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Safeguards have been used to protect cultural property or other civilian property orpersonnel meriting special protection. 10212.6.4.1 Personnel Serving as a Safeguard. A safeguard is a detachment, guard,or detail posted by a commander for the protection of persons, places, or property of the enemyor of a neutral. 103Combatants serving as safeguards occupy a protected status. 104 They may not beattacked, and it is customary to send them back, together with their equipment and arms, to theirown armed forces when the locality is occupied by the enemy and as soon as military exigenciespermit. 10512.6.4.2 Written Safeguard. The term safeguard also refers to a written order leftby a commander with an enemy subject, or posted upon enemy property, for the protection ofthat person or property. 106 It is usually directed to the succeeding commander and requests agrant of protection. 10712.6.4.3 Uniform Code of Military Justice Offense of Forcing a Safeguard. Theviolation of a safeguard is a serious violation of the law of war. 108 The Uniform Code ofMilitary Justice makes forcing a safeguard punishable. 109 “Forcing a safeguard” means toperform an act or acts in violation of the protection of the safeguard. 110102 For example, SPAIGHT, WAR RIGHTS ON LAND 231 (“The object of a safeguard is generally to protect museums,historic monuments or the like; occasionally to show respect for a distinguished enemy, as in the case of thesafeguard which McClellan placed over Mrs. R. E. Lee’s residence, White House, Virginia, in 1862. When alliesinvaded France in 1814, the Emperor Alexander of Russia honoured himself and Poland by his graceful act inassigning a guard of honour of Polish soldiers to protect the house of Kosciusko -- then living, almost as a peasant,near Troyes -- from pillage and contribution.”).103 1956 FM 27-10 (Change No. 1 1976) 457 (“A safeguard is a detachment, guard, or detail posted by acommander for the protection of persons, places, or property of the enemy, or of a neutral.”).104 1956 FM 27-10 (Change No. 1 1976) 457 (“Soldiers on duty as safeguards occupy a protected status.”).105 1956 FM 27-10 (Change No. 1 1976) 457 (“They may not be attacked, and it is customary to send them back,together with their equipment and arms, to their own army when the locality is occupied by the enemy and as soonas military exigencies permit.”).106 1956 FM 27-10 (Change No. 1 1976) 457 (“The term also includes a written order left by a commander with anenemy subject or posted upon enemy property for the protection of the individual or property concerned.”).107 1956 FM 27-10 (Change No. 1 1976) 457 (“It is usually directed to the succeeding commander and requests thegrant of protection.”).108 1956 FM 27-10 (Change No. 1 1976) 457 (“The violation of a safeguard is a grave violation of the law of warand, if committed by a person subject to the Uniform Code of Military Justice, is punishable under Article 102thereof with death or such other punishment as a court-martial may direct.”).109 See 10 U.S.C. § 902 (“Any person subject to this chapter who forces a safeguard shall suffer death or such otherpunishment as a court-martial may direct.”).110 MANUAL FOR COURTS-MARTIAL IV-39 (26.c.(2)) (2012) (“‘Forcing a safeguard’ means to perform an act or actsin violation of the protection of the safeguard.”).838

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