10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

eplenish or increase their supplies of war materials or their armaments, or for completing theircrews. 9915.5.2 Prohibition Against Recruiting and Forming Corps of Combatants. Units ofcombatants may not be formed nor may recruiting agencies be established on the territory of aneutral State to assist a belligerent State. 100 This means that the establishment of recruitingagencies, the enlistment of personnel, the formation and organization of hostile expeditions on aneutral State’s territory, and the passage across its frontiers of organized bodies of personnelintending to enlist are prohibited. 10115.5.2.1 Exception for Authorized Medical Personnel. This prohibition does notextend to medical personnel and units of voluntary aid societies of a neutral State who are dulyauthorized to provide medical assistance to a belligerent State. 102 In no circumstance shall suchassistance by medical personnel and units of voluntary aid societies of the neutral State beconsidered as interference in the conflict. 10315.5.2.2 Exception for Persons Crossing a Neutral State’s Frontiers Separately toAssist a Belligerent State. The prohibition against organizing units of combatants is directedagainst organized bodies, which only require being armed to become an immediate fightingforce. 104 Thus, the responsibility of a neutral State is not engaged by the fact of persons crossingthe frontier separately to offer their services to one of the belligerent States. 105 Individualscrossing the frontier singly or in small bands that are unorganized create no obligation on theneutral State. 10699 HAGUE XIII art. 18 (“Belligerent war-ships may not make use of neutral ports, roadsteads, or territorial waters forreplenishing or increasing their supplies of war material or their armament, or for completing their crews.”).100 HAGUE V art. 4 (“Corps of combatants cannot be formed nor recruiting agencies opened on the territory of aneutral Power to assist the belligerents.”).101 1956 FM 27-10 (Change No. 1 1976) 522b (“Application of Rule. The establishment of recruiting agencies, theenlistment of men, the formation and organization of hostile expeditions on neutral territory, and the passage acrossits frontiers of organized bodies of men intending to enlist are prohibited.”); Consultative Meeting of ForeignMinisters of the American Republics, Final Act of the Meeting: V General Declaration of Neutrality of theAmerican Republics, 3, Oct. 3, 1939, 1 DEPARTMENT OF STATE BULLETIN 326, 327 (Oct. 7, 1939) (The AmericanRepublics resolve “[t]o declare that with regard to their status as neutrals, there exist certain standards recognized bythe American Republics applicable in these circumstances and that in accordance with them they: ... (c) Shallprevent on their respective territories the enlistment of persons to serve in the military, naval, or air forces of thebelligerents;”).102 1956 FM 27-10 (Change No. 1 1976) 522c (“This prohibition does not extend to medical personnel and units ofa voluntary aid society duly authorized to join one of the belligerents. (See GWS, art. 27; par. 229 herein.)”).103 Refer to § 4.12 (Staff of a Recognized Aid Society of a Neutral Country).104 1956 FM 27-10 (Change No. 1 1976) 524a (“The prohibition in Article 4, H. V (par. 522), is directed againstorganized bodies which only require to be armed to become an immediate fighting force.”).105 HAGUE V art. 6 (“The responsibility of a neutral Power is not engaged by the fact of persons crossing the frontierseparately to offer their services to one of the belligerents.”).106 1956 FM 27-10 (Change No. 1 1976) 524a (“Individuals crossing the frontier singly or in small bands that areunorganized create no obligation on the neutral State.”).948

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!