12.07.2015 Views

law_war_manual15

law_war_manual15

law_war_manual15

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.

1.2.4 Use of Signals in This Manual. This manual uses signals to introduce the sourcesand cross-references in the footnotes. The table below identifies the signals used in this manual,describes their function, and provides examples of their use.Signal[nosignal]Function and Examples of UseDirectly states the propositionIf a person joins a levée en masse, he or she may be held as a POW even if he or sheactually took no part in fighting. 11 1958 UK MANUAL 100 (“If it is shown that they joined the levée en masse, but tookno part in the defence, they may be held as prisoners of <strong>war</strong>.”).Identifies the source of a quotationAs the Supreme Court has explained: “Lawful combatants are subject to capture anddetention as prisoners of <strong>war</strong> by opposing military forces.” 22 Ex parte Quirin, 317 U.S. 1, 31 (1942).Identifies an authority referred to in the textThere are additional provisions of the CCW Amended Mines Protocol addressinginternational exchanges of information and cooperation in this respect. 33 CCW AMENDED MINES PROTOCOL art. 11.SeeClearly supports the proposition but does not directly state itIn addition, observers on military reconnaissance aircraft have not been regarded asacting clandestinely or under false pretenses. 4See also4 See HAGUE IV REG. art. 29 (“Persons sent in balloons for the purpose of carryingdespatches and, generally, of maintaining communications between the different parts ofan army or a territory” are not considered spies.).Elaborates on the propositionThis means that a combatant’s “killing, wounding, or other <strong>war</strong>like acts are notindividual crimes or offenses.” 55 LIEBER CODE art. 57. See also WINTHROP, MILITARY LAW & PRECEDENTS 778 (“TheState is represented in active <strong>war</strong> by its contending army, and the <strong>law</strong>s of <strong>war</strong> justify thekilling or disabling of members of the one army by those of the other in battle or hostileoperations.”).5

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

Saved successfully!

Ooh no, something went wrong!