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Old 11th Nov 2022, 12:13
  #11498 (permalink)  
fdr
 
Join Date: Jun 2001
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Originally Posted by Less Hair
Would they be protected by the Geneva convention without uniform (combatant status)? More like kamikazes being left on the western bank with no bridges.
What war? Wasn't this a special Vladimir yada yada?
  • US Field Manual (1976), the use of civilian clothing by troops to conceal their military character during battle is an act for which a combatant would lose his right to be treated as a prisoner of war.
  • “In addition to the ‘grave breaches’ of the Geneva Conventions of 1949, the following acts are representative of violations of the law of war (‘war crimes’): … use of civilian clothing by troops to conceal their military character during battle.”
  • Customary international law does not … prohibit belligerents from using saboteurs, secret agents or other irregular forces feigning civilian status to attack legitimate military targets. Wear of civilian clothing during an attack, or during a spying or sabotage mission behind enemy lines, may subject combatants to punishment if captured by the enemy.
  • Article 44(3) of the 1977 Additional Protocol I provides:
    In order to promote the protection of the civilian population from the effects of hostilities, combatants are obliged to distinguish themselves from the civilian population while they are engaged in an attack or in a military operation preparatory to an attack
  • The Russian Federation’s Regulations on the Application of IHL (2001) states:
    Combatants have the right to take a direct part in combat operations and, if captured by the enemy, the right to be granted the prisoner of war status. Combatants are obliged to comply with the rules of international humanitarian law in their activities and to distinguish themselves from the civilian population at least by carrying their arms openly during each military engagement or while being visible to the enemy before the engagement.
  • Ukraine’s IHL Manual (2004) states:
    Combatants are obliged to distinguish themselves from the civilian population while they are engaged in an attack (or in a military operation preparatory to an attack), at least by carrying their arms openly.

    If a combatant falls into the power of an adverse party, he shall be entitled to the status of a prisoner of war

They get to be sorted out and handled as POW until their status is verified. Thereafter, they get to be treated as common criminals or as POWs. Shooting them as spies might have been great sport once upon a time but is frowned upon, that would be a war crime in itself, which is what Russia has done repeatedly to POWs in recent and historical times.

Originally Posted by ORAC
Russian paratrooper on his last order in Kherson region:
"The last order was change into civilian clothing and run in any direction you wanted"
That would be a breach of the Geneva Convention by the officers and their managers.

Originally Posted by dead_pan
Any fighting-age male is going to at least raise suspicion amongst Uke forces.
yup. Poor old Special Kherson Cat needs to be vouched for.... along with his cat, who should not be treated as a spy cat, and certainly is not a plump, juicy morsel to serve up with field mushrooms, and a fine red white red white.

Its going to be an MP's nightmare... They need to offer fair alternatives to the poor old Ruski Konscripti, "dead meat" was not the cause of the unpleasantness, they have been shot at by their own sides, and it would be a fair bet that those left behind are not the professional hardliner lifers that messed up royally all round. The options are to give them an opportunity to surrender gracefully, or to be taken out by force. There should be ALARP on risk to the Ukrainian forces to clear out the mess, and the guys that did that need to 'fess up on where the booby traps and mines are. Once captured, it is unlawful to ask them to work on military matters or be used as minefield clearance droids. Ukraine has behaved gracefully under severe stress, and are a stark contrast to Russia, and they need to maintain that distinction IMHO.

On the basis of no good turn.... perhaps the Kerch bridge has run out it's useful life, would seem to be a balanced response to the drop of the bridges today in Kherson oblast.




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