sou · GYB322d3 · 2011-01-01 00:00:00 — (d)The failure of and religious personnel, units and transports to display the distinctive emblem does not deprive them of their protected status. 73.A Belligerent Party may inform the enemy of the position of its units. The absence of such notification does not exempt any of the Belligerent Parties from the obligations contained in Rule 71. (a) The protection to which and religious personnel, units or transports are entitled does not cease unless they commit or are used to commit, outside their humani- tarian function, acts harmful to the enemy. (b)For units or transports, protection may cease only after a warning has been given setting a reasonable time- limit, and after such warning has remained unheeded. (c)The following must not be considered as acts harmful to the enemy: (i)that the personnel of a unit are equipped with light individual weapons for their own defence or for that of the wounded, sick or shipwrecked in their charge. (ii)that a unit is guarded by sentries or by an escort. (iii)that portable arms and ammunition taken from the wounded and sick, and not yet handed to the proper service, are found in the unit. (iv)that members of the armed forces or other combatants are in the unit for or other authorized reasons, consistent with the mission of the unit. (d)units must not be used to shield lawful targets from attack. Section L: Specific Protection of Aircraft 75.A aircraft is entitled to specific protection from attack, subject to the Rules of this Section of the Manual. (a) A aircraft must be clearly marked with a distinctive emblem as provided by the law of international armed conflict, i.e. the Red Cross, the Red Crescent or the Red , together with its national colours, on its lower, upper and lateral surfaces. (b)A aircraft ought to use additional means of identifi- cation where appropriate. (c)A temporary aircraft which cannot - either for lack of time or because of its characteristics - be marked with the distinctive emblem, ought to use the most effective means of identification available. (d)Means of identification are intended only to facilitate identifi- cation and do not, of themselves, confer protected status. 77.In and over areas controlled by friendly forces, the specific protection of aircraft of a Belligerent Party is not dependent on the consent of the enemy. (a) In and over areas physically controlled by the enemy, as well as in and over those parts of the contact zone which are physically controlled by friendly forces or the physical control of which is not clearly established, the protection of aircraft can be fully effective only by virtue of prior consent obtained from the enemy. Although, in the absence of such consent, aircraft in the contact zone operate at their own risk, they must nevertheless be respected once they have been identified as such. (b)The consent of the enemy as per paragraph (a) has to be sought in advance (or immediately prior to the commence- ment of the operation of a aircraft ) by a Belligerent Party employing a aircraft . The request for consent ought to be accompanied by a detailed flight plan (as set forth in the form). (c)When given, consent must be express. Consent for activities consistent with the aircraft s status, e.g. evacuation of the wounded, sick or shipwrecked, and transportation of personnel or material, ought not to be refused, unless on reasonable grounds. 79.Any conditions of consent obtained from the enemy for the protection of a aircraft must be adhered to strictly. (a) While flying over an area covered in Rule 78 (a), aircraft may be ordered to land or to alight on water to permit inspection. aircraft must obey any such order. (b)If inspection reveals that the aircraft has been engaged in activities consistent with its status, it must be authorized to continue its flight without delay. (c)However, if the aircraft has engaged in activities inconsistent with its status, or if it has fl own without or in breach of a prior agreement, then it may be seized. Its occupants must then be treated in accordance with the relevant rules of the law of international armed conflict. (d)aircraft seized which had been assigned as a permanent aircraft may be used thereafter only as a aircraft. 81.A aircraft must not possess or employ equipment to collect or transmit intelligence harmful to the enemy. It may, however, be equipped with encrypted communications equipment intended solely for navigation, identification and communication consistent with the execution of its humanitarian mission. 82.A aircraft may be equipped with deflective means of defence (such as chaff or flares) and carry light individual weapons necessary to protect the aircraft , the personnel and the wounded, sick or shipwrecked on board. Carrying of the individual weapons of the wounded, sick or shipwrecked during their evacuation does not entail loss of protection. 83.Subject to Rule 74, a aircraft loses its specific protec- tion from attack if it is engaged in acts harmful to the enemy. 84.Except by prior agreement with a Neutral, a belligerent aircraft must not fly over or land in the territory of that Neutral, unless it is exercising the right of transit passage through straits used for international navigation or the right of archipelagic sea lanes passage. (a) Should a aircraft , in the absence of a prior agree- ment with the Neutral or in deviation from the terms of an agreement, enter the neutral airspace, either through navigational error or because of an emergency affecting the safety of the flight, it must make every effort to give notice and to identify itself. Once the aircraft is recognized as a aircraft by the Neutral, it must not be attacked but may be required to land for inspection. Once it has been inspected, and if it is determined in fact to be a aircraft , it must be allowed to resume its flight. (b)If the inspection reveals that the aircraft is not a aircraft , it may be seized. combatants on board will be interned by the Neutral in accordance with Rule 170 (c). (a) Search-and-rescue aircraft used to recover military per- sonnel, even if they are not military aircraft , are not entitled to protection. (b)aircraft must not be used to search for the wounded, sick and shipwrecked within areas of combat operations, unless pursuant to prior consent of the enemy. If aircraft nevertheless operate for such purposes they do so at their own risk. 87.Without prejudice to the status of personnel under the relevant provisions of the law of international armed conflict, members of the crew of aircraft must not be captured by the enemy and must be allowed to carry out their mission. Section M: Specific Protection of the Natural The destruction of the natural environment carried out wantonly is prohibited. Specifics of air or missile operations When planning and conducting air or missile operations, due regard ought to be given to the natural environment. Section N: Specific Protection of Other Persons and (a) Specific protection must be provided to civil defence orga- nizations and their personnel, whether civilian or military. They must be entitled to perform their civil defence tasks except in the case of imperative military necessity. (b)Specific protection must also be provided to and materiel used for civil defence purposes and to shelters provided for the civilian population. Objects used for civil defence purposes may not be destroyed or diverted from their proper use except by the Belligerent Party to which they belong. 91.Belligerent Parties have to endeavour to ensure that - while exclusively devoted to the performance of civil defence tasks - their civil defence organizations, personnel, and mate- rials, as well as shelters provided to the civilian population, are identified as such by the recognized international distinctive sign for civil defence and any other appropriate means of identification. 92.The protection to which civilian civil defence organizations, their personnel, , shelters and materiel are entitled does not cease unless they commit or are used to commit, outside their proper tasks, acts harmful to the enemy. Protection may, however, cease only aft er a warning has been given setting, whenever appropriate, a reasonable time-limit, and after such warning has remained unheeded. (i)Use of cultural property (a) Belligerent Parties must refrain from any use of cultural property and its immediate surroundings, or of the appliances in use for its protection, for purposes which are likely to expose it to destruction or damage. (b)Cultural property or its immediate surroundings may only be used for military purposes in cases where military necessity imperatively so requires. Such decision can only be implemen- ted after the emblems identifying the object in question as cultural property have been removed. 94.Belligerent Parties ought to facilitate the identification and protection of cultural property under their control, by marking it with the internationally recognized emblem and by providing the enemy with timely and adequate information about its location. However, the absence of such measures does not deprive cultural property of its protection under the law of international armed conflict. (ii)Attacks against cultural property (a) Subject to paragraph (b) and to Rule 96, Belligerent Parties must refrain from any act of hostility directed against cultural property. (b)Cultural property, or its immediate surroundings, may only be attacked in cases where military necessity imperatively so requires. (c)In attacking, through air or missile attacks, military objectives in the immediate surroundings of cultural property, the Belligerent Parties must take feasible precautions to avoid damage to the cultural property (see Section G of this Manual). 96.Whenever cultural property has become a military objective, the decision to attack the object must be taken by an appropriate level of command, and with due consideration of its special character as cultural property. An effective advance warning should be given whenever circumstances permit and an attack should only be conducted if the warning remains unheeded. Objects indispensable to the survival of the civilian population (a) Starvation of civilians as a method of warfare is prohibited. (b)It is prohibited to attack, destroy, remove, or render useless objects indispensable to the survival of the civilian population, such as foodstuff s, agricultural areas for the production of foodstuff s, crops, livestock, drinking water installations and supplies and irrigation works, for the specific purpose of denying the civilian population their use. (c)The prohibitions in paragraph (b) do not apply to such of the objects covered by it as are used by the enemy: (i)as sustenance solely for the members of its armed forces; or (ii)if not as sustenance, then in direct support of military action, provided, however, that in no event can actions against these objects be taken which may be expected to leave the civilian population with such inadequate food or water as to cause its starvation or force its movement. (a) UN personnel must be respected and protected. (b)Directing attacks against UN personnel is prohibited, as long as they are entitled to the protection given to civilians. (c)Directing attacks against material, installations, units and vehicles of the UN is prohibited, unless they constitute mili- tary objectives. Protection by special agreement Belligerent Parties may agree at any time to protect persons or objects not otherwise covered by this Manual. Section O: Humanitarian (a) If the civilian population of any territory under the control of a Belligerent Party is not adequately provided with food, supplies, clothing, bedding, means of shelter or other supplies essential to its survival, relief actions which are humanitarian and impartial in character - and conducted without adverse distinction - should be undertaken, subject to agreement of the Parties con- cerned. Such agreement cannot be withheld in occupied territories. (b)Relief actions may be undertaken either by States or by impartial humanitarian organizations such as . 101.The Parties concerned must allow and facilitate rapid and unimpeded passage of relief consignments, equipment and per- sonnel in accordance with Rule 100, subject to technical arrange- ments including search. (a) Humanitarian relief personnel, acting within the prescribed parameters of their mission, must be respected and protected. The protection extends to humanitarian transports, installations and goods. (b)Each Belligerent Party in receipt of relief consignments must, to the fullest extent practicable, assist the relief personnel referred to in paragraph (a) in carrying out their relief mission. Only in case of imperative military necessity may the activities of the relief personnel be limited or their movements tem- porarily restricted. Specifics of air or missile operations 103.Whenever circumstances permit, Belligerent Parties conduct- ing air or missile operations ought to suspend air or missile attacks in order to permit the distribution of humanitarian assistance. 104.Technical arrangements as used in Rule 101 may include such matters as: (a)of air corridors or air routes. (b)Organization of air drops. (c)Agreement on flight details (i.e. timing, route, landing). (d)Search of relief supplies. Section P: Exclusion Zones and No-Fly Zones (a) A Belligerent Party is not absolved of its obligations under the law of international armed conflict by establishing exclusion zones or no-fly zones. (b) Zones designated for unrestricted air or missile attacks are prohibited. Nothing in this Section of the Manual ought to be deemed as derogating from the right of a Belligerent Party: (a) to control civil in the immediate vicinity of hostilities; or (b) to take appropriate measures of force protection in the form of, e.g., the of warning zones. Exclusion zones in international airspace Should a Belligerent Party establish an exclusion zone in international airspace: (a)The same rules of the law of international armed conflict will apply both inside and outside the exclusion zone. (b)The extent, location and duration of the exclusion zone and the measures imposed must not exceed what is reasonably required by military necessity. (c)The commencement, duration, location and extent of the exclusion zone, as well as the restrictions imposed, must be appropriately notified to all concerned. (d)The of an exclusion zone must neither encompass nor completely bar access to the airspace of Neutrals. (e)regard must be given to the lawful use by Neutrals of their Exclusive Economic Zones and shelf, in particular artificial , installations, structures and safety zones. No-fly zones in belligerent airspace 108.A Belligerent Party may establish and enforce a no-fly zone in its own or in enemy national airspace. 109.The commencement, duration, location and extent of the no- fly zones must be appropriately notified to all concerned. 110.Subject to the Rules set out in Sections D and G of this Manual, aircraft entering a no-fly zone without specific permission are liable to be attacked. Section Q: Deception, Ruses of War and Perfidy (a) It is prohibited to kill or injure an adversary by resort to perfidy. Acts inviting the confidence of an adversary to lead him to believe that he is entitled to, or is obliged to accord, protection under the rules of the law of international armed conflict, with the intent to betray that confidence, constitute perfidy. (b)The following acts are examples of perfidy as per paragraph (a): feigning of civilian, neutral or other protected status. Without prejudice to the rules of naval warfare, the following acts are prohibited at all times irrespective of whether or not they are perfidious: (a)Improper use of the distinctive emblem of the Red Cross, Red Crescent or Red , or of other protective emblems, signs or signals provided for by the law of international armed conflict. (b)Improper use of the flag of truce. (c)Improper use by a Belligerent Party of the flags or military emblems, insignia or uniforms of the enemy. (d)Use by a Belligerent Party of the flags or military emblems, insignia or uniforms of Neutrals. (e)Use by a Belligerent Party of the distinctive emblem of the United Nations, except as authorized by that Organization. 113.Ruses of war are permitted. Such ruses are acts which are intended to mislead an adversary or to induce him to act recklessly but which infringe no rule of the law of international armed conflict and which do not meet the definition of perfidy in Rule 111(a). Specifics of air or missile operations In air or missile combat operations, the following acts are examples of perfidy (subject to the definition in Rule 111 (a)): (a)The feigning of the status of a protected aircraft , in particular by the use of the distinctive emblem or other means of identification reserved for aircraft . (b)The feigning of the status of a civilian aircraft. (c)The feigning of the status of a neutral aircraft. (d)The feigning of another protected status. (e)The feigning of surrender. 115.Irrespective of whether or not they are perfidious, in air or missile combat operations, the following acts are prohibited at all times: (a)Improper use by aircraft of distress codes, signals or frequencies. (b)Use of any aircraft other than a military aircraft as a means of attack. In air or missile combat operations, the following are examples of lawful ruses of war: (a)Mock operations. (b)Disinformation. (c)False military codes and false electronic, optical or acoustic means to deceive the enemy (provided that they do not consist of distress signals, do not include protected codes, and do not convey the wrong impression of surrender). (d)Use of decoys and dummy-construction of aircraft and hangars. (e)Use of camouflage. 117.Aircrews conducting combat operations on land or on water - outside their aircraft - must distinguish themselves from the civi- lian population, as required by the law of international armed conflict. Section R: ´Espionage 118.Espionage consists of activities by spies. A spy is any person who, acting clandestinely or on false pretences, obtains or endea- vours to obtain information of military value in territory controlled by the enemy, with the intention of communicating it to the opposing Party. 119.Acts of espionage are not prohibited under the law of inter- national armed conflict. 120.A member of the armed forces of a Belligerent Party who or attempts to information in a territory controlled by the enemy is not considered a spy if, while so acting, he is in the uniform of his armed forces. 121.A member of the armed forces of a Belligerent Party who falls into the power of the enemy while engaging in espionage does not have the right to prisoner of war status and may be prosecuted for his acts before domestic courts. 122.A member of the armed forces of a Belligerent Party who, having been engaged in espionage rejoins his own forces but is subsequently captured by the enemy, may no longer be prosecuted for his previous acts of espionage. Specifics of air or missile operations 123.Military aircraft on missions to , intercept or otherwise gain information are not to be regarded as carrying out acts of espionage. 124.The use of civilian aircraft and State aircraft other than mili- tary aircraft of a Belligerent Party, flying outside the airspace of or controlled by the enemy - in order to , intercept or other- wise gain information - is not to be regarded as espionage, al- though the aircraft may be attacked at such time as it is carrying out its information-gathering mission. Section S: Surrender 125.Enemy personnel may offer to surrender themselves (and the military equipment under their control) to a Belligerent Party. 126.It is prohibited to deny quarter to those manifesting the intent to surrender. 127.Surrender is contingent on three cumulative conditions: (a)The intention to surrender is communicated in a clear to the enemy. (b)Those offering to surrender must not engage in any further hostile acts. (c)No attempt is made to evade capture. Specifics of air or missile operations 128.Aircrews of a military aircraft wishing to surrender ought to do everything feasible to express clearly their intention to do so. In particular, they ought to communicate their intention on a com- mon radio channel such as a distress frequency. 129.A Belligerent Party may insist on the surrender by an enemy military aircraft being effected in a prescribed mode, reasonable in the circumstances. Failure to follow any such instructions may render the aircraft and the aircrew liable to attack. 130.Aircrews of military aircraft wishing to surrender may, in certain circumstances, have to parachute from the aircraft in order to communicate their intentions. The provisions of this Section of the Manual are without prejudice to the issue of surrender of aircrews having descended by parachute from an aircraft in distress (see Section T of this Manual). 131.Subject to Rule 87, surrendering combatants, as well as cap- tured civilians accompanying the armed forces (such as civilian members of military aircraft crews) and crews of civilian aircraft of the Belligerent Parties who do not benefit from a more favorable treatment, are entitled to prisoner of war status. Section T: Parachutists from an (a) No person descending by parachute from an aircraft in distress may be made the object of attack during his descent. (b)Upon landing in a territory controlled by the enemy, a person who descended by parachute from an aircraft in distress is entitled to be given an opportunity to surrender prior to being made the object of attack, unless it is apparent that he is engaging in a hostile act. This Section does not apply to airborne troops. Section U: Contraband, Interception, Inspection and I. Enemy aircraft and goods on board such aircraft Enemy civilian aircraft and goods on board may be captured as prize on the ground or - when flying outside neutral airspace - be intercepted and ordered to proceed to a reasonably accessible belligerent airfield that is safe for the type of aircraft involved. Prior exercise of inspection is not required. As an exceptional measure, captured enemy civilian aircraft and goods on board may be destroyed when military circumstances preclude taking the aircraft for prize adjudication, provided that all persons on board have first been placed in safety and documents relating to the prize have been preserved. (a) Enemy military, law-enforcement and customs aircraft are booty of war. Prize procedures do not apply to captured enemy military aircraft and other State aircraft , inasmuch as their ownership immediately passes to the captor government by virtue of capture. (b)If a military aircraft becomes disabled or experiences technical problems that require it to land in enemy territory, the aircraft may be seized and destroyed or converted for use by the enemy. (c)Captured aircrews of military aircraft covered under this Rule are prisoners of war. (a) Belligerent Parties are entitled to intercept neutral civilian aircraft outside neutral airspace, provided that due regard is given to the safety of civil . (b)If, after interception, reasonable grounds for suspecting that a neutral civilian aircraft is subject to capture exist, it may be ordered to proceed for inspection at a reasonably accessible belligerent airfield that is safe for the type of aircraft involved. (c)As an alternative to capture as prize, a neutral civilian aircraft may consent to be diverted from its declared destination. 138.In order to avoid the need for interception, Belligerent Parties are allowed to establish reasonable measures for the inspection of the cargo of neutral civilian aircraft and the certification that an aircraft is not carrying contraband.