Excerpt(s) from the third edition (1914)

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Military jurisdiction is treated in the following pages in its two branches of Military Government and Martial Law. The former is exercised over enemy territory; the latter over loyal territory of the State enforcing it.

Moreover, military government may be exercised not only during the time that war is flagrant, but down to the period when it comports with the policy of the dominant power to establish civil jurisdiction.

. . . The distinction is important. Military government is thus placed within the domain of international law, its rules the laws of war, while martial law is within the cognizance of municipal law.

From a belligerent point of view, therefore, the theatre of military government is necessarily foreign territory.

Military Government and Martial Law

by William E. Birkhimer
Kansas City, Missouri, Franklin Hudson Publishing Co.
third edition, revised (1914)

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