Practice Relating to Rule 106. Conditions for Prisoner-of-War Status

Hague Regulations (1899)
Article 2 of the 1899 Hague Regulations provides:
The population of a territory which has not been occupied who, on the enemy’s approach, spontaneously take up arms to resist the invading troops without having time to organize themselves in accordance with Article 1, shall be regarded as belligerents, if they respect the laws and customs of war. 
Regulations concerning the Laws and Customs of War on Land, annexed to Convention (II) with Respect to the Laws and Customs of War on Land, The Hague, 29 July 1899, Article 2.
Hague Regulations (1907)
Article 2 of the 1907 Hague Regulations provides:
The inhabitants of a territory which has not been occupied, who, on the approach of the enemy, spontaneously take up arms to resist the invading troops without having had time to organize themselves in accordance with Article 1, shall be regarded as belligerents if they carry arms openly and if they respect the laws and customs of war. 
Regulations concerning the Laws and Customs of War on Land, annexed to Convention (IV) respecting the Laws and Customs of War on Land, The Hague, 18 October 1907, Article 2.
Geneva Convention III
Article 4(A)(6) of the 1949 Geneva Convention III grants prisoner-of-war status to persons taking part in a levée en masse “provided they carry arms openly and respect the laws and customs of war”. 
Convention (III) relative to the Treatment of Prisoners of War, Geneva, 12 August 1949, Article 4(A)(6).
Lieber Code
The 1863 Lieber Code states:
51. If the people of that portion of an invaded country which is not yet occupied by the enemy, or of the whole country, at the approach of a hostile army, rise, under a duly authorized levy “en masse” to resist the invader, they are now treated as public enemies, and, if captured, are prisoners of war.
52. No belligerent has the right to declare that he will treat every captured man in arms of a levy “en masse” as a brigand or bandit.
If, however, the people of a country, or any portion of the same, already occupied by an army, rise against it, they are violators of the laws of war, and are not entitled to their protection. 
Instructions for the Government of Armies of the United States in the Field, prepared by Francis Lieber, promulgated as General Order No. 100 by President Abraham Lincoln, Washington D.C., 24 April 1863, Articles 51 and 52.
Brussels Declaration
Article 10 of the 1874 Brussels Declaration states:
The population of a territory which has not been occupied, who, on the approach of the enemy, spontaneously take up arms to resist the invading troops without having had time to organize themselves … shall be regarded as belligerents if they respect the laws and customs of war. 
Project of an International Declaration concerning the Laws and Customs of War, Brussels, 27 August 1874, Article 10.
Oxford Manual
Article 2 of the 1880 Oxford Manual states:
The armed force of a State includes … the inhabitants of non-occupied territory, who, on the approach of the enemy, take up arms spontaneously and openly to resist the invading troops, even if they have not had time to organize themselves. 
The Laws of War on Land, adopted by the Institute of International Law, Oxford, 9 September 1880, Article 2.
Argentina
Argentina’s Law of War Manual (1969) provides that participants in a levée en masse enjoy prisoner-of-war status upon capture provided they carry arms openly and respect the laws and customs of war. 
Argentina, Leyes de Guerra, RC-46-1, Público, II Edición 1969, Ejército Argentino, Edición original aprobado por el Comandante en Jefe del Ejército, 9 May 1967, § 2.002(6).
Australia
Australia’s Defence Force Manual (1994) provides:
Where the inhabitants of a country or territory spontaneously “take up arms” to resist an invader, LOAC recognises them as combatants provided they do so when there has not been time to form themselves into units and they respect LOAC. Individuals acting on their own are not entitled to combatant status nor the benefits or detriment flowing from that status. 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 514; see also Glossary, p. xxiv and Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 612.
Australia
Australia’s LOAC Manual (2006) defines “levée en masse” as follows:
Where the inhabitants of a country or territory spontaneously “take up arms” to resist an invader, the LOAC recognises them as combatants provided they do so when there has not been time to form themselves into units and they respect the LOAC. Individuals acting on their own are not entitled to combatant status nor the benefits or detriment flowing from that status. 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 5.14; see also Glossary, p. 3.
The manual further states:
Civilian residents of occupied territory who commit sabotage or espionage in that territory may be punished if captured. This does not apply to members of:
• a levee en masse while acting in those capacities.
