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Instructions for the Government of Armies of the United States in the Field (Lieber Code). 24 April 1863.
Section V : Safe-conduct -- Spies -- War-traitors -- Captured messengers -- Abuse of the flag of truce - Art. 92.
Art. 92. If the citizen or subject of a country or place invaded or conquered gives information to his own government, from which he is separated by the hostile army, or to the army of his government, he is a war-traitor, and death is the penalty of his offense.