相关规则
Australia
Practice Relating to Rule 35. Hospital and Safety Zones and Neutralized Zones
Australia’s Defence Force Manual (1994) states:
Hospital and safety zones are established for the protection from the effects of war of the wounded, sick and aged persons, children under 15 years, expectant mothers and mothers of children under seven years … by agreement between the parties.
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 940; see also Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 940.
The manual adds:
Neutralised zones may be established in regions where fighting is taking place to shelter wounded and sick combatants or noncombatants and civilian persons who take no part in hostilities and who perform no work of a military character. The zones are set up by written agreement.
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 941; see also Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 941.
Australia’s LOAC Manual (2006) states:
9.40 The LOAC allows various zones to be set up for the protection of civilians from the effects of hostilities. They include hospital, safety [and] neutralised … zones …
9.41 Hospital and safety zones. Hospital and safety zones are established for the protection from the effects of war of the wounded, sick and aged persons, children under 15 years, expectant mothers and mothers of children under seven years. Such zones are:
• generally permanent in character;
• located outside the combat zone in either a state’s own or occupied territory; and
• established in peacetime or during war by agreement between the parties. (Such agreement may be reached through the offices of any protecting power or the ICRC.)
9.42 Neutralised zones. Neutralised zones may be established in regions where fighting is taking place to shelter wounded and sick combatants or non-combatants and civilian persons who take no part in hostilities and who perform no work of a military character. The zones are set up by written agreement, which includes details of location, administration and duration of the neutralisation of the zone.
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, §§ 9.40–9.42.
In its chapter on “Maritime Operations”, the manual states: “The parties to an armed conflict at sea may agree for humanitarian purposes to create a zone in a defined area of the sea in which only activities consistent with those humanitarian purposes are permitted”.
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 6.68.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
In 2009, in a ministerial statement before the House of Representatives on the situation in Sri Lanka, Australia’s Minister for Foreign Affairs stated:
Australia calls on all those involved in the fighting to make protecting civilians an absolute priority: All parties must respect “safe areas” nominated by the Sri Lankan government and not fire into or out of these zones or in the vicinity of the PTK [Puthukkudiyiruppu] hospital or any other medical facility.
Australia, House of Representatives, Minister for Foreign Affairs, Ministerial statement: Situation in Sri Lanka, Hansard, 5 February 2009, p. 623.
