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DEPARTMENTOFDEFENSELAW OFWARMANUALJ
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manuals of Germany, Australia, and
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TABLE OF CONTENTSForeword .........
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5.15 Undefended Cities, Towns, and
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9.4 National-Level GPW Implementati
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11.9 Local Law and Legislation.....
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16.1 Introduction .................
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LIST OF ABBREVIATIONSTo make the ma
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AbbreviationLong FormAP III Protoco
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AbbreviationGrotius, Law of War & P
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AbbreviationMessage from the Presid
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AbbreviationLong FormSpaight, Air P
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I - General BackgroundChapter Conte
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Citation to a particular source sho
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1.2.4 Use of Signals in This Manual
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Signale.g.,Function and Examples of
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to armed conflict; and (4) law of w
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fashion, for comparison, the GC del
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As another example, to the extent t
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occupation, the fact of occupation
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element of war has been viewed as i
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Traditionally, war has often been d
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1.6.2 Arms Control. Arms control is
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For example, the right to challenge
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ensure that a State Party’s oblig
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actions that would be lawful under
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interpretation when it constitutes
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that underlying principle. 136 For
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In addition, the persistent objecti
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of that particular case. 153 The le
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States may withdraw from a treaty.
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1.10.2.2 Force of Customary Interna
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condemnation under international la
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1.11.2.1 U.N. Member State Obligati
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The United States has expressed the
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The Charter of the United Nations w
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the right of self-defense, actions
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2.1.2 Uses of Law of War Principles
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concepts that explain when persons
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The fact that law of war rules are
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efficiently as possible. 41 Thus, m
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justify actions not necessary to ac
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2.4.1 Proportionality as a Limit on
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purpose (e.g., not being made the o
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ecause civilians generally do not w
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This acceptance is a prerequisite f
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command and conduct its operations
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3.1.1 DoD Practice of Applying Law
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3.2 SITUATIONS TO WHICH THE LAW OF
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apply, while as between the States
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3.3.3.3 Recognition of Friendly Arm
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not determinative of whether the pe
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hostilities and that jus in bello r
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There are a variety of reasons why
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A helpful rule of thumb may be that
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3.5.2.2 Compliance With Jus ad Bell
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the law of war, including military
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Reciprocity is also reflected in th
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e appropriate to apply the GWS and
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3.8.1.1 Agreements to End Hostiliti
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that are at war. 152152 Refer to §
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This Chapter briefly addresses spec
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States have departed from ancient a
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4.3 LAWFUL COMBATANTS AND UNPRIVILE
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“privileged” and “unprivilege
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Combatants must only direct their a
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4.4.3.1 Combatants - Legal Immunity
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nationals whom it may capture among
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The U.S. armed forces may also incl
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interests of POWs dependent on the
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government-in-exile or for a govern
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(d) that of conducting their operat
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4.6.1.3 Application of GPW 4A(2) Co
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personnel responsible to higher aut
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4.6.5 Carrying Arms Openly. Members
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detained as a POW. 181 If a person
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Civilians who engage in hostilities
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individuals with a non-medical Mili
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However, these individuals may be t
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and religious personnel. 243 States
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4.13.1 Auxiliary Medical Personnel
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No special agreement may be conclud
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the Protecting Powers shall take no
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population because these persons ar
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attack; (2) must accept the risk of
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taking a direct part in hostilities
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forces. 322 Under certain circumsta
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material and who, by definition, wo
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However, a person who seeks to send
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Although spying and sabotage are no
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4.18 PRIVATE PERSONS WHO ENGAGE IN
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The denial of the privileges of com
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individuals may be regarded as cons
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4.19.1 Rules Applicable to the Trea
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4.19.4.1 Unprivileged Belligerency
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4.20.1.2 Identification for Childre
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made a statement of understanding r
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However, AP I defines “mercenary
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4.23.1 Police as Civilians. In gene
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incidental to an enemy attack or fr
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impartiality distinguishes these hu
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Protecting Power during armed confl
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“competent tribunal” generally
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V - The Conduct of HostilitiesChapt
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casualties by taking additional pre
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• Civilians must not be made the
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feasible precautions must be taken
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For example, if a commander determi
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or executing military action must b
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objectives. 64This manual generally
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5.5.3.2 AP I Presumptions in Favor
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Attacks on military objectives in t
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the enemy force may recover to coun
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as a surprise attack by enemy force
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o neutralized zones, and persons an
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This definition of military objecti
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5.7.6 By its nature, location, purp
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5.7.7.1 Capture or Neutralization.
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The military advantage expected to
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tank mines may be laid on such area
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standing in a mess line, engaging i
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• acting at the direction of the
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The onus is on the person having be
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of the 1949 Geneva Conventions, AP
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conduct or sustain combat operation
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o whether the act is traditionally
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• police services (e.g., police o
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has permanently ceased participatio
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Hors de combat is used in Common Ar
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5.10.4 Persons Rendered Unconscious
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Persons deploying into combat by pa
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5.11.1.2 That May Affect the Civili
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military importance are located and
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5.12.2.2 Harm Resulting From Enemy
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If the proportionality rule were in
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5.13 ATTACKS ON FACILITIES, WORKS,
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civilian population may be increase
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the personnel entrusted with the or
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5.15 UNDEFENDED CITIES, TOWNS, AND
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5.15.3 Declaration of a City as “
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civilian police forces for the purp
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shield military objectives from att
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lives are valued by the adversary i
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objective (that has been developed
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5.17.3 Enemy Movable Property on th
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• cultural property. 445In certai
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5.17.5.1 Compensation for Property
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works of art or places of worship w
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and, in fact, contain, conserve, or
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5.18.3.1 Imperative Military Necess
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Similarly, if an opposing force use
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This rule makes no distinction betw
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5.18.7.4 Other Uses of the Distinct
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Immovable cultural property of very
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using any lawful and proportionate
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not already been made and refused.
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5.19.1.1 Belligerent Authority to E
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However, such actions would now be
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Power would have additional duties
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• fighting in the enemy’s unifo
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Sometimes, “perfidy” is used to
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uniforms to kill or wound treachero
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or (3) to impede enemy military ope
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• facilitating surprise attacks o
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• camouflage or deceptive lightin
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• feigning civilian status to fac
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Propaganda must not incite acts tha
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Additional restrictions are applica
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or customary international law has
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If the weapon is not prohibited, th
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In particular, weapons must not be
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necessarily a legally prohibited we
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6.5.3.2 Use of Tools to Stab or Cut
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On the other hand, an explosive bul
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comparable to, or more severe than,
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6.5.5 Blast Weapons. Blast weapons
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6.5.9 Autonomy in Weapon Systems. T
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system design, testing of hardware
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weapons and other specific rules, i
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This manual generally uses the form
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For example, weapons may not be use
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Such individuals may be held tempor
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In no circumstances may retained pe
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7.9.5.3 Visits of POWs Outside the
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espected and protected by the parti
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establishments and mobile medical u
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armed such that they would appear t
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7.10.5.1 Disposition of Buildings,
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7.12 HOSPITAL SHIPS, SICK-BAYS IN W
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equirements permit. 291 The same sh
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inadvertent actions might also put
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encryption more common. 315 Substan
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Hospital ships that, in accordance
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7.12.4.4 Stay in Neutral Ports. Ves
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hospital ship. 347 For example, hos
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means of control (such as directing
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pursuant to an agreement, however,
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7.15.1 The Distinctive Emblems: Red
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may, without prejudice to their cur
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7.15.3.2 Distinctive Emblem Does No
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7.15.4.2 Use by International Red C
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members of the armed forces are nur
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wear on the left arm while carrying
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7.19.2 Marking of Civilian Medical
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deceased and of personal effects to
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personnel and fill an important rol
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operations, and provision for trans
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In addition, as a general matter, a
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8.2.2 Protection Against Humiliatin
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Special consideration for more vuln
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8.4.2 Additional U.S. Law and Polic
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8.8 MEDICAL ATTENTIONWounded and si
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8.10.3 Communication With Family. D
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8.13 ADEQUATE WORKING CONDITIONSIf
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8.14.3 Release When the Circumstanc
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8.15.1 Registration of Detainees. T
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conspiracy, joint criminal enterpri
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IX - Prisoners of War (POWs)Chapter
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The subsequent practice of States i
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In addition to the agreements expre
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favorable treatment of POWs held by
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• persons who are nationals of th
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shall enjoy the protection of the G
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9.4.2.2 Notification of Offenses Pu
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9.5.2.1 Prohibition on Killing of P
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POWs may voluntarily consent to giv
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provides for women POWs undergoing
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9.7.2 Identity Documents. At no tim
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9.8.1 Humane Treatment During Inter
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Detaining Power shall take all suit
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all the requirements of the GPW. 18
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9.11.3 Location of POW Camps.9.11.3
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The caveat that POW camps need to b
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example, the POW camp may have camp
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whether they are connected with pot
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9.13.4 Clothing for POWs. Clothing,
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malaria, and venereal disease. 274
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exercise freely their ministry amon
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To advance educational opportunitie
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9.17.3.1 Use of Canteen Profits for
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“POWs of equivalent rank” refer
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POWs, the beneficiaries of the paym
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9.18.6.3 Periodic Notification of t
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9.19.1.2 Labor Assignment - Officer
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9.19.3.1 Application of National Le
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Power on which they depend, through
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inferior to that which is provided
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the POWs’ accounts with the Detai
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The special agreements referred to
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territories under its control. 466t
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in them to deterioration; except in
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9.22.2 POWs’ Status With Respect
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equivalent rank. 509 Titles and ran
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9.23.1.1 Making Requests and Compla
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she represents. 539 Thus, POWs dist
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has the right to commence his or he
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• proposing repatriation for cert
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any offenses committed by POWs. 589
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9.25.2 Unsuccessful Escapes. POWs w
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9.25.4 Special Surveillance of POWs
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9.26.4 Retention of Benefits of the
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9.27.1 POW Camp Authorities Who May
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The duration of any single punishme
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entrusted to the POW Representative
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Any period spent by a POW in confin
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held in camera in the interest of S
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9.28.7 Conditions for POWs Serving
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9.29.3 Procedures for Transfer of P
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9.31 NATIONAL ACCOUNTING OF THE DET
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Within the shortest possible period
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States whose nationals benefit from
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• death certificates of POWs; 782
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9.33 ACCESS TO POWS BY THE PROTECTI
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9.34.1 Transmittal of Wills. The De
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Registration Service established by
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9.35.2 Release and Repatriation of
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9.36.2.1 Categories of Wounded, Inj
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present themselves for examination
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9.37.1 Agreements on POW Release an
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For example, the availability of ma
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POWs against whom criminal proceedi
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POWs who are to be moved must be id
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punishment. 928 In addition, any pe
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9.39.2 Background on the U.S. Code
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10.1 INTRODUCTIONThis Chapter addre
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agreements or in subsequent agreeme
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Although the GC addresses the prote
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10.3.3 Categories of Nationals Spec
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In the case of occupied territory,
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10.4.4 Limits on Derogation. In eac
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The GC’s prohibition against the
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10.6 MEASURES OF CONTROL AND SECURI
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Similarly, if the Occupying Power c
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provisions of Article 40, be equal
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10.8.2 Departures of Protected Pers
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10.8.3.2 Responsibility Upon Transf
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or who have been released from inte
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hostilities to conclude agreements
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in the daytime from the air. 182 Th
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egard to hygiene and health, and pr
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10.13 FOOD, WATER, TOBACCO, AND CLO
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10.14.1.2 Right of Internees to Pre
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10.15.1 Premises for Religious Serv
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To advance educational opportunitie
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10.17.3 Working Conditions. The Det
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The amounts shall be paid into the
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10.20 ADMINISTRATION OF PLACES OF I
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Internees shall also have the right
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10.22.2 Duties of Internee Committe
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10.22.3.2 Assistants for the Member
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10.23.2.2 No Delay in Correspondenc
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The special agreements provided for
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10.23.4.4 Costs of Transporting Rel
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complaints, petitions, and reports
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For the purpose of enabling interne
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This requirement does not compel th
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does not absolve the commandant of
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• confinement. 471The duration of
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epresentatives of the Protecting Po
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provide an advocate or counsel. 499
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territory, or the possibility of pr
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movement by foot, the Detaining Pow
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• the name and address of the per
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from the Central Information Agency
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ole of the Central Information Agen
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• receiving up-to-date lists of l
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constituted in occupied territory,
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internees depended, through the Nat
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no person shall be transferred to a
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XI - Military OccupationChapter Con
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This manual uses the terms “milit
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The 1954 Hague Cultural Property Co
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post-war situations (except for cer
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the occupied territory. 40 For exam
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The fact of occupation also imposes
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11.2.2.2 “Under the Authority”
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However, there is no specific legal
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prevent the Occupying Power from ac
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inhabitants of occupied territory.
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as possible, public order and safet
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occupied territory. 112 Specific co
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no part whatever in the hostilities
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11.8 ADMINISTRATION OF OCCUPIED TER
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11.8.6 Civilian or Military Nature
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inconsistent with the earlier law.
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or repeal of existing laws, and of
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11.11 CRIMINAL LAW IN OCCUPIED TERR
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The Occupying Power may reform or e
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punishable under the law in force a
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occupied might repeal the death pen
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The practical arrangements for the
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persons; (2) that evacuations or tr
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nationality, language, and religion
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spread of contagious diseases and e
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Religious assistance addressed by t
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The occupation authorities may limi
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However, such assessment must be ma
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For example, private property may n
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The term usufruct means literally
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11.18.6.2 Seizure of Private Proper
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of wounded personnel awaiting evacu
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Should it prove necessary to take m
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11.20.1.3 Prohibition Against Requi
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• sanitary authorities;whether em
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11.20.4 Voluntary Work Not Prohibit
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duties conscientiously and not to a
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If, due to the flight or unwillingn
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not be taxed, 431 but the property
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permissible. 444 Additionally, if t
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11.22.4.2 Existing Debts Owed by th
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The Occupying Power may also set ex
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11.23.3 Control of Business in Occu
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otherwise circumvent the restrictio
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States may authorize their military
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• to establish safe-conduct prote
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• through the traditional mechani
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information, or with the purpose of
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include, for example, a driver and
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Such acts of treachery include sabo
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The terms military passport and saf
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12.6.3.3 Safe-Conducts Contemplated
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12.6.5 Revocation of Passports, Saf
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communicate with his or her superio
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12.8.5 General Effect of Capitulati
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that has surrendered. Officers have
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12.11 ARMISTICES AND OTHER CEASE-FI
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General armistices are usually of a
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provided always that the enemy is w
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armistice; (3) the relations betwee
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eleased or exchanged, specific prov
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• the utilization of the occasion
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Nations conclude cease-fire or armi
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For example, the law of the sea pro
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• determining the legal boundarie
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United States claimed a three-nauti
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13.2.3.1 High Seas Freedoms. States
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of an archipelagic State. 51 No Sta
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13.3.3.1 Entitlement of Vessels to
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• taking to lifeboats.13.4 ENEMY
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practicable, the personal effects o
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Other civilian enemy nationals on b
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navigational technology (e.g., glob
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The immediate area or vicinity of n
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over that airspace. 130 The right o
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Zones may not be employed for the p
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y a declaration of the belligerent
- Page 916 and 917:
equirement of effectiveness does no
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Attempted breach of a blockade occu
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13.11.2 Peacetime Mining. Naval min
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mines have been laid. This notice m
- Page 924 and 925:
13.11.3.7 Neutralization of Naval M
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The rules concerning deception by b
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States affected, whether as bellige
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civil aircraft.” 18 Assuming that
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• airspace over that State’s la
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Under Article 3 of the 1944 Chicago
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14.3 AIRCRAFT STATUS14.3.1 State Ve
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Belligerent military aircraft gener
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14.4.3aircrew.Downed Aircrew. There
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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
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space is the same as its applicatio
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other international law. 166 This i
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XV - The Law of NeutralityChapter C
- Page 958 and 959:
impartiality to which neutrals have
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addition, a State may have an oblig
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State to observe the duties of neut
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15.2.3.1 Consistency Between the Ru
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15.2.4 Neutrality Under Regional an
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15.3.2.1 Duty to Refrain From Provi
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15.3.3 Correlative or Reciprocal Na
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for self-defense, belligerent force
- Page 974 and 975:
neutral State’s ports and waters
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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
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• a neutral State’s exclusive e
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15.7.4.1 Right of Entry in Distress
- Page 986 and 987:
Belligerent State forces exercising
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A belligerent warship may not leave
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If the prize does not leave as soon
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situation would fall under the gene
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This rule on railway material has s
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Whether it is possible to distingui
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and contraband goods may be capture
- Page 1000 and 1001:
A similar procedure was used during
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nationality are exempt from visit a
- Page 1004 and 1005:
vessels or aircraft also may be dee
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y a belligerent as enemy merchant v
- Page 1008 and 1009:
capture of neutral-flagged vessels
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15.15.4.2 Enemy Nationals Found Onb
- Page 1012 and 1013:
If such measures were not taken, th
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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
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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
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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
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indiscriminate weapon. 7878 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
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• 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
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population, such as foodstuffs, agr
- Page 1066 and 1067:
17.11.2 Obligations to Respect Cult
- Page 1068 and 1069:
17.13 WEAPONS IN NIAC17.13.1 Prohib
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The respect and protection afforded
- Page 1072 and 1073:
hostile acts, outside their humanit
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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
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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
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Because retorsion, by definition, d
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18.18.2.2 Exhaustion of Other Means
- Page 1124 and 1125:
• hospital ships. 211Measures of
- Page 1126 and 1127:
insofar as their interpretation doe
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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
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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
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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
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• 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. 22119.20.2 AP II. Pr
- 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