Practice Relating to Rule 68. Precautions while Receiving Parlementaires
Section B. Detention of parlementaires
Italy’s IHL Manual (1991) provides that, if information of a military character has unintentionally come to the knowledge of a parlementaire, he/she can be detained for the time the disclosure of information would be dangerous. Moreover: “The same measure applies to a parlementaire who, during his mission, has intentionally collected information.”
The manual also stresses that if parlementaires present themselves without an authorization in writing, the military authority can retain them by adopting the necessary security measures and request instructions to commanding superiors. These superiors have the possibility of retaining accredited parlementaires if they have other “equivalent” elements on which to rely.
Italy’s Law of War Decree (1938), as amended in 1992, states that a parlementaire may be temporarily detained if military information has unintentionally come to his/her knowledge.