Practice Relating to Rule 139. Respect for International Humanitarian Law
Brazil’s Military Strategic Planning System (2005) states:
The Military Strategic Planning System is conditioned by international documents ratified by Brazil, such as conventions, treaties, agreements, commitments and resolutions, whether multilateral or bilateral, in particular those related to weapons, security and defence matters, and sensitive technologies from the Armed Forces; [as well as] by the international laws of war [and] public international law.
Brazil’s Operations Manual for the Evacuation of Non-Combatants (2007) states:
The Joint Command and its subordinate commands shall be assisted by a Legal Adviser with regard to military matters and their consequences pursuant to the Law of Armed Conflict and to ensure that all [its] personnel comply with the provisions of the international conventions and agreements to which Brazil is a party, as well as with the provisions of the Rules of Engagement for Non-Combatant Evacuation Operations.
The Operations Manual also states:
1.2.1 Non-Combatant Evacuation Operations are conducted by the Ministry of Defence, upon request by the Ministry of Foreign Affairs, for the evacuation of non-combatants whose lives are in danger, from their host country to a safe place of destination …
3.4.1 Non-Combatant Evacuation Operations … may be triggered by sudden changes in the government of the host country, changes in its political or military orientation with regard to Brazil, or hostile threats to Brazilian citizens by internal or external forces in that country.
Annex A. Rules of Engagement and the Law of Armed Conflict
3. The Law of Armed Conflict
According to the policy of the Ministry of Defence, the principles of the Law of Armed Conflict regulate the actions taken by the Joint Command in the defence of its personnel, property and equipment.
Brazil’s Decree on the National Commission on IHL (2003) states:
The National Commission for the Dissemination and Implementation of International Humanitarian Law in Brazil is [hereby] established … [It has] the objective of proposing the necessary measures to be taken by the competent authorities for the implementation … of international humanitarian law in Brazil, notably the 1949 Geneva Conventions and the 1977 Additional Protocols … , as well as other instruments on the matter to which Brazil is a party.
In 2009, on the occasion of the 60th anniversary of the 1949 Geneva Conventions, Brazil’s Ministry of Foreign Relations stated:
Today, August 12, 2009, the 60th anniversary of the Geneva Conventions on International Humanitarian Law is celebrated. The Conventions, which are the main legal instrument in this area, lay down universal rules on the treatment of the wounded, prisoners of war and the protection of civilian persons. Brazil ratified the four Conventions in 1957.
On the occasion of the 60th Anniversary of the Conventions, the Brazilian Government reaffirms its commitment to upholding International Humanitarian Law.