Rule 69. Loss of Inviolability of Parlementaires
Rule 69. Parlementaires taking advantage of their privileged position to commit an act contrary to international law and detrimental to the adversary lose their inviolability.
State practice establishes this rule as a norm of customary international law applicable in both international and non-international armed conflicts.
This is a long-standing rule of customary international law already recognized in the Brussels Declaration and the Oxford Manual, and codified in the Hague Regulations.[1] It has been restated in several military manuals.[2] Some of these manuals are applicable in, or have been applied in, non-international armed conflicts.[3] No official contrary practice was found.
Examples of taking advantage of the parlementaire’s privileged position cited in practice include: collecting information; carrying out acts of sabotage; inducing soldiers to collaborate in collecting intelligence; instigating soldiers to refuse to do their duty; encouraging soldiers to desert; and organizing espionage in the territory of the adverse party.[4]
Loss of inviolability means that the parlementaire can be held prisoner and tried in accordance with national legislation. The fundamental guarantees provided for in Chapter 32, in particular fair trial guarantees (see Rule 100), would apply in such a case.
[1] Brussels Declaration, Article 45 (cited in Vol. II, Ch. 19, § 290); Oxford Manual, Article 31 (ibid., § 291); Hague Regulations, Article 34 (ibid., § 289).
[2] See, e.g., the military manuals of Argentina (ibid., § 294), Belgium (ibid., § 295), Canada (ibid., § 296), Germany (ibid., § 297), Italy (ibid., § 298), New Zealand (ibid., § 299), Spain (ibid., §§ 300–301), Switzerland (ibid., § 302), United Kingdom (ibid., § 303), United States (ibid., § 304) and Yugoslavia (ibid., § 305).
[3] See, e.g., the military manuals of Germany (ibid., § 297), Italy (ibid., § 298) and Yugoslavia (ibid., § 305).
[4] See, e.g., the military manuals of Belgium (ibid., § 295), Canada (ibid., § 296), Germany (ibid., § 297), Spain (ibid., §§ 300–301) and Yugoslavia (ibid., § 305) and the legislation of Yugoslavia (ibid., § 308).
