rccstablishmcnt of law and nrdrr.

f.
Public Health and Sanitation. Such activities concerning the control, prcvcntion, and trcntmcnt of dis

16
.
ease; the supervision and rehabilitation of hospitals; the
rurnishing y 0;’ medical and sanitation supplies; the protcc
tion of food and water supplies ; the disposal of SCW:I~(~
and waste; and the promulgation of such ‘other medical
an d sanitation mcasurcs, as will improve or ~JrC?x!rvC h!
statc of public health and protect the occupying fortrc~.
g.
Censorrhip. Censorship of Civilian co~mtiunicntiolls is cffcctcd in order to nccon~plisl~ two objcctks; the protection of security, both military and civilian; :md the obtaining of intelligence information. It will norru:~lly bc established in the very earliest phnscs d c.ontinuc throughout the period of occupation. Thus, its operation by civil affairs will require close liaisoii with the milit:2ry intelligence staff for the area from whom ccnsorshil~ policic>s and directives emanate.

h.
Communications. Cooperation with sign:kl or corn-rnunicntion officers in the use of civilian comnlunic:Ltiol1 systems by the occupying forces; rccst:lblislinlcnt, at tllc proper time, of civilian communication Ixiliticxs ; contrt)l, supervision of, all civilian radio, tclcpho~x, tclcgrq)h, cablo, and postal communication and activity. Although civil affairs agencies responsible for supervising coltlnlunic;ltitrlls will not operate censorship they will bc rcquirc~cl to cooperate with its cnforccnient.

i.
Transportation. C0opcmtion with alqxol~ri:~t(~ :uxns and services in connection with military USC of Iwiv;~cc! 01 state-owned railroads, trucks, busses, vchiclcs, roads, lv;itcr-

’    ways, and airfields; recutablisllllu~~~lt at tlx prq~~r tilltc: of all essential civilian transport facilities; control c)r sul”‘r- vision of all such facilities.
j.
Port Duties. Assistance to port dirctotors; ~ontroi OF civilian movcmcnts ih port arcas, inc:ludin.g civili:uls rvll~ Iivc in houseboats and smnll harbor cra[t; l)ro~ur(~111(~1lt and control of ncccssary lnl~or; h3ncllii~g antI ista&ng of supplies ashore and inland; liaison bctr~(ql n;~v;ll ;lul]l(,)ri- tits afloat and ashore and civil allairs org:lllix:Ltic>lls ~lsl~~)rc~.

k.
Pubflic Utilities. ChpW:LCiO~l Ivitll :t~~~~ro~~ri;~l~~
arms and services in procuring, rcstoritlg, rulrl colltr~~llillg
public utilities for military and civilinn use.

17
/
1. Money and Banking. Closing, if lN!CCSSLLl‘y, and guarding of banks, baulc fulldS, Safe deposit bOsEi, SCcurities and records; providing interim b:tnking and credit needs; liquidation, rcorganixntion, alld rcopcning of banks at appropriate tinlcs; regulation and supervision of credit cooperatives and other financial agencies lxld organjza. tions; esccution of politics on currency fiXC1 by higher authority, such as the designation of typc~ of currency to be used and rates of exCh.al?ge ; supervision of the issue and use of all types of lnoncy and credit; dcckuxtion of debt moratoria; prevention of financial transactions with enemy occupied or cncmy territory.
m.
Public Finance. Supervision and audit of the budget, revenues, and expenditures; supervision of tax collection, fines, asscssrnCrlts, alld the handling of public fu&, including rcvcnucs from govWnlTXXt monopolies alid investments; provision for neccssnry financial lacilitics for civil administration; levying of contributions.

n.
Commodity Control, Prices, and, Rationing. SU. pervision of the distribution of food and other supplies; control of prices; rationing; prevention of, hoarding and black markets ; regulation of esports and inllsorts; allocation of iniports for local distribution; regulation of military requisitions and purchase; cstnblishmcnt of politics to be followed in stimulating local production.

o.
Agriculture. Encourage agricultural production and the establishment and administration of programs for developing self-s&kicncy.

p, Industry and Manufacture. .Ikvcloprncnt and supervision of such industrial and Irl:unufncturinhr fncilitics, including lumbering, mining, pctrohu production, and fish&g as may bc inclicatcd to furth~ nllicd intcrcsts and satisfy the immediate needs of the civilian population.
q.
Commerce and Trade, Stimulation of wliolcsale and retail trade in order to rcstorc normal movcmcnt of csscntial civilian goods horn prod~ccr to cons~~~~r and thus further economic stabilizntion.

r.
labor. Procurcmcnt of labor to assist any scrvicc in the occupying forces, procurcmcnt of labor for rchabilita

tion and reconstruction in the occupied territory, tllC prevention of abnormaI wage increases, insurance of regular and adquate hours of work, and other conditions of ml-, ployment; controI of Iabor organizations and the handling of other labor relations problems.
s.
Cusfody and Administra#ion of Property. Custody and administration of all property and entcrpriscs owned wholIy or in part by an cncmy govcrmnc~nt, or enemy nationals of countries other than that occupied ; custody and administration of a11 property and cntcrpriscs owned wholly or in part by other govcrnmcnts, if taken over by the occupying forces; custody and administration of private property susceptible of direct military use and not in the custody of another branch of the nrmccl services such as transportation and c.ommunication facilities, arms, ammunition and .other implements of war; custody and administration of privately owned, abandoned or other property, if taken over by the military government.

t.
Information. Subject to the dircctivcs of the thcntcr commander, interpretation to inhabitants of occupied tttrr’itory of the purposes of the occupation, counter propaganda, preparation of press, radio, motion picture and other releases, both for intcrnnl and external consumption; ~CWera1 advice and assistance in various matters involving the inhabitants in which carefully l~Iannccl action will either avoid offense or improve relations betwc~~n the ocqq’ing forces and the inhabitants and their nttiturlc tl>virtl tllc-United States and its allies.

u.
Disposition, Repbtriation, or Relocation of Di$

placed Persons and Enemy Nationals. Chad WI disposition of allied prisoners of war, civilian intcrrl(xrs ;uld forced laborers; political prisoners ; clisl)laccd rl:l.tiou:ls of the occupied area including dmuobilizc~cl mc:rul~s of tIlc enemy armed forces; and civilian natiolrals of o&r errem! countries.
v.
Education. Supervising cxlucntirmn1 syslw~~ ; ol)p~l- ing of schools and prevention of subvcrsi~~~ or 1~11ll‘~l instruction.

W.
Public Welfare. Supervising public nnd private institutions for the care of children, the poor, the handi. capped and the aged, and the cncCWra~em2nt of ncccs~~~~ local orga&ations to operate such institutions.

x.
&z.cords. Keeping full and complctc records for the military commnndcr of everything that is C~CUIC

19
by hiln or under his authority in any Of the i%bOVc Ol” other fields of military government so that 11~ m:ty rcndcr n

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