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XI – Military OccupationChapter Contents11.1 Introduction11.2 When Military Occupation Law Applies11.3 End of Occupation and Duration of GC Obligations11.4 Legal Position of the Occupying Power11.5 Duty of the Occupying Power to Ensure Public Order and Safety11.6 Protection of the Population of an Occupied Territory11.7 Authority of the Occupying Power Over Inhabitants11.8 Administration of Occupied Territory11.9 Local Law and Legislation11.10 Ordinary Courts in Occupied Territory11.11 Criminal Law in Occupied Territory11.12 Movement of Persons in Occupied Territory11.13 Protection of Children in Occupied Territory11.14 Food and Medical Supplies for the Civilian Population11.15 Public Health and Hygiene11.16 Spiritual Assistance11.17 Relief Efforts and Consignments11.18 Enemy Property During Occupation11.19 Protection of Cultural Property During Occupation11.20 Labor of Protected Persons in Occupied Territory11.21 Judges and Other Public Officials11.22 Public Finances and Taxes11.23 Other Economic Regulation of Occupied Territory11.1 INTRODUCTIONThis Chapter addresses military occupation. The GC provides specific rules for theinternment of protected persons in occupation, which are addressed in Chapter X.Military occupation is a temporary measure for administering territory under the controlof invading forces, and involves a complicated, trilateral set of legal relations between theOccupying Power, the temporarily ousted sovereign authority, and the inhabitants of occupiedterritory. 1The law of belligerent occupation seeks to account for both military and humanitarianimperatives. The Occupying Power’s primary objective in conducting military occupation is tofurther the purpose of the war in which the occupying forces are engaged and to ensure themaintenance and security of those forces, but the Occupying Power is also bound to provide for1 Refer to § 11.4 (Legal Position of the Occupying Power).735
the interests and welfare of the civilian population of the occupied territory. 2 The OccupyingPower has obligations related to the maintenance of public order and safety, and the protection ofcivilians and property in occupied territory. 311.1.1 Military Occupation – Notes on Terminology.11.1.1.1 Military Occupation, Military Government, Belligerent Occupation, andMartial Law. The practice of conducting military occupation is very old, and the law of militaryoccupation has long been part of the law of war. 4 Military occupation is also called belligerentoccupation. The conduct of military occupation has also been characterized as an exercise of“military government” 5 or “martial law.” 62 GREENSPAN, THE MODERN LAW OF LAND WARFARE 213 (“In considering the law on military occupation the dualnature of such an occupation must be borne in mind. Its primary objective is to further the purpose of the war inwhich the occupying forces are engaged and to ensure the maintenance and security of those forces; yet at the sametime the occupant is bound to provide for the interests and welfare of the civilian population of the occupiedterritory.”).3 Refer to § 11.5 (Duty of the Occupying Power to Ensure Public Order and Safety).4 See, e.g., American Ins. Co. v. 356 Bales of Cotton, 26 U.S. 511, 542 (1828) (Marshall, C.J.) (“The usage of theworld is, if a nation be not entirely subdued, to consider the holding of conquered territory as a mere militaryoccupation, until its fate shall be determined at the treaty of peace.”); Thirty Hogsheads of Sugar v. Boyle, 13 U.S.191, 195 (1815) (Marshall, C.J.) (“Some doubt has been suggested whether Santa Cruz, while in the possession ofGreat Britain, could properly be considered as a British island. But for this doubt there can be no foundation.Although acquisitions made during war are not considered as permanent until confirmed by treaty, yet to everycommercial and belligerent purpose, they are considered as a part of the domain of the conqueror, so long as heretains the possession and government of them. The island of Santa Cruz, after its capitulation, remained a Britishisland until it was restored to Denmark.”). See also WINTHROP, MILITARY LAW & PRECEDENTS 800-01 (“Instancesin our history of military government are presented in our Revolutionary war during the occupancy by the British ofBoston, New York and Philadelphia; at Castine, Maine, when taken and held by the British in 1814-15; and in theprovinces of Mexico in the course of the conquest of the same by our forces in 1846-7. It was however during thelate civil war, which, by reasons of its exceptional proportions, was assimilated to an international war, that MilitaryGovernment was more generally and variously exercised, and its nature more fully illustrated than at any previousperiod of our history.”).5 WINTHROP, MILITARY LAW & PRECEDENTS 799 (“By military government is meant that dominion exercised in warby a belligerent power over territory of the enemy invaded and occupied by him and over the inhabitants thereof.By most writers, prior to the appearance of the dissenting opinion of Chase, C.J., in Ex parte Milligan, this speciesof government was designated in general terms as ‘martial law,’ and thus was confused with or not properlydistinguished from the martial law proper exerted at home under circumstances of emergency, and yet to beconsidered.”); Ex parte Milligan, 71 U.S. 2, 141-42 (1866) (Chase, C.J., separate opinion) (“There are under theConstitution three kinds of military jurisdiction: one to be exercised both in peace and war; another to be exercisedin time of foreign war without the boundaries of the United States, or in time of rebellion and civil war within statesor districts occupied by rebels treated as belligerents; and a third to be exercised in time of invasion or insurrectionwithin the limits of the United States, or during rebellion within the limits of states maintaining adhesion to theNational Government, when the public danger requires its exercise. The first of these may be called jurisdictionunder MILITARY LAW, and is found in acts of Congress prescribing rules and articles of war, or otherwiseproviding for the government of the national forces; the second may be distinguished as MILITARYGOVERNMENT, superseding, as far as may be deemed expedient, the local law, and exercised by the militarycommander under the direction of the President, with the express or implied sanction of Congress; while the thirdmay be denominated MARTIAL LAW PROPER, and is called into action by Congress, or temporarily, when theaction of Congress cannot be invited, and in the case of justifying or excusing peril, by the President, in times of736
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DEPARTMENTOFDEFENSELAW OFWARMANUALJ
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manuals of Germany, Australia, and
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TABLE OF CONTENTSForeword .........
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5.15 Undefended Cities, Towns, and
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9.4 National-Level GPW Implementati
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11.9 Local Law and Legislation.....
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16.1 Introduction .................
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LIST OF ABBREVIATIONSTo make the ma
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AbbreviationLong FormAP III Protoco
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AbbreviationGrotius, Law of War & P
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AbbreviationMessage from the Presid
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AbbreviationLong FormSpaight, Air P
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I - General BackgroundChapter Conte
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Citation to a particular source sho
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1.2.4 Use of Signals in This Manual
