Practice Relating to Rule 129. The Act of Displacement
Section B. Evacuation of the civilian population
Australia’s Commanders’ Guide (1994) provides: “Belligerents shall endeavour to conclude local arrangements for the removal from besieged or encircled areas of wounded, sick, infirm and aged persons … and maternity cases.”
Australia’s LOAC Manual (2006) states that, in the context of siege warfare:
The opposing parties are required to try and conclude local agreements for the removal from besieged or encircled areas of wounded, sick, infirm and aged persons, children and maternity cases, and for the passage of ministers of all religions, medical personnel and medical equipment on their way to such areas.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Australia’s ICC (Consequential Amendments) Act (2002) incorporates in the Criminal Code the war crimes defined in the 1998 ICC Statute, including ordering the “displacement of a civilian population” in non-international armed conflicts, if “the order is not justified by the security of the civilians involved or by imperative military necessity”.