CAB129-33 — Page 307

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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: