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“competent tribunal” generally entails the Detaining Power convening an administrativeboard. 519 The GPW affords the Detaining Power substantial discretion regarding thecomposition and procedures of an Article 5 tribunal. 520Article 5 only requires a tribunal if there is “any doubt” regarding a person’s entitlementto POW status or treatment. 521 For example, if there was no doubt that the armed group to whicha person belongs fails to qualify for POW status, then the GPW would not require a tribunal toadjudicate the person’s claim to POW status by virtue of membership in that group. 5224.27.4 Tribunals to Assess Other Detainee Issues. By its terms, Article 5 of the GPWonly addresses a person’s entitlement to POW status or treatment. However, an administrativeprocess may be appropriate to address status questions besides entitlement to POW status ortreatment, such as whether detainees are retained personnel or civilians. DoD practice has beento use Article 5 tribunals or similar administrative tribunals to address those issues. 523 Forexample, DoD used administrative tribunals to address a variety of detainee issues duringdetention operations in Viet Nam, 524 Panama, 525 the Persian Gulf in 1991, 526 Iraq in 2003, 527519 Denmark proposed the term “competent tribunal” instead of “military tribunal” because “[t]he laws of theDetaining Power may allow the settlement of this question by a civil court rather than by a military tribunal.” II-BFINAL RECORD OF THE DIPLOMATIC CONFERENCE OF GENEVA OF 1949 270.520 For examples of the procedures of past U.S. tribunals, see, e.g., U.S. CENTRAL COMMAND REGULATION 27-13,Captured Persons: Determination of Eligibility for Enemy Prisoner of War Status (Jan. 15, 1991); 1997 MULTI-SERVICE DETENTION REGULATION § 1-6.e.521 Jay S. Bybee, Assistant Attorney General, Status of Taliban Forces Under Article 4 of the Third GenevaConvention of 1949, Feb. 7, 2002, 26 OPINIONS OF THE OFFICE OF LEGAL COUNSEL 1, 9 (“Under Article 5 of GPW,‘[s]hould any doubt arise as to whether persons … belong to any of the categories enumerated in Article 4, suchpersons shall enjoy the protection of the present Convention until such time as their status has been determined by acompetent tribunal.’ As we understand it, DoD in the past has presumed prisoners to be entitled to POW status untila tribunal determines otherwise. The presumption and tribunal requirement are triggered, however, only if there is‘any doubt’ as to a prisoner’s Article 4 status.”) (amendments in original).522 Refer to § 4.6.1.1 (GPW 4A(2) Conditions Required on a Group Basis).523 See, e.g., 1997 MULTI-SERVICE DETENTION REGULATION § 1-6.e.(10) (boards making determinations pursuant toArticle 5 of GPW may make, in addition to a determination that someone is an enemy prisoner of war, alsodeterminations that an individuals is retained personnel, an “innocent civilian,” or a civilian internee “who forreasons of operational security, or probable cause incident to criminal investigation, should be detained.”).524 In Viet Nam, the U.S. Army used panels of three officers assisted by a judge advocate advisor to assess the statusof detainees. See, e.g., U.S. MILITARY ASSISTANCE COMMAND VIETNAM DIRECTIVE 381-46, Military Intelligence:Combined Screening of Detainees (Dec. 27, 1967); U.S. MILITARY ASSISTANCE COMMAND VIETNAM DIRECTIVE 20-5, Prisoners of War -- Determination of Eligibility (Mar. 15, 1968); Fred K. Green, The Concept of “War” and theConcept of “Combatant” in Modern Conflicts, 10 THE MILITARY LAW AND THE LAW OF WAR REVIEW 267, 285(1971) (discussing detainee status classifications under Military Assistance Command Vietnam Directive 20-5).525 See FRED BORCH, JUDGE ADVOCATES IN COMBAT 103-06 (2001) (describing detainee screening procedures in1989-1990 Operation JUST CAUSE in Panama).526 See FINAL REPORT ON THE PERSIAN GULF WAR 577-78 (describing article 5 tribunals during Operation DESERTSTORM).527 See, e.g., CENTER FOR LAW AND MILITARY OPERATIONS, THE JUDGE ADVOCATE GENERAL’S LEGAL CENTER &SCHOOL, U.S. ARMY, I LEGAL LESSONS LEARNED FROM AFGHANISTAN AND IRAQ: MAJOR COMBAT OPERATIONS(11 SEPTEMBER 2001 - 1 MAY 2003) 41-47 (2004) (describing Article 5 tribunals conducted during Operation IRAQIFREEDOM in 2003).181
Afghanistan, 528 and Guantanamo. 529528 See Al Maqaleh v. Gates, 604 F. Supp. 2d 205, 227 (D.D.C., 2009) (describing detainee review procedures inAfghanistan); Detainee Review Procedures At Bagram Theater Internment, enclosed in Phillip Carter, DeputyAssistant Secretary of Defense for Detainee Policy, Letter to Senator Carl Levin, Jul. 14, 2009 (describing modifieddetainee review procedures in Afghanistan).529 See, e.g., Executive Order 13567, Periodic Review of Individuals Detained at Guantanamo Bay Naval StationPursuant to the Authorization for Use of Military Force, 76 FEDERAL REGISTER 13277 (Mar. 7, 2011) (establishinga process to review on a periodic basis the continued discretionary exercise of existing detention authority for certainindividuals detained at Guantanamo Bay, Cuba); Paul Wolfowitz, Deputy Secretary of Defense, Order EstablishingCombatant Status Review Tribunal, Jul. 7, 2004, as amended 2006 (establishing an administrative process to reviewthe detention of foreign nationals held as enemy combatants at Guantanamo Bay, Cuba).182
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DEPARTMENTOFDEFENSELAW OFWARMANUALJ
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manuals of Germany, Australia, and
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TABLE OF CONTENTSForeword .........
