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that are at war. 152152 Refer to § 15.1.1 (Matters Addressed by the Law of Neutrality).97
IV – Classes of PersonsChapter Contents4.1 Introduction4.2 The Armed Forces and the Civilian Population4.3 Lawful Combatants and Unprivileged Belligerents4.4 Rights, Duties, and Liabilities of Combatants4.5 Armed Forces of a State4.6 Other Militia and Volunteer Corps4.7 Levée en Masse4.8 Rights, Duties, and Liabilities of Civilians4.9 Military Medical and Religious Personnel4.10 Rights, Duties, and Liabilities of Military Medical and Religious Personnel4.11 Authorized Staff of Voluntary Aid Societies4.12 Staff of a Recognized Aid Society of a Neutral Country4.13 Auxiliary Medical Personnel4.14 Personnel Engaged in Duties Related to the Protection of Cultural Property4.15 Persons Authorized to Accompany the Armed Forces4.16 Crews of Merchant Marine Vessels or Civil Aircraft4.17 Spies, Saboteurs, and Other Persons Engaging in Similar Acts BehindEnemy Lines4.18 Private Persons Who Engage in Hostilities4.19 Rights, Duties, and Liabilities of Unprivileged Belligerents4.20 Children4.21 Mercenaries4.22 AP I Provisions on Civil Defense Personnel4.23 Law Enforcement Officers4.24 Journalists4.25 Delegates or Representatives of the Protecting Powers4.26 ICRC and Other Impartial Humanitarian Organizations4.27 Determining the Status of Detainees in Cases of Doubt4.1 INTRODUCTIONThis Chapter addresses different classes of persons under the law of war. The law of warhas created a framework of classes of persons to help confine the fighting between opposingmilitary forces and thereby to help protect the civilian population from the effects of war. 1This Chapter addresses issues relating to various classes of people under the law of warincluding: (1) who is included in the various classes, such as “combatant” and “civilian”; (2) therights, duties, and liabilities of the persons in each class; and (3) how certain factual categories ofpersons, such as journalists, police officers, or child soldiers, fall within various classes and aretreated under the law of war.1 Refer to § 2.5.1 (Distinction as a Framework of Legal Classes).98
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DEPARTMENTOFDEFENSELAW OFWARMANUALJ
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5.15 Undefended Cities, Towns, and
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10.6 Measures of Control and Securi
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13.11 Naval Mines .................
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18.11 Protests and Demands to the O
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AbbreviationLong Form1958 UK Manual
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AbbreviationCCW Protocol IV on Blin
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AbbreviationICTRICTR StatuteICTYICT
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AbbreviationLong FormMessage from t
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AbbreviationVon Glahn, The Occupati
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This manual is not a substitute for
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policies and regulations are consta
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SignalCf.Function and Examples of U
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1.3.1.2 Law of War versus Internati
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considered peacetime rules appropri
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In addition to treaties, domestic s
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weapon does not depend on an absenc
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1.4.1 Object of War. The object of
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applied. 65 The limited and unrelia
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into “hostilities.” 75 Other st
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example, governments must refrain f
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ensuring the right and opportunity
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The Just War Tradition provides par
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for the purposes of this requiremen
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Customary international law is gene
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1.8.2.3 Specially Affected States.
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1.8.4 Objection During Development.
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1.9.2 Legal Writings of Highly Qual
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State responsibility. 1711.10.1.4 F
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• a competent authority to order
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1.11.1.3 All Peaceful Alternatives
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The resort to force must have a leg
Page 73 and 74: adopted this legal rationale. 220 C
Page 75 and 76: 1.11.5.3 Use of Force to Protect Na
Page 77 and 78: II - PrinciplesChapter Contents2.1
Page 79 and 80: armed forces and the civilian popul
Page 81 and 82: Military necessity cannot justify d
Page 83 and 84: • Certain affirmative duties to t
Page 85 and 86: made the object of attack. 46 Moreo
Page 87 and 88: • protections for the civilian po
Page 89 and 90: incidental harm. 74 Proportionality
Page 91 and 92: First, parties to a conflict must n
Page 93 and 94: 2.6 HONORHonor demands a certain am
Page 95 and 96: personal hostility. 118 For example
Page 97 and 98: III - Application of the Law of War
Page 99 and 100: the standards adhered to equal or e
Page 101 and 102: These other types of conflict are d
Page 103 and 104: Historically, certain conditions ha
Page 105 and 106: Moreover, the United States has not
Page 107 and 108: simply by providing objective evide
Page 109 and 110: not recognized by them. 65 The de f
Page 111 and 112: Any hostile action between the arme
Page 113 and 114: they are also bound by the applicab
Page 115 and 116: The principle that jus in bello rul
Page 117 and 118: neutrality have such a clause. 107
Page 119 and 120: not be used for military purposes i
Page 121 and 122: territory from enemy control to app
Page 123: from the protection of the GC. 142h
Page 127 and 128: 4.1.1.2 Different Terms Used to Des
Page 129 and 130: particular classes has some attribu
Page 131 and 132: Although seldom explicitly recogniz
Page 133 and 134: 4.3.4 Types of Unprivileged Bellige
Page 135 and 136: should be afforded the protections
Page 137 and 138: state of jurisdiction.” 79 This v
Page 139 and 140: 4.5 ARMED FORCES OF A STATEMembers
Page 141 and 142: eprisal, violated the prohibition a
Page 143 and 144: his or her armed forces is a questi
Page 145 and 146: circumstances would receive POW tre
Page 147 and 148: ecause the armed group failed to sa
Page 149 and 150: equirement recognizes that members
Page 151 and 152: distinguished from the civilian pop
Page 153 and 154: 4.7.1.1 Spontaneous. A levée en ma
Page 155 and 156: 4.8.1.3 “Civilian” in the GC. T
Page 157 and 158: forces” are treated as a special
Page 159 and 160: 4.9.2.2 Designated by Their Armed F
Page 161 and 162: Military medical and religious pers
Page 163 and 164: adverse party may not be detained.
Page 165 and 166: Auxiliary medical personnel shall w
Page 167 and 168: 1954 Hague Cultural Property Conven
Page 169 and 170: inspectors may have recourse to the
Page 171 and 172: subject to detention, not as POWs,
Page 173 and 174: egarded as taking a direct part in
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4.15.4 Persons Authorized to Accomp
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ineffective during World War I and
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Persons who act openly, such as by
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These kinds of activities almost ne
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4.17.5.1 Liability of Persons Not C
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ule applicable when a civilian forf
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4.18.4 Activities That Constitute
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In discussions of the status of pri
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legal obligation, the fundamental g
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law of war as also including source
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• special agreements for the rele
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4.21 MERCENARIESThe act of being a
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to the recruiting, use, financing,
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4.24.2 Other Journalists. In genera
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These delegates shall be subject to
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considerations may also limit acces
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practice, modern storage systems, s
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Afghanistan, 528 and Guantanamo. 52
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This Chapter, however, does not add
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may be grouped into two categories:
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• collecting intelligence from ci
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Feasible precautions are those that
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5.3.3.4 AP I Obligation to Take Con
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5.5 RULES ON CONDUCTING ASSAULTS, B
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5.5.3 Assessing Information in Cond
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In applying its rules on “doubt,
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may be used against military object
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5.5.7 Prohibition Against Declaring
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5.6.2 Persons, Objects, and Locatio
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objective, it is not a civilian obj
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o intelligence facilities.5.7.4.2 O
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contribution to the enemy’s milit
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“Military advantage” refers to
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command and control of military ope
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Oil refining and distribution facil
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• participants in a levée en mas
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international armed conflict. 202 S
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5.9 CIVILIANS TAKING A DIRECT PART
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• members of the civilian populat
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• the degree to which the act cau
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• providing or relaying informati
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common example of taking a direct p
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A “revolving door” of protectio
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preparing to fire a weapon or engag
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to fight. 274 If possible, those se
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• military medical units and faci
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For example, it may be advantageous
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5.12.1 General Notes on Applying th
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• parlementaires; 311 and• civi
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5.12.5 “Concrete and Direct Milit
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egular application of the distincti
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In this context, “locality” mea
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distinctive and visible signs. For
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are not defended” in order to mod
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Absent or until recognition, milita
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locality, when the location is to b
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to refrain from purposeful miscondu
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• Public movable property and cer
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5.17.2.3 Destruction of Enemy Prope
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ecomes the property of the capturin
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of the armed forces who before or i
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5.18.1 Definition of Cultural Prope
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• archaeological sites;• groups
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consider appropriate. 495 This obli
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• establishing civil authorities
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Pillage is prohibited more broadly.
