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• through the traditional mechanism of a display of a flag of truce and the sending ofparlementaires; 28• in conferences between belligerent representatives in an agreed neutral zone; 29• through international organizations, such as the United Nations;• indirectly through another State, such as a Protecting Power; 30 and• indirectly through the ICRC or other impartial humanitarian organization. 3112.4 THE WHITE FLAG OF TRUCE TO INITIATE NEGOTIATIONSIn the past, the normal means of initiating negotiations between belligerents has been thedisplay of the white flag of truce. 3212.4.1 Meaning of the White Flag—a Desire to Communicate. As a legal matter, thewhite flag, when used by military forces, indicates a desire to communicate with the enemy. Thehoisting of a white flag has no other legal meaning in the law of war. 33The hoisting of a white flag may indicate that the party hoisting it desires to opencommunication with a view to an armistice (e.g., to enable forces to collect the wounded) or asurrender. 34 If hoisted during a military action by an individual combatant or a small party ofcombatants, it may signify merely that those persons or forces wish to surrender. 35 Although thewhite flag has been used with this intent, the display of the white flag does not necessarily meanthat the person or forces displaying it are prepared to surrender. Moreover, enemy forces in theimmediate area might not have the same intent as the individual or forces displaying the white28 Refer to § 12.4 (The White Flag of Truce to Initiate Negotiations); § 12.5 (Rules for Parlementaires).29 Refer to § 12.5.5 (Neutral Zone and Other Appropriate Measures to Facilitate Negotiations).30 For example, Acceptance of Germany’s Offer Concerning Prisoners of War, Apr. 23, 1945, 12 DEPARTMENT OFSTATE BULLETIN 810 (Apr. 29, 1945) (“The Department of State and the War Department announced on April 23that the Government of the United States has accepted an offer of the German Government to leave in camps allprisoners of war as the Allies advance. The proposal of the German Government was made to the United Statesthrough the Swiss Government as protecting power.”).31 1956 FM 27-10 (Change No. 1 1976) 452 (“One belligerent may communicate with another directly by radio,through parlementaires, or in a conference, and indirectly through a Protecting Power, a third State other than aProtecting Power, or the International Committee of the Red Cross.”).32 1956 FM 27-10 (Change No. 1 1976) 458 (“In the past, the normal means of initiating negotiations betweenbelligerents has been the display of a white flag.”).33 1956 FM 27-10 (Change No. 1 1976) 458 (“The white flag, when used by troops, indicates a desire tocommunicate with the enemy. The hoisting of a white flag has no other signification in international law.”).34 1956 FM 27-10 (Change No. 1 1976) 458 (“It may indicate that the party hoisting it desires to opencommunication with a view to an armistice or a surrender.”).35 1956 FM 27-10 (Change No. 1 1976) 458 (“If hoisted in action by an individual soldier or a small party, it maysignify merely the surrender of that soldier or party.”).827

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