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Signale.g.,Function and Examples of
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to armed conflict; and (4) law of w
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fashion, for comparison, the GC del
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As another example, to the extent t
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occupation, the fact of occupation
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element of war has been viewed as i
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Traditionally, war has often been d
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1.6.2 Arms Control. Arms control is
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For example, the right to challenge
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ensure that a State Party’s oblig
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actions that would be lawful under
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interpretation when it constitutes
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that underlying principle. 136 For
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In addition, the persistent objecti
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of that particular case. 153 The le
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States may withdraw from a treaty.
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1.10.2.2 Force of Customary Interna
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condemnation under international la
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1.11.2.1 U.N. Member State Obligati
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The United States has expressed the
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The Charter of the United Nations w
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the right of self-defense, actions
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2.1.2 Uses of Law of War Principles
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concepts that explain when persons
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The fact that law of war rules are
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efficiently as possible. 41 Thus, m
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justify actions not necessary to ac
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2.4.1 Proportionality as a Limit on
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purpose (e.g., not being made the o
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ecause civilians generally do not w
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This acceptance is a prerequisite f
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command and conduct its operations
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3.1.1 DoD Practice of Applying Law
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3.2 SITUATIONS TO WHICH THE LAW OF
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apply, while as between the States
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3.3.3.3 Recognition of Friendly Arm
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not determinative of whether the pe
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hostilities and that jus in bello r
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There are a variety of reasons why
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A helpful rule of thumb may be that
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3.5.2.2 Compliance With Jus ad Bell
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the law of war, including military
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Reciprocity is also reflected in th
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e appropriate to apply the GWS and
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3.8.1.1 Agreements to End Hostiliti
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that are at war. 152152 Refer to §
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This Chapter briefly addresses spec
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States have departed from ancient a
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4.3 LAWFUL COMBATANTS AND UNPRIVILE
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“privileged” and “unprivilege
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Combatants must only direct their a
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4.4.3.1 Combatants - Legal Immunity
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nationals whom it may capture among
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The U.S. armed forces may also incl
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interests of POWs dependent on the
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government-in-exile or for a govern
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(d) that of conducting their operat
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4.6.1.3 Application of GPW 4A(2) Co
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personnel responsible to higher aut
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4.6.5 Carrying Arms Openly. Members
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detained as a POW. 181 If a person
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Civilians who engage in hostilities
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individuals with a non-medical Mili
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However, these individuals may be t
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and religious personnel. 243 States
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4.13.1 Auxiliary Medical Personnel
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No special agreement may be conclud
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the Protecting Powers shall take no
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population because these persons ar
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attack; (2) must accept the risk of
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taking a direct part in hostilities
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forces. 322 Under certain circumsta
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material and who, by definition, wo
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However, a person who seeks to send
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Although spying and sabotage are no
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4.18 PRIVATE PERSONS WHO ENGAGE IN
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The denial of the privileges of com
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individuals may be regarded as cons
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4.19.1 Rules Applicable to the Trea
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4.19.4.1 Unprivileged Belligerency
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4.20.1.2 Identification for Childre
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made a statement of understanding r
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However, AP I defines “mercenary
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4.23.1 Police as Civilians. In gene
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incidental to an enemy attack or fr
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impartiality distinguishes these hu
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Protecting Power during armed confl
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“competent tribunal” generally
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V - The Conduct of HostilitiesChapt
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casualties by taking additional pre
