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Instructions for the Government of Armies of the United States in the Field (Lieber Code). 24 April 1863.
Section I : Martial law -- Military jurisdiction -- Military necessity -- Retaliation - Art. 3.
Art. 3. Martial Law in a hostile country consists in the suspension, by the occupying military authority, of the criminal and civil law, and of the domestic administration and government in the occupied place or territory, and in the substitution of military rule and force for the same, as well as in the dictation of general laws, as far as military necessity requires this suspension, substitution, or dictation.
The commander of the forces may proclaim that the administration of all civil and penal law shall continue either wholly or in part, as in times of peace, unless otherwise ordered by the military authority.