Anonymous ID: 0ead98 Jan. 18, 2021, 12:37 p.m. No.12589181   🗄️.is đź”—kun   >>9205 >>9252

>>12589071

 

https://dod.defense.gov/Portals/1/Documents/pubs/DoD%20Law%20of%20War%20Manual%20-%20June%202015%20Updated%20Dec%202016.pdf?ver=2016-12-13-172036-190

 

 

In § 5.11.3, adds recent examples in the footnotes of DoD practice

in adjusting the timing of an attack

 

 

In § 5.11.4, adds discussion of the precaution of deciding to cancel

or suspend an attack based on new information raising concerns of

expected civilian casualties or authorizing subordinates to do so, in

order to reduce the risk of harm to civilians and civilian objects. In

the footnotes, adds recent examples of DoD practice of cancelling

or suspending an attack to reduce the risk of harm to civilians.

 

 

Refer to § 11.6.2.2 (Prohibition Against General Penalties in Occupied Territory).

Anonymous ID: 0ead98 Jan. 18, 2021, 12:40 p.m. No.12589252   🗄️.is đź”—kun   >>9274

>>12589181

18.11 PROTESTS AND DEMANDS TO THE OFFENDING PARTY

An initial step in responding to law of war violations by the enemy is to issue a formal or

informal complaint to the offending party.

18.11.1 Method of Transmitting Protests and Demands. In view of the lack of diplomatic

relations between States involved in an armed conflict, complaints cannot normally be made

through the usual diplomatic channels. However, other methods are available, depending on the

degree of publicity required. The traditional method of complaining by parlementaire directly to

the commander of the offending forces remains, although modern communications have meant

that the message is more likely now to be transmitted through electronic means.

119

Anonymous ID: 0ead98 Jan. 18, 2021, 12:46 p.m. No.12589348   🗄️.is đź”—kun   >>9372

are we being told that

D.C. is OCCUPIED TERRITORY

and now the military will intervene?

 

>>12589071

1.3.2.4 Explicit Incorporation of Concepts From Other Bodies of Law Into the

Law of War. In some cases, law of war treaties explicitly incorporate concepts from other bodies

of law. For example, the peacetime property law concept of usufruct is made applicable to the

duties of the Occupying States.34 Similarly, the GC explicitly applies a peacetime rule with

respect to the nationals of the Occupying Power who, before the outbreak of hostilities, have

sought refuge in the occupied territory.35 And as another example, Common Article 3 of the

1949 Geneva Conventions incorporates by reference those judicial guarantees that arerecognized as indispensable by civilized peoples.36

Anonymous ID: 0ead98 Jan. 18, 2021, 12:51 p.m. No.12589432   🗄️.is đź”—kun   >>9457

>>12589071

 

????

 

leased territory.

 

D.C

Density 11,506/sq mi (4,442/km2)

 

 

 

1.6.3.3 International Covenant on Civil and Political Rights (ICCPR). The

United States is a Party to the International Covenant on Civil and Political Rights (ICCPR).

The ICCPR creates obligations for a State with respect to persons within its territory and

subject to its jurisdiction.

96 The United States has long interpreted the ICCPR not to apply

abroad.

97 The inclusion of the reference to “within its territory” in Article 2(1) of the ICCPR was adopted as a result of a proposal made by U.S. delegate Eleanor Roosevelt – specifically to

ensure that a State Party’s obligations would not apply to persons outside its territories, such as

in occupied territory and leased territory.98

Anonymous ID: 0ead98 Jan. 18, 2021, 12:58 p.m. No.12589579   🗄️.is đź”—kun

>>12589071

4.5.4 Persons Belonging, or Having Belonged, to the Armed Forces of an Occupied State.

Under Article 4B(1) of the GPW, persons belonging, or having belonged, to the armed forces of

an occupied State should be treated as POWs if, while hostilities are continuing outside occupied

territory, the Occupying Power considers it necessary, by reason of their allegiance to the armed

forces, to intern them.

130

Article 4B(1) of the GPW seeks to address the proper status of an army demobilized by

the Occupying Power while a portion of those same armed forces continue the struggle. When

the forces are demobilized, they are treated as civilians, but when recalled for internment based

on their prior service, they are treated as POWs.

131 In particular, States developed this provision

to address Germany’s practice during World War II of arresting demobilized military personnel

from occupied States.

132 These personnel were often interned and sought to escape to join the

ongoing fighting. This provision was promulgated to ensure that individuals in similar

circumstances would receive POW treatment if they were interned. For example, the rules for

the parole of POWs would apply to them.

133 Similarly, the rules relating to POW escape would also apply to them.

134 So, a demobilized person who disobeyed an internment order and

attempted to escape to rejoin his or her armed force would, like a POW, be subject, at most, to

disciplinary punishment in respect of the act of escape.

135

Persons belonging, or having belonged, to the armed forces of an occupied State would

only be entitled to receive POW treatment while an international armed conflict continues.

136

For example, this provision would not apply to a situation like the occupation of Japan after

World War II because all hostilities had ended.

137

4.6 OTHER MILITIA AND VOLUNTEER CORPS

Under certain conditions, members of militia and volunteer corps that are not part of the

armed forces of a State qualify as combatants and receive the rights, duties, and liabilities of

combatant status.138 More specifically, Article 4(A)(2) of the GPW defines prisoners of war to

include:

Members of other militias and members of other volunteer corps, including those

of organized resistance movements, belonging to a Party to the conflict and

operating in or outside their own territory, even if this territory is occupied,

provided that such militias or volunteer corps, including such organized resistance

movements, fulfil the following conditions:

(a) that of being commanded by a person responsible for his subordinates;

(b) that of having a fixed distinctive sign recognizable at a distance;

(c) that of carrying arms openly;

(d) that of conducting their operations in accordance with the laws and customs of

war Under these conditions, which are discussed below, members of these armed groups may

operate as combatants in or outside their own territory, even if this territory is occupied. By

contrast, a levée en masse may only be formed on the approach of the enemy to non-occupied

territory.

140

4.6.1 GPW 4A(2) Conditions in General. The conditions set forth in Article 4A(2) of the

GPW were derived from conditions found in the Regulations annexed to the 1899 Hague II and

the 1907 Hague IV.

141 These conditions reflect the attributes common to regular armed forces of

a State.

142 By seeking to ensure that participants in hostilities are sufficiently disciplined, lawabiding, and distinguishable from the civilian population, these conditions help protect the

civilian population from the hardships of war. In addition, these conditions contribute to the

military effectiveness of the force that satisfies the conditions.

143