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5.15 Undefended Cities, Towns, and
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9.4 National-Level GPW Implementati
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11.9 Local Law and Legislation.....
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16.1 Introduction .................
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LIST OF ABBREVIATIONSTo make the ma
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AbbreviationLong FormAP III Protoco
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AbbreviationGrotius, Law of War & P
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AbbreviationMessage from the Presid
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AbbreviationLong FormSpaight, Air P
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I - General BackgroundChapter Conte
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Citation to a particular source sho
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1.2.4 Use of Signals in This Manual
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Signale.g.,Function and Examples of
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to armed conflict; and (4) law of w
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fashion, for comparison, the GC del
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As another example, to the extent t
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occupation, the fact of occupation
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element of war has been viewed as i
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Traditionally, war has often been d
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1.6.2 Arms Control. Arms control is
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For example, the right to challenge
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ensure that a State Party’s oblig
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actions that would be lawful under
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interpretation when it constitutes
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that underlying principle. 136 For
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In addition, the persistent objecti
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of that particular case. 153 The le
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States may withdraw from a treaty.
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1.10.2.2 Force of Customary Interna
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condemnation under international la
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1.11.2.1 U.N. Member State Obligati
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The United States has expressed the
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The Charter of the United Nations w
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the right of self-defense, actions
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2.1.2 Uses of Law of War Principles
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concepts that explain when persons
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The fact that law of war rules are
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efficiently as possible. 41 Thus, m
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justify actions not necessary to ac
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2.4.1 Proportionality as a Limit on
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purpose (e.g., not being made the o
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ecause civilians generally do not w
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This acceptance is a prerequisite f
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command and conduct its operations
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3.1.1 DoD Practice of Applying Law
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3.2 SITUATIONS TO WHICH THE LAW OF
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apply, while as between the States
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3.3.3.3 Recognition of Friendly Arm
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not determinative of whether the pe
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hostilities and that jus in bello r
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There are a variety of reasons why
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A helpful rule of thumb may be that
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3.5.2.2 Compliance With Jus ad Bell
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the law of war, including military
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Reciprocity is also reflected in th
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e appropriate to apply the GWS and
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3.8.1.1 Agreements to End Hostiliti
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that are at war. 152152 Refer to §
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This Chapter briefly addresses spec
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States have departed from ancient a
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4.3 LAWFUL COMBATANTS AND UNPRIVILE
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“privileged” and “unprivilege
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Combatants must only direct their a
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4.4.3.1 Combatants - Legal Immunity
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nationals whom it may capture among
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The U.S. armed forces may also incl
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interests of POWs dependent on the
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government-in-exile or for a govern
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(d) that of conducting their operat
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4.6.1.3 Application of GPW 4A(2) Co
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personnel responsible to higher aut
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4.6.5 Carrying Arms Openly. Members
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detained as a POW. 181 If a person
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Civilians who engage in hostilities
Page 158 and 159: individuals with a non-medical Mili
Page 160 and 161: However, these individuals may be t
Page 162 and 163: and religious personnel. 243 States
Page 164 and 165: 4.13.1 Auxiliary Medical Personnel
Page 166 and 167: No special agreement may be conclud
Page 168 and 169: the Protecting Powers shall take no
Page 170 and 171: population because these persons ar
Page 172 and 173: attack; (2) must accept the risk of
Page 174 and 175: taking a direct part in hostilities
Page 176 and 177: forces. 322 Under certain circumsta
Page 178 and 179: material and who, by definition, wo
Page 180 and 181: However, a person who seeks to send
Page 182 and 183: Although spying and sabotage are no
Page 184 and 185: 4.18 PRIVATE PERSONS WHO ENGAGE IN
Page 186 and 187: The denial of the privileges of com
Page 188 and 189: individuals may be regarded as cons
Page 190 and 191: 4.19.1 Rules Applicable to the Trea
Page 192 and 193: 4.19.4.1 Unprivileged Belligerency
Page 194 and 195: 4.20.1.2 Identification for Childre
Page 196 and 197: made a statement of understanding r
Page 198 and 199: However, AP I defines “mercenary
Page 200 and 201: 4.23.1 Police as Civilians. In gene
Page 202 and 203: incidental to an enemy attack or fr
Page 204 and 205: impartiality distinguishes these hu
Page 206 and 207: Protecting Power during armed confl
Page 210 and 211: V - The Conduct of HostilitiesChapt
Page 212 and 213: casualties by taking additional pre
Page 214 and 215: • Civilians must not be made the
Page 216 and 217: feasible precautions must be taken
Page 218 and 219: For example, if a commander determi
Page 220 and 221: or executing military action must b
Page 222 and 223: objectives. 64This manual generally
Page 224 and 225: 5.5.3.2 AP I Presumptions in Favor
Page 226 and 227: Attacks on military objectives in t
Page 228 and 229: the enemy force may recover to coun
Page 230 and 231: as a surprise attack by enemy force
Page 232 and 233: o neutralized zones, and persons an
Page 234 and 235: This definition of military objecti
Page 236 and 237: 5.7.6 By its nature, location, purp
Page 238 and 239: 5.7.7.1 Capture or Neutralization.
