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5.19.1.1 Belligerent Authority to Exercise Control in the Immediate Vicinity ofMilitary Operations. The conduct of a siege or encirclement may require the imposition ofmeasures of control to ensure that outsiders may not deliver supplies to enemy forces. Thus, theright to conduct a siege or encirclement impliedly recognizes the authority of the militarycommander to exercise control (e.g., stopping, searching, and diverting traffic) over civiliansand other persons in the immediate vicinity of military operations. For example, commandersmay also impose certain restrictions on neutral vessels or aircraft (such as restrictingcommunications) within the immediate vicinity of the belligerent’s operations. 5925.19.2 Removal and Passage of Certain Personnel – Vulnerable Civilians, Diplomatic andConsular Personnel, the Wounded and Sick, and Medical Personnel. Although the commanderof the force laying siege has the right to forbid all communications and access between thebesieged place and the outside, the parties to the conflict should attempt to conclude localagreements for the removal of wounded, sick, infirm and aged persons, children, and maternitycases, or for the passage of ministers of all religions, medical personnel, and medical equipmenton their way to such areas. 593 Concluding such agreements is not compulsory. A commander ofan encircling force is not required to agree to the passage of medical or religious personnel,supplies, and equipment if he or she has legitimate military reasons denying such requests (e.g.,if denying passage may increase the likelihood of surrender of enemy forces in the encircledarea). Nonetheless, commanders should make reasonable, good-faith efforts to do so whenpossible. 594Diplomatic and consular personnel of a neutral State should not be prevented fromleaving a besieged place before hostilities commence, but this privilege cannot be claimed whilehostilities are in progress. If diplomatic and consular personnel of a neutral State voluntarilydecide to remain, they are subject to the same risks as other inhabitants. 5955.19.3 Passage of Relief Consignments. Commanders should make arrangements topermit the free passage of certain consignments:592 Refer to § 13.8 (Belligerent Control of the Immediate Area of Naval Operations); § 14.6 (Belligerent Control ofAviation in the Immediate Vicinity of Hostilities).593 GC art. 17 (“The Parties to the conflict shall endeavour to conclude local agreements for the removal frombesieged or encircled areas, of wounded, sick, infirm, and aged persons, children and maternity cases, and for thepassage of ministers of all religions, medical personnel and medical equipment on their way to such areas.”); GWSart. 15 (“Likewise, local arrangements may be concluded between Parties to the conflict for the removal or exchangeof wounded and sick from a besieged or encircled area, and for the passage of medical and religious personnel andequipment on their way to that area.”); GWS-SEA art. 18 (“Whenever circumstances permit, the Parties to theconflict shall conclude local arrangements for the removal of the wounded and sick by sea from a besieged orencircled area and for the passage of medical and religious personnel and equipment on their way to that area.”).594 GC COMMENTARY 139 (“The words ‘The Parties to the conflict shall endeavor’ show that under the Conventionevacuation is not compulsory; belligerents should nevertheless regard this provision as a very strongrecommendation to arrange for evacuation whenever it is in the interest of the civilian population and the militarysituation makes it possible.”).595 1956 FM 27-10 (Change No. 1 1976) 44b (“Diplomatic and consular personnel of a neutral State should not beprevented from leaving a besieged place before hostilities commence, but this privilege cannot be claimed whilehostilities are in progress. Should they voluntarily decide to remain, they must undergo the same risks as otherinhabitants.”).289

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