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Their commencement, effects and termination
Leslie C. Green

restrictions upon the freedom of residents possessing adverse-party nationality. For countries which have ratified Geneva Convention IV relative to the Protection of Civilian Persons in Time of War, 1949, 50 civilians present in the territory of the adverse party are protected by the terms of that Convention immediately upon the outbreak of hostilities. 51 Relations between

in The contemporary law of armed conflict
Abstract only
Leslie C. Green

potential recognition as are the regular forces. Mercenaries Until the adoption of Protocol I no attempt was made to discriminate among the members of an armed force on the basis of their nationality or the motives which lead them to join that force, whether those motives are ideological or mercenary. 70 In view, however, of the number of mercenaries who enrolled in colonial armies

in The contemporary law of armed conflict
Leslie C. Green

his capture, and who had killed an American soldier, the US authorities intended trying him for murder, with the threat of the death penalty. Because of his dual Afghan and Canadian nationality, Canada sought an undertaking from the United States that this penalty would not be imposed. Protection of civilians In non-international armed

in The contemporary law of armed conflict
Abstract only
Leslie C. Green

treated equally, without any adverse distinction based on race, nationality, 27 religious beliefs or political opinions, 28 or any other distinction founded on similar criteria, such as language, colour, social or professional status, or the like. The reference to nationality makes it clear that aliens serving in a belligerent force who are captured are entitled to the same treatment as prisoners of war

in The contemporary law of armed conflict
Abstract only
Leslie C. Green

pregnant women, children under fifteen and the immunity of hospitals and their personnel. Although these provisions are to operate without any adverse distinction based on race, nationality, religion or political opinion, the Convention does not protect those definitely suspected of or engaged in activities prejudicial to the security of the state, nor, in occupied territory, those detained as spies or saboteurs

in The contemporary law of armed conflict
Leslie C. Green

territory; such change be effected only by a peace treaty or by annexation followed by recognition. The former sovereign remains sovereign and there is no change in the nationality of the inhabitants. Their allegiance does not change, and the Occupying Power may not compel them to swear an oath of allegiance to itself, nor compel them to serve in its armed or auxiliary forces, 9 or impart information concerning

in The contemporary law of armed conflict
Leslie C. Green

or civilian, cannot be required to afford preferential treatment to any wounded or sick person save on medical grounds, nor compelled to carry out any act incompatible with their humanitarian mission or medical ethics, nor punished for carrying out their activities in accordance with those ethics, regardless of the nationality or status of the person treated. They are protected against providing

in The contemporary law of armed conflict
Leslie C. Green

participate in warlike activities. Only ships, military aircraft and personnel forming part of the armed forces of a belligerent are legitimate combatants. To constitute a warship, the vessel must belong to the armed forces of a State bearing the external marks [pennant and ensign] distinguishing such ships of its nationality, under

in The contemporary law of armed conflict
Leslie C. Green

him over for trial to the power presenting such evidence. 36 Since jurisdiction over war crimes is universal, 37 many countries have enacted legislation to confer jurisdiction over them regardless of the nationality of the offender or victim or location of the offence. 38 If the neutral concerned is not a party to any of these instruments it should try the offender itself or, if the offence is a

in The contemporary law of armed conflict
Leslie C. Green

legislation has been enacted to permit this nomenclature to be used even for its own nationals. Moreover the members of national forces are invariably also subject to the national criminal law, and, regardless of nationality, are subject to military law rendering them subject to the jurisdiction of military courts in respect of offences committed by military personnel. Dissemination

in The contemporary law of armed conflict