Page 240 and 241: The military advantage expected to
Page 242 and 243: tank mines may be laid on such area
Page 244 and 245: standing in a mess line, engaging i
Page 246 and 247: • acting at the direction of the
Page 248 and 249: The onus is on the person having be
Page 250 and 251: of the 1949 Geneva Conventions, AP
Page 252 and 253: conduct or sustain combat operation
Page 254 and 255: o whether the act is traditionally
Page 256 and 257: • police services (e.g., police o
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has permanently ceased participatio
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Hors de combat is used in Common Ar
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5.10.4 Persons Rendered Unconscious
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Persons deploying into combat by pa
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5.11.1.2 That May Affect the Civili
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military importance are located and
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5.12.2.2 Harm Resulting From Enemy
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If the proportionality rule were in
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5.13 ATTACKS ON FACILITIES, WORKS,
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civilian population may be increase
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the personnel entrusted with the or
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5.15 UNDEFENDED CITIES, TOWNS, AND
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5.15.3 Declaration of a City as “
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civilian police forces for the purp
Page 286 and 287:
shield military objectives from att
Page 288 and 289:
lives are valued by the adversary i
Page 290 and 291:
objective (that has been developed
Page 292 and 293:
5.17.3 Enemy Movable Property on th
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• cultural property. 445In certai
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5.17.5.1 Compensation for Property
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works of art or places of worship w
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and, in fact, contain, conserve, or
Page 302 and 303:
5.18.3.1 Imperative Military Necess
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Similarly, if an opposing force use
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This rule makes no distinction betw
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5.18.7.4 Other Uses of the Distinct
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Immovable cultural property of very
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using any lawful and proportionate
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not already been made and refused.
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5.19.1.1 Belligerent Authority to E
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However, such actions would now be
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Power would have additional duties
Page 322 and 323:
• fighting in the enemy’s unifo
Page 324 and 325:
Sometimes, “perfidy” is used to
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uniforms to kill or wound treachero
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or (3) to impede enemy military ope
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• facilitating surprise attacks o
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• camouflage or deceptive lightin
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• feigning civilian status to fac
Page 336 and 337:
Propaganda must not incite acts tha
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Additional restrictions are applica
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or customary international law has
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If the weapon is not prohibited, th
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In particular, weapons must not be
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necessarily a legally prohibited we
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6.5.3.2 Use of Tools to Stab or Cut
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On the other hand, an explosive bul
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comparable to, or more severe than,
Page 354 and 355:
6.5.5 Blast Weapons. Blast weapons
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6.5.9 Autonomy in Weapon Systems. T
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system design, testing of hardware
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weapons and other specific rules, i
Page 362 and 363:
This manual generally uses the form
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• the destruction or neutralizati
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Like other determinations of custom
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Few weapons have been understood to
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use is required against a target of
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een understood not to prohibit the
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egardless of whether they are produ
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for safety and security considerati
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6.9.1.1 Toxin Weapons. The term tox
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(a) “widespread”: encompassing
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prohibited only if their use is cle
Page 384 and 385:
The term “mine” does not includ
Page 386 and 387:
Mines Protocol does not include non
