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If the above provisions are infringed, protected persons shall be allowed to exercise theirright of complaint in accordance with Article 30 of the GC. 11610.7.4 Cancellation of Restrictive Measures After Hostilities. In so far as they have notbeen previously withdrawn, restrictive measures taken regarding protected persons shall becancelled as soon as possible after the close of hostilities. 117 Restrictive measures affecting theirproperty shall be cancelled, in accordance with the law of the Detaining Power, as soon aspossible after the close of hostilities. 11810.8 EXPULSION FROM AREAS WITHIN A BELLIGERENT’S HOME TERRITORY AND DEPARTURE ANDTRANSFERS OF PROTECTED PERSONS FROM A BELLIGERENT’S HOME TERRITORY10.8.1 Expulsion From Areas Within a Belligerent’s Home Territory. At the outbreak ofhostilities, a State may expel or bar the citizens or subjects of the enemy State from its seaports,the area surrounding airbases, airports, and fortified places, areas of possible attack, and theactual or contemplated theaters of operation.When such expulsion is decreed, the persons expelled should be given such reasonablenotice, consistent with public safety, as will enable them to arrange for the collection, disposal,and removal of their goods and property, and for the settlement of their personal affairs. 119Although such expulsion must be implemented in a humane manner, the provisions of theGC addressing a State’s internment or assigned residence of civilians of an enemy State in itshome territory (Articles 41-45), including the transfer of internees to other countries, do notapply to such expulsion. 120116 GC art. 40 (“If the above provisions are infringed, protected persons shall be allowed to exercise their right ofcomplaint in accordance with Article 30.”). Refer to § 10.5.6 (Facility for Applying to the Protecting Powers andAssistance Organizations Such as the ICRC).117 GC art. 46 (“In so far as they have not been previously withdrawn, restrictive measures taken regarding protectedpersons shall be cancelled as soon as possible after the close of hostilities.”).118 GC art. 46 (“Restrictive measures affecting their property shall be cancelled, in accordance with the law of theDetaining Power, as soon as possible after the close of hostilities.”).119 See 1956 FM 27-10 (Change No. 1 1976) 27 (“In modern practice at the outbreak of hostilities the expulsion ofthe citizens or subjects of the enemy is generally decreed from seaports, the area surrounding airbases, airports, andfortified places, areas of possible attack, and the actual or contemplated theaters of operation. When expulsion isdecreed, the persons expelled should be given such reasonable notice, consistent with public safety, as will enablethem to arrange for the collection, disposal, and removal of their goods and property and for the settlement of theirpersonal affairs. Such persons do not, however, benefit from the provisions of Articles 41 through 45, GC (pars.280-284).”).120 See II-A FINAL RECORD OF THE DIPLOMATIC CONFERENCE OF GENEVA OF 1949 826 (“The internment procedurelaid down in Article 40 is similar to that provided for in Article 32 with regard to the authorization to leave theterritory. Article 40 also empowers a court or administrative board, to be selected by the Detaining Power, to takedecisions in cases of appeal against internment or assigned residence. The term ‘assigned residence’ obviouslydenotes a measure applicable to one person or one family, not the prohibition to enter or reside in a specified zoneimposed upon an anonymous body of people such as all the nationals of a certain State.”).664

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