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information, or with the purpose of obtaining time to effect a withdrawal, secure reinforcements,resupply, or conduct other operations. 4212.4.3 Rules for the Party to Whom the White Flag Is Displayed. A party is not requiredto cease firing or other military operations when a white flag is raised by the other side. 43It is essential to determine with reasonable certainty that the flag is shown by actualauthority of the enemy commander before basing important action upon that assumption. 44 Forexample, forces should not assume that all enemy forces in the locality intend to surrender andexpose themselves to hostile fire based on the enemy’s display of a white flag. 45Fire must not be directed intentionally on the person carrying the white flag or on personsnear him or her unless there is a clear manifestation of hostile intent by those persons. 4612.5 RULES FOR PARLEMENTAIRESAfter the display of the white flag, a parlementaire would be sent to conductnegotiations, traveling under the display and protection of the white flag of truce.12.5.1 The Parlementaire and Party. Parlementaires ordinarily are agents employed bycommanders of belligerent forces in the field, to go in person within the enemy lines, for thepurpose of communicating or negotiating openly and directly with the enemy commander. 4742 LIEBER CODE art. 114 (“If it be discovered, and fairly proved, that a flag of truce has been abused forsurreptitiously obtaining military knowledge, the bearer of the flag thus abusing his sacred character is deemed aspy. So sacred is the character of a flag of truce, and so necessary is its sacredness, that while its abuse is anespecially heinous offense, great caution is requisite, on the other hand, in convicting the bearer of a flag of truce asa spy.”); 1958 UK MANUAL 416 (“It is also an abuse of the flag of truce to use a white flag for the purpose ofmaking the enemy believe that a parlementaire is about to be sent when there is no such intention, and to carry outoperations under the protection granted by the enemy to the pretended flag of truce.”).43 1956 FM 27-10 (Change No. 1 1976) 458 (“The enemy is not required to cease firing when a white flag israised.”); LIEBER CODE art. 112 (“Firing is not required to cease on the appearance of a flag of truce in battle.”).44 1956 FM 27-10 (Change No. 1 1976) 458 (“It is essential, therefore, to determine with reasonable certainty thatthe flag is shown by actual authority of the enemy commander before basing important action upon thatassumption.”).45 For example, 2004 UK MANUAL 10.5.2 footnote 10 (“A British officer was killed at Goose Green during theFalklands conflict 1982 when moving towards a white flag. The shots were not fired by those displaying the whiteflag, but by others in the vicinity.”); SPAIGHT, WAR RIGHTS ON LAND 92-93 (“At Spion-Kop, some of the Britishtroops in an advanced trench on the mountain held up handkerchiefs in token of surrender, and the Boers cameforward to take them prisoners; they were fired upon by the other British soldiers, and some of them and also someof the prisoners were shot. Presidents Kruger and Steyn protested against this ‘abuse of the white flag,’ but theprotest cannot be upheld. For the particular men who put up the signal of surrender to have fired on their captorswould have been treachery, but their comrades were not bound by their action; the surrender was not authorised andthe main body of the British troops on the hill were perfectly entitled to disregard it and to fire both on their ownmen who surrendered and on the enemy disarming them.”).46 1956 FM 27-10 (Change No. 1 1976) 461 (“Fire should not be intentionally directed on parlementaires or thoseaccompanying them.”); 1958 UK MANUAL 396 (“Fire must not be directed intentionally on the person carrying thewhite flag or on persons near him.”).829

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