at the close of occupation, with the relevant records, to the authorities of the liberated territory. (GC, art. 77.) 448. Penalty for Individual Acts of Inhabitants No general penalty, pecuniary or otherwise, shall be inflicted upon the population on account of the acts of individuals for which they cannot be regarded as jointly and severally responsible. (HR, art. 50.) (See also GC, art. 33; par. 272 herein.) CHAPTER 7 NONHOSTILE RELATIONS OF BELLIGERENTS 449. Nonintercourse Section I. GENERAL All intercourse between the territories occupied by belligerent armies, whether by traffic, communication, travel, or in any other way, ceases. This is the general rule to be observed without special proclamation. 450. Exceptions to Rule Exceptions to this rule, whether by safe-conduct, license to trade, exchange of mails, or travel from one territory into the other, are made on behalf of individuals only with the approval of the Government or the highest military authority. 451. Forms of Nonhostile Relations of Belligerents The conduct of war and the restoration of peace require certain nonhostile relations between belligerents. These relations are conducted through parlementaires, military passports, safe-conducts, safeguards, cartels, capitulations, and armistices. 452. Communication Between Belligerent States and Armies One belligerent may communicate with another directly by radio, through parlementaires, or in a conference, and indirectly through a Protecting Power, a third State other than a Protecting Power, or the International Committee of the Red Cross. 453. Good Faith Essential It is absolutely essential in all nonhostile relations that the most scrupulous good faith shall be observed by both parties, and that no advantage not intended to be given by the adversary shall be taken. Section II. MILITARY PASSPORTS, SAFE-CONDUCTS 454. General Persons within an area occupied by a belligerent may be protected from molestation or interference through military passports, safeconducts, and safeguards. These devices are a matter of international law only when granted or posted by arrangement with the enemy. 455. Military Passport A military passport is a document issued by order of a commander of belligerent forces, authorizing a person or persons named therein, residing or sojourning within territory occupied by such forces, to travel unmolested within such territory, with or without permission to pass, or to pass and return, by designated routes, through the lines, subject to such further conditions and limitations as the commander may prescribe. 456. Safe-Conduct a. General. Documents like passports, issued by the same authority and for similar purposes, to persons residing or sojourning outside of the occupied areas, who desire to enter and remain within or pass through such areas, are called safe-conducts. Similar documents, issued by the same authority, to persons residing within or without the occupied areas, to permit them to carry specified goods to or from designated places within those areas, and to engage in trade otherwise forbidden by the general rule of nonintercourse, are also called safeconducts. Safe-conducts for goods in which the grantee is given a continuing right for a prescribed period, or until further orders, to engage in the specified trade, are sometimes called licenses to trade. b. Safe-Conducts for Ambassadors and Diplomatic Agents. Ambassadors and other diplomatic agents of neutral powers, accredited to the enemy, may receive safe-conducts through the territories occupied by the belligerents, unless there are military reasons to the contrary and unless they may reach the place of their destination conveniently by another route. There is, however, no legal requirement that such safe-conducts be issued. Safe-conducts of this nature are usually given by the supreme authority of the State and not by subordinate officers. 457. Safeguard A safeguard is a detachment, guard, or detail posted by a commander for the protection of persons, places, or property of the enemy, or of a neutral. The term also includes a written order left by a commander with an enemy subject or posted upon enemy property for the protection of the individual or property concerned. It is usually directed to the succeeding commander and requests the grant of protection. The effect of a safeguard is to pledge the honor of the nation that the person or property shall be respected by the national armed forces. The violation of a safeguard is a grave violation of the law of war and, if committed by a person subject to the Uniform Code of Military Justice, is punishable under Article 102 thereof with death or such other punishment as a court-martial may direct. Soldiers on duty as safeguards occupy a protected status. They may not be attacked, and it is customary to send them back, together with their equipment and arms, to their own army when the locality is occupied by the enemy and as soon as military exigencies permit. Section III. PARLEMENTAIRES 458. Negotiations Between Belligerents In the past, the normal means of initiating negotiations between belligerents has been the display of a white flag. In current practice, radio messages to the enemy and messages dropped by aircraft are becoming increasingly important as a prelude to conversations between representatives of the belligerent forces. The white flag, when used by troops, indicates a desire to communicate with the enemy. The hoisting of a white flag has no other signification in international law. It may indicate that the party hoisting it desires to open communication with a view to an armistice or a surrender. If hoisted in action by an individual soldier or a small party, it may signify merely the surrender of that soldier or party. It is essential, therefore, to determine with reasonable certainty that the flag is shown by actual authority of the enemy commander before basing important action upon that assumption. .7 The enemy is not required to cease firing when a white flag is raised. To indicate that the hoisting is authorized by its commander, the appearance of the flag should be accompanied or followed promptly by a complete cessation of fire from that side. The commander authorizing the hoisting of the flag should also promptly send a parle mentaire or parlementaires. 459. Parlementaires Parlementaires are agents employed by commanders 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, 460. Inviolability of Parlementaire A person is regarded as a parlementaire who has been authorized by one of the belligerents to enter into communication with the other, and who advances bearing a white flag. He has a right to inviolability, as well as the trumpeter, bugler or drummer, the flag-bearer and the interpreter who may accompany him. (HR, art. 32.) 461. Fire Not To Be Directed on the Parlementaire Fire should not be intentionally directed on parlementaires or those accompanying' them. If, however, the parlementaires or those near them present themselves during an engagement and are killed or wounded, it furnishes no ground for complaint. It is the duty of the parlementaire to select a propitious moment for displaying his flag, such as during the intervals of active operations, and to avoid dangerous zones by making a detour. 462. Credentials of Parlementaire Parlementaires must be duly authorized in a written instrument signed by the commander of the forces. 463. Reception of Parlementaire The commander to whom a parlementaire is sent is not in all cases obliged to receive him. He may take all the necessary steps to prevent the parlementaire taking advantage of his mission to obtain information. In case of abuse, he has the right to detain the parlementaire temporarily. (HR, art. 33.) 464. Conditions for Receipt of Parlementaire A commander may declare the formalities and conditions upon which he will receive a parlementaire and fix the hour and place at which he must appear. The present rule is that a belligerent may not declare beforehand, even for a specified period-except in case of reprisal for abuses of the flag of truce-that he will not receive parlementaires. An unnecessary repetition of visits need not be allowed. While within the lines of the enemy, the parlementaire must obey all instructions given him. He may be required to deliver his message to a subordinate of the commander. 465. Detention of Parlementaire In addition to the right of detention for abuse of his position, a parlementaire may be detained in case he has seen anything or obtained knowledge which may be detrimental to the enemy, or if his departure would reveal information on the movement of troops. He should be detained only so long as circumstances imperatively demand, and information should be sent at once to his commander as to such detention, as well as of any other action taken against him or against his party. 466. Loss of Inviolability The parlementaire loses his rights of inviolability if it is proved in a clear and incontestable manner that he has taken advantage of his privileged position to provoke or commit an act of treachery. (HR, art. 34.) 467. Abuse of Flag of Truce It is an abuse of the flag of truce, forbidden as an improper ruse under Article 23 (f), HR (par. 52), for an enemy not to halt and cease firing while the parlementaire sent by him is advancing and being received by the other party; likewise, if the flag of truce is made |