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(f) territory held by each side during a civil war.
-
104
In the view of the Sub-Committee, having regard to the laws and usages of war, "partisans" operating in territories falling within any of the categories set out above, could be recognised as entitled to the protection of the Prisoners of War Convention (and other laws of war)
provided phate
te they satisfied the tests of recognition degi 488
paragraph above.
16.
·
In the following cases, however, the Sub-Committee do not consider that "partisans" could be recognised unless the conditions amounted to "civil war" in which case they would fall under sub-paragraph 15(f) above (see also sub-paragraph 18(b)(14) below):-
(a)
territory of another belligerent, when all hostilities whether in or outside that territory have ceased, but no peace treaty has been enforced: this could occur where
a country is occupied either:-
(i) by one or more victorious powers without special
legal arrangements; or
161
(ii) under special legal arrangements (e.g. Germany 1945);
(b) territory occupied with the agreement of an indigenous
Government, but without active hostilities (see also sub-paragraph 15(a) above);
(0)
Colonial, mandated or trustee territory in which a rebellion is in progress.
Recommendations
17. The Sub-Committee therefore recommend that "partisans" should be protected by the Prisoners of War Convention, if captured:-
18.
(a) whilst operating in any territory covered by paragraph 15;
and (b) whilst belonging to a force:-
(i) which had informed the occupying Power of the
distinctive sign to be worn by its members (see (a) (ii) below);
(ii) which has declared its existence to the enemy;
(iii) whose headquarters have effective control of all
the lower formations and units;
(iv) whose headquarters are capable of being
communicated with effectively and of replying
to communications;
(v) which complies with the rules of war and treats
members of the Armed Forces of the occupying Power captured by them in accordance with the Prisoners of War Convention; and
(o) individually and at all times whilst operating as "partisans":
(i) are commanded by a person responsible for his
subordinates;
(ii) display a fixed distinctive sign recognisable at
a distance and of which the occupying Power has been previously informed (see (b)(i) above);
(iii) oarry arms openly;
(iv) comply with the rules of war and treat members of the Armed Forces of the occupying Power captured by them in accordance with the Prisoners
Page 308ar Convention.
The Sub-Committee further recommend: