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12.5.1.1 Parlementaire – Notes on Terminology. The term parlementaire isderived from “parley” and was adopted by governments at the First Hague Peace Conference in1899. 48 These provisions were repeated in the 1907 Hague IV Regulations.Article 32 of the Hague IV Regulations provides that “a person is regarded as bearing aflag of truce who has been authorized by one of the belligerents to enter into communicationwith the other, and who advances bearing a white flag.” 49 Although the word parlementaire hasbeen translated as a person bearing a flag of truce, the parlementaire need not physically carrythe white flag. 50 12.5.1.2 Authorization and Credentials of the Parlementaire. A parlementairemust be authorized by a belligerent to enter into communications with the other side. 51 Todemonstrate the authorization to negotiate, a parlementaire must be duly authorized in a writteninstrument signed by the commander of his or her forces. 5212.5.1.3 Members of a Parlementaire Party. A parlementaire may come alone, orhe or she may request to have others, such as an interpreter, accompany him or her. In the past,flag-bearers or drummers accompanied parlementaires to reduce the risk that the parlementaireswould be inadvertently attacked. 53 In modern warfare, members of a parlementaire’s party may47 1956 FM 27-10 (Change No. 1 1976) 459 (“Parlementaires are agents employed by commanders of belligerentforces in the field, to go in person within the enemy lines, for the purpose of communicating or negotiating openlyand directly with the enemy commander.”).48 1958 UK MANUAL 389 (“The usual agents in the non-hostile intercourse of belligerent armies are known asparlementaires.”); 1958 UK MANUAL 389 note 1 (“It has been thought desirable to adopt this term, for which theancient verb ‘to parley’ would seem good authority, from the Hague Rules; it is current in other armies, in additionto the expression ‘flag of truce’. The use of the latter term by British manuals in the past to mean sometimes boththe envoy and the emblem, sometimes only the envoy, and at other times the envoy and his attendants, has given riseto some confusion. The use of the expression ‘bearer of a flag of truce’ to signify the principal agent is alsomisleading, as he is seldom the actual bearer of the flag.”).49 HAGUE IV REG. art. 32.50 1914 RULES OF LAND WARFARE 235 note 1 (“The adoption of the word ‘parlementaire’ to designate anddistinguish the agent or envoy seems absolutely essential in order to avoid confusion and because all other nations,including Great Britain, utilize the word. In the past this word has been translated at times to mean the agent orenvoy only, at other times the agent and emblem, or both. To call the parlementaire ‘the bearer of a flag of truce’ isnot in reality correct, because he seldom, if ever, actually carries it.”).51 HAGUE IV REG. art. 32 (“A person is regarded as bearing a flag of truce who has been authorized by one of thebelligerents to enter into communication with the other, and who advances bearing a white flag.”).52 1956 FM 27-10 (Change No. 1 1976) 462 (“Parlementaires must be duly authorized in a written instrumentsigned by the commander of the forces.”).53 HAGUE IV REG. art. 32 (“A person is regarded as bearing a flag of truce who has been authorized by one of thebelligerents to enter into communication with the other, and who advances bearing a white flag. He has a right toinviolability, as well as the trumpeter, bugler or drummer, the flag-bearer and interpreter who may accompanyhim.”).830

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