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civilian police forces for the purpose of maintaining local law and order would not cause a citydesignated as undefended to lose that status. 3805.15.4.2 No Hostile Use of Fixed Military Facilities. No hostile use shall be madeof fixed military installations or establishments within the city. 3815.15.4.3 No Hostile Acts Against the Occupying Force. Hostile acts may not becommitted by the local civilian authorities or the civilian population against the occupyingmilitary force. 3825.15.4.4 No Activities in Support of Military Operations. No activities in supportof military operations may be undertaken. 383 For example, factories in the city should not beused to manufacture munitions, and ports or railroads should not be used to transport militarysupplies. 3845.15.5 Agreements to Establish Undefended Cities. Even if the conditions describedabove are not met, parties to a conflict may agree between themselves to treat an area as anundefended city. 385 The agreement should be in writing and should define and describe, asprecisely as possible, the limits of the undefended city (such as the exact geographic limits of the380 1956 FM 27-10 (Change No. 1 1976) 39b (“The presence, in the place, of medical units, wounded and sick, andpolice forces retained for the sole purpose of maintaining law and order does not change the character of such anundefended place.”). Consider AP I art. 59(3) (“The presence, in this locality, of persons specially protected underthe Conventions and this Protocol, and of police forces retained for the sole purpose of maintaining law and order, isnot contrary to the conditions laid down in paragraph 2.”). Compare § 4.23.1 (Police as Civilians).381 See 1956 FM 27-10 (Change No. 1 1976) 39b (“In order to be considered as undefended, the followingconditions should be fulfilled: … (2) no hostile use shall be made of fixed military installations or establishments;”).Consider AP I art. 59(2) (requiring that in a non-defended locality “(b) No hostile use shall be made of fixedmilitary installations or establishments;”).382 See 1956 FM 27-10 (Change No. 1 1976) 39b (“In order to be considered as undefended, the followingconditions should be fulfilled: … (3) no acts of warfare shall be committed by the authorities or by thepopulation;”). Consider AP I art. 59(2) (requiring that in a non-defended locality “(c) No acts of hostility shall becommitted by the authorities or by the population;”).383 See 1956 FM 27-10 (Change No. 1 1976) 39b (“In order to be considered as undefended, the followingconditions should be fulfilled: … (4) no activities in support of military operations shall be undertaken.”). ConsiderAP I art. 59(2) (requiring that in a non-defended locality “(d) No activities in support of military operations shall beundertaken.”).384 For example, F.D. ROOSEVELT & S. ROSENMAN, THE PUBLIC PAPERS AND ADDRESSES OF FRANKLIN D.ROOSEVELT: 1943 VOLUME 309 (1950) (“The Nine Hundred and Tenth Press Conference (Excerpts) July 23, 1943(Rome as a military center - Bombing of Rome) Q. Mr. President, is there any comment you can make, sir, uponestablishing Rome as an open city? THE PRESIDENT: I think the easiest thing is to tell you in general what hasbeen happening for over a year. We have been very anxious to have Rome declared an open city. However, theFascists would not do it; and on the contrary, it has become—probably was then—a very important military center.That means they were making munitions, and using airports very close to Rome-actually in Rome, and the use ofRome because it’s a railroad center for transportation of troops, guns, and ammunition down to the south of Rome.And we used every argument, and pleaded that it be made an open city. But it didn’t work. We did our best. Andwe still hope that the Germans and the Fascists will make it an open city.”).385 Consider AP I art. 59(5) (“The Parties to the conflict may agree on the establishment of non-defended localitieseven if such localities do not fulfil the conditions laid down in paragraph 2.”).257

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