10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

or (3) to impede enemy military operations. Thus, their use may be improper even when that usedoes not involve killing or wounding, and they may not be used to facilitate espionage (exceptfor signs, emblems, or uniforms of a neutral or non-belligerent State). The following types ofsigns are subject to this broader rule against improper use:5.24.1 Signs, Emblems, or Uniforms of a Neutral or Non-Belligerent State. Duringinternational armed conflict, the use of signs, emblems, or uniforms of a neutral or other nationnot a party to the conflict is prohibited. 674However, recognized exceptions exist concerning espionage 675 and warfare at sea. 6765.24.2 Distinctive Emblems of the Geneva Conventions (e.g., Red Cross). Thedistinctive emblems of the red cross, red crescent, and red crystal are symbols that identifymilitary medical and religious personnel, medical units, and medical transports, or certain othercategories of persons engaged in humanitarian work as personnel and objects entitled to specialprotection. 677 These emblems may not be used except to identify these protected persons andobjects. 6785.24.3 Markings for POW or Civilian Internee Camps. Only POW camps under theGPW should be marked using internationally agreed symbols, such as the PW or PGdesignation. 679Only civilian internee camps under the GC should be marked with an IC designation. 680674 Consider AP I art. 39(1) (“It is prohibited to make use in an armed conflict of the flags or military emblems,insignia or uniforms of neutral or other States not Parties to the conflict.”); AP I art. 37(1)(d) (giving as an exampleof perfidy the feigning of protected status by the use of signs, emblems or uniforms “of neutral or other States notParties to the conflict.”); BOTHE, PARTSCH, & SOLF, NEW RULES 213 (AP I art. 39, 2.2) (“The purpose behind therule is to avoid escalation of armed conflict to neutral countries in the mistaken belief that the neutral State hadabandoned its neutrality.”).675 See SPAIGHT, WAR RIGHTS ON LAND 203-04 (“The spy in modern war is usually a soldier who dons civiliandress, or the uniform of the enemy, or of a neutral country; and in all these cases, he would be liable to punishment,apart from this article, for assuming a disguise to further a hostile act.”). Although Article 37(1)(d) of AP I lists“[t]he feigning of protected status by the use of signs, emblems or uniforms ... of neutral or other States not Partiesto the conflict” as an example of perfidy, and Article 39(1) prohibits the “use in an armed conflict of the flags ormilitary emblems, insignia or uniforms of neutral or other States not Parties to the conflict,” Article 39(3) of AP Iclarifies that “[n]othing in this Article or in Article 37, paragraph 1 (d), shall affect the existing generally recognizedrules of international law applicable to espionage ... .”676 APPENDIX TO 1985 CJCS MEMO ON AP I 28 (“Article 39, paragraph 1, of the Protocol prohibits the use of neutralflags, uniforms or emblems in armed conflict. This is already a rule of customary law, to which recognizedexceptions exists governing espionage and warfare at sea. The exceptions are preserved by paragraph 3 of theArticle.”). Refer to § 13.13.1 (Belligerent Warship’s Use of False Colors and Other Disguises).677 Refer to § 7.15 (Display of the Distinctive Emblem to Facilitate Identification).678 Refer to § 7.15.4 (Prohibitions on Unauthorized Uses of the Distinctive Emblem).679 Refer to § 9.11.4.3 (Marking of POW Camps).680 Refer to § 10.11.1.3 (Marking of Internment Camps).301

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!