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6.12.3 Definition of “Other Devic
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presence of commonly available mine
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6.12.4.7 Mines Produced After Decem
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• kitchen utensils or appliances,
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cannot be directed at a specific mi
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laying, antihandling devices (if an
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• the area is monitored by milita
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effects of minefields, mined areas,
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areas, mines, booby-traps, and othe
Page 406 and 407:
The United States has announced pol
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(UXO) across the range of intended
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include: 3596.14.1.2 Examples of In
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object of attack by incendiary weap
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6.15 LASER WEAPONSIn general, laser
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example, it would not be prohibited
Page 418 and 419:
advice and consent to ratification
Page 420 and 421:
6.17.4 Authority Under Domestic Law
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is not a Party to AP I, the United
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• the approximate number, type, a
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• Explosive ordnance should be tr
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6.20.2 Scope of the Obligations Cre
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possible. Warnings and risk educati
Page 432 and 433:
In addition, peace treaties or simi
Page 434 and 435:
• the method of identifying the e
Page 436 and 437:
explosive ordnance that has become
Page 438 and 439:
for the protection of medical perso
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No special agreement shall adversel
Page 442 and 443:
This rule does not prohibit States
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7.3.2 Persons Entitled to Protectio
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to proximity to military operations
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wounded, sick, and shipwrecked, fro
Page 450 and 451:
ehind enemy lines or a submarine ma
Page 452 and 453:
For example, the prohibition on sub
Page 454 and 455:
7.5.2.5 Medical Attention Free of C
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In order to implement these obligat
Page 458 and 459:
cannibalism of dead bodies is prohi
Page 460 and 461:
7.7.4 Handling of Enemy Battlefield
Page 462 and 463:
the exact location and markings of
Page 464 and 465:
For example, weapons may not be use
Page 466 and 467:
Such individuals may be held tempor
Page 468 and 469:
In no circumstances may retained pe
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7.9.5.3 Visits of POWs Outside the
Page 472 and 473:
espected and protected by the parti
Page 474 and 475:
establishments and mobile medical u
Page 476 and 477:
armed such that they would appear t
Page 478 and 479:
7.10.5.1 Disposition of Buildings,
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7.12 HOSPITAL SHIPS, SICK-BAYS IN W
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equirements permit. 291 The same sh
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inadvertent actions might also put
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encryption more common. 315 Substan
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Hospital ships that, in accordance
Page 490 and 491:
7.12.4.4 Stay in Neutral Ports. Ves
Page 492 and 493:
hospital ship. 347 For example, hos
Page 494 and 495:
means of control (such as directing
Page 496 and 497:
pursuant to an agreement, however,
Page 498 and 499:
7.15.1 The Distinctive Emblems: Red
Page 500 and 501:
may, without prejudice to their cur
Page 502 and 503:
7.15.3.2 Distinctive Emblem Does No
Page 504 and 505:
7.15.4.2 Use by International Red C
Page 506 and 507:
members of the armed forces are nur
Page 508 and 509:
wear on the left arm while carrying
Page 510 and 511:
7.19.2 Marking of Civilian Medical
Page 512 and 513:
deceased and of personal effects to
Page 514 and 515:
personnel and fill an important rol
Page 516 and 517:
operations, and provision for trans
Page 518 and 519:
In addition, as a general matter, a
Page 520 and 521:
8.2.2 Protection Against Humiliatin
Page 522 and 523:
Special consideration for more vuln
Page 524 and 525:
8.4.2 Additional U.S. Law and Polic
Page 526 and 527:
8.8 MEDICAL ATTENTIONWounded and si
Page 528 and 529:
8.10.3 Communication With Family. D
Page 530 and 531:
8.13 ADEQUATE WORKING CONDITIONSIf
Page 532 and 533:
8.14.3 Release When the Circumstanc
Page 534 and 535:
8.15.1 Registration of Detainees. T
Page 536 and 537:
conspiracy, joint criminal enterpri
Page 538 and 539:
IX - Prisoners of War (POWs)Chapter
Page 540 and 541:
The subsequent practice of States i
Page 542 and 543:
In addition to the agreements expre
Page 544 and 545:
favorable treatment of POWs held by
Page 546 and 547:
• persons who are nationals of th
Page 548 and 549:
shall enjoy the protection of the G
Page 550 and 551:
9.4.2.2 Notification of Offenses Pu
Page 552 and 553:
9.5.2.1 Prohibition on Killing of P
Page 554 and 555:
POWs may voluntarily consent to giv
Page 556 and 557:
provides for women POWs undergoing
Page 558 and 559:
9.7.2 Identity Documents. At no tim
Page 560 and 561:
9.8.1 Humane Treatment During Inter
Page 562 and 563:
Detaining Power shall take all suit
Page 564 and 565:
all the requirements of the GPW. 18