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• Civilians must not be made the
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feasible precautions must be taken
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For example, if a commander determi
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or executing military action must b
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objectives. 64This manual generally
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5.5.3.2 AP I Presumptions in Favor
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Attacks on military objectives in t
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the enemy force may recover to coun
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as a surprise attack by enemy force
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o neutralized zones, and persons an
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This definition of military objecti
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5.7.6 By its nature, location, purp
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5.7.7.1 Capture or Neutralization.
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The military advantage expected to
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tank mines may be laid on such area
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standing in a mess line, engaging i
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• acting at the direction of the
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The onus is on the person having be
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of the 1949 Geneva Conventions, AP
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conduct or sustain combat operation
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o whether the act is traditionally
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• police services (e.g., police o
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has permanently ceased participatio
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Hors de combat is used in Common Ar
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5.10.4 Persons Rendered Unconscious
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Persons deploying into combat by pa
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5.11.1.2 That May Affect the Civili
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military importance are located and
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5.12.2.2 Harm Resulting From Enemy
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If the proportionality rule were in
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5.13 ATTACKS ON FACILITIES, WORKS,
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civilian population may be increase
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the personnel entrusted with the or
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5.15 UNDEFENDED CITIES, TOWNS, AND
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5.15.3 Declaration of a City as “
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civilian police forces for the purp
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shield military objectives from att
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lives are valued by the adversary i
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objective (that has been developed
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5.17.3 Enemy Movable Property on th
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• cultural property. 445In certai
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5.17.5.1 Compensation for Property
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works of art or places of worship w
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and, in fact, contain, conserve, or
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5.18.3.1 Imperative Military Necess
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Similarly, if an opposing force use
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This rule makes no distinction betw
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5.18.7.4 Other Uses of the Distinct
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Immovable cultural property of very
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using any lawful and proportionate
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not already been made and refused.
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5.19.1.1 Belligerent Authority to E
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However, such actions would now be
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Power would have additional duties
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• fighting in the enemy’s unifo
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Sometimes, “perfidy” is used to
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uniforms to kill or wound treachero
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or (3) to impede enemy military ope
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• facilitating surprise attacks o
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• camouflage or deceptive lightin
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• feigning civilian status to fac
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Propaganda must not incite acts tha
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Additional restrictions are applica
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or customary international law has
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If the weapon is not prohibited, th
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In particular, weapons must not be
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necessarily a legally prohibited we
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6.5.3.2 Use of Tools to Stab or Cut
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On the other hand, an explosive bul
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comparable to, or more severe than,
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6.5.5 Blast Weapons. Blast weapons
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6.5.9 Autonomy in Weapon Systems. T
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system design, testing of hardware
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weapons and other specific rules, i
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This manual generally uses the form
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• the destruction or neutralizati
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Like other determinations of custom
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Few weapons have been understood to
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use is required against a target of
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een understood not to prohibit the
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egardless of whether they are produ
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for safety and security considerati
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6.9.1.1 Toxin Weapons. The term tox
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(a) “widespread”: encompassing
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prohibited only if their use is cle
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The term “mine” does not includ
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Mines Protocol does not include non
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6.12.3 Definition of “Other Devic
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presence of commonly available mine
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6.12.4.7 Mines Produced After Decem
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• kitchen utensils or appliances,
