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flag, especially where the display of the white flag was not authorized by the individual orforce’s commander.12.4.2 Rules for the Party Displaying the White Flag. Forces displaying a flag of trucemust show clearly that they intend to engage in non-hostile relations. They bear the burden ofcommunicating their intent to the adversary.To indicate that the hoisting of the white flag is authorized by its commander, theappearance of the flag should be accompanied or followed promptly by a complete cessation offire from that side. 36The commander authorizing the hoisting of the flag should also promptly send aparlementaire to communicate the commander’s intent. 3712.4.2.1 Prohibition on Improper Use of the Flag of Truce. It is especiallyforbidden to make improper use of a flag of truce. 38 It would be improper to use a flag of truceto feign an intention to negotiate, surrender, or otherwise suspend hostilities when there is nosuch intention. 39It is an abuse of the flag of truce if the force that sends a parlementaire does not halt andcease fire while the parlementaire is approaching, or is being received by, the other party. 40Improper use of a flag of truce also includes its use while engaging in attacks or in orderto shield, favor, or protect one’s own military operations, or otherwise to impede enemy militaryoperations. 41 For example, flags of truce may not be used surreptitiously to obtain military36 1956 FM 27-10 (Change No. 1 1976) 458 (“To indicate that the hoisting is authorized by its commander, theappearance of the flag should be accompanied or followed promptly by a complete cessation of fire from thatside.”); 1958 UK MANUAL 395 (“It is essential, however, that the troops who hoist the white flag to indicate a wishto enter into communication with the enemy, should halt and cease firing, for otherwise the enemy cannot be certainthat the hoisting of the white flag is authorised.”).37 1956 FM 27-10 (Change No. 1 1976) 458 (“The commander authorizing the hoisting of the flag should alsopromptly send a parlementaire or parlementaires.”).38 HAGUE IV REG. art. 23(f) (it is especially forbidden “[t]o make improper use of a flag of truce”). Consider AP Iart. 38(1)(a) (“It is also prohibited to misuse deliberately in an armed conflict other internationally recognizedprotective emblems, signs or signals, including the flag of truce, and the protective emblem of cultural property.”).39 Cf. 10 U.S.C. § 950t (18) (“Any person subject to this chapter who uses a flag of truce to feign an intention tonegotiate, surrender, or otherwise suspend hostilities when there is no such intention shall be punished as a militarycommission under this chapter may direct.”).40 1958 UK MANUAL 415 (“The improper use of a flag of truce is forbidden. It is an abuse of the flag of truce if theforce which sends a parlementaire does not halt and cease fire whilst the parlementaire is approaching, or is beingreceived by, the other party.”); 1956 FM 27-10 (Change No. 1 1976) 467 (“It is an abuse of the flag of truce,forbidden as an improper ruse under Article 23 (f), HR (par. 52), for an enemy not to halt and cease firing while theparlementaire sent by him is advancing and being received by the other party;”).41 Refer to § 5.16 (Prohibition on Using Protected Persons and Objects to Shield, Favor, or Impede MilitaryOperations).828

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