Page 566 and 567:
9.11.3 Location of POW Camps.9.11.3
Page 568 and 569:
The caveat that POW camps need to b
Page 570 and 571:
example, the POW camp may have camp
Page 572 and 573:
whether they are connected with pot
Page 574 and 575:
9.13.4 Clothing for POWs. Clothing,
Page 576 and 577:
malaria, and venereal disease. 274
Page 578 and 579:
exercise freely their ministry amon
Page 580 and 581:
To advance educational opportunitie
Page 582 and 583:
9.17.3.1 Use of Canteen Profits for
Page 584 and 585:
“POWs of equivalent rank” refer
Page 586 and 587:
POWs, the beneficiaries of the paym
Page 588 and 589:
9.18.6.3 Periodic Notification of t
Page 590 and 591:
9.19.1.2 Labor Assignment - Officer
Page 592 and 593:
9.19.3.1 Application of National Le
Page 594 and 595:
Power on which they depend, through
Page 596 and 597:
inferior to that which is provided
Page 598 and 599:
the POWs’ accounts with the Detai
Page 600 and 601:
The special agreements referred to
Page 602 and 603:
territories under its control. 466t
Page 604 and 605:
in them to deterioration; except in
Page 606 and 607:
9.22.2 POWs’ Status With Respect
Page 608 and 609:
equivalent rank. 509 Titles and ran
Page 610 and 611:
9.23.1.1 Making Requests and Compla
Page 612 and 613:
she represents. 539 Thus, POWs dist
Page 614 and 615:
has the right to commence his or he
Page 616 and 617:
• proposing repatriation for cert
Page 618 and 619:
any offenses committed by POWs. 589
Page 620 and 621:
9.25.2 Unsuccessful Escapes. POWs w
Page 622 and 623:
9.25.4 Special Surveillance of POWs
Page 624 and 625:
9.26.4 Retention of Benefits of the
Page 626 and 627:
9.27.1 POW Camp Authorities Who May
Page 628 and 629:
The duration of any single punishme
Page 630 and 631:
entrusted to the POW Representative
Page 632 and 633:
Any period spent by a POW in confin
Page 634 and 635:
held in camera in the interest of S
Page 636 and 637:
9.28.7 Conditions for POWs Serving
Page 638 and 639:
9.29.3 Procedures for Transfer of P
Page 640 and 641:
9.31 NATIONAL ACCOUNTING OF THE DET
Page 642 and 643:
Within the shortest possible period
Page 644 and 645:
States whose nationals benefit from
Page 646 and 647:
• death certificates of POWs; 782
Page 648 and 649:
9.33 ACCESS TO POWS BY THE PROTECTI
Page 650 and 651:
9.34.1 Transmittal of Wills. The De
Page 652 and 653:
Registration Service established by
Page 654 and 655:
9.35.2 Release and Repatriation of
Page 656 and 657:
9.36.2.1 Categories of Wounded, Inj
Page 658 and 659:
present themselves for examination
Page 660 and 661:
9.37.1 Agreements on POW Release an
Page 662 and 663:
For example, the availability of ma
Page 664 and 665:
POWs against whom criminal proceedi
Page 666 and 667:
POWs who are to be moved must be id
Page 668 and 669:
punishment. 928 In addition, any pe
Page 670 and 671:
9.39.2 Background on the U.S. Code
Page 672 and 673:
10.1 INTRODUCTIONThis Chapter addre
Page 674 and 675:
agreements or in subsequent agreeme
Page 676 and 677:
Although the GC addresses the prote
Page 678 and 679:
10.3.3 Categories of Nationals Spec
Page 680 and 681:
In the case of occupied territory,
Page 682 and 683:
10.4.4 Limits on Derogation. In eac
Page 684 and 685:
The GC’s prohibition against the
Page 686 and 687:
10.6 MEASURES OF CONTROL AND SECURI
Page 688 and 689:
Similarly, if the Occupying Power c
Page 690 and 691:
provisions of Article 40, be equal
Page 692 and 693:
10.8.2 Departures of Protected Pers
Page 694 and 695:
10.8.3.2 Responsibility Upon Transf
Page 696 and 697:
or who have been released from inte
Page 698 and 699:
hostilities to conclude agreements
Page 700 and 701:
in the daytime from the air. 182 Th
Page 702 and 703:
egard to hygiene and health, and pr
Page 704 and 705:
10.13 FOOD, WATER, TOBACCO, AND CLO
Page 706 and 707:
10.14.1.2 Right of Internees to Pre
Page 708 and 709:
10.15.1 Premises for Religious Serv
Page 710 and 711:
To advance educational opportunitie
Page 712 and 713:
10.17.3 Working Conditions. The Det
Page 714 and 715:
The amounts shall be paid into the
Page 716 and 717:
10.20 ADMINISTRATION OF PLACES OF I
Page 718 and 719:
Internees shall also have the right
Page 720 and 721:
10.22.2 Duties of Internee Committe
Page 722 and 723:
10.22.3.2 Assistants for the Member
Page 724 and 725:
10.23.2.2 No Delay in Correspondenc
Page 726 and 727:
The special agreements provided for
Page 728 and 729:
10.23.4.4 Costs of Transporting Rel
Page 730 and 731:
complaints, petitions, and reports
Page 732 and 733:
For the purpose of enabling interne
Page 734 and 735:
This requirement does not compel th
Page 736 and 737:
does not absolve the commandant of
Page 738 and 739:
• confinement. 471The duration of
Page 740 and 741:
epresentatives of the Protecting Po
Page 742 and 743:
provide an advocate or counsel. 499
Page 744 and 745:
territory, or the possibility of pr
Page 746 and 747:
movement by foot, the Detaining Pow
Page 748 and 749:
• the name and address of the per
Page 750 and 751:
from the Central Information Agency
Page 752 and 753:
ole of the Central Information Agen
Page 754 and 755:
• receiving up-to-date lists of l
Page 756 and 757:
constituted in occupied territory,
Page 758 and 759:
internees depended, through the Nat
Page 760 and 761:
no person shall be transferred to a
Page 762 and 763:
XI - Military OccupationChapter Con
Page 764 and 765:
This manual uses the terms “milit
Page 766 and 767:
The 1954 Hague Cultural Property Co
Page 768 and 769:
post-war situations (except for cer
Page 770 and 771:
the occupied territory. 40 For exam
Page 772 and 773:
The fact of occupation also imposes
Page 774 and 775:
11.2.2.2 “Under the Authority”
Page 776 and 777:
However, there is no specific legal
Page 778 and 779:
prevent the Occupying Power from ac
Page 780 and 781:
inhabitants of occupied territory.
Page 782 and 783:
as possible, public order and safet
Page 784 and 785:
occupied territory. 112 Specific co
Page 786 and 787:
no part whatever in the hostilities
Page 788 and 789:
11.8 ADMINISTRATION OF OCCUPIED TER
Page 790 and 791:
11.8.6 Civilian or Military Nature
Page 792 and 793:
inconsistent with the earlier law.
Page 794 and 795:
or repeal of existing laws, and of
Page 796 and 797:
11.11 CRIMINAL LAW IN OCCUPIED TERR
Page 798 and 799:
The Occupying Power may reform or e
Page 800 and 801:
punishable under the law in force a
Page 802 and 803:
occupied might repeal the death pen
Page 804 and 805:
The practical arrangements for the
Page 806 and 807:
persons; (2) that evacuations or tr
Page 808 and 809:
nationality, language, and religion
Page 810 and 811:
spread of contagious diseases and e
Page 812 and 813:
Religious assistance addressed by t
Page 814 and 815:
The occupation authorities may limi
Page 816 and 817:
However, such assessment must be ma
Page 818 and 819:
For example, private property may n
Page 820 and 821:
The term usufruct means literally
Page 822 and 823:
11.18.6.2 Seizure of Private Proper
Page 824 and 825:
of wounded personnel awaiting evacu
Page 826 and 827:
Should it prove necessary to take m
Page 828 and 829:
11.20.1.3 Prohibition Against Requi
Page 830 and 831:
• sanitary authorities;whether em
Page 832 and 833:
11.20.4 Voluntary Work Not Prohibit
Page 834 and 835:
duties conscientiously and not to a
Page 836 and 837:
If, due to the flight or unwillingn
Page 838 and 839:
not be taxed, 431 but the property
Page 840 and 841:
permissible. 444 Additionally, if t
Page 842 and 843:
11.22.4.2 Existing Debts Owed by th
Page 844 and 845:
The Occupying Power may also set ex
Page 846 and 847:
11.23.3 Control of Business in Occu
Page 848 and 849:
otherwise circumvent the restrictio
Page 850 and 851:
States may authorize their military
Page 852 and 853:
• to establish safe-conduct prote
Page 854 and 855:
• through the traditional mechani
Page 856 and 857:
information, or with the purpose of
Page 858 and 859:
include, for example, a driver and
Page 860 and 861:
Such acts of treachery include sabo
Page 862 and 863:
The terms military passport and saf
Page 864 and 865:
12.6.3.3 Safe-Conducts Contemplated
Page 866 and 867:
12.6.5 Revocation of Passports, Saf
Page 868 and 869:
communicate with his or her superio
Page 870 and 871:
12.8.5 General Effect of Capitulati
Page 872 and 873:
that has surrendered. Officers have
Page 874 and 875:
12.11 ARMISTICES AND OTHER CEASE-FI
Page 876 and 877:
General armistices are usually of a
Page 878 and 879:
provided always that the enemy is w
Page 880 and 881:
armistice; (3) the relations betwee
Page 882 and 883:
eleased or exchanged, specific prov
Page 884 and 885:
• the utilization of the occasion
Page 886 and 887:
Nations conclude cease-fire or armi
Page 888 and 889:
For example, the law of the sea pro
Page 890 and 891:
• determining the legal boundarie
Page 892 and 893:
United States claimed a three-nauti
Page 894 and 895:
13.2.3.1 High Seas Freedoms. States
Page 896 and 897:
of an archipelagic State. 51 No Sta
Page 898 and 899:
13.3.3.1 Entitlement of Vessels to
Page 900 and 901:
• taking to lifeboats.13.4 ENEMY
Page 902 and 903:
practicable, the personal effects o
Page 904 and 905:
Other civilian enemy nationals on b
Page 906 and 907:
navigational technology (e.g., glob
Page 908 and 909:
The immediate area or vicinity of n
Page 910 and 911:
over that airspace. 130 The right o
Page 912 and 913:
Zones may not be employed for the p
Page 914 and 915:
y a declaration of the belligerent
Page 916 and 917:
equirement of effectiveness does no
Page 918 and 919:
Attempted breach of a blockade occu
Page 920 and 921:
13.11.2 Peacetime Mining. Naval min
Page 922 and 923:
mines have been laid. This notice m
Page 924 and 925:
13.11.3.7 Neutralization of Naval M
Page 926 and 927:
The rules concerning deception by b
Page 928 and 929:
States affected, whether as bellige
Page 930 and 931:
civil aircraft.” 18 Assuming that
Page 932 and 933:
• airspace over that State’s la
Page 934 and 935:
Under Article 3 of the 1944 Chicago
Page 936 and 937:
14.3 AIRCRAFT STATUS14.3.1 State Ve
Page 938 and 939:
Belligerent military aircraft gener
Page 940 and 941:
14.4.3aircrew.Downed Aircrew. There
Page 942 and 943:
In addition, interception may not b
Page 944 and 945:
international airspace. Such zones
Page 946 and 947:
the rights and obligations of State
Page 948 and 949:
equirement to use precision-guided
Page 950 and 951:
Outer space may be viewed as analog
Page 952 and 953:
space is the same as its applicatio
Page 954 and 955:
other international law. 166 This i
Page 956 and 957:
XV - The Law of NeutralityChapter C
Page 958 and 959:
impartiality to which neutrals have
Page 960 and 961:
addition, a State may have an oblig
Page 962 and 963:
State to observe the duties of neut
Page 964 and 965:
15.2.3.1 Consistency Between the Ru
Page 966 and 967:
15.2.4 Neutrality Under Regional an
Page 968 and 969:
15.3.2.1 Duty to Refrain From Provi
Page 970 and 971:
15.3.3 Correlative or Reciprocal Na
Page 972 and 973:
for self-defense, belligerent force
Page 974 and 975:
neutral State’s ports and waters
Page 976 and 977:
Neutral States shall not oppose the
Page 978 and 979:
For example, neutral persons who ma
Page 980 and 981:
In the event that such a person is
Page 982 and 983:
• a neutral State’s exclusive e
Page 984 and 985:
15.7.4.1 Right of Entry in Distress
Page 986 and 987:
Belligerent State forces exercising
Page 988 and 989:
A belligerent warship may not leave
Page 990 and 991:
If the prize does not leave as soon
Page 992 and 993:
situation would fall under the gene
Page 994 and 995:
This rule on railway material has s
Page 996 and 997:
Whether it is possible to distingui
Page 998 and 999:
and contraband goods may be capture
Page 1000 and 1001:
A similar procedure was used during
Page 1002 and 1003:
nationality are exempt from visit a
Page 1004 and 1005:
vessels or aircraft also may be dee
Page 1006 and 1007:
y a belligerent as enemy merchant v
Page 1008 and 1009:
capture of neutral-flagged vessels
Page 1010 and 1011:
15.15.4.2 Enemy Nationals Found Onb
Page 1012 and 1013:
If such measures were not taken, th
Page 1014 and 1015:
Provisions of the GWS and GWS-Sea a
Page 1016 and 1017:
elong. Similarly, captured war mate
Page 1018 and 1019:
Such special agreements must not ad
Page 1020 and 1021:
care of the neutral State, must be
Page 1022 and 1023:
16.1.1 Cyberspace as a Domain. As a
Page 1024 and 1025:
The law of war affirmatively antici
Page 1026 and 1027:
that cripple a military’s logisti
Page 1028 and 1029:
16.3.3.3 Responses to Hostile or Ma
Page 1030 and 1031:
and that a neutral State would have
Page 1032 and 1033:
addition, the economic harms in the
Page 1034 and 1035:
the potential to produce less incid
Page 1036 and 1037:
indiscriminate weapon. 7878 United
Page 1038 and 1039:
etween non-international armed conf
Page 1040 and 1041:
“small wars” has also been used
Page 1042 and 1043:
international armed conflict. Certa
Page 1044 and 1045:
• the Amended CCW, including Prot
Page 1046 and 1047:
following guidelines may be helpful
Page 1048 and 1049:
internees under the GPW and GC, res
Page 1050 and 1051:
As a practical matter, non-State ar
Page 1052 and 1053:
17.4 A STATE’S USE OF ITS DOMESTI
Page 1054 and 1055:
17.4.2 Emergency Laws and Regulatio
Page 1056 and 1057:
17.5 PRINCIPLE OF DISTINCTION IN NI
Page 1058 and 1059:
17.5.2 Distinguishing State Forces
Page 1060 and 1061:
17.6.6 Prohibition on Offering of R
Page 1062 and 1063:
17.8 IMPARTIAL HUMANITARIAN ORGANIZ
Page 1064 and 1065:
population, such as foodstuffs, agr
Page 1066 and 1067:
