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Neutral States shall not oppose the voluntary departure of nationals of belligerent Stateseven though they leave simultaneously in great numbers; but they may oppose the voluntarydeparture of their own nationals going to enlist in the armed forces of belligerent States. 107Neutral States are not required to enact legislation forbidding their nationals to join the armedforces of belligerent States. 108Neutral States, however, may not send regularly constituted military units across thefrontier in the guise of “volunteers” or small unorganized bands. 10915.5.3 Prohibition Against Establishment or Use of Belligerent CommunicationsFacilities in Neutral Territory. Belligerent States are prohibited from erecting on the territory ofa neutral State any apparatus for the purpose of communicating with belligerent forces on land orsea. 110 Belligerent States are prohibited from using any installation of this kind established bythem before the armed conflict on the territory of a neutral State for purely military purposes,and which has not been opened for the service of public messages. 11115.5.3.1 Use of Neutral Facilities by Belligerents Not Prohibited. A neutral Statedoes not, however, have to forbid or restrict the use on behalf of belligerent States ofcommunications equipment and facilities belonging to the neutral State, or belonging tocompanies or private individuals. 112That a neutral State, if it so desires, may transmit messages by means of itscommunications facilities does not imply that the neutral State may use such facilities or permit107 1928 PAN AMERICAN MARITIME NEUTRALITY CONVENTION art. 23 (“Neutral states shall not oppose the voluntarydeparture of nationals of belligerent States even though they leave simultaneously in great numbers; but they mayoppose the voluntary departure of their own nationals going to enlist in the armed forces.”).108 1956 FM 27-10 (Change No. 1 1976) 524a (“Neutral States are not required to enact legislation forbidding theirnationals to join the armed forces of the belligerents.”).109 1956 FM 27-10 (Change No. 1 1976) 524a (“The foregoing rules do not, however, permit a State professing tobe neutral to send regularly constituted military units across the frontier in the guise of ‘volunteers’ or smallunorganized bands.”).110 HAGUE V art. 3 (“Belligerents are likewise forbidden to: (a.) Erect on the territory of a neutral Power a wirelesstelegraphy station or other apparatus for the purpose of communicating with belligerent forces on land or sea;”);HAGUE XIII art. 5 (“Belligerents are forbidden to use neutral ports and waters as a base of naval operations againsttheir adversaries, and in particular to erect wireless telegraphy stations or any apparatus for the purpose ofcommunicating with the belligerent forces on land or sea.”); 1928 PAN AMERICAN MARITIME NEUTRALITYCONVENTION art. 4 (“Under the terms of the preceding article, a belligerent state is forbidden: … b) To install inneutral waters radio-telegraph stations or any other apparatus which may serve as a means of communication withits military forces, or to make use of installations of this kind it may have established before the war and which maynot have been opened to the public.”).111 HAGUE V art. 3 (“Belligerents are likewise forbidden to: ... (b.) Use any installation of this kind established bythem before the war on the territory of a neutral Power for purely military purposes, and which has not been openedfor the service of public messages.”).112 HAGUE V art. 8 (“A neutral Power is not called upon to forbid or restrict the use on behalf of the belligerents oftelegraph or telephone cables or of wireless telegraphy apparatus belonging to it or to companies or privateindividuals.”).949

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