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DEPARTMENTOFDEFENSE LAW OFWARMANUAL JUNE2015
Law-of-War-Manual-June-2015
Law-of-War-Manual-June-2015
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Abbreviation<br />
Von Glahn, The Occupation of<br />
Enemy Territory<br />
Whiteman’s Digest<br />
Winthrop, Military Law &<br />
Precedents<br />
Long Form<br />
Gerhard von Glahn, The Occupation of Enemy Territory<br />
(1957)<br />
Marjorie M. Whiteman, Assistant Legal Adviser,<br />
Department of State, Digest of International Law (15<br />
Volumes, 1963-1973)<br />
William Winthrop, Military Law and Precedents (2nd. ed.,<br />
1920)<br />
xxvi
Abbreviation Long Form Spaight, Air Power and War James Maloney Spaight, Air Power and War Rights (3rd Rights ed., 1947) Spaight, War Rights on Land James Maloney Spaight, War Rights on Land (1911) Stat. United States Statutes at Large Technical Annex to CCW Technical Annex to Protocol (II) on Prohibitions or Amended Mines Protocol Restrictions on the Use of Mines, Booby-Traps and Other Devices, as Amended on May 3, 1996, Annexed to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects, Technical Annex to CCW Protocol V On Explosive Remnants of War Trial of the Major War Criminals Before the IMT Trials of War Criminals Before the NMT May 3, 1996, 2048 UNTS 144 Technical Annex to Protocol (V) on Explosive Remnants of War, Annexed to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects, Nov. 28, 2003, 2399 UNTS 132 Trial of the Major War Criminals Before the International Military Tribunal (42 Volumes, 1947-1949) Trials of War Criminals Before the Nuernberg Military Tribunals Under Control Council Law No. 10 (15 Volumes, 1949-1953) Tucker, The Law of War and Robert W. Tucker, The Law of War and Neutrality at Sea Neutrality at Sea (U.S. Naval War College International Law Studies, Volume 50, 1955) U.N. Charter Charter of the United Nations, Jun. 26, 1945, 59 Stat. 1031 U.N. Law Reports U.S. Response to ICRC CIHL Study U.S.C. UNTS Vattel, The Law of Nations United Nations War Crimes Commission, Law Reports of the Trials of War Criminals (15 Volumes 1947-1949) John B. Bellinger, III, Legal Adviser, Department of State, & William J. Haynes II, General Counsel, Department of Defense, Letter to Dr. Jacob Kellenberger, President, International Committee of the Red Cross, Regarding Customary International Humanitarian Law Study, Nov. 3, 2006, reprinted in 46 International Legal Materials 514 (2007). United States Code (as of the date of publication of this manual) United Nations Treaty Series Emer de Vattel, The Law of Nations, or the Principles of the Law of Nature, Applied to the Conduct and Affairs of Nations and Sovereigns (translated by Charles Fenwick, 1916) VCLT Vienna Convention on the Law of Treaties, May 23, 1969, 1155 UNTS 331 xxv
Abbreviation Von Glahn, The Occupation of Enemy Territory Whiteman’s Digest Winthrop, Military Law & Precedents Long Form Gerhard von Glahn, The Occupation of Enemy Territory (1957) Marjorie M. Whiteman, Assistant Legal Adviser, Department of State, Digest of International Law (15 Volumes, 1963-1973) William Winthrop, Military Law and Precedents (2nd. ed., 1920) xxvi
- Page 1: DEPARTMENTOFDEFENSE LAW OFWARMANUAL
- Page 4 and 5: PREFACE This manual is a Department
- Page 6 and 7: manuals of Germany, Australia, and
- Page 8 and 9: TABLE OF CONTENTS Foreword ........
- Page 10 and 11: 5.15 Undefended Cities, Towns, and
- Page 12 and 13: 9.4 National-Level GPW Implementati
- Page 14 and 15: 11.9 Local Law and Legislation.....
- Page 16 and 17: 16.1 Introduction .................
- Page 18 and 19: LIST OF ABBREVIATIONS To make the m
- Page 20 and 21: Abbreviation Long Form AP III Proto
- Page 22 and 23: Abbreviation Grotius, Law of War &
- Page 24 and 25: Abbreviation Message from the Presi
- Page 28 and 29: I - General Background Chapter Cont
- Page 30 and 31: Citation to a particular source sho
- Page 32 and 33: 1.2.4 Use of Signals in This Manual
- Page 34 and 35: Signal e.g., Function and Examples
- Page 36 and 37: to armed conflict; and (4) law of w
- Page 38 and 39: fashion, for comparison, the GC del
- Page 40 and 41: As another example, to the extent t
- Page 42 and 43: occupation, the fact of occupation
- Page 44 and 45: element of war has been viewed as i
- Page 46 and 47: Traditionally, war has often been d
- Page 48 and 49: 1.6.2 Arms Control. Arms control is
- Page 50 and 51: For example, the right to challenge
- Page 52 and 53: ensure that a State Party’s oblig
- Page 54 and 55: actions that would be lawful under
- Page 56 and 57: interpretation when it constitutes
- Page 58 and 59: that underlying principle. 136 For
- Page 60 and 61: In addition, the persistent objecti
- Page 62 and 63: of that particular case. 153 The le
- Page 64 and 65: States may withdraw from a treaty.
- Page 66 and 67: 1.10.2.2 Force of Customary Interna
- Page 68 and 69: condemnation under international la
- Page 70 and 71: 1.11.2.1 U.N. Member State Obligati
- Page 72 and 73: The United States has expressed the
- Page 74 and 75: The Charter of the United Nations w
- Page 76 and 77:
the right of self-defense, actions
- Page 78 and 79:
2.1.2 Uses of Law of War Principles
- Page 80 and 81:
concepts that explain when persons
- Page 82 and 83:
The fact that law of war rules are
- Page 84 and 85:
efficiently as possible. 41 Thus, m
- Page 86 and 87:
justify actions not necessary to ac
- Page 88 and 89:
2.4.1 Proportionality as a Limit on
- Page 90 and 91:
purpose (e.g., not being made the o
- Page 92 and 93:
ecause civilians generally do not w
- Page 94 and 95:
This acceptance is a prerequisite f
- Page 96 and 97:
command and conduct its operations
- Page 98 and 99:
3.1.1 DoD Practice of Applying Law
- Page 100 and 101:
3.2 SITUATIONS TO WHICH THE LAW OF
- Page 102 and 103:
apply, while as between the States
- Page 104 and 105:
3.3.3.3 Recognition of Friendly Arm
- Page 106 and 107:
not determinative of whether the pe
- Page 108 and 109:
hostilities and that jus in bello r
- Page 110 and 111:
There are a variety of reasons why
- Page 112 and 113:
A helpful rule of thumb may be that
- Page 114 and 115:
3.5.2.2 Compliance With Jus ad Bell
- Page 116 and 117:
the law of war, including military
- Page 118 and 119:
Reciprocity is also reflected in th
- Page 120 and 121:
e appropriate to apply the GWS and
- Page 122 and 123:
3.8.1.1 Agreements to End Hostiliti
- Page 124 and 125:
that are at war. 152 152 Refer to
- Page 126 and 127:
This Chapter briefly addresses spec
- Page 128 and 129:
States have departed from ancient a
- Page 130 and 131:
4.3 LAWFUL COMBATANTS AND UNPRIVILE
- Page 132 and 133:
“privileged” and “unprivilege
- Page 134 and 135:
Combatants must only direct their a
- Page 136 and 137:
4.4.3.1 Combatants - Legal Immunity
- Page 138 and 139:
nationals whom it may capture among
- Page 140 and 141:
The U.S. armed forces may also incl
- Page 142 and 143:
interests of POWs dependent on the
- Page 144 and 145:
government-in-exile or for a govern
- Page 146 and 147:
(d) that of conducting their operat
- Page 148 and 149:
4.6.1.3 Application of GPW 4A(2) Co
- Page 150 and 151:
personnel responsible to higher aut
- Page 152 and 153:
4.6.5 Carrying Arms Openly. Members
- Page 154 and 155:
detained as a POW. 181 If a person
- Page 156 and 157:
Civilians who engage in hostilities
- Page 158 and 159:
individuals with a non-medical Mili
- Page 160 and 161:
However, these individuals may be t
- Page 162 and 163:
and religious personnel. 243 States
- Page 164 and 165:
4.13.1 Auxiliary Medical Personnel
- Page 166 and 167:
No special agreement may be conclud
- Page 168 and 169:
the Protecting Powers shall take no
- Page 170 and 171:
population because these persons ar
- Page 172 and 173:
attack; (2) must accept the risk of
- Page 174 and 175:
taking a direct part in hostilities
- Page 176 and 177:
forces. 322 Under certain circumsta
- Page 178 and 179:
material and who, by definition, wo
- Page 180 and 181:
However, a person who seeks to send
- Page 182 and 183:
Although spying and sabotage are no
- Page 184 and 185:
4.18 PRIVATE PERSONS WHO ENGAGE IN
- Page 186 and 187:
The denial of the privileges of com
- Page 188 and 189:
individuals may be regarded as cons
- Page 190 and 191:
4.19.1 Rules Applicable to the Trea
- Page 192 and 193:
4.19.4.1 Unprivileged Belligerency
- Page 194 and 195:
4.20.1.2 Identification for Childre
- Page 196 and 197:
made a statement of understanding r
- Page 198 and 199:
However, AP I defines “mercenary
- Page 200 and 201:
4.23.1 Police as Civilians. In gene
- Page 202 and 203:
incidental to an enemy attack or fr
- Page 204 and 205:
impartiality distinguishes these hu
- Page 206 and 207:
Protecting Power during armed confl
- Page 208 and 209:
“competent tribunal” generally
- Page 210 and 211:
V - The Conduct of Hostilities Chap
- Page 212 and 213:
casualties by taking additional pre
- Page 214 and 215:
• Civilians must not be made the
- Page 216 and 217:
feasible precautions must be taken
- Page 218 and 219:
For example, if a commander determi
- Page 220 and 221:
or executing military action must b
- Page 222 and 223:
objectives. 64 This manual generall
- Page 224 and 225:
5.5.3.2 AP I Presumptions in Favor
- Page 226 and 227:
Attacks on military objectives in t
- Page 228 and 229:
the enemy force may recover to coun
- Page 230 and 231:
as a surprise attack by enemy force
- Page 232 and 233:
o neutralized zones, and persons an
- Page 234 and 235:
This definition of military objecti
- Page 236 and 237:
5.7.6 By its nature, location, purp
- Page 238 and 239:
5.7.7.1 Capture or Neutralization.
- Page 240 and 241:
The military advantage expected to
- Page 242 and 243:
tank mines may be laid on such area
- Page 244 and 245:
standing in a mess line, engaging i
- Page 246 and 247:
• acting at the direction of the
- Page 248 and 249:
The onus is on the person having be
- Page 250 and 251:
of the 1949 Geneva Conventions, AP
- Page 252 and 253:
conduct or sustain combat operation
- Page 254 and 255:
o whether the act is traditionally
- Page 256 and 257:
• police services (e.g., police o
- Page 258 and 259:
has permanently ceased participatio
- Page 260 and 261:
Hors de combat is used in Common Ar
- Page 262 and 263:
5.10.4 Persons Rendered Unconscious
- Page 264 and 265:
Persons deploying into combat by pa
- Page 266 and 267:
5.11.1.2 That May Affect the Civili
- Page 268 and 269:
military importance are located and
- Page 270 and 271:
5.12.2.2 Harm Resulting From Enemy
- Page 272 and 273:
If the proportionality rule were in
- Page 274 and 275:
5.13 ATTACKS ON FACILITIES, WORKS,
- Page 276 and 277:
civilian population may be increase
- Page 278 and 279:
the personnel entrusted with the or
- Page 280 and 281:
5.15 UNDEFENDED CITIES, TOWNS, AND
- Page 282 and 283:
5.15.3 Declaration of a City as “
- Page 284 and 285:
civilian police forces for the purp
- Page 286 and 287:
shield military objectives from att
- Page 288 and 289:
lives are valued by the adversary i
- Page 290 and 291:
objective (that has been developed
- Page 292 and 293:
5.17.3 Enemy Movable Property on th
- Page 294 and 295:
• cultural property. 445 In certa
- Page 296 and 297:
5.17.5.1 Compensation for Property
- Page 298 and 299:
works of art or places of worship w
- Page 300 and 301:
and, in fact, contain, conserve, or
- Page 302 and 303:
5.18.3.1 Imperative Military Necess
- Page 304 and 305:
Similarly, if an opposing force use
- Page 306 and 307:
This rule makes no distinction betw
- Page 308 and 309:
5.18.7.4 Other Uses of the Distinct
- Page 310 and 311:
Immovable cultural property of very
- Page 312 and 313:
using any lawful and proportionate
- Page 314 and 315:
not already been made and refused.
- Page 316 and 317:
5.19.1.1 Belligerent Authority to E
- Page 318 and 319:
However, such actions would now be
- Page 320 and 321:
Power would have additional duties
- Page 322 and 323:
• fighting in the enemy’s unifo
- Page 324 and 325:
Sometimes, “perfidy” is used to
- Page 326 and 327:
uniforms to kill or wound treachero
- Page 328 and 329:
or (3) to impede enemy military ope
- Page 330 and 331:
• facilitating surprise attacks o
- Page 332 and 333:
• camouflage or deceptive lightin
- Page 334 and 335:
• feigning civilian status to fac
- Page 336 and 337:
Propaganda must not incite acts tha
- Page 338 and 339:
Additional restrictions are applica
- Page 340 and 341:
or customary international law has
- Page 342 and 343:
If the weapon is not prohibited, th
- Page 344 and 345:
In particular, weapons must not be
- Page 346 and 347:
necessarily a legally prohibited we
- Page 348 and 349:
6.5.3.2 Use of Tools to Stab or Cut
- Page 350 and 351:
On the other hand, an explosive bul
- Page 352 and 353:
comparable to, or more severe than,
- Page 354 and 355:
6.5.5 Blast Weapons. Blast weapons
- Page 356 and 357:
6.5.9 Autonomy in Weapon Systems. T
- Page 358 and 359:
system design, testing of hardware
- Page 360 and 361:
weapons and other specific rules, i
- Page 362 and 363:
This manual generally uses the form
- Page 364 and 365:
• the destruction or neutralizati
- Page 366 and 367:
Like other determinations of custom
- Page 368 and 369:
Few weapons have been understood to
- Page 370 and 371:
use is required against a target of
- Page 372 and 373:
een understood not to prohibit the
- Page 374 and 375:
egardless of whether they are produ
- Page 376 and 377:
for safety and security considerati
- Page 378 and 379:
6.9.1.1 Toxin Weapons. The term tox
- Page 380 and 381:
(a) “widespread”: encompassing
- Page 382 and 383:
prohibited only if their use is cle
- Page 384 and 385:
The term “mine” does not includ
- Page 386 and 387:
Mines Protocol does not include non
- Page 388 and 389:
6.12.3 Definition of “Other Devic
- Page 390 and 391:
presence of commonly available mine
- Page 392 and 393:
6.12.4.7 Mines Produced After Decem
- Page 394 and 395:
• kitchen utensils or appliances,
- Page 396 and 397:
cannot be directed at a specific mi
- Page 398 and 399:
laying, antihandling devices (if an
- Page 400 and 401:
• the area is monitored by milita
- Page 402 and 403:
effects of minefields, mined areas,
- Page 404 and 405:
areas, mines, booby-traps, and othe
- Page 406 and 407:
The United States has announced pol
- Page 408 and 409:
(UXO) across the range of intended
- Page 410 and 411:
include: 359 6.14.1.2 Examples of I
- Page 412 and 413:
object of attack by incendiary weap
- Page 414 and 415:
6.15 LASER WEAPONS In general, lase
- Page 416 and 417:
example, it would not be prohibited
- Page 418 and 419:
advice and consent to ratification
- Page 420 and 421:
6.17.4 Authority Under Domestic Law
- Page 422 and 423:
is not a Party to AP I, the United
- Page 424 and 425:
• the approximate number, type, a
- Page 426 and 427:
• Explosive ordnance should be tr
- Page 428 and 429:
6.20.2 Scope of the Obligations Cre
- Page 430 and 431:
possible. Warnings and risk educati
- Page 432 and 433:
In addition, peace treaties or simi
- Page 434 and 435:
• the method of identifying the e
- Page 436 and 437:
explosive ordnance that has become
- Page 438 and 439:
for the protection of medical perso
- Page 440 and 441:
No special agreement shall adversel
- Page 442 and 443:
This rule does not prohibit States
- Page 444 and 445:
7.3.2 Persons Entitled to Protectio
- Page 446 and 447:
to proximity to military operations
- Page 448 and 449:
wounded, sick, and shipwrecked, fro
- Page 450 and 451:
ehind enemy lines or a submarine ma
- Page 452 and 453:
For example, the prohibition on sub
- Page 454 and 455:
7.5.2.5 Medical Attention Free of C
- Page 456 and 457:
In order to implement these obligat
- Page 458 and 459:
cannibalism of dead bodies is prohi
- Page 460 and 461:
7.7.4 Handling of Enemy Battlefield
- Page 462 and 463:
the exact location and markings of
- Page 464 and 465:
For example, weapons may not be use
- Page 466 and 467:
Such individuals may be held tempor
- Page 468 and 469:
In no circumstances may retained pe
- Page 470 and 471:
7.9.5.3 Visits of POWs Outside the
- Page 472 and 473:
espected and protected by the parti
- Page 474 and 475:
establishments and mobile medical u
- Page 476 and 477:
armed such that they would appear t
- Page 478 and 479:
7.10.5.1 Disposition of Buildings,
- Page 480 and 481:
7.12 HOSPITAL SHIPS, SICK-BAYS IN W
- Page 482 and 483:
equirements permit. 291 The same sh
- Page 484 and 485:
inadvertent actions might also put
- Page 486 and 487:
encryption more common. 315 Substan
- Page 488 and 489:
Hospital ships that, in accordance
- Page 490 and 491:
7.12.4.4 Stay in Neutral Ports. Ves
- Page 492 and 493:
hospital ship. 347 For example, hos
- Page 494 and 495:
means of control (such as directing
- Page 496 and 497:
pursuant to an agreement, however,
- Page 498 and 499:
7.15.1 The Distinctive Emblems: Red
- Page 500 and 501:
may, without prejudice to their cur
- Page 502 and 503:
7.15.3.2 Distinctive Emblem Does No
- Page 504 and 505:
7.15.4.2 Use by International Red C
- Page 506 and 507:
members of the armed forces are nur
- Page 508 and 509:
wear on the left arm while carrying
- Page 510 and 511:
7.19.2 Marking of Civilian Medical
- Page 512 and 513:
deceased and of personal effects to
- Page 514 and 515:
personnel and fill an important rol
- Page 516 and 517:
operations, and provision for trans
- Page 518 and 519:
In addition, as a general matter, a
- Page 520 and 521:
8.2.2 Protection Against Humiliatin
- Page 522 and 523:
Special consideration for more vuln
- Page 524 and 525:
8.4.2 Additional U.S. Law and Polic
- Page 526 and 527:
8.8 MEDICAL ATTENTION Wounded and s
- Page 528 and 529:
8.10.3 Communication With Family. D
- Page 530 and 531:
8.13 ADEQUATE WORKING CONDITIONS If
- Page 532 and 533:
8.14.3 Release When the Circumstanc
- Page 534 and 535:
8.15.1 Registration of Detainees. T
- Page 536 and 537:
conspiracy, joint criminal enterpri
- Page 538 and 539:
IX - Prisoners of War (POWs) Chapte
- Page 540 and 541:
The subsequent practice of States i
- Page 542 and 543:
In addition to the agreements expre
- Page 544 and 545:
favorable treatment of POWs held by
- Page 546 and 547:
• persons who are nationals of th
- Page 548 and 549:
shall enjoy the protection of the G
- Page 550 and 551:
9.4.2.2 Notification of Offenses Pu
- Page 552 and 553:
9.5.2.1 Prohibition on Killing of P
- Page 554 and 555:
POWs may voluntarily consent to giv
- Page 556 and 557:
provides for women POWs undergoing
- Page 558 and 559:
9.7.2 Identity Documents. At no tim
- Page 560 and 561:
9.8.1 Humane Treatment During Inter
- Page 562 and 563:
Detaining Power shall take all suit
- Page 564 and 565:
all the requirements of the GPW. 18
- Page 566 and 567:
9.11.3 Location of POW Camps. 9.11.
- Page 568 and 569:
The caveat that POW camps need to b
- Page 570 and 571:
example, the POW camp may have camp
- Page 572 and 573:
whether they are connected with pot
- Page 574 and 575:
9.13.4 Clothing for POWs. Clothing,
- Page 576 and 577:
malaria, and venereal disease. 274
- Page 578 and 579:
exercise freely their ministry amon
- Page 580 and 581:
To advance educational opportunitie
- Page 582 and 583:
9.17.3.1 Use of Canteen Profits for
- Page 584 and 585:
“POWs of equivalent rank” refer
- Page 586 and 587:
POWs, the beneficiaries of the paym
- Page 588 and 589:
9.18.6.3 Periodic Notification of t
- Page 590 and 591:
9.19.1.2 Labor Assignment - Officer
- Page 592 and 593:
9.19.3.1 Application of National Le
- Page 594 and 595:
Power on which they depend, through
- Page 596 and 597:
inferior to that which is provided
- Page 598 and 599:
the POWs’ accounts with the Detai
- Page 600 and 601:
The special agreements referred to
- Page 602 and 603:
territories under its control. 466
- Page 604 and 605:
in them to deterioration; except in
- Page 606 and 607:
9.22.2 POWs’ Status With Respect
- Page 608 and 609:
equivalent rank. 509 Titles and ran
- Page 610 and 611:
9.23.1.1 Making Requests and Compla
- Page 612 and 613:
she represents. 539 Thus, POWs dist
- Page 614 and 615:
has the right to commence his or he
- Page 616 and 617:
• proposing repatriation for cert
- Page 618 and 619:
any offenses committed by POWs. 589
- Page 620 and 621:
9.25.2 Unsuccessful Escapes. POWs w
- Page 622 and 623:
9.25.4 Special Surveillance of POWs
- Page 624 and 625:
9.26.4 Retention of Benefits of the
- Page 626 and 627:
9.27.1 POW Camp Authorities Who May
- Page 628 and 629:
The duration of any single punishme
- Page 630 and 631:
entrusted to the POW Representative
- Page 632 and 633:
Any period spent by a POW in confin
- Page 634 and 635:
held in camera in the interest of S
- Page 636 and 637:
9.28.7 Conditions for POWs Serving
- Page 638 and 639:
9.29.3 Procedures for Transfer of P
- Page 640 and 641:
9.31 NATIONAL ACCOUNTING OF THE DET
- Page 642 and 643:
Within the shortest possible period
- Page 644 and 645:
States whose nationals benefit from
- Page 646 and 647:
• death certificates of POWs; 782
- Page 648 and 649:
9.33 ACCESS TO POWS BY THE PROTECTI
- Page 650 and 651:
9.34.1 Transmittal of Wills. The De
- Page 652 and 653:
Registration Service established by
- Page 654 and 655:
9.35.2 Release and Repatriation of
- Page 656 and 657:
9.36.2.1 Categories of Wounded, Inj
- Page 658 and 659:
present themselves for examination
- Page 660 and 661:
9.37.1 Agreements on POW Release an
- Page 662 and 663:
For example, the availability of ma
- Page 664 and 665:
POWs against whom criminal proceedi
- Page 666 and 667:
POWs who are to be moved must be id
- Page 668 and 669:
punishment. 928 In addition, any pe
- Page 670 and 671:
9.39.2 Background on the U.S. Code
- Page 672 and 673:
10.1 INTRODUCTION This Chapter addr
- Page 674 and 675:
agreements or in subsequent agreeme
- Page 676 and 677:
Although the GC addresses the prote
- Page 678 and 679:
10.3.3 Categories of Nationals Spec
- Page 680 and 681:
In the case of occupied territory,
- Page 682 and 683:
10.4.4 Limits on Derogation. In eac
- Page 684 and 685:
The GC’s prohibition against the
- Page 686 and 687:
10.6 MEASURES OF CONTROL AND SECURI
- Page 688 and 689:
Similarly, if the Occupying Power c
- Page 690 and 691:
provisions of Article 40, be equal
- Page 692 and 693:
10.8.2 Departures of Protected Pers
- Page 694 and 695:
10.8.3.2 Responsibility Upon Transf
- Page 696 and 697:
or who have been released from inte
- Page 698 and 699:
hostilities to conclude agreements
- Page 700 and 701:
in the daytime from the air. 182 Th
- Page 702 and 703:
egard to hygiene and health, and pr
- Page 704 and 705:
10.13 FOOD, WATER, TOBACCO, AND CLO
- Page 706 and 707:
10.14.1.2 Right of Internees to Pre
- Page 708 and 709:
10.15.1 Premises for Religious Serv
- Page 710 and 711:
To advance educational opportunitie
- Page 712 and 713:
10.17.3 Working Conditions. The Det
- Page 714 and 715:
The amounts shall be paid into the
- Page 716 and 717:
10.20 ADMINISTRATION OF PLACES OF I
- Page 718 and 719:
Internees shall also have the right
- Page 720 and 721:
10.22.2 Duties of Internee Committe
- Page 722 and 723:
10.22.3.2 Assistants for the Member
- Page 724 and 725:
10.23.2.2 No Delay in Correspondenc
- Page 726 and 727:
The special agreements provided for
- Page 728 and 729:
10.23.4.4 Costs of Transporting Rel
- Page 730 and 731:
complaints, petitions, and reports
- Page 732 and 733:
For the purpose of enabling interne
- Page 734 and 735:
This requirement does not compel th
- Page 736 and 737:
does not absolve the commandant of
- Page 738 and 739:
• confinement. 471 The duration o
- Page 740 and 741:
epresentatives of the Protecting Po
- Page 742 and 743:
provide an advocate or counsel. 499
- Page 744 and 745:
territory, or the possibility of pr
- Page 746 and 747:
movement by foot, the Detaining Pow
- Page 748 and 749:
• the name and address of the per
- Page 750 and 751:
from the Central Information Agency
- Page 752 and 753:
ole of the Central Information Agen
- Page 754 and 755:
• receiving up-to-date lists of l
- Page 756 and 757:
constituted in occupied territory,
- Page 758 and 759:
internees depended, through the Nat
- Page 760 and 761:
no person shall be transferred to a
- Page 762 and 763:
XI - Military Occupation Chapter Co
- Page 764 and 765:
This manual uses the terms “milit
- Page 766 and 767:
The 1954 Hague Cultural Property Co
- Page 768 and 769:
post-war situations (except for cer
- Page 770 and 771:
the occupied territory. 40 For exam
- Page 772 and 773:
The fact of occupation also imposes
- Page 774 and 775:
11.2.2.2 “Under the Authority”
- Page 776 and 777:
However, there is no specific legal
- Page 778 and 779:
prevent the Occupying Power from ac
- Page 780 and 781:
inhabitants of occupied territory.
- Page 782 and 783:
as possible, public order and safet
- Page 784 and 785:
occupied territory. 112 Specific co
- Page 786 and 787:
no part whatever in the hostilities
- Page 788 and 789:
11.8 ADMINISTRATION OF OCCUPIED TER
- Page 790 and 791:
11.8.6 Civilian or Military Nature
- Page 792 and 793:
inconsistent with the earlier law.
- Page 794 and 795:
or repeal of existing laws, and of
- Page 796 and 797:
11.11 CRIMINAL LAW IN OCCUPIED TERR
- Page 798 and 799:
The Occupying Power may reform or e
- Page 800 and 801:
punishable under the law in force a
- Page 802 and 803:
occupied might repeal the death pen
- Page 804 and 805:
The practical arrangements for the
- Page 806 and 807:
persons; (2) that evacuations or tr
- Page 808 and 809:
nationality, language, and religion
- Page 810 and 811:
spread of contagious diseases and e
- Page 812 and 813:
Religious assistance addressed by t
- Page 814 and 815:
The occupation authorities may limi
- Page 816 and 817:
However, such assessment must be ma
- Page 818 and 819:
For example, private property may n
- Page 820 and 821:
The term usufruct means literally
- Page 822 and 823:
11.18.6.2 Seizure of Private Proper
- Page 824 and 825:
of wounded personnel awaiting evacu
- Page 826 and 827:
Should it prove necessary to take m
- Page 828 and 829:
11.20.1.3 Prohibition Against Requi
- Page 830 and 831:
• sanitary authorities; whether e
- Page 832 and 833:
11.20.4 Voluntary Work Not Prohibit
- Page 834 and 835:
duties conscientiously and not to a
- Page 836 and 837:
If, due to the flight or unwillingn
- Page 838 and 839:
not be taxed, 431 but the property
- Page 840 and 841:
permissible. 444 Additionally, if t
- Page 842 and 843:
11.22.4.2 Existing Debts Owed by th
- Page 844 and 845:
The Occupying Power may also set ex
- Page 846 and 847:
11.23.3 Control of Business in Occu
- Page 848 and 849:
otherwise circumvent the restrictio
- Page 850 and 851:
States may authorize their military
- Page 852 and 853:
• to establish safe-conduct prote
- Page 854 and 855:
• through the traditional mechani
- Page 856 and 857:
information, or with the purpose of
- Page 858 and 859:
include, for example, a driver and
- Page 860 and 861:
Such acts of treachery include sabo
- Page 862 and 863:
The terms military passport and saf
- Page 864 and 865:
12.6.3.3 Safe-Conducts Contemplated
- Page 866 and 867:
12.6.5 Revocation of Passports, Saf
- Page 868 and 869:
communicate with his or her superio
- Page 870 and 871:
12.8.5 General Effect of Capitulati
- Page 872 and 873:
that has surrendered. Officers have
- Page 874 and 875:
12.11 ARMISTICES AND OTHER CEASE-FI
- Page 876 and 877:
General armistices are usually of a
- Page 878 and 879:
provided always that the enemy is w
- Page 880 and 881:
armistice; (3) the relations betwee
- Page 882 and 883:
eleased or exchanged, specific prov
- Page 884 and 885:
• the utilization of the occasion
- Page 886 and 887:
Nations conclude cease-fire or armi
- Page 888 and 889:
For example, the law of the sea pro
- Page 890 and 891:
• determining the legal boundarie
- Page 892 and 893:
United States claimed a three-nauti
- Page 894 and 895:
13.2.3.1 High Seas Freedoms. States
- Page 896 and 897:
of an archipelagic State. 51 No Sta
- Page 898 and 899:
13.3.3.1 Entitlement of Vessels to
- Page 900 and 901:
• taking to lifeboats. 13.4 ENEMY
- Page 902 and 903:
practicable, the personal effects o
- Page 904 and 905:
Other civilian enemy nationals on b
- Page 906 and 907:
navigational technology (e.g., glob
- Page 908 and 909:
The immediate area or vicinity of n
- Page 910 and 911:
over that airspace. 130 The right o
- Page 912 and 913:
Zones may not be employed for the p
- Page 914 and 915:
y a declaration of the belligerent
- Page 916 and 917:
equirement of effectiveness does no
- Page 918 and 919:
Attempted breach of a blockade occu
- Page 920 and 921:
13.11.2 Peacetime Mining. Naval min
- Page 922 and 923:
mines have been laid. This notice m
- Page 924 and 925:
13.11.3.7 Neutralization of Naval M
- Page 926 and 927:
The rules concerning deception by b
- Page 928 and 929:
States affected, whether as bellige
- Page 930 and 931:
civil aircraft.” 18 Assuming that
- Page 932 and 933:
• airspace over that State’s la
- Page 934 and 935:
Under Article 3 of the 1944 Chicago
- Page 936 and 937:
14.3 AIRCRAFT STATUS 14.3.1 State V
- Page 938 and 939:
Belligerent military aircraft gener
- Page 940 and 941:
14.4.3 aircrew. Downed Aircrew. The
- Page 942 and 943:
In addition, interception may not b
- Page 944 and 945:
international airspace. Such zones
- Page 946 and 947:
the rights and obligations of State
- Page 948 and 949:
equirement to use precision-guided
- Page 950 and 951:
Outer space may be viewed as analog
- Page 952 and 953:
space is the same as its applicatio
- Page 954 and 955:
other international law. 166 This i
- Page 956 and 957:
XV - The Law of Neutrality Chapter
- Page 958 and 959:
impartiality to which neutrals have
- Page 960 and 961:
addition, a State may have an oblig
- Page 962 and 963:
State to observe the duties of neut
- Page 964 and 965:
15.2.3.1 Consistency Between the Ru
- Page 966 and 967:
15.2.4 Neutrality Under Regional an
- Page 968 and 969:
15.3.2.1 Duty to Refrain From Provi
- Page 970 and 971:
15.3.3 Correlative or Reciprocal Na
- Page 972 and 973:
for self-defense, belligerent force
- Page 974 and 975:
neutral State’s ports and waters
- Page 976 and 977:
Neutral States shall not oppose the
- Page 978 and 979:
For example, neutral persons who ma
- Page 980 and 981:
In the event that such a person is
- Page 982 and 983:
• a neutral State’s exclusive e
- Page 984 and 985:
15.7.4.1 Right of Entry in Distress
- Page 986 and 987:
Belligerent State forces exercising
- Page 988 and 989:
A belligerent warship may not leave
- Page 990 and 991:
If the prize does not leave as soon
- Page 992 and 993:
situation would fall under the gene
- Page 994 and 995:
This rule on railway material has s
- Page 996 and 997:
Whether it is possible to distingui
- Page 998 and 999:
and contraband goods may be capture
- Page 1000 and 1001:
A similar procedure was used during
- Page 1002 and 1003:
nationality are exempt from visit a
- Page 1004 and 1005:
vessels or aircraft also may be dee
- Page 1006 and 1007:
y a belligerent as enemy merchant v
- Page 1008 and 1009:
capture of neutral-flagged vessels
- Page 1010 and 1011:
15.15.4.2 Enemy Nationals Found Onb
- Page 1012 and 1013:
If such measures were not taken, th
- Page 1014 and 1015:
Provisions of the GWS and GWS-Sea a
- Page 1016 and 1017:
elong. Similarly, captured war mate
- Page 1018 and 1019:
Such special agreements must not ad
- Page 1020 and 1021:
care of the neutral State, must be
- Page 1022 and 1023:
16.1.1 Cyberspace as a Domain. As a
- Page 1024 and 1025:
The law of war affirmatively antici
- Page 1026 and 1027:
that cripple a military’s logisti
- Page 1028 and 1029:
16.3.3.3 Responses to Hostile or Ma
- Page 1030 and 1031:
and that a neutral State would have
- Page 1032 and 1033:
addition, the economic harms in the
- Page 1034 and 1035:
the potential to produce less incid
- Page 1036 and 1037:
indiscriminate weapon. 78 78 United
- Page 1038 and 1039:
etween non-international armed conf
- Page 1040 and 1041:
“small wars” has also been used
- Page 1042 and 1043:
international armed conflict. Certa
- Page 1044 and 1045:
• the Amended CCW, including Prot
- Page 1046 and 1047:
following guidelines may be helpful
- Page 1048 and 1049:
internees under the GPW and GC, res
- Page 1050 and 1051:
As a practical matter, non-State ar
- Page 1052 and 1053:
17.4 A STATE’S USE OF ITS DOMESTI
- Page 1054 and 1055:
17.4.2 Emergency Laws and Regulatio
- Page 1056 and 1057:
17.5 PRINCIPLE OF DISTINCTION IN NI
- Page 1058 and 1059:
17.5.2 Distinguishing State Forces
- Page 1060 and 1061:
17.6.6 Prohibition on Offering of R
- Page 1062 and 1063:
17.8 IMPARTIAL HUMANITARIAN ORGANIZ
- Page 1064 and 1065:
population, such as foodstuffs, agr
- Page 1066 and 1067:
17.11.2 Obligations to Respect Cult
- Page 1068 and 1069:
17.13 WEAPONS IN NIAC 17.13.1 Prohi
- Page 1070 and 1071:
The respect and protection afforded
- Page 1072 and 1073:
hostile acts, outside their humanit
- Page 1074 and 1075:
detention of protected persons in i
- Page 1076 and 1077:
The consent of the territorial Stat
- Page 1078 and 1079:
17.18.3 States’ Support to Other
- Page 1080 and 1081:
18.1.1 DoD Policy on Implementing a
- Page 1082 and 1083:
18.1.3 International or Multi-Natio
- Page 1084 and 1085:
18.2.3 Maintaining Public Support a
- Page 1086 and 1087:
18.3.2.2 Commands and Orders Should
- Page 1088 and 1089:
there is no absolute or automatic r
- Page 1090 and 1091:
Working Group develops and coordina
- Page 1092 and 1093:
policy has required, as a general m
- Page 1094 and 1095:
18.7.1 Treaty Provisions Specifical
- Page 1096 and 1097:
their interpretation of the obligat
- Page 1098 and 1099:
crimes committed by all persons, in
- Page 1100 and 1101:
• torture or inhuman treatment, i
- Page 1102 and 1103:
Such measures may also be understoo
- Page 1104 and 1105:
18.9.5.3 War Crimes - Serious Viola
- Page 1106 and 1107:
18.12.1 Investigation by the U.N. S
- Page 1108 and 1109:
aspects of the jurisdiction of the
- Page 1110 and 1111:
policy has been in addition to othe
- Page 1112 and 1113:
een established, the parties to the
- Page 1114 and 1115:
The State appointed to be a Protect
- Page 1116 and 1117:
18.15.4 Lending of Good Offices to
- Page 1118 and 1119:
18.16.3 Payment or Other Compensati
- Page 1120 and 1121:
Because retorsion, by definition, d
- Page 1122 and 1123:
18.18.2.2 Exhaustion of Other Means
- Page 1124 and 1125:
• hospital ships. 211 Measures of
- Page 1126 and 1127:
insofar as their interpretation doe
- Page 1128 and 1129:
members of a State’s armed forces
- Page 1130 and 1131:
This provision may also be used to
- Page 1132 and 1133:
abroad, even though Uniform Code of
- Page 1134 and 1135:
member of the U.S. Armed Forces, wh
- Page 1136 and 1137:
18.20.2 International Criminal Trib
- Page 1138 and 1139:
provides that the ICC may not proce
- Page 1140 and 1141:
More recently, hybrid tribunals hav
- Page 1142 and 1143:
In the past, neutral States general
- Page 1144 and 1145:
perform. 302 On the other hand, as
- Page 1146 and 1147:
law is responsible therefor and lia
- Page 1148 and 1149:
In cases in which the illegality of
- Page 1150 and 1151:
18.23.3 Command Responsibility. Com
- Page 1152 and 1153:
commission. 344 This theory of liab
- Page 1154 and 1155:
offense under the Military Commissi
- Page 1156 and 1157:
• cases of co-perpetration where
- Page 1158 and 1159:
XIX Documentary Appendix - Notes on
- Page 1160 and 1161:
• Hague Convention IX of October
- Page 1162 and 1163:
19.2.2 Arms Control Agreements to W
- Page 1164 and 1165:
• Second Protocol to the Hague Co
- Page 1166 and 1167:
the Lieber Code reflect 19th centur
- Page 1168 and 1169:
calculated to cause unnecessary suf
- Page 1170 and 1171:
November 27, 1909. 88 This treaty w
- Page 1172 and 1173:
19.8.2.2 Relationship Between the 1
- Page 1174 and 1175:
take effect on the deposit of all t
- Page 1176 and 1177:
This treaty followed the 1899 Decla
- Page 1178 and 1179:
19.14 1930 LONDON TREATY FOR THE LI
- Page 1180 and 1181:
The 1949 Geneva Conventions followe
- Page 1182 and 1183:
addresses non-international armed c
- Page 1184 and 1185:
In general, the GC uses the concept
- Page 1186 and 1187:
19.18 VIENNA CONVENTION ON THE LAW
- Page 1188 and 1189:
This manual references AP I provisi
- Page 1190 and 1191:
• reprisals. 221 19.20.2 AP II. P
- Page 1192 and 1193:
an amended Protocol II; (2) Protoco
- Page 1194 and 1195:
Similarly, before the United States
- Page 1196 and 1197:
Protocol includes more detailed res
- Page 1198 and 1199:
is prohibited by the rule against w
- Page 1200 and 1201:
advice and consent to ratification,
- Page 1202 and 1203:
supported ICC efforts in certain ca
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