Germany, Federal Republic of
Practice Relating to Rule 106. Conditions for Prisoner-of-War Status
At the CDDH, the Federal Republic of Germany stated:
The basic rule set forth in Article 42 [now Article 44], paragraph 3, first sentence, that combatants are obliged to distinguish themselves from the civilian population means that these combatants have to distinguish themselves in a clearly recognizable manner.
At the CDDH, the Federal Republic of Germany stated that the second sentence of Article 42(3) of the draft Additional Protocol I (now Article 44(3)) “applies only to exceptional situations such as those occurring in occupied territories” and that the term “military deployment” means “any movement toward a place from which an attack is to be launched”.