Inter-belligerent relations
in The contemporary law of armed conflict
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The relations between a belligerent government and the adverse party's nationals are regulated partly by international and partly by national law. Civilians in the adverse party's territory are treated broadly speaking in accordance with the provisions of the national law, and while their freedom of movement may be restricted their treatment overall must be in accordance with Geneva Convention IV. If the capitulation relates to the surrender of an inhabited place, it may contain stipulations concerning the treatment of the civilian population. Conditions in a capitulation should relate only to the immediate purpose of effecting the surrender and not contain terms which would forbid the surrendered personnel from carrying arms in the future, for that is a political and not a military issue. Passports may be granted by a commander on his own authority or in accordance with his own military law.


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