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A parlimentaire or parlementaire is defined by the U.S. Department of Defense as "an agent employed by a commander of belligerent forces in the field to go in person within the enemy lines for the purpose of communicating or negotiating openly and directly with the enemy commander". [1]
Even in war, the belligerents sometimes need to communicate, or negotiate. In the Middle Ages, heralds were used to deliver declarations of war and ultimata as a form of one-sided communication. But for two-sided communication, agents were needed who could also negotiate. These usually operated under a flag of truce and enjoyed temporary inviolability according to the customs and laws of war. Breaches of the customary protection of parlimentaires were deemed perfidy.
Later, these customs and protections were codified in international law. Articles 32-34 of the Hague Conventions (1907) state:
Contraventions of these articles constitute war crimes that may be prosecuted before the International Criminal Court.
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 armistice is a formal agreement of warring parties to stop fighting. It is not necessarily the end of a war, as it may constitute only a cessation of hostilities while an attempt is made to negotiate a lasting peace. It is derived from the Latin arma, meaning "arms" and -stitium, meaning "a stopping".
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 the 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.
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.
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 the temporary 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 then known as the occupied territory, with the ruling power being the occupant. Occupation is distinguished from annexation and colonialism on the basis that it is a power structure that the ruling power intends to keep in place only temporarily. In many cases, the occupant may establish a military government to facilitate the administration of the occupied territory, though this is not a necessary precondition for occupation to take place.
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.
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.
Visit and Search is the right of a belligerent warship, under certain conditions, to board a neutral merchant ship in order to verify its true character. The term probably refers to a misunderstanding of the French word visite, which in this context simply means search.
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.
In the practice of international law, command responsibility is the legal doctrine of hierarchical accountability for war crimes, whereby a commanding officer (military) and a superior officer (civil) is legally responsible for the war crimes and the crimes against humanity committed by his subordinates; thus, a commanding officer always is accountable for the acts of commission and the acts of omission of his soldiers.
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, Geneva July 27, 1929. 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.
Protective signs are legally protected symbols to be used during an armed conflict to mark persons and objects under the protection of various treaties of international humanitarian law. While their essential meaning can be summarized as "don't shoot" or "don't attack", the exact conditions implied vary depending on the respective sign and the circumstances of its use. The form, shape and color of these signs are defined by the rules of international humanitarian law. Usually, they are easy to draw in order to make even an improvised use as easy as possible, and they were chosen to be as concise, recognizable and visible as possible under all circumstances.
No quarter, during military conflict, implies that combatants would not be taken prisoner, but killed. Since the Hague Convention of 1899, it is considered a war crime; it is also prohibited in customary international law and by the Rome Statute. The Hague Convention of 1907 states that "it is especially forbidden [...] to declare that no quarter will be given".
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 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.