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cannot be directed at a specific mi
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laying, antihandling devices (if an
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• the area is monitored by milita
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effects of minefields, mined areas,
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areas, mines, booby-traps, and othe
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The United States has announced pol
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(UXO) across the range of intended
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include: 3596.14.1.2 Examples of In
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object of attack by incendiary weap
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6.15 LASER WEAPONSIn general, laser
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example, it would not be prohibited
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advice and consent to ratification
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6.17.4 Authority Under Domestic Law
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is not a Party to AP I, the United
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• the approximate number, type, a
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• Explosive ordnance should be tr
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6.20.2 Scope of the Obligations Cre
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possible. Warnings and risk educati
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In addition, peace treaties or simi
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• the method of identifying the e
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explosive ordnance that has become
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for the protection of medical perso
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No special agreement shall adversel
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This rule does not prohibit States
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7.3.2 Persons Entitled to Protectio
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to proximity to military operations
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wounded, sick, and shipwrecked, fro
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ehind enemy lines or a submarine ma
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For example, the prohibition on sub
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7.5.2.5 Medical Attention Free of C
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In order to implement these obligat
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cannibalism of dead bodies is prohi
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7.7.4 Handling of Enemy Battlefield
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the exact location and markings of
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For example, weapons may not be use
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Such individuals may be held tempor
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In no circumstances may retained pe
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7.9.5.3 Visits of POWs Outside the
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espected and protected by the parti
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establishments and mobile medical u
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armed such that they would appear t
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7.10.5.1 Disposition of Buildings,
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7.12 HOSPITAL SHIPS, SICK-BAYS IN W
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equirements permit. 291 The same sh
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inadvertent actions might also put
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encryption more common. 315 Substan
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Hospital ships that, in accordance
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7.12.4.4 Stay in Neutral Ports. Ves
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hospital ship. 347 For example, hos
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means of control (such as directing
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pursuant to an agreement, however,
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7.15.1 The Distinctive Emblems: Red
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may, without prejudice to their cur
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7.15.3.2 Distinctive Emblem Does No
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7.15.4.2 Use by International Red C
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members of the armed forces are nur
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wear on the left arm while carrying
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7.19.2 Marking of Civilian Medical
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deceased and of personal effects to
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personnel and fill an important rol
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operations, and provision for trans
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In addition, as a general matter, a
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8.2.2 Protection Against Humiliatin
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Special consideration for more vuln
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8.4.2 Additional U.S. Law and Polic
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8.8 MEDICAL ATTENTIONWounded and si
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8.10.3 Communication With Family. D
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8.13 ADEQUATE WORKING CONDITIONSIf
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8.14.3 Release When the Circumstanc
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8.15.1 Registration of Detainees. T
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conspiracy, joint criminal enterpri
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IX - Prisoners of War (POWs)Chapter
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The subsequent practice of States i
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In addition to the agreements expre
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favorable treatment of POWs held by
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• persons who are nationals of th
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shall enjoy the protection of the G
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9.4.2.2 Notification of Offenses Pu
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9.5.2.1 Prohibition on Killing of P
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POWs may voluntarily consent to giv
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provides for women POWs undergoing
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9.7.2 Identity Documents. At no tim
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9.8.1 Humane Treatment During Inter
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Detaining Power shall take all suit
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all the requirements of the GPW. 18
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9.11.3 Location of POW Camps.9.11.3
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The caveat that POW camps need to b
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example, the POW camp may have camp
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whether they are connected with pot
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9.13.4 Clothing for POWs. Clothing,
