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Chapter 19 - Communication with the Enemy (Rules 66–69)

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: This chapter addresses communication related to warfare and not political negotiations undertaken with a view to resolving an armed conflict.

Rule 66. Commanders may enter into non-hostile contact through any means of communication. Such contact must be based on good faith.

Practice

Volume II, Chapter 19, Section A.

Summary

State practice establishes this rule as a norm of customary international law applicable in both international and non-international armed conflicts.

International and non-international armed conflicts

Most military manuals stress that the need may arise, for humanitarian or military reasons, for commanders to enter into contact with the adverse party, in particular to conclude local arrangements dealing with such issues as the search for the wounded, sick and dead, the disposal of the dead, exchange of prisoners, evacuation of persons from a besieged area, passage of medical and religious personnel and flights of medical aircraft. At higher levels, agreements may be concluded to establish a hospital or safety zone, a neutralised zone or a demilitarised zone.

Some military manuals specify that combatants themselves may not enter into contact with the enemy. The Military Handbook of the Netherlands, for example, states that “only a commander may decide to negotiate with the adverse party”.

Practice indicates that communication may be carried out by various means, via intermediaries known as parlementaires but also by telephone and radio. A parlementaire is a person belonging to a party to the conflict who has been authorised to enter into communication with another party to the conflict.

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Publisher: Cambridge University Press
Print publication year: 2005

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