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.

In the case of occupied territory, the application of the GC shall cease one year after thegeneral close of military operations; however, the Occupying Power shall be bound, for theduration of the occupation, to the extent that such Power exercises the functions of governmentin such territory, by the provisions of the following Articles of the GC: 1 through 12, 27, 29through 34, 47, 49, 51, 52, 53, 59, 61 through 77, and 143. 51Protected persons whose release, repatriation, or re-establishment may take place aftersuch dates shall meanwhile continue to benefit from the protection of the GC. 52 “Reestablishment”refers to protected persons who cannot be repatriated because, for example, theywould be liable to persecution in their own country or because their homes have beendestroyed. 5310.3.5 State Responsibility for Its Agents’ Treatment of Protected Persons. A party to theconflict is responsible for the treatment accorded to protected persons by its agents, irrespectiveof any individual responsibility that may be incurred. 5410.3.6 Non-Renunciation of Rights Secured by the GC. Protected persons may in nocircumstances renounce in part or in entirety the rights secured to them by the GC or by specialagreements, if any, referred to in Article 7 of the GC. 55 A similar provision of the GPW appliesto POWs, and similar provisions of the GWS and GWS-Sea apply to the wounded, sick,shipwrecked, and military medical and religious personnel. 56the sides, the question is harder to settle. It must be agreed that in most cases the general close of militaryoperations will be the final end of all fighting between all those concerned.”).51 Refer to § 11.3.2 (Duration of GC Obligations in the Case of Occupied Territory).52 GC art. 6 (“Protected persons whose release, repatriation or re-establishment may take place after such dates shallmeanwhile continue to benefit by the present Convention.”).53 1956 FM 27-10 (Change No. 1 1976) 249b (“Reestablishment of Protected Persons. The word‘reestablishment,’ as used in a, refers to protected persons who cannot be repatriated because, for example, theywould be liable to persecution in their own country, or because their homes have been destroyed.”). See also GCCOMMENTARY 64 (“The time when the Convention as a whole ceases to apply, both in the territory of the Parties tothe conflict and in occupied territory, may quite conceivably come before the protected persons have been able toresume a normal existence, especially if they have to be repatriated or assisted to resettle. … The word‘resettlement’ is used in regard to protected persons who cannot be repatriated for one reason or another and are notallowed to settle permanently in the country where they are living. In such cases another country must be foundwhere they will be received and allowed to settle. It was in particular the experience gained at the end of the SecondWorld War which led to the adoption of this clause.”).54 GC art. 29 (“The Party to the conflict in whose hands protected persons may be, is responsible for the treatmentaccorded to them by its agents, irrespective of any individual responsibility which may be incurred.”). Refer to§ 18.9.1 (State Responsibility for Violations of the Law of War by Its Armed Forces).55 GC art. 8 (“Protected persons may in no circumstances renounce in part or in entirety the rights secured to themby the present Convention, and by the special agreements referred to in the foregoing Article, if such there be.”).Refer to § 10.1.1.2 (Special Agreements Under the GC).56 Refer to § 7.2.2 (Non-Renunciation of Rights Secured by the GWS or GWS-Sea); § 9.3.7 (Non-Renunciation ofRights Secured by the GPW).653

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

Saved successfully!

Ooh no, something went wrong!