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communicating their status to the enemy. 62 They should take appropriate measures to helpclarify their status to enemy forces. For example, the parlementaire’s party should move slowlyand deliberately so that it is not inadvertently attacked. 63While within the lines of the enemy, the parlementaire must obey all instructions givento him or her. The parlementaire may be required to deliver his or her message to a subordinateof the commander. 6412.5.4 Rights of Inviolability of the Parlementaire. A parlementaire and members of theparlementaire’s party (e.g., an interpreter) have a right to inviolability. 65 For example, it wouldbe a serious violation of good faith to attack deliberately a parlementaire’s party that has beenreceived and acknowledged. 6612.5.4.1 Security Measures Are Consistent With Inviolability. The receivingcommander, however, may take all the necessary steps to prevent the envoy from takingadvantage of his or her mission to obtain information. 67 For example, the envoy and the envoy’sinterpreter may be blindfolded or hooded for security purposes. 6812.5.4.2 Loss of Rights of Inviolability of Parlementaire. A parlementaire loseshis or her rights of inviolability if it is proved in a clear and uncontestable manner that he or shehas taken advantage of his or her privileged position to provoke or commit an act of treachery. 69art. 113 (“If the bearer of a flag of truce, presenting himself during an engagement, is killed or wounded, it furnishesno ground of complaint whatever.”). Refer to § 5.12.3.2 (Harm to Certain Individuals Who May Be Employed In orOn Military Objectives).62 See 1956 FM 27-10 (Change No. 1 1976) 461 (“It is the duty of the parlementaire to select a propitious momentfor displaying his flag, such as during the intervals of active operations, and to avoid dangerous zones by making adetour.”); 1958 UK MANUAL 396 (“It is for the parlementaire to wait until there is a propitious moment, or to makea detour to avoid a dangerous zone.”).63 See 1958 UK MANUAL 402 note 1 (“Unfortunate incidents may occur if the parlementaire arrives at or leaves theenemy lines at speed as he may draw fire before he is recognised.”).64 1956 FM 27-10 (Change No. 1 1976) 464 (“While within the lines of the enemy, the parlementaire must obey allinstructions given him. He may be required to deliver his message to a subordinate of the commander.”).65 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.”).66 George H. Williams, Attorney General, The Modoc Indian Prisoners, Jun. 7, 1873, 14 OPINIONS OF THEATTORNEY GENERAL 249, 250 (1875) (“According to the laws of war there is nothing more sacred than a flag oftruce dispatched in good faith, and there can be no greater act of perfidy and treachery than the assassination of itsbearers after they have been acknowledged and received by those to whom they are sent.”).67 HAGUE IV REG. art. 33 (“[The commander to whom a flag of truce is sent] may take all the necessary steps toprevent the envoy taking advantage of his mission to obtain information.”).68 SPAIGHT, WAR RIGHTS ON LAND 217-18 (“[I]t is no indignity for a parlementaire, however high his rank, to havehis eyes bandaged.”).69 HAGUE IV REG. art. 34 (“The envoy loses his rights of inviolability if it is proved in a clear and incontestablemanner that he has taken advantage of his privileged position to provoke or commit an act of treachery.”).832

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