United States of America
Practice Relating to Rule 105. Respect for Family Life
The US Field Manual (1956) reproduces Article 27 of the 1949 Geneva Convention IV. The manual also uses the same wording as Article 46 of the 1907 Hague Regulations.
The US Air Force Pamphlet (1976) recalls that the 1949 Geneva Convention IV has provisions on the treatment of protected persons, including “to respect … family rights”. It also refers to Article 46 of the 1907 Hague Regulations, which provides for respect for “family honour”.
The US Soldier’s Manual (1984) instructs soldiers: “However different or unusual a foreign land may seem to you, remember to respect its people and their honor, family rights … and customs”.
According to the Report on US Practice, “Articles 4, 5 and 6 [of the 1977 Additional Protocol II] reflect general US policy on treatment of persons in the power of an adverse party in armed conflicts governed by common Article 3” of the 1949 Geneva Conventions. The report also notes: “It is the
opinio juris of the US that persons detained in connection with an internal armed conflict are entitled to humane treatment as specified in Articles 4, 5 and 6 [of the 1977 Additional Protocol II].”
The US Field Manual (1956) reproduces Article 26 of the 1949 Geneva Convention IV.
The Annotated Supplement to the US Naval Handbook (1997) provides:
The United States supports the principles in [the 1977 Additional Protocol I], Article 74, that nations facilitate in every possible way the reunion of families dispersed as a result of armed conflict and encourage the work of humanitarian organizations engaged in this task.
In 1987, the Deputy Legal Adviser of the US Department of State affirmed: “We support the principle that … states facilitate in every possible way the reunion of families dispersed as a result of armed conflicts.”
According to the Report on US Practice, “Articles 4, 5 and 6 [of the 1977 Additional Protocol II] reflect general US policy on treatment of persons in the power of an adverse party in armed conflicts governed by common Article 3” of the 1949 Geneva Conventions. The report also notes: “It is the
opinio juris of the US that persons detained in connection with an internal armed conflict are entitled to humane treatment as specified in Articles 4, 5 and 6 [of the 1977 Additional Protocol II].”