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Detaining Power shall take all suitable precautions to ensure their safety during evacuation, andshall establish as soon as possible a list of the POWs who are evacuated. 171Provided that the requirements of humane treatment are met, the Detaining Power maysubject POWs to security measures while evacuating them away from the combat zone. Forexample, POWs may be handcuffed, flex-cuffed, or blindfolded for security reasons. 1729.9.3 Release Under Unusual Conditions Rather Than Evacuation. When personsentitled to protection as POWs have fallen into the power of an adverse party under unusualconditions of combat that prevent their evacuation as provided for in Part III, Section I, of theGPW, they may be released, provided that feasible precautions are taken to ensure their safety. 173Release in such circumstances is permissible, but is not required. 174enemy forces may give their parole. 175In some cases,9.9.3.1 Unusual Conditions of Combat Preventing Evacuation. Unusualconditions of combat may include airborne operations, commando raids, and long-rangereconnaissance patrols. 1769.9.3.2 Feasible Precautions to Ensure Safety. POWs may be released in thesecircumstances only if feasible precautions are taken to ensure their safety. 177 For example, a171 GPW art. 20 (“The Detaining Power shall take all suitable precautions to ensure their safety during evacuation,and shall establish as soon as possible a list of the prisoners of war who are evacuated.”).172 Refer to § 9.6 (Security Measures With Respect to POWs).173 Consider AP I art. 41(3) (“When persons entitled to protection as prisoners of war have fallen into the power ofan adverse Party under unusual conditions of combat which prevent their evacuation as provided for in Part III,Section I, of the Third Convention, they shall be released and all feasible precautions shall be taken to ensure theirsafety.”).174 Cf. APPENDIX TO 1985 CJCS MEMO ON AP I, ANNEX-3 (providing a draft proposed understanding to AP I: “9. Itis the understanding of the United States that Article 41, paragraph 3 [of AP I], does not obligate a Detaining Powerto release prisoners of war simply because these individuals cannot be immediately evacuated from a combat zone.The United States continues to recognize, however, an obligation to provide for the safety of such personnel.”);2004 UK MANUAL 8.32.1 (“If, because of unusual conditions of combat, it is not possible to evacuate prisoners ofwar, they are to be released and all feasible precautions taken to ensure their safety. There is no obligation to releaseprisoners of war in circumstances in which safe evacuation is temporarily impossible. In such cases, prisoners ofwar may be held until release or evacuation is possible. There is, however, a continuing obligation to take allfeasible measures to provide for the safety of such prisoners of war so long as they remain in the custody of thedetaining power. This principle admits of no exception even in the case of airborne, commando, or special forcesoperations, although the circumstances of the operation may necessitate rigorous supervision of and restraint uponthe movement of prisoners of war.”).175 Refer to § 9.11.2 (Parole of POWs).176 BOTHE, PARTSCH, & SOLF, NEW RULES 224 (AP I art. 41, 2.4) (“Articles 19 and 20 of the Third Conventionrequire the prompt and humane evacuation of prisoners of war from the combat zone to places out of the dangerarea. In certain types of operations, particularly airborne operations, commando raids, and long rangereconnaissance patrols, compliance with these articles is clearly impractical, and there has been dispute as to what isrequired in such cases.”).177 Refer to § 5.3.3.2 (What Precautions Are Feasible).535

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