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The terms military passport and safe-conduct have to some degree been usedinterchangeably, but military passport generally has been used in a broader sense than safeconduct.81Ultimately, however, the purpose of the document will be more important than thenomenclature in deciding the nature of the document issued. 8212.6.2 Military Passport. A military passport is a document issued by order of acommander of belligerent forces, authorizing a person or persons named therein residing orsojourning within territory occupied by such forces to travel unmolested within such territory,with or without permission to pass, or to pass and return by designated routes through the lines,subject to such further conditions and limitations as the commander may prescribe. 83Unlike a passport for peacetime travel, such as a passport issued by the U.S. StateDepartment, a military passport would be issued under a commander’s authority to regulatecommerce and travel within territory controlled by his or her forces. 8412.6.3 Safe Conduct. Documents like passports, issued by the same authority and forsimilar purposes to persons residing or traveling outside of the occupied areas who desire toenter and remain within or pass through such areas, are called safe-conducts. 85 Similardocuments issued by the same authority to persons residing within or without the occupied areasto permit them to carry specified goods to or from designated places within those areas, and toengage in trade otherwise forbidden by the general rule of non-intercourse, are also called safeconducts.86 Safe-conducts for goods in which the grantee is given a continuing right for a81 SPAIGHT WAR RIGHTS ON LAND 230 (“A ‘safe-conduct’ or ‘passport’ is a written authority issued by acommander to one or more individuals, allowing him or them to pass through districts occupied by his forces. Theterms appear to be convertible, though some would make the ‘passport’ confer a more extended liberty of movementthan the ‘safe-conduct,’ which they would confine to an authority to come to a specified place for a specifiedobject.”).82 2004 UK MANUAL 10.35.1 (“Arrangements are sometimes made between a military commander and anindividual national or group of nationals belonging to the adverse party or to a neutral state. Such arrangements maybe in the form of passports or safe conducts. Nomenclature is not significant in deciding the nature of the documentissued. In fact, occasionally, the term ‘pass’ or ‘permit’ has been used. The decisive factor is the purpose for whichthe document has been issued, and not its terminology.”).83 1956 FM 27-10 (Change No. 1 1976) 455 (“A military passport is a document issued by order of a commanderof belligerent forces, authorizing a person or persons named therein, residing or sojourning within territory occupiedby such forces, to travel unmolested within such territory, with or without permission to pass, or to pass and return,by designated routes, through the lines, subject to such further conditions and limitations as the commander mayprescribe.”).84 Refer to § 5.19.1.1 (Belligerent Authority to Exercise Control in the Immediate Vicinity of Military Operations);§ 11.4.1 (Right of the Occupying Power to Govern the Enemy Territory Temporarily).85 1956 FM 27-10 (Change No. 1 1976) 456 (“Documents like passports, issued by the same authority and forsimilar purposes, to persons residing or sojourning outside of the occupied areas, who desire to enter and remainwithin or pass through such areas, are called safe-conducts.”).86 1956 FM 27-10 (Change No. 1 1976) 456 (“Similar documents, issued by the same authority, to persons residingwithin or without the occupied areas, to permit them to carry specified goods to or from designated places withinthose areas, and to engage in trade otherwise forbidden by the general rule of nonintercourse, are also called safeconducts.”).835

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