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Instructions for the Government of Armies of the United States in the Field (Lieber Code). 24 April 1863.
Section III : Deserters -- Prisoners of war -- Hostages -- Booty on the battle-field. - Art. 57.
Art. 57. So soon as a man is armed by a sovereign government and takes the soldier's oath of fidelity, he is a belligerent; his killing, wounding, or other warlike acts are not individual crimes or offenses. No belligerent has a right to declare that enemies of a certain class, color, or condition, when properly organized as soldiers, will not be treated by him as public enemies.