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include, for example, a driver and communications personnel, and they would take similarmeasures to make their status and purpose clear to the other side. 5412.5.2 Refusal or Reception of a Parlementaire. The commander to whom a flag of truceis sent is not in all cases obliged to receive it. 55 A commander may decline to receive aparlementaire for reasons of military necessity, such as if the reception of the parlementairewould interfere with the commander’s operations. 56 However, a belligerent may not declarebeforehand, even for a specified period – except in case of reprisal for abuses of the flag of truce– that it will not receive parlementaires. 57A commander may declare the formalities and conditions upon which he or she willreceive a parlementaire and fix the hour and place at which the parlementaire must appear. 58The receiving commander may set the details of the meeting, such as the time, place, number ofpersons accompanying the parlementaire, authorized method of transport (e.g., foot or vehicle),and the frequency of meetings if more than one will take place. For example, the receivingcommander may limit the size of the parlementaire’s party and need not allow an unnecessaryrepetition of parlementaire visits. 59Although commanders may refuse to receive parlementaires and other enemy envoysseeking to negotiate, commanders may not refuse the unconditional surrender of the adversary ordeclare that they will refuse unconditional surrender. 6012.5.3 Duties and Liabilities of the Parlementaire. Persons who display a white flagduring combat accept the risk that they might be inadvertently wounded or killed whileattempting to communicate with opposing forces. 61 Parlementaires bear the burden of54 See also 2004 UK MANUAL 10.4 footnote 5 (“Although the reference here is to ‘trumpeter, bugler or drummer,the flag bearer and interpreter who may accompany him’, in modern warfare, the party is more likely to consist of adriver and radio operator, together with an interpreter. The interpreter will not necessarily be a member of thearmed forces and may be a civilian. The white flag will most likely be attached to the vehicle conveying theparty.”).55 HAGUE IV REG. art. 33 (“The commander to whom a flag of truce is sent is not in all cases obliged to receive it.”).See also LIEBER CODE art. 111 (“The bearer of a flag of truce cannot insist upon being admitted. He must always beadmitted with great caution. Unnecessary frequency is carefully to be avoided.”).56 1958 UK MANUAL 398 (“The commander to whom a parlementaire is sent is not obliged to receive him in everycase. There may be a movement in progress the success of which depends on secrecy, or owing to the state of thedefences, it may be considered undesirable to allow an envoy to approach a besieged locality.”).57 1956 FM 27-10 (Change No. 1 1976) 464 (“The present rule is that a belligerent may not declare beforehand,even for a specified period -- except in case of reprisal for abuses of the flag of truce -- that he will not receiveparlementaires.”).58 1956 FM 27-10 (Change No. 1 1976) 464 (“A commander may declare the formalities and conditions uponwhich he will receive a parlementaire and fix the hour and place at which he must appear.”).59 See, e.g., 1956 FM 27-10 (Change No. 1 1976) 464 (“An unnecessary repetition of visits need not be allowed.”);LIEBER CODE art. 111 (“Unnecessary frequency is carefully to be avoided.”).60 Refer to § 5.5.7 (Prohibition Against Declaring That No Quarter Be Given); § 5.10.3 (Persons Who HaveSurrendered).61 1956 FM 27-10 (Change No. 1 1976) 461 (“If, however, the parlementaires or those near them presentthemselves during an engagement and are killed or wounded, it furnishes no ground for complaint.”); LIEBER CODE831

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