Law of War Handbook 2005

(Jacob Rumans) #1
D. Loss of P~otected Status. A person suspected of "activities hostile to the
security of the State," does not enjoy any right that might prejudice the security
of the State. GC, Art. 5.


  1. Spieslsaboteurs given as a specific example. Such persons forfeit their rights
    of communication. GC, Art. 5, Para. 2.


a.  Article 29 of Hague IV provides the current definition of a spy: "A person
can be considered a spy when, acting clandestinely or on false pretenses,
he obtains or endeavors to obtain information in the zone of operations of
a belligerent, with the intent of communicating it to the hostile party."

b. Thus, civilians seeking information in the territory of a belligerent under
the circumstances described above may lose their status (in an occupied
territory the civilian loses his status only if "absolute military security so
requires").

VII. GRAVE BFU3ACHES OF THE LAW OF WAR


A. Grave Breaches (GC, Art.147): Grave breaches, if committed against persons
or property protected by the Fourth Geneva Convention, are:


  1. Willful killing;

  2. Torture or inhumane treatment, to include biological experiments;

  3. Willfully causing great suffering or serious injury to body and health;

  4. Unlawful deportation or transfer or unlawful confinement of a protected
    person;

  5. Compelling a protected person to serve in the forces of a hostile power;

  6. Willhlly depriving a protected person of the rights of fair and regular trial;

  7. Taking of hostages;

  8. Extensive destruction and appropriation of property, not justified by military
    necessity.


B. Prosecution (GC, Art. 146): Each High Contracting Party shall be under the
obligation to search for persons alleged to have committed, or to have ordered to
be committed, such grave breaches, and shall bring such persons, regardless of
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