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.

10.6 MEASURES OF CONTROL AND SECURITYThe parties to the conflict may take such measures of control and security in regard toprotected persons as may be necessary as a result of the war. 89 For example, in a belligerent’shome territory, measures of control are normally taken with respect to, at the very least, personsknown to be active or reserve members of a hostile army, persons who would be liable to servicein the enemy forces, and persons who it is expected would furnish information or other aid to ahostile State. 90These measures may include, for example, requiring protected persons: (1) to registerwith and report periodically to the police authorities; (2) to carry identity cards or special papers;(3) to refrain from carrying weapons; (4) to refrain from changing their place of residencewithout permission; (5) to refrain from accessing certain areas; (6) to have an assigned residence;and (7) to be interned. 91This section addresses searches, interrogation, and general rules for measures of controland security applied to protected persons, which must be applied consistent with humanetreatment requirements. 9210.6.1 General Authority of a Belligerent to Search and Secure Protected Persons andTheir Property. The measures of control and security that a belligerent may take in regard toprotected persons include searching and securing protected persons and their property whennecessary as a result of the war (e.g., for security reasons and intelligence purposes). 9310.6.1.1 Searches of Protected Persons. The dignity and honor of the protectedperson being searched should be protected to the greatest degree possible under thecircumstances. 94 The person conducting the search should avoid doing or saying anything likelyto be regarded as indecent. In some circumstances, it may be appropriate for a witness to89 GC art. 27 (“However, the Parties to the conflict may take such measures of control and security in regard toprotected persons as may be necessary as a result of the war.”).90 1956 FM 27-10 (Change No. 1 1976) 26 (“Measures of control are normally taken with respect to at leastpersons known to be active or reserve members of a hostile army, persons who would be liable to service in theenemy forces, and persons who it is expected would furnish information or other aid to a hostile State.”).91 GC COMMENTARY 207 (“The various security measures which States might take are not specified; the Articlemerely lays down a general provision. There are a great many measures, ranging from comparatively mildrestrictions such as the duty of registering with and reporting periodically to the police authorities, the carrying ofidentity cards or special papers, or a ban on the carrying of arms, to harsher provisions such as a prohibition on anychange in place of residence without permission, prohibition of access to certain areas, restrictions of movement, oreven assigned residence and internment (which, according to Article 41, are the two most severe measures abelligerent may inflict on protected persons). A great deal is thus left to the discretion of the Parties to the conflictas regards the choice of means. What is essential is that the measures of constraint they adopt should not affect thefundamental rights of the persons concerned.”).92 Refer to § 10.5 (Humane Treatment and Other Basic Protections for Protected Persons).93 Compare § 9.6 (Security Measures With Respect to POWs).94 Refer to § 10.5 (Humane Treatment and Other Basic Protections for Protected Persons).659

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

Saved successfully!

Ooh no, something went wrong!