5cjxburmr

5.26.3 Bribery or Offering of Rewards. In general, it is permissible to offer rewards forassistance in the conduct of hostilities, including rewards intended to corrupt enemy combatantsor civilians. 731 Rewards, however, may not be offered for the commission of violations of thelaw of war, and rewards may not be offered for the killing of enemy persons.5.26.3.1 Prohibition on Offering Rewards for Enemy Persons Dead or Alive. It isforbidden to place a price on the head of enemy persons or to offer a reward for enemy persons“dead or alive.” 732 Such actions encourage the denial of quarter or encourage private persons totake up arms whose participation in hostilities is often undisciplined and associated with thecommission of war crimes. 733 This prohibition extends to offers of rewards for the killing orwounding of all enemies, including specific individuals or a class of enemy persons (e.g.,officers).However, this rule would not prohibit offering rewards for the capture of unharmedenemy personnel generally or of particular enemy personnel. 734 Similarly, this rule does notprohibit offering rewards for information that may be used by combatants to conduct militaryoperations that attack enemy combatants.5.27 PROHIBITION AGAINST COMPELLING ENEMY NATIONALS TO TAKE PART IN THE OPERATIONSOF WAR DIRECTED AGAINST THEIR OWN COUNTRYDuring international armed conflict, it is prohibited to compel the nationals of the hostileparty to take part in the operations of war directed against their own country, even if they were inthe belligerent’s service before the commencement of the war. 735 Underlying this prohibition isthe principle that States must not compel foreign nationals to commit treason or otherwise toviolate their allegiance to their country. 736731 1958 UK MANUAL 313 (“It is not unlawful to employ spies; or to corrupt enemy civilians or soldiers by bribesin order to induce them to give information, to desert with or without technical equipment, new weapons, vehicles oraircraft, to surrender, to rebel, or to mutiny; or to give false information to the enemy.”).732 1956 FM 27-10 (Change No. 1 1976) 31 (Article 23 of the Hague IV Regulations “is construed as prohibiting …putting a price upon an enemy’s head, as well as offering a reward for an enemy ‘dead or alive.’”).733 Refer to § 4.18.3 (Private Persons Who Engage in Hostilities – Lack of the Privileges of Combatant Status).734 See 2004 UK MANUAL 5.14.1 (“[O]ffers of rewards for the capture unharmed of enemy personnel generally orof particular enemy personnel would be lawful.”).735 HAGUE IV REG. art. 23 (“A belligerent is likewise forbidden to compel the nationals of the hostile party to takepart in the operations of war directed against their own country, even if they were in the belligerent’s service beforethe commencement of the war.”).736 See Johnson v. Eisentrager, 339 U.S. 763, 773 (1950) (“The United States does not invoke this enemy allegianceonly for its own interest, but respects it also when to the enemy’s advantage. In World War I, our conscription actdid not subject the alien enemy to compulsory military service. 40 Stat. 885, c. XII, § 4. The Selective Service Actof 1948, 62 Stat. 604, 50 U.S.C. Appendix, § 454(a), exempts aliens who have not formally declared their intentionto become citizens from military training, service and registration, if they make application, but if so relieved, theyare barred from becoming citizens. Thus, the alien enemy status carries important immunities, as well asdisadvantages. The United States does not ask him to violate his allegiance or to commit treason toward his owncountry for the sake of ours. This also is the doctrine and the practice of other states comprising our WesternCivilization.”).310