Practice Relating to Rule 106. Conditions for Prisoner-of-War Status
Section B. Levée en masse
The Russian Federation’s Military Manual (1990) provides that participants in a levée en masse
enjoy prisoner-of-war status upon capture provided they carry arms openly and respect IHL.
The Russian Federation’s Regulations on the Application of IHL (2001) states:
In addition [to captured combatants], the following persons captured by the enemy are also prisoners of war:
- inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the rules of international humanitarian law.