17.11.2 Obligations to Respect Cult
Page 1068 and 1069:
17.13 WEAPONS IN NIAC17.13.1 Prohib
Page 1070 and 1071:
The respect and protection afforded
Page 1072 and 1073:
hostile acts, outside their humanit
Page 1074 and 1075:
detention of protected persons in i
Page 1076 and 1077:
The consent of the territorial Stat
Page 1078 and 1079:
17.18.3 States’ Support to Other
Page 1080 and 1081:
18.1.1 DoD Policy on Implementing a
Page 1082 and 1083:
18.1.3 International or Multi-Natio
Page 1084 and 1085:
18.2.3 Maintaining Public Support a
Page 1086 and 1087:
18.3.2.2 Commands and Orders Should
Page 1088 and 1089:
there is no absolute or automatic r
Page 1090 and 1091:
Working Group develops and coordina
Page 1092 and 1093:
policy has required, as a general m
Page 1094 and 1095:
18.7.1 Treaty Provisions Specifical
Page 1096 and 1097:
their interpretation of the obligat
Page 1098 and 1099:
crimes committed by all persons, in
Page 1100 and 1101:
• torture or inhuman treatment, i
Page 1102 and 1103:
Such measures may also be understoo
Page 1104 and 1105:
18.9.5.3 War Crimes - Serious Viola
Page 1106 and 1107:
18.12.1 Investigation by the U.N. S
Page 1108 and 1109:
aspects of the jurisdiction of the
Page 1110 and 1111:
policy has been in addition to othe
Page 1112 and 1113:
een established, the parties to the
Page 1114 and 1115:
The State appointed to be a Protect
Page 1116 and 1117:
18.15.4 Lending of Good Offices to
Page 1118 and 1119:
18.16.3 Payment or Other Compensati
Page 1120 and 1121:
Because retorsion, by definition, d
Page 1122 and 1123:
18.18.2.2 Exhaustion of Other Means
Page 1124 and 1125:
• hospital ships. 211Measures of
Page 1126 and 1127:
insofar as their interpretation doe
Page 1128 and 1129:
members of a State’s armed forces
Page 1130 and 1131:
This provision may also be used to
Page 1132 and 1133:
abroad, even though Uniform Code of
Page 1134 and 1135:
member of the U.S. Armed Forces, wh
Page 1136 and 1137:
18.20.2 International Criminal Trib
Page 1138 and 1139:
provides that the ICC may not proce
Page 1140 and 1141:
More recently, hybrid tribunals hav
Page 1142 and 1143:
In the past, neutral States general
Page 1144 and 1145:
perform. 302 On the other hand, as
Page 1146 and 1147:
law is responsible therefor and lia
Page 1148 and 1149:
In cases in which the illegality of
Page 1150 and 1151:
18.23.3 Command Responsibility. Com
Page 1152 and 1153:
commission. 344 This theory of liab
Page 1154 and 1155:
offense under the Military Commissi
Page 1156 and 1157:
• cases of co-perpetration where
Page 1158 and 1159:
XIX Documentary Appendix - Notes on
Page 1160 and 1161:
• Hague Convention IX of October
Page 1162 and 1163:
19.2.2 Arms Control Agreements to W
Page 1164 and 1165:
• Second Protocol to the Hague Co
Page 1166 and 1167:
the Lieber Code reflect 19th centur
Page 1168 and 1169:
calculated to cause unnecessary suf
Page 1170 and 1171:
November 27, 1909. 88 This treaty w
Page 1172 and 1173:
19.8.2.2 Relationship Between the 1
Page 1174 and 1175:
take effect on the deposit of all t
Page 1176 and 1177:
This treaty followed the 1899 Decla
Page 1178 and 1179:
19.14 1930 LONDON TREATY FOR THE LI
Page 1180 and 1181:
The 1949 Geneva Conventions followe
Page 1182 and 1183:
addresses non-international armed c
Page 1184 and 1185:
In general, the GC uses the concept
Page 1186 and 1187:
19.18 VIENNA CONVENTION ON THE LAW
Page 1188 and 1189:
This manual references AP I provisi
Page 1190 and 1191:
• reprisals. 22119.20.2 AP II. Pr
Page 1192 and 1193:
an amended Protocol II; (2) Protoco
Page 1194 and 1195:
Similarly, before the United States
Page 1196 and 1197:
Protocol includes more detailed res
Page 1198 and 1199:
is prohibited by the rule against w
Page 1200 and 1201:
advice and consent to ratification,
Page 1202 and 1203:
supported ICC efforts in certain ca
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