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Chapter 15 - Denial of Quarter (Rules 46–48)

Published online by Cambridge University Press:  05 June 2012

Jean-Marie Henckaerts
Affiliation:
International Committee of the Red Cross
Louise Doswald-Beck
Affiliation:
Graduate Institute of International Studies, Geneva and University Centre for International Humanitarian Law
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Summary

Note: The duty to grant quarter is a basic rule that prohibits attacking a person recognised as hors de combat in combat situations on the battlefield. The treatment due to persons hors de combat is dealt with in Part V.

Rule 46. Ordering that no quarter will be given, threatening an adversary therewith or conducting hostilities on this basis is prohibited.

Practice

Volume II, Chapter 15, Section A.

Summary

State practice establishes this rule as a norm of customary international law applicable in both international and non-international armed conflicts. While all those who take a direct part in hostilities must respect this rule, in practice it will be particularly relevant for commanders.

International armed conflicts

The prohibition on declaring that no quarter will be given is a long-standing rule of customary international law already recognised in the Lieber Code, the Brussels Declaration and the Oxford Manual and codified in the Hague Regulations. “Directions to give no quarter” was listed as a war crime in the Report of the Commission on Responsibility set up after the First World War. This rule is now set forth in Additional Protocol I. Under the Statute of the International Criminal Court, “declaring that no quarter will be given” is a war crime in international armed conflicts.

The prohibition is contained in numerous military manuals. Under the legislation of many States, it is an offence to issue an order that no quarter be given.

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Publisher: Cambridge University Press
Print publication year: 2005

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