5cjxburmr

17.6 RESPECT AND HUMANE TREATMENT OF PERSONS TAKING NO ACTIVE PART IN HOSTILITIESIN NIACAll persons who do not take a direct part or who have ceased to take part in hostilities,whether or not their liberty has been restricted, are entitled to respect for their person, honor andconvictions, and religious practices. They shall in all circumstances be treated humanely,without any adverse distinction. 100In addition, the following prohibitions apply:17.6.1 Prohibition on Declaring That No Quarter Be Given. It is prohibited to order thatthere shall be no survivors. 10117.6.2 Prohibition on the Taking of Hostages. The taking of hostages is prohibited. 10217.6.3 Prohibition on Using Protected Persons and Objects to Shield, Favor, or ImpedeMilitary Operations. It is prohibited to use civilians, persons placed hors de combat, or otherprotected persons to shield, favor, or impede military operations. 10317.6.4 Prohibition on Pillage. Pillage is prohibited. 104 There is an affirmative obligationto take measures to protect the wounded, sick, and shipwrecked from pillage, and the dead frombeing despoiled. 10517.6.5 Prohibition on Acts of Terrorism. It is prohibited to commit, or threaten tocommit, acts of terrorism against persons who do not take a direct part or who have ceased totake part in hostilities. 106100 Consider AP II art. 4(1) (“All persons who do not take a direct part or who have ceased to take part in hostilities,whether or not their liberty has been restricted, are entitled to respect for their person, honour and convictions andreligious practices. They shall in all circumstances be treated humanely, without any adverse distinction.”).101 Consider AP II art. 4(1) (“It is prohibited to order that there shall be no survivors.”). Refer to § 5.5.7 (ProhibitionAgainst Declaring That No Quarter Be Given).102 See GWS art. 3 (prohibiting “taking of hostages;”); GWS-SEA art. 3 (same); GPW art. 3 (same); GC art. 3(same). Consider AP II art. 2 (prohibiting “taking of hostages;”). Refer to § 5.16.3 (Prohibition on TakingHostages).103 Refer to § 5.16 (Prohibition on Using Protected Persons and Objects to Shield, Favor, or Impede MilitaryOperations).104 Consider AP II art. 4(2)(g) (prohibiting pillage “at any time and in any place whatsoever” against “[a]ll personswho do not take a direct part or who have ceased to take part in hostilities, whether or not their liberty has beenrestricted”). Refer to § 5.17.4 (Pillage Prohibited).105 Refer to § 17.14.3 (Search, Collection, and Protection of the Wounded, Sick, Shipwrecked, and Dead).106 Consider AP II art. 4(2) (prohibiting with respect to all persons who do not take a direct part or who have ceasedto take part in hostilities, whether or not their liberty has been restricted, “d) acts of terrorism” and “h) threats tocommit any of the foregoing acts”). Refer to § 10.5.3.2 (Collective Penalties and Measures of Intimidation orTerrorism).1032