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The distinctive emblem for cultural
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• a limited number of refuges int
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5.18.8.3 Marking of Cultural Proper
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location, the intended destination,
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special protection under Article 53
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• all consignments of medical and
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with a view towards weakening them
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“may be expected to leave the civ
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with the law of war where treachero
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• feigning of death or incapacita
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5.23.1.5 Use of Enemy Codes, Passwo
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5.24.4 Markings for Hospital, Safet
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example, pretending to be a civilia
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equipment or personnel as belonging
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aircraft, or the internet. Propagan
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5.26.3 Bribery or Offering of Rewar
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VI - WeaponsChapter Contents6.1 Int
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The fact that the legality of a wea
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6.3 OTHER PRACTICES TO HELP IMPLEME
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• poison, poisoned weapons, poiso
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• edged or pointed weapons, inclu
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Shotguns have been used as anti-per
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In 2013, a review conducted by DoD
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the wounding effect upon the target
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States have regarded the use of dep
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applicable to all weapons would app
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Non-lethal weapons, however, do not
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6.6 WEAPONS CALCULATED TO CAUSE SUP
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utility of the weapon. 130 Weapons
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6.6.3.2 Suffering and Injury Inflic
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6.6.4 Weapons Modified for the Purp
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eview should be considered before c
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6.8.1 Poison and Poisoned Weapons.
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are not prohibited by this rule. 17
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• to use chemical weapons;• to
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6.9 BIOLOGICAL WEAPONSBiological we
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6.9.3 Biological Weapons - Prohibit
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ENMOD Convention does not prohibit
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weapon that employs rubber projecti
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The design function of being activa
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6.12.1.6 Mines With Compliant Self-
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• remotely delivered mines other
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and provides a response signal equi
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hand grenade in the form of an appa
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• a prohibition against directing
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6.12.5.4 Effective Advance Warning
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controlling a minefield is obligate
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Annex to the CCW Amended Mines Prot
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and regulations, and to refrain fro
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Peninsula to engage in activity pro
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6.13 CLUSTER MUNITIONSCluster munit
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(b) To itself stockpile or transfer
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6.14.1.4 Excluded From the Definiti
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incendiary effects to the military
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prospect of recovery. Serious disab
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6.16.2 Prohibition on Use of Riot C
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6.17 HERBICIDESThe United States ha
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are party to the Nuclear Non-Prolif
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The reference to conventional munit
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measures include munitions manufact
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testing procedures, in order to mai
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considerations. 454These precaution
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isk education programs. 4656.20.4 P
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military and humanitarian operation
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territories under its control. 481
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VII -Wounded, Sick, Shipwrecked, De
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• to establish an armistice or su
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For protected persons who have fall
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• combatants who have been render
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These categories are the same categ
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captor’s own country, to a neutra
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For example, parties to a conflict
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yachts, or other craft, to take on
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For example, in addressing an influ
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In addition to providing for the me
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7.7 TREATMENT AND HANDLING OF ENEMY
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identity disc, last wills or other
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An examination and report are espec
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7.8.2 Meaning of “Respect and Pro
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shall wear, affixed to the left arm
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• members of the armed forces who
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7.9.4.1 Treatment Pending Return. P
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the outbreak of hostilities on the
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7.10.1.3 Capture Not Prohibited. Th
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in self-defense against medical uni
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The temporary presence of combatant
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The protection for ground transport
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7.12.1.3 Authorized Neutral Civilia
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7.12.2.2 No Use for Military Purpos
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assistance from these vessels, orde
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Hospital ships may not use encrypte
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7.12.3.5 Agreements to Facilitate t
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The obligation to refrain from use
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to verify the equipment carried. 35
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no objection to converting ordinary
Page 497 and 498:
7.14.6.1 Conditions Set by Neutral
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7.15.1.3 Red Crystal. AP III recogn
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7.15.2.1 Removal or Obscuration of
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military operations. 409 For exampl
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to lead such efforts or to carry ou
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The parties to the conflict shall,
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7.18.1 Protection of Civilian Hospi
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medical units. 457 The obligations
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VIII - Detention: Overview and Base
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8.1.3.1 Detention Authority. The le
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8.1.4.2 Article 75 of AP I and Rele
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The Copenhagen Process Principles a
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8.2.3 Prohibition Against Biologica
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8.3.4 Use of Force to Maintain Orde
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8.6.1 Safeguards as Regards Health
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place under conditions consistent w
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practice their religion and, if req
Page 531 and 532:
8.14.2 Review of Continued Detentio
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The obligation to release detainees
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8.16 CRIMINAL PROCEDURE AND PUNISHM
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8.16.3.1 Presumption of Innocence.
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9.1 INTRODUCTIONThis Chapter addres
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• for the relief of retained pers
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individual responsibilities that ma
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• members of the armed forces of
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The person need not have been captu
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9.4 NATIONAL-LEVEL GPW IMPLEMENTATI
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• date of birth.In accordance wit
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9.5.2.3 No Exposure to a Combat Zon
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9.5.4 Reprisals Prohibited. Measure
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oth the person being searched from
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The Detaining Power may withdraw ar
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efuse to provide this information m
Page 563 and 564:
long-range reconnaissance patrol ne
Page 565 and 566:
9.11 GENERAL CONDITIONS IN POW CAMP
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9.11.3.3 Location Outside the Theat
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In addition, quarters should be kep
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9.12 SEGREGATION OF POWSAlthough th
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9.13.1.2 Additional Food for Certai
Page 575 and 576:
9.14 MEDICAL ATTENTION FOR INTERNED
Page 577 and 578:
9.14.2.4 Cost of Treatment. The cos
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9.16.1 Voluntariness of the Activit
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9.17.1.1 “Comfort Pack” Instead
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9.18.3 Advance of Pay. The Detainin
Page 585 and 586:
loss 342 ), shall form the subject
Page 587 and 588:
Every item entered in the account o
Page 589 and 590:
equired for use by the POW while in
Page 591 and 592:
9.19.2.3 Labor Assignments That May
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POWs must be allowed, in the middle
Page 595 and 596:
In certain cases, POWs who meet wit
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GPW (GPW Annex IV C). 431toward thi
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organization giving assistance to t
Page 601 and 602:
Parcels shall be admitted free of p
Page 603 and 604:
These provisions in no way detract
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captivity, such as disposing of pro
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external marks of respect may inclu
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circumstances. 518 For example, POW
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State’s armed forces may be punis
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makes it difficult to carry out the
Page 615 and 616:
• managing the distribution of co
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premises that may be visited will i
Page 619 and 620:
In this way, POWs who have escaped
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of Article 91 of the GPW shall be l
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the armed forces of the Detaining P
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The courts and authorities of the D
Page 627 and 628:
The decision shall be announced to
Page 629 and 630:
eceive the benefits of the GPW, exc
Page 631 and 632:
such notification reaches the Prote
Page 633 and 634:
Failing a choice by the POW, the Pr
Page 635 and 636:
• a summarized report of any prel
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without daylight, and, in general,
Page 639 and 640:
the Detaining Power has satisfied i
Page 641 and 642:
In addition to this information, in
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information that is asked for if th
Page 645 and 646:
74 of the GPW, 774 and, further, so
Page 647 and 648:
• observing trials of POWs if sec
Page 649 and 650:
accredited agents, all necessary fa
Page 651 and 652:
For example, if a POW’s identity
Page 653 and 654:
Statements shall be taken from witn
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No sick or injured POW who is eligi
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• those whose health has deterior
Page 659 and 660:
110 of the GPW. 874 For example, ab
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expect that a State would release a
Page 663 and 664:
voluntary, and personal choice. 893
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9.37.6 Costs of Repatriation at the
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9.38.5 Canteen Profits. The profits
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under Article 105 of the Uniform Co
Page 671 and 672:
X - Civilians in the Hands of a Par
Page 673 and 674:
• to establish and determine the
Page 675 and 676:
10.2.2.2 Notification of Measures T
Page 677 and 678:
The references in the GC that limit
Page 679 and 680:
10.3.3.3 Nationals of a Neutral Sta
Page 681 and 682:
10.4 DEROGATION FOR SECURITY REASON
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and medical or scientific experimen
Page 685 and 686:
Distinctions are permitted, and in
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observe the search so as to protect
Page 689 and 690:
10.7 GENERAL TREATMENT OF PROTECTED
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If the above provisions are infring
Page 693 and 694:
The foregoing shall not prejudice s
Page 695 and 696:
On the other hand, internees are no
Page 697 and 698:
10.9.3.2 Internment for Minor Offen
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and Disciplinary Sanctions) of Sect
Page 701 and 702:
in an unhealthy area, or has a clim
Page 703 and 704:
10.12.2 Canteen Stock and Prices. T
Page 705 and 706:
and, later on, to procure further s
Page 707 and 708:
operation, or hospital care, must b
Page 709 and 710:
10.15.3 Appointment of Other Minist
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After a working period of six weeks
Page 713 and 714:
Internees, however, are not entitle
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10.19.3 Internee Accounts. The Deta
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10.20.3.1 Prohibition Against Tatto
Page 719 and 720:
10.21.2.2 No Punishment for Making
Page 721 and 722:
• receiving parcels and remittanc
Page 723 and 724:
10.23 INTERNEE CORRESPONDENCE AND R
Page 725 and 726:
a case of military necessity may be
Page 727 and 728:
10.23.4.3 Exemption From Postal Cha
Page 729 and 730:
• correspondence and reports rela
Page 731 and 732:
e governed by the laws that applied
Page 733 and 734:
10.26 INTERNEE ESCAPESSimilar to th
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10.27.3 No Repetition of Punishment
Page 737 and 738:
10.28.3 Rights of Internees in Disc
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10.28.6.2 Exercise and Access to th
Page 741 and 742:
particulars of these and of any oth
Page 743 and 744:
10.29.4 Right of Appeal. A convicte
Page 745 and 746:
Additional rules apply to the trans
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luggage the internees are unable to
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All communications in writing made
Page 751 and 752:
10.31.2.5 Special Section for the I
Page 753 and 754:
monitors compliance with the GC, an
Page 755 and 756:
through an interpreter. 598 Such vi
Page 757 and 758:
10.34.3 Burial or Cremation and Inu
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10.35 RELEASE, RETURN, REPATRIATION
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nationals in enemy hands. 644644 GC
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the interests and welfare of the ci
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When the 1954 Hague Cultural Proper
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subject to its jurisdiction. 22 Alt
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law of belligerent occupation may p
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11.2 WHEN MILITARY OCCUPATION LAW A
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equire the presence of military for
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The substitution of authority by th
Page 777 and 778:
The general practice of the United
Page 779 and 780:
• 143 (access by Protecting Power
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Because sovereignty is not vested i
Page 783 and 784:
The duty to respect, unless absolut
Page 785 and 786:
example, an Occupying Power may not
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egulation of any or all forms of me
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11.8.4 Responsibility of the Occupy
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11.9.2 Authority for the Occupying
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• relating to political process,
Page 795 and 796:
Occupying Power may also reform loc
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11.11.1.1 Types of Laws That Are Co
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its properly constituted, non-polit
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11.11.4.1 Internment or Imprisonmen
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expressed before the occupation, or
Page 805 and 806:
Thus, for example, an Occupying Pow
Page 807 and 808:
11.12.5 Prohibition Against Deporti
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are inadequate. 260 Other articles
Page 811 and 812:
under the provisions of Articles 20
Page 813 and 814:
in cases of urgent necessity, in th
Page 815 and 816:
the living conditions of the civili
Page 817 and 818:
11.18.3 Property Control Measures.
Page 819 and 820:
owned. The Occupying Power may take
Page 821 and 822:
Private personal (movable) property
Page 823 and 824:
destruction of, or willful damage d
Page 825 and 826:
Special additional rules apply to t
Page 827 and 828:
Convention. 368 Whenever a High Con
Page 829 and 830:
The purpose of this rule, at least
Page 831 and 832:
These officials may not be required
Page 833 and 834:
Measures intended to reduce unemplo
Page 835 and 836:
During the occupation, the fiscal l
Page 837 and 838:
The Occupying Power may use tax rev
Page 839 and 840:
11.22.2.2 Methods of Levying Contri
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11.22.3.2 Power to Suspend Customs
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clearly in the interest of sound fi
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commercial restrictions or regulati
Page 847 and 848:
11.23.4 Regulation of External Trad
Page 849 and 850:
XII - Non-Hostile Relations Between
Page 851 and 852:
Under the GC, however, protected pe
Page 853 and 854:
• compacts between enemies, such
Page 855 and 856:
flag, especially where the display
Page 857 and 858:
12.5.1.1 Parlementaire - Notes on T
Page 859 and 860:
communicating their status to the e
Page 861 and 862:
agreement of the parties be set asi
Page 863 and 864:
prescribed period, or until further
Page 865 and 866:
Safeguards have been used to protec
Page 867 and 868:
example, a capitulation agreement c
Page 869 and 870:
the validity of the surrender. 128
Page 871 and 872:
A commander’s competence to capit
Page 873 and 874:
y higher authority, the other belli
Page 875 and 876:
Although in some cases distinctions
Page 877 and 878:
for the purpose of reference should
Page 879 and 880:
• to receive reinforcements;• t
Page 881 and 882:
If nothing is stipulated, intercour
Page 883 and 884:
12.12.5.3 Signals. The belligerents
Page 885 and 886:
12.13.2 Violations of an Armistice
Page 887 and 888:
XIII - Naval WarfareChapter Content
Page 889 and 890:
freedoms on a worldwide basis in a
Page 891 and 892:
13.2.2 National Waters. National wa
Page 893 and 894:
geographic, economic, and political
Page 895 and 896:
The United States has established a
Page 897 and 898:
13.3 OVERVIEW OF RULES FOR NAVAL EN
Page 899 and 900:
at sea by or from aircraft, but do
Page 901 and 902:
government by the fact of capture.
Page 903 and 904:
under the circumstances of the spec
Page 905 and 906:
13.6.2.1 Cartel Vessels. Vessels an
Page 907 and 908:
enemy merchant vessel. 115 However,
Page 909 and 910:
State of information concerning mil
Page 911 and 912:
The establishment of such a zone do
Page 913 and 914:
and safe access to the ports and co
Page 915 and 916:
The form of the notification is not
Page 917 and 918:
13.10.3 Special Entry and Exit Auth
Page 919 and 920:
A vessel sailing ignorantly (i.e.,
Page 921 and 922:
13.11.2.2 International Waters. Con
Page 923 and 924:
13.11.3.4 Recording of Minefield Lo
Page 925 and 926:
13.12 TORPEDOESIt is forbidden to u
Page 927 and 928:
XIV - Air and Space WarfareChapter
Page 929 and 930:
The 1944 Chicago Convention, howeve
Page 931 and 932:
eferences to aspects of war in the
Page 933 and 934:
14.2.3 Flight Information Regions.
Page 935 and 936:
The establishment of an ADIZ by a S
Page 937 and 938:
necessary for an aircraft to consti
Page 939 and 940:
14.3.3.3 Military Aircraft - Comman
Page 941 and 942:
If downed aircrew fall into the pow
Page 943 and 944:
Any enemy State aircraft (including
Page 945 and 946:
of distress to evade enemy attacks.
Page 947 and 948:
• when otherwise integrated into
Page 949 and 950:
communicate clearly to aircraft tha
Page 951 and 952:
Certain provisions of these treatie
Page 953 and 954:
In addition, this rule in Article I
Page 955 and 956:
corresponding interests of all othe
Page 957 and 958:
armed conflicts, and the rules pres
Page 959 and 960:
assume that the particular treaty r
Page 961 and 962:
15.2.1.2 Application of Certain Dut
Page 963 and 964:
The law of neutrality has tradition
Page 965 and 966:
way that arguably certain requireme
Page 967 and 968:
waters, and neutral airspace). 56 F
Page 969 and 970:
The supply of services and goods to
Page 971 and 972:
State’s neutral status. Rather, w
Page 973 and 974:
duties of neutrality. 87belligerent
Page 975 and 976:
eplenish or increase their supplies
Page 977 and 978:
their use to lend assistance to the
Page 979 and 980:
Certain types of humanitarian assis
Page 981 and 982:
15.7 NEUTRAL WATERSBelligerent Stat
Page 983 and 984:
scientific, or philanthropic purpos
Page 985 and 986:
Belligerent forces transiting throu
Page 987 and 988:
15.9.2 Detention of Belligerent Shi
Page 989 and 990:
If the 1928 Pan American Maritime N
Page 991 and 992:
15.10 NEUTRAL AIRSPACEIn general, b
Page 993 and 994:
The right of angary does not apply
Page 995 and 996:
Contraband goods are liable to capt
Page 997 and 998:
In practice, neutral States have pr
Page 999 and 1000:
These presumptions of the destinati
Page 1001 and 1002:
15.13.2 Types of Neutral Vessels an
Page 1003 and 1004:
15.13.4 Procedure for Visit and Sea
Page 1005 and 1006:
subject to treatment as enemy merch
Page 1007 and 1008:
• carrying personnel in the milit
Page 1009 and 1010:
Every reasonable effort should be m
Page 1011 and 1012:
15.16 BELLIGERENT FORCES TAKING REF
Page 1013 and 1014:
State’s warship or a neutral Stat
Page 1015 and 1016:
15.16.4 Parole of Belligerent Perso
Page 1017 and 1018:
liberty from the belligerent forces
Page 1019 and 1020:
15.18.1.2 Personnel or Material of
Page 1021 and 1022:
XVI - Cyber OperationsChapter Conte
Page 1023 and 1024:
technological developments or gaini
Page 1025 and 1026:
Certain cyber operations may not ha
Page 1027 and 1028:
cyber operations that amount to an
Page 1029 and 1030:
The Standing Rules of Engagement fo
Page 1031 and 1032:
conducting attacks must be applied
Page 1033 and 1034:
other protected persons and objects
Page 1035 and 1036:
support and participate in military
Page 1037 and 1038:
XVII - Non-International Armed Conf
Page 1039 and 1040:
“Internationalized” has been us
Page 1041 and 1042:
conflict. 17 The rules for States c
Page 1043 and 1044:
law of war has developed. 29 The di
Page 1045 and 1046:
private individuals.” 40 Similarl
Page 1047 and 1048:
conflict. 52 Similarly, States nego
Page 1049 and 1050:
Further, by the express terms of th
Page 1051 and 1052:
Hague Cultural Property Convention,
Page 1053 and 1054:
jurisdiction with respect to the ac
Page 1055 and 1056:
nationality. 85 The procedures of s
Page 1057 and 1058:
non-State armed groups often do not
Page 1059 and 1060:
17.6 RESPECT AND HUMANE TREATMENT O
Page 1061 and 1062:
• In conducting attacks, combatan
Page 1063 and 1064:
to be carried out, all possible mea
Page 1065 and 1066:
Measures shall be taken, if necessa
Page 1067 and 1068:
are nationals of that State could b
Page 1069 and 1070:
17.14 PROTECTION OF THE WOUNDED, SI
Page 1071 and 1072:
17.15 PROTECTION OF MEDICAL AND REL
Page 1073 and 1074:
17.16.1 Display of the Emblem Under
Page 1075 and 1076:
These are closely analogous to the
Page 1077 and 1078:
It may be unnecessary for a bellige
Page 1079 and 1080:
XVIII - Implementation and Enforcem
Page 1081 and 1082:
18.1.2 National Obligations to Impl
Page 1083 and 1084:
principles and rules are consistent
Page 1085 and 1086:
18.3.2 Refuse to Comply With Clearl
Page 1087 and 1088:
For example, commanders have obliga
Page 1089 and 1090:
components, are reviewed by legal a
Page 1091 and 1092:
18.6.1.2 Dissemination and Study -
Page 1093 and 1094:
The 1949 Geneva Conventions, the CC
Page 1095 and 1096:
ensure observance of that Conventio
Page 1097 and 1098:
18.9 STATES’ OBLIGATIONS WITH RES
Page 1099 and 1100:
18.9.3.1 Acts Constituting Grave Br
Page 1101 and 1102:
of the 1949 Geneva Conventions coul
Page 1103 and 1104:
18.9.5.1 War Crimes - Any Violation
Page 1105 and 1106:
18.11 PROTESTS AND DEMANDS TO THE O
Page 1107 and 1108:
18.12.3 Authorizing the Use of Forc
Page 1109 and 1110:
18.12.5.3 U.N. Security Council Rol
Page 1111 and 1112:
Services have regulations for the c
Page 1113 and 1114:
18.15.1 Background on the Protectin
Page 1115 and 1116:
18.15.2.3 Impartial Humanitarian Or
Page 1117 and 1118:
war in that a State that violates t
Page 1119 and 1120:
18.16.4 No Private Right to Compens
Page 1121 and 1122:
violations of the law of war. 193 S
Page 1123 and 1124:
However, the acts resorted to by wa
Page 1125 and 1126:
• the natural environment; 219 an
Page 1127 and 1128:
18.19 DISCIPLINE IN NATIONAL JURISD
Page 1129 and 1130:
Offenses under the Uniform Code of
Page 1131 and 1132:
• certain acts involving biologic
Page 1133 and 1134:
In the past, military commissions h
Page 1135 and 1136:
prosecuted under the MEJA or the Wa
Page 1137 and 1138:
18.20.3.1 Attempt to Assert Jurisdi
Page 1139 and 1140:
121 and 123 of the Rome Statute def
Page 1141 and 1142:
18.21.1 Jurisdiction Over War Crime
Page 1143 and 1144:
principle. 298 Efforts by certain S
Page 1145 and 1146:
of an international criminal tribun
Page 1147 and 1148:
This principle has been reflected i
Page 1149 and 1150:
18.23 THEORIES OF INDIVIDUAL CRIMIN
Page 1151 and 1152:
command responsibility as a mode of
Page 1153 and 1154:
18.23.5 Conspiracy. The essence of
Page 1155 and 1156:
its Charter to authorize prosecutio
Page 1157 and 1158:
mind in which a person, although he
Page 1159 and 1160:
that the United States has neither
Page 1161 and 1162:
• Hague Convention for the Protec
Page 1163 and 1164:
• Vienna Convention on the Law of
Page 1165 and 1166:
• General Report of the Commissio
Page 1167 and 1168:
19.5 1864 GWSThe Geneva Convention
Page 1169 and 1170:
19.7.2 1899 Declaration on Asphyxia
Page 1171 and 1172:
The 1899 Hague II was followed by H
Page 1173 and 1174:
However, the language of the clause
Page 1175 and 1176:
The 1923 Hague Air Rules were not,
Page 1177 and 1178:
This treaty was followed by the Che
Page 1179 and 1180:
institutions and personnel receive
Page 1181 and 1182:
19.16.1.1 Common Terms in the 1949
Page 1183 and 1184:
19.16.3 GWS-Sea. The GWS-Sea is oft
Page 1185 and 1186:
The 1954 Hague Cultural Property Co
Page 1187 and 1188:
19.20 1977 ADDITIONAL PROTOCOLS TO
Page 1189 and 1190:
participation in hostilities,” th
Page 1191 and 1192:
19.20.2.2 AP II’s Requirements fo
Page 1193 and 1194:
The United States is a Party to the
Page 1195 and 1196:
The U.S. reservation to Article 7(4
Page 1197 and 1198:
19.21.5 CCW Protocol IV on Blinding
Page 1199 and 1200:
19.22 CHEMICAL WEAPONS CONVENTIONTh
Page 1201 and 1202:
In implementation of the Chemical W
Page 1203:
that it is not in a position to acc
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