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malaria, and venereal disease. 274
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exercise freely their ministry amon
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To advance educational opportunitie
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9.17.3.1 Use of Canteen Profits for
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“POWs of equivalent rank” refer
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POWs, the beneficiaries of the paym
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9.18.6.3 Periodic Notification of t
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9.19.1.2 Labor Assignment - Officer
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9.19.3.1 Application of National Le
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Power on which they depend, through
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inferior to that which is provided
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the POWs’ accounts with the Detai
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The special agreements referred to
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territories under its control. 466t
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in them to deterioration; except in
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9.22.2 POWs’ Status With Respect
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equivalent rank. 509 Titles and ran
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9.23.1.1 Making Requests and Compla
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she represents. 539 Thus, POWs dist
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has the right to commence his or he
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• proposing repatriation for cert
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any offenses committed by POWs. 589
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9.25.2 Unsuccessful Escapes. POWs w
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9.25.4 Special Surveillance of POWs
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9.26.4 Retention of Benefits of the
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9.27.1 POW Camp Authorities Who May
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The duration of any single punishme
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entrusted to the POW Representative
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Any period spent by a POW in confin
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held in camera in the interest of S
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9.28.7 Conditions for POWs Serving
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9.29.3 Procedures for Transfer of P
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9.31 NATIONAL ACCOUNTING OF THE DET
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Within the shortest possible period
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States whose nationals benefit from
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• death certificates of POWs; 782
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9.33 ACCESS TO POWS BY THE PROTECTI
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9.34.1 Transmittal of Wills. The De
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Registration Service established by
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9.35.2 Release and Repatriation of
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9.36.2.1 Categories of Wounded, Inj
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present themselves for examination
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9.37.1 Agreements on POW Release an
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For example, the availability of ma
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POWs against whom criminal proceedi
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POWs who are to be moved must be id
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punishment. 928 In addition, any pe
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9.39.2 Background on the U.S. Code
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10.1 INTRODUCTIONThis Chapter addre
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agreements or in subsequent agreeme
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Although the GC addresses the prote
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10.3.3 Categories of Nationals Spec
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In the case of occupied territory,
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10.4.4 Limits on Derogation. In eac
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The GC’s prohibition against the
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10.6 MEASURES OF CONTROL AND SECURI
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Similarly, if the Occupying Power c
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provisions of Article 40, be equal
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10.8.2 Departures of Protected Pers
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10.8.3.2 Responsibility Upon Transf
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or who have been released from inte
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hostilities to conclude agreements
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in the daytime from the air. 182 Th
Page 702 and 703:
egard to hygiene and health, and pr
Page 704 and 705:
10.13 FOOD, WATER, TOBACCO, AND CLO
Page 706 and 707:
10.14.1.2 Right of Internees to Pre
Page 708 and 709:
10.15.1 Premises for Religious Serv
Page 710 and 711:
To advance educational opportunitie
Page 712 and 713: 10.17.3 Working Conditions. The Det
Page 714 and 715: The amounts shall be paid into the
Page 716 and 717: 10.20 ADMINISTRATION OF PLACES OF I
Page 718 and 719: Internees shall also have the right
Page 720 and 721: 10.22.2 Duties of Internee Committe
Page 722 and 723: 10.22.3.2 Assistants for the Member
Page 724 and 725: 10.23.2.2 No Delay in Correspondenc
Page 726 and 727: The special agreements provided for
Page 728 and 729: 10.23.4.4 Costs of Transporting Rel
Page 730 and 731: complaints, petitions, and reports
Page 732 and 733: For the purpose of enabling interne
Page 734 and 735: This requirement does not compel th
Page 736 and 737: does not absolve the commandant of
Page 738 and 739: • confinement. 471The duration of
Page 740 and 741: epresentatives of the Protecting Po
Page 742 and 743: provide an advocate or counsel. 499
Page 744 and 745: territory, or the possibility of pr
Page 746 and 747: movement by foot, the Detaining Pow
Page 748 and 749: • the name and address of the per
Page 750 and 751: from the Central Information Agency
Page 752 and 753: ole of the Central Information Agen
Page 754 and 755: • receiving up-to-date lists of l
Page 756 and 757: constituted in occupied territory,
Page 758 and 759: internees depended, through the Nat
Page 760 and 761: no person shall be transferred to a
Page 764 and 765: This manual uses the terms “milit
Page 766 and 767: The 1954 Hague Cultural Property Co
Page 768 and 769: post-war situations (except for cer
Page 770 and 771: the occupied territory. 40 For exam
Page 772 and 773: The fact of occupation also imposes
Page 774 and 775: 11.2.2.2 “Under the Authority”
Page 776 and 777: However, there is no specific legal
Page 778 and 779: prevent the Occupying Power from ac
Page 780 and 781: inhabitants of occupied territory.
Page 782 and 783: as possible, public order and safet
Page 784 and 785: occupied territory. 112 Specific co
Page 786 and 787: no part whatever in the hostilities
Page 788 and 789: 11.8 ADMINISTRATION OF OCCUPIED TER
Page 790 and 791: 11.8.6 Civilian or Military Nature
Page 792 and 793: inconsistent with the earlier law.
Page 794 and 795: or repeal of existing laws, and of
Page 796 and 797: 11.11 CRIMINAL LAW IN OCCUPIED TERR
Page 798 and 799: The Occupying Power may reform or e
Page 800 and 801: punishable under the law in force a
Page 802 and 803: occupied might repeal the death pen
Page 804 and 805: The practical arrangements for the
Page 806 and 807: persons; (2) that evacuations or tr
Page 808 and 809: nationality, language, and religion
Page 810 and 811: spread of contagious diseases and e
Page 812 and 813:
Religious assistance addressed by t
Page 814 and 815:
The occupation authorities may limi
Page 816 and 817:
However, such assessment must be ma
Page 818 and 819:
For example, private property may n
Page 820 and 821:
The term usufruct means literally
Page 822 and 823:
11.18.6.2 Seizure of Private Proper
Page 824 and 825:
of wounded personnel awaiting evacu
Page 826 and 827:
Should it prove necessary to take m
Page 828 and 829:
11.20.1.3 Prohibition Against Requi
Page 830 and 831:
• sanitary authorities;whether em
Page 832 and 833:
11.20.4 Voluntary Work Not Prohibit
Page 834 and 835:
duties conscientiously and not to a
Page 836 and 837:
If, due to the flight or unwillingn
Page 838 and 839:
not be taxed, 431 but the property
Page 840 and 841:
permissible. 444 Additionally, if t
Page 842 and 843:
11.22.4.2 Existing Debts Owed by th
Page 844 and 845:
The Occupying Power may also set ex
Page 846 and 847:
11.23.3 Control of Business in Occu
Page 848 and 849:
otherwise circumvent the restrictio
Page 850 and 851:
States may authorize their military
Page 852 and 853:
• to establish safe-conduct prote
Page 854 and 855:
• through the traditional mechani
Page 856 and 857:
information, or with the purpose of
Page 858 and 859:
include, for example, a driver and
Page 860 and 861:
Such acts of treachery include sabo
Page 862 and 863:
The terms military passport and saf
Page 864 and 865:
12.6.3.3 Safe-Conducts Contemplated
Page 866 and 867:
12.6.5 Revocation of Passports, Saf
Page 868 and 869:
communicate with his or her superio
Page 870 and 871:
12.8.5 General Effect of Capitulati
Page 872 and 873:
that has surrendered. Officers have
Page 874 and 875:
12.11 ARMISTICES AND OTHER CEASE-FI
Page 876 and 877:
General armistices are usually of a
Page 878 and 879:
provided always that the enemy is w
Page 880 and 881:
armistice; (3) the relations betwee
Page 882 and 883:
eleased or exchanged, specific prov
Page 884 and 885:
• the utilization of the occasion
Page 886 and 887:
Nations conclude cease-fire or armi
Page 888 and 889:
For example, the law of the sea pro
Page 890 and 891:
• determining the legal boundarie
Page 892 and 893:
United States claimed a three-nauti
Page 894 and 895:
13.2.3.1 High Seas Freedoms. States
Page 896 and 897:
of an archipelagic State. 51 No Sta
Page 898 and 899:
13.3.3.1 Entitlement of Vessels to
Page 900 and 901:
• taking to lifeboats.13.4 ENEMY
Page 902 and 903:
practicable, the personal effects o
Page 904 and 905:
Other civilian enemy nationals on b
Page 906 and 907:
navigational technology (e.g., glob
Page 908 and 909:
The immediate area or vicinity of n
Page 910 and 911:
over that airspace. 130 The right o
Page 912 and 913:
Zones may not be employed for the p
Page 914 and 915:
y a declaration of the belligerent
Page 916 and 917:
equirement of effectiveness does no
Page 918 and 919:
Attempted breach of a blockade occu
Page 920 and 921:
13.11.2 Peacetime Mining. Naval min
Page 922 and 923:
mines have been laid. This notice m
Page 924 and 925:
13.11.3.7 Neutralization of Naval M
Page 926 and 927:
The rules concerning deception by b
Page 928 and 929:
States affected, whether as bellige
Page 930 and 931:
civil aircraft.” 18 Assuming that
Page 932 and 933:
• airspace over that State’s la
Page 934 and 935:
Under Article 3 of the 1944 Chicago
Page 936 and 937:
14.3 AIRCRAFT STATUS14.3.1 State Ve
Page 938 and 939:
Belligerent military aircraft gener
Page 940 and 941:
14.4.3aircrew.Downed Aircrew. There
Page 942 and 943:
In addition, interception may not b
Page 944 and 945:
international airspace. Such zones
Page 946 and 947:
the rights and obligations of State
Page 948 and 949:
equirement to use precision-guided
Page 950 and 951:
Outer space may be viewed as analog
Page 952 and 953:
space is the same as its applicatio
Page 954 and 955:
other international law. 166 This i
Page 956 and 957:
XV - The Law of NeutralityChapter C
Page 958 and 959:
impartiality to which neutrals have
Page 960 and 961:
addition, a State may have an oblig
Page 962 and 963:
State to observe the duties of neut
Page 964 and 965:
15.2.3.1 Consistency Between the Ru
Page 966 and 967:
15.2.4 Neutrality Under Regional an
Page 968 and 969:
15.3.2.1 Duty to Refrain From Provi
Page 970 and 971:
15.3.3 Correlative or Reciprocal Na
Page 972 and 973:
for self-defense, belligerent force
Page 974 and 975:
neutral State’s ports and waters
Page 976 and 977:
Neutral States shall not oppose the
Page 978 and 979:
For example, neutral persons who ma
Page 980 and 981:
In the event that such a person is
Page 982 and 983:
• a neutral State’s exclusive e
Page 984 and 985:
15.7.4.1 Right of Entry in Distress
Page 986 and 987:
Belligerent State forces exercising
Page 988 and 989:
A belligerent warship may not leave
Page 990 and 991:
If the prize does not leave as soon
Page 992 and 993:
situation would fall under the gene
Page 994 and 995:
This rule on railway material has s
Page 996 and 997:
Whether it is possible to distingui
Page 998 and 999:
and contraband goods may be capture
Page 1000 and 1001:
A similar procedure was used during
Page 1002 and 1003:
nationality are exempt from visit a
Page 1004 and 1005:
vessels or aircraft also may be dee
Page 1006 and 1007:
y a belligerent as enemy merchant v
Page 1008 and 1009:
capture of neutral-flagged vessels
Page 1010 and 1011:
15.15.4.2 Enemy Nationals Found Onb
Page 1012 and 1013:
If such measures were not taken, th
Page 1014 and 1015:
Provisions of the GWS and GWS-Sea a
Page 1016 and 1017:
elong. Similarly, captured war mate
Page 1018 and 1019:
Such special agreements must not ad
Page 1020 and 1021:
care of the neutral State, must be
Page 1022 and 1023:
16.1.1 Cyberspace as a Domain. As a
Page 1024 and 1025:
The law of war affirmatively antici
Page 1026 and 1027:
that cripple a military’s logisti
Page 1028 and 1029:
16.3.3.3 Responses to Hostile or Ma
Page 1030 and 1031:
and that a neutral State would have
Page 1032 and 1033:
addition, the economic harms in the
Page 1034 and 1035:
the potential to produce less incid
Page 1036 and 1037:
indiscriminate weapon. 7878 United
Page 1038 and 1039:
etween non-international armed conf
Page 1040 and 1041:
“small wars” has also been used
Page 1042 and 1043:
international armed conflict. Certa
Page 1044 and 1045:
• the Amended CCW, including Prot
Page 1046 and 1047:
following guidelines may be helpful
Page 1048 and 1049:
internees under the GPW and GC, res
Page 1050 and 1051:
As a practical matter, non-State ar
Page 1052 and 1053:
17.4 A STATE’S USE OF ITS DOMESTI
Page 1054 and 1055:
17.4.2 Emergency Laws and Regulatio
Page 1056 and 1057:
17.5 PRINCIPLE OF DISTINCTION IN NI
Page 1058 and 1059:
17.5.2 Distinguishing State Forces
Page 1060 and 1061:
17.6.6 Prohibition on Offering of R
Page 1062 and 1063:
17.8 IMPARTIAL HUMANITARIAN ORGANIZ
Page 1064 and 1065:
population, such as foodstuffs, agr
Page 1066 and 1067:
17.11.2 Obligations to Respect Cult
Page 1068 and 1069:
17.13 WEAPONS IN NIAC17.13.1 Prohib
Page 1070 and 1071:
The respect and protection afforded
Page 1072 and 1073:
hostile acts, outside their humanit
Page 1074 and 1075:
detention of protected persons in i
Page 1076 and 1077:
The consent of the territorial Stat
Page 1078 and 1079:
17.18.3 States’ Support to Other
Page 1080 and 1081:
18.1.1 DoD Policy on Implementing a
Page 1082 and 1083:
18.1.3 International or Multi-Natio
Page 1084 and 1085:
18.2.3 Maintaining Public Support a
Page 1086 and 1087:
18.3.2.2 Commands and Orders Should
Page 1088 and 1089:
there is no absolute or automatic r
Page 1090 and 1091:
Working Group develops and coordina
Page 1092 and 1093:
policy has required, as a general m
Page 1094 and 1095:
18.7.1 Treaty Provisions Specifical
Page 1096 and 1097:
their interpretation of the obligat
Page 1098 and 1099:
crimes committed by all persons, in
Page 1100 and 1101:
• torture or inhuman treatment, i
Page 1102 and 1103:
Such measures may also be understoo
Page 1104 and 1105:
18.9.5.3 War Crimes - Serious Viola
Page 1106 and 1107:
18.12.1 Investigation by the U.N. S
Page 1108 and 1109:
aspects of the jurisdiction of the
Page 1110 and 1111:
policy has been in addition to othe
Page 1112 and 1113:
een established, the parties to the
Page 1114 and 1115:
The State appointed to be a Protect
Page 1116 and 1117:
18.15.4 Lending of Good Offices to
Page 1118 and 1119:
18.16.3 Payment or Other Compensati
Page 1120 and 1121:
Because retorsion, by definition, d
Page 1122 and 1123:
18.18.2.2 Exhaustion of Other Means
Page 1124 and 1125:
• hospital ships. 211Measures of
Page 1126 and 1127:
insofar as their interpretation doe
Page 1128 and 1129:
members of a State’s armed forces
Page 1130 and 1131:
This provision may also be used to
Page 1132 and 1133:
abroad, even though Uniform Code of
Page 1134 and 1135:
member of the U.S. Armed Forces, wh
Page 1136 and 1137:
18.20.2 International Criminal Trib
Page 1138 and 1139:
provides that the ICC may not proce
Page 1140 and 1141:
More recently, hybrid tribunals hav
Page 1142 and 1143:
In the past, neutral States general
Page 1144 and 1145:
perform. 302 On the other hand, as
Page 1146 and 1147:
law is responsible therefor and lia
Page 1148 and 1149:
In cases in which the illegality of
Page 1150 and 1151:
18.23.3 Command Responsibility. Com
Page 1152 and 1153:
commission. 344 This theory of liab
Page 1154 and 1155:
offense under the Military Commissi
Page 1156 and 1157:
• cases of co-perpetration where
Page 1158 and 1159:
XIX Documentary Appendix - Notes on
Page 1160 and 1161:
• Hague Convention IX of October
Page 1162 and 1163:
19.2.2 Arms Control Agreements to W
Page 1164 and 1165:
• Second Protocol to the Hague Co
Page 1166 and 1167:
the Lieber Code reflect 19th centur
Page 1168 and 1169:
calculated to cause unnecessary suf
Page 1170 and 1171:
November 27, 1909. 88 This treaty w
Page 1172 and 1173:
19.8.2.2 Relationship Between the 1
Page 1174 and 1175:
take effect on the deposit of all t
Page 1176 and 1177:
This treaty followed the 1899 Decla
Page 1178 and 1179:
19.14 1930 LONDON TREATY FOR THE LI
Page 1180 and 1181:
The 1949 Geneva Conventions followe
Page 1182 and 1183:
addresses non-international armed c
Page 1184 and 1185:
In general, the GC uses the concept
Page 1186 and 1187:
19.18 VIENNA CONVENTION ON THE LAW
Page 1188 and 1189:
This manual references AP I provisi
Page 1190 and 1191:
• reprisals. 22119.20.2 AP II. Pr
Page 1192 and 1193:
an amended Protocol II; (2) Protoco
Page 1194 and 1195:
Similarly, before the United States
Page 1196 and 1197:
Protocol includes more detailed res
Page 1198 and 1199:
is prohibited by the rule against w
Page 1200 and 1201:
advice and consent to ratification,
Page 1202 and 1203:
supported ICC efforts in certain ca
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