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distinguished from the civilian population. For example, a helmet or headdress that makes thesilhouette of the individual readily distinguishable from that of a civilian can meet thisrequirement. Similarly, a partial uniform (such as a uniform jacket or trousers), load bearingvest, armband, or other device could suffice, so long as it served to distinguish the members fromthe civilian population. Formally notifying enemy forces of the distinctive sign is not required,and the proposal to add such a requirement was not accepted by States. 167 Such notification,however, may avoid misunderstanding and facilitate claims of POW status for captured membersof the armed group.4.6.4.2 Fixed. The text of the GPW indicates that the sign should be “fixed.”This requirement has been interpreted to mean that the sign must be such that it cannot be easilyremoved and disposed of at the first sign of danger. 168 In practice, however, it would beimportant to assess whether members of the armed group are functionally distinguishable fromthe civilian population, even if the distinctive sign that they wear is not permanent and could beremoved. 1694.6.4.3 Visible at a Distance. “Distance” has not been defined, but may beinterpreted as requiring that the sign be easily distinguishable by the naked eye of ordinarypeople at a distance at which the form of the individual can be determined. 170167 See JAMES BROWN SCOTT, THE PROCEEDINGS OF THE HAGUE PEACE CONFERENCES: III THE CONFERENCE OF1907 6 (1921) (“The PRESIDENT first takes up the German amendment relating to Article 1, tending to requireprevious notice to the hostile party of fixed distinctive emblems recognizable at a distance. He recalls that thisamendment was rejected by 23 votes to 11, and asks whether it is again advanced by the German delegation. On thenegative answer of Major General VON GUNDELL, he considers it useless to put the question to discussion andpasses to Article 2.”).168 See LEVIE, POWS 48 (a resistance fighter “must wear some item which will identify him as a combatant, therebydistinguishing him from the general population, and that item must be such that he cannot remove and dispose of itat the first sign of danger. A handkerchief, or rag, or armband slipped onto or loosely pinned to the sleeve does notmeet this definition. An armband sewed to the sleeve, a logotype of sufficient size displayed on the clothing, aunique type of jacket-these will constitute a fixed and distinctive identifying insignia, effectively separating thecombatant of the moment from the rest of the population.”); GREENSPAN, MODERN LAW OF LAND WARFARE 59(“Where a complete uniform is not worn, and this is sometimes not possible because of the poverty of the country,sudden emergency or other reasons, the fixed distinctive sign should be something which cannot be instantly takenoff or assumed at will, thus enabling a combatant to appear a peaceful citizen one moment and a soldier the next.The sign should be part of the clothing or sewn to it.”); 1958 UK MANUAL 92 (“Something in the nature of a badgesewn on the clothing should therefore be worn in addition [to a distinctive helmet]” in order to meet the conditionthat the sign must be fixed.).169 See FRANCIS LIEBER, GUERRILLA PARTIES CONSIDERED WITH REFERENCE TO THE LAWS AND USAGES OF WAR 16-17 (1862) (“The Southern prisoners made at Fort Donelson, whom I have seen at the West, had no uniform. Theywere indeed dressed very much alike, but it was the uniform dress of the countryman in that region. Yet they weretreated by us as prisoner of war, and well treated too. Nor would it be difficult to adopt something of a badge, easilyput on and off, and to call it a uniform. It makes a great difference, however, whether the absence of the uniform isused for the purpose of concealment or disguise, in order to get by stealth within the lines of the invader, fordestruction or life or property, or for pillage, and whether the parties have no organization at all, and are so smallthat they cannot act otherwise than by stealth.”).170 See 1958 UK MANUAL 92 (“The distance at which the sign should be visible is necessarily vague, but it isreasonable to expect that the silhouette of an irregular combatant in the position of standing against the skylineshould at once be distinguishable from the outline of a peaceful inhabitant, and this by the naked eye of an ordinaryindividual at a distance at which the form of the individual can be determined.”); 1914 RULES OF LAND WARFARE124