10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Under the GC, however, protected persons in a belligerent’s home country, or in territoryoccupied by a belligerent, are entitled to leave unless such departure is contrary to the interests ofthe State. 612.1.2 Necessity for Non-Hostile Relations. Despite the general rule of non-intercourseduring war, the conduct of war and the restoration of peace require certain non-hostile relationsbetween belligerents. 712.1.2.1 Non-Hostile Relations to Facilitate Humanitarian Activities DuringArmed Conflict. Non-hostile relations, including local communication between belligerentforces, may be necessary to facilitate the conclusion and implementation of special agreementscontemplated by the 1949 Geneva Conventions. These include:• special agreements to facilitate the protection of the wounded, sick, shipwrecked, andmedical personnel, 8 such aso armistices or local arrangements to permit the removal, exchange, or transport ofthe wounded and sick; 9• special agreements to facilitate the protection of POWs, 10 such aso agreements to effect the direct repatriation or accommodation in neutral countriesof certain seriously wounded and sick POWs during hostilities; 11 and• special agreements to facilitate the protection of civilians, 12 such aso agreements to establish areas where civilians or the wounded and sick areprotected. 13Relatedly, non-hostile relations, including local communication between belligerentforces, may also be necessary:• to obtain the necessary consent for the appointment of Protecting Powers; 146 Refer to § 10.8.2 (Departures of Protected Persons From a Belligerent’s Home Territory); § 11.12.2 (Departure ofProtected Persons Who Are Not Nationals of the State Whose Territory Is Occupied).7 1956 FM 27-10 (Change No. 1 1976) 451 (“The conduct of war and the restoration of peace require certainnonhostile relations between belligerents.”).8 Refer to § 7.1.1.2 (Special Agreements Under the GWS and GWS-Sea).9 Refer to § 7.4.3.1 (Armistices and Local Arrangements to Permit the Removal, Exchange, or Transport of theWounded).10 Refer to § 9.1.2.2 (Special Agreements Under the GPW).11 Refer to § 9.36 (Direct Repatriation and Accommodation in Neutral Countries During Hostilities).12 Refer to § 10.1.1.2 (Special Agreements Under the GC).13 Refer to § 5.14.3 (Establishing Areas Where Civilians or the Wounded and Sick Are Protected).824

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

Saved successfully!

Ooh no, something went wrong!