Art. 103. Captured or Abandoned Property

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. 2-27 Student Notes: