The term no quarter may originate from an order by the commander of a victorious army that they will not quarter (house) captured enemy combatants. Therefore, none can be taken prisoner and all enemy combatants must be killed.[1] A second derivation, given equal prominence in the Oxford English Dictionary (OED), is that quarter (n.17) can mean "Relations with, or conduct towards, another" as in Shakespeare's Othello, Act II, scene iii, line 180, "Friends all[...] In quarter, and in termes, like bride and groome". So "no quarter" may also mean refusal to enter into an agreement (relations) with an enemy attempting to surrender. The OED mentions a third possible derivation but says "The assertion of De Brieux (Origines[...] de plusieurs façons de parler (1672) 16) that it arose in an agreement between the Dutch and Spanish, by which the ransom of an officer or private was to be a quarter of his pay, is at variance with the sense of the phrases to give or receive quarter."
An Ordinance Commanding that no Officer or Soldier either by Sea or Land, shall give any Quarter to any Irishman, or to any papist born in Ireland, which shall be taken in Arms against the Parliament in England.[2]
By the 17th century, siege warfare was an exact art, the rules of which were so well understood that wagering on the outcome and duration of a siege became a popular craze; the then-enormous sum of £200,000 was alleged to have been bet on the outcome of the Second Siege of Limerick in 1691.[3] Professional honour demanded a defence, but if a garrison surrendered when "a practicable breach" had been made, they were given "quarter". The garrison signaled their intent to surrender by "beating the chamade"; if accepted, they were generally allowed to retain their weapons, and received a safe conduct to the nearest friendly territory. If a garrison continued their defence beyond this point, the surrender was not accepted, hence "no quarter"; the besiegers were then "permitted" to sack the town, and the garrison was often killed.[4]
In some circumstances, the opposing forces would signal their intention to give no quarter by using a red flag (the so-called bloody flag).[5][6] However, the use of a red flag to signal no quarter does not appear to have been universal among combatants. Black flags have been used to signify that quarter would be given if surrender was prompt; the best-known example is the Jolly Roger used by pirates to intimidate a target crew into surrender. By promising quarter, pirates avoided costly and dangerous sea battles which might leave both ships crippled and dozens of critical crew dead or incapacitated.[7]
Under international humanitarian law, "it is especially forbidden[...] to declare that no quarter will be given". This was established under Article 23(d) of the 1907 Hague ConventionIV – The Laws and Customs of War on Land.[9] Since a judgment on the law relating to war crimes and crimes against humanity at the Nuremberg trials in October 1946, the 1907 Hague Convention, including the explicit prohibition to declare that no quarter will be given, are considered to be part of the customary laws of war and are binding on all parties in an international armed conflict.[10]
↑ Cordingly, p. 117. Cordingly cites only one source for pages 116–119 of his text: Calendar of State Papers, Colonial, America and West Indies, volumes 1719–20, no. 34.
Afflerbach, Holger; Strachan, Hew, eds. (2012). How Fighting Ends: A History of Surrender. OUP. ISBN978-0199693627.
Manning, Roger (2006). An Apprenticeship in Arms: The Origins of the British Army 1585–1702. OUP. ISBN0199261490.
Nofi, Albert A. (1992). The Alamo and the Texas War of Independence, September 30, 1835 to April 21, 1836: Heroes, Myths, and History. Combined Books, Inc. ISBN0-938289-10-1.
Williams, RH (2001). Montrose: Cavalier in Mourning. House of Lochar. ISBN978-1899863594.
A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostages, unnecessarily destroying civilian property, deception by perfidy, wartime sexual violence, pillaging, and for any individual that is part of the command structure who orders any attempt to committing mass killings including genocide or ethnic cleansing, the granting of no quarter despite surrender, the conscription of children in the military and flouting the legal distinctions of proportionality and military necessity.
An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is a person who directly engages in armed conflict in violation of the laws of war and therefore is claimed not to be protected by the Geneva Conventions. The International Committee of the Red Cross points out that the terms "unlawful combatant", "illegal combatant" or "unprivileged combatant/belligerent" are not defined in any international agreements. While the concept of an unlawful combatant is included in the Third Geneva Convention, the phrase itself does not appear in the document. Article 4 of the Third Geneva Convention does describe categories under which a person may be entitled to prisoner of war status. There are other international treaties that deny lawful combatant status for mercenaries and children.
The law of war is a component of international law that regulates the conditions for initiating war and the conduct of hostilities. Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law.
Combatant is the legal status of a person entitled to directly participate in hostilities during an armed conflict, and may be intentionally targeted by an adverse party for their participation in the armed conflict. Combatants are not afforded immunity from being directly targeted in situations of armed conflict and can be attacked regardless of the specific circumstances simply due to their status, so as to deprive their side of their support.
Non-combatant is a term of art in the law of war and international humanitarian law to refer to civilians who are not taking a direct part in hostilities; persons, such as combat medics and military chaplains, who are members of the belligerent armed forces but are protected because of their specific duties ; combatants who are placed hors de combat; and neutral persons, such as peacekeepers, who are not involved in fighting for one of the belligerents involved in a war. This particular status was first recognized under the Geneva Conventions with the First Geneva Convention of 1864.
The Hague Conventions of 1899 and 1907 are a series of international treaties and declarations negotiated at two international peace conferences at The Hague in the Netherlands. Along with the Geneva Conventions, the Hague Conventions were among the first formal statements of the laws of war and war crimes in the body of secular international law. A third conference was planned for 1914 and later rescheduled for 1915, but it did not take place because of the start of World War I.
The Commando Order was issued by the OKW, the high command of the German Armed Forces, on 18 October 1942. This order stated that all Allied commandos captured in Europe and Africa should be summarily executed without trial, even if in proper uniforms or if they attempted to surrender. Any commando or small group of commandos or a similar unit, agents, and saboteurs not in proper uniforms who fell into the hands of the German forces by some means other than direct combat, were to be handed over immediately to the Sicherheitsdienst for immediate execution.
An unconditional surrender is a surrender in which no guarantees, reassurances, or promises are given to the surrendering party. It is often demanded with the threat of complete destruction, extermination or annihilation.
White flags have had different meanings throughout history and depending on the locale.
The French ruse de guerre, sometimes literally translated as ruse of war, is a non-uniform term; generally what is understood by "ruse of war" can be separated into two groups. The first classifies the phrase purely as an act of military deception against one's opponent; the second emphasizes acts against one's opponent by creative, clever, unorthodox means, sometimes involving force multipliers or superior knowledge. The term stratagem, from Ancient Greek strategema, is also used in this sense.
Military occupation, also called belligerent occupation or simply occupation, is temporary hostile control exerted by a ruling power's military apparatus over a sovereign territory that is outside of the legal boundaries of that ruling power's own sovereign territory. The controlled territory is called occupied territory, and the ruling power is called the occupant. Occupation's intended temporary nature distinguishes it from annexation and colonialism. The occupant often establishes military rule to facilitate administration of the occupied territory, though this is not a necessary characteristic of occupation.
International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war. It is a branch of international law that seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities and by restricting and regulating the means and methods of warfare available to combatants.
In civil and military jurisprudence, summary execution is the putting to death of a person accused of a crime without the benefit of a free and fair trial. The term results from the legal concept of summary justice to punish a summary offense, as in the case of a drumhead court-martial, but the term usually denotes the summary execution of a sentence of death. Under international law, it is a combatant's refusal to accept an opponent's lawful surrender and the combatant's provision of no quarter, by killing the surrendering opponents.
Surrender, in military terms, is the relinquishment of control over territory, combatants, fortifications, ships or armament to another power. A surrender may be accomplished peacefully or it may be the result of defeat in battle. A sovereign state may surrender following defeat in a war, usually by signing a peace treaty or capitulation agreement. A battlefield surrender, either by individuals or when ordered by officers, normally results in those surrendering becoming prisoners of war.
In the context of war, perfidy is a form of deception in which one side promises to act in good faith with the intention of breaking that promise once the unsuspecting enemy is exposed.
The Geneva Convention on Prisoners of War was signed at Geneva, July 27, 1929. Its official name is the Convention relative to the Treatment of Prisoners of War. It entered into force 19 June 1931. It is this version of the Geneva Conventions which covered the treatment of prisoners of war during World War II. It is the predecessor of the Third Geneva Convention signed in 1949.
Air warfare must comply with laws and customs of war, including international humanitarian law by protecting the victims of the conflict and refraining from attacks on protected persons.
The ordinance of no quarter to the Irish was a decree of the English Long Parliament passed on 24 October 1644 in response to the Irish Catholic Confederation threat to send troops from Ireland to support King Charles I during the English Civil War. The decree ordered Parliamentary officers to give no quarter to Irish soldiers fighting in England and Wales, and Irish Confederate sailors at sea who surrendered.
The Geneva Conventions are international humanitarian laws consisting of four treaties and three additional protocols that establish international legal standards for humanitarian treatment in war. The singular term Geneva Convention colloquially denotes the agreements of 1949, negotiated in the aftermath of the Second World War (1939–1945), which updated the terms of the two 1929 treaties and added two new conventions. The Geneva Conventions extensively define the basic rights of wartime prisoners, civilians and military personnel; establish protections for the wounded and sick; and provide protections for the civilians in and around a war-zone.
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