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5.15 UNDEFENDED CITIES, TOWNS, AND VILLAGESAttack, by whatever means, of a village, town, or city that is undefended is prohibited. 360Undefended villages, towns, or cities may, however, be captured.5.15.1 “Undefended” – Notes on Terminology. The term undefended city (or town orvillage, or any other populated area) is a term of art in the law of war and should not be confusedwith a place that simply lacks defensive capabilities. Historically, open or undefended status fora town, village, or city would be sought as opposing military forces approached and the militaryforces previously controlling the city abandoned it. 361 Undefended or open status wouldessentially surrender the city to the opposing force; this minimized injury to the inhabitants anddamage to civilian objects within the city because the city could be occupied without resistanceor bypassed. 362 5.15.1.1 Non-defended Versus Undefended. Article 59 of AP I uses the term“non-defended” rather than “undefended,” but uses essentially the same criteria as FM 27-10’sdiscussion of “undefended” places within the meaning of Article 25 of the Hague IVRegulations. The change from “undefended” in the Hague IV Regulations and Hague IX, to“non-defended” in AP I, appears to reflect a difference in translation from French to Englishrather than a substantive difference.The original text of the Hague IV Regulations and Hague IX is French. 363 In the Frenchversions of the text, both the Hague IV Regulations and Hague IX use a dependent clause “that360 See HAGUE IV REG. art. 25 (“The attack or bombardment, by whatever means, of towns, villages, dwellings, orbuildings which are undefended is prohibited.”); HAGUE IX art. 1 (“The bombardment by naval forces ofundefended ports, towns, villages, dwellings, or buildings is forbidden.”). Consider AP I art. 59(1) (“It is prohibitedfor the Parties to the conflict to attack, by any means whatsoever, non-defended localities.”).361 For example, H. Wayne Elliot, Open Cities and (Un)defended Places, THE ARMY LAWYER 39, 41 (Apr. 1995)(“When the military forces had abandoned the city, the city’s civic leaders normally had the burden of meeting withthe opposing commander and informing him that the city was open. Accordingly, the mayor of Columbia, SouthCarolina, went to the Union lines as General Sherman approached the city and informed him that the Confederateforces had left and that the city was open for the Union army’s entry. When the Confederate government was forcedto abandon Richmond, Virginia, the mayor met the advancing Union forces and informed General Grant’scommanders that the city was open. Once the capturing forces entered the city, they were obligated to refrain fromlooting and pillaging and were responsible for the safety of the city’s residents. Nonetheless, war materials still inthe city could be destroyed.”).362 H. Wayne Elliot, Open Cities and (Un)defended Places, THE ARMY LAWYER 39, 41 (Apr. 1995) (“Surrenderusually meant the complete submission of the military forces defending an area to the enemy. However, when theopposing military forces simply abandoned the city, the city was considered to be undefended and ‘open.’ That is,the attacking force could enter the city at will and without fear of attack. Under these circumstances destroying theentire city was unnecessary, although individual military targets in the city might be destroyed, either before or afterentry.”).363 William H. Taft, Proclamation Regarding the Hague IX, Feb. 28, 1910, 36 STAT. 2351 (“Whereas a Conventionconcerning bombardment by naval forces in time of war was concluded … the original of which Convention, beingin the French language, is word for word as follows:”); William H. Taft, Proclamation Regarding the Hague IV,Feb. 28, 1910, 36 STAT. 2277 (“Whereas a Convention respecting the laws and customs of war on land wasconcluded … the original of which Convention, being in the French language, is word for word as follows:”).253