These people are to be treated as PW [prisoners of war]. 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 7.21; see also § 10.6.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Belgium
Belgium’s Law of War Manual (1983) states:
The population of a non-occupied territory who spontaneously take up arms to resist the invading forces without having had time to form themselves into an organized resistance movement or to join the regular armed forces are considered combatants on the condition that this population:
a. respects the laws and customs of war;
b. carries arms openly. 
Belgium, Droit Pénal et Disciplinaire Militaire et Droit de la Guerre, Deuxième Partie, Droit de la Guerre, Ecole Royale Militaire, par J. Maes, Chargé de cours, Avocat-général près la Cour Militaire, D/1983/1187/029, 1983, p. 20.
Cameroon
Cameroon’s Instructor’s Manual (1992) states that participants in a levée en masse are recognized as combatants. 
Cameroon, Droit international humanitaire et droit de la guerre, Manuel de l’instructeur en vigueur dans les Forces Armées, Présidence de la République, Ministère de la Défense, Etat-major des Armées, Troisième Division, Edition 1992, p. 35; see also pp. 20 and 143.
Cameroon
Cameroon’s Instructor’s Manual (2006) states that “civilians who spontaneously take up arms in a levée en masse generally qualify as combatants”. 
Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 21, § 111; see also p. 41, § 211, p. 67, § 301, p. 111, § 381, p. 153, § 441 and p. 179, § 491.A.
The manual, under the heading “Prisoners of War”, also states:
People who, surprised by the enemy within a territory originally not occupied, [take up arms and] respect the law of armed conflict and international humanitarian law in the course of a levée en masse, may fall within this category. 
Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 94, § 352.28; see also p. 137, § 412.281.
Canada
Canada’s LOAC Manual (1999) provides:
As a general rule, civilians are considered non-combatants and cannot lawfully engage in hostilities. There is, however, an exception to this rule for inhabitants of a territory that has not been occupied by an enemy. Where they have not had time to form themselves into regular armed units, inhabitants of a non-occupied territory are lawful combatants if:
a. on the approach of the enemy they spontaneously take up arms to resist the invading forces;
b. they carry arms openly; and
c. they respect the LOAC.
This situation is referred to as a levée en masse. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 3-2, § 13.
Canada
Canada’s LOAC Manual (2001) states in its chapter entitled “Combatant Status”:
As a general rule, civilians are considered non-combatants and cannot lawfully engage in hostilities. There is, however, an exception to this rule for inhabitants of a territory that has not been occupied by an enemy. Where they have not had time to form themselves into regular armed units, inhabitants of a non-occupied territory are lawful combatants if:
a. on the approach of the enemy they spontaneously take up arms to resist the invading forces;
b. they carry arms openly; and
c. they respect the LOAC.
This situation is referred to as a “levée en masse. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 306.
In its chapter on the treatment of prisoners of war (PWs), the manual further states: “If captured and detained, the following persons are not entitled to PW status, but they must nevertheless be treated humanely: … a. civilians who take part in hostilities other than a levée en masse”. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1007.1.a.
(emphasis in original)
Canada
Canada’s Prisoner of War Handling and Detainees Manual (2004) states:
1. … The following personnel, immediately upon falling into the hands of a capturing force, acquire PW [prisoner-of-war] status and are protected by [the 1949 Geneva Convention III]:
f. Inhabitants of non-occupied territory who spontaneously take up arms on the approach of invading forces, without having had time to form themselves into regular armed units, provided that they carry arms openly and respect the laws of war. 
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, § 109.1.g.
Chad
Chad’s Instructor’s Manual (2006) states:
The inhabitants of an unoccupied territory who, as the enemy approaches, spontaneously take up arms en masse to combat the invading troops without having had the time to form regular armed forces will be considered to be combatants
(a) if they carry weapons openly;
(b) if they respect the law of war. 
Chad, Droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces armées et de sécurité, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 55.
Germany
Germany’s Military Manual (1992) provides that members of a levée en masse “shall be combatants. They shall carry arms openly and respect the laws and customs of war in their military operations.” 
Germany, Humanitarian Law in Armed Conflicts – Manual, DSK VV207320067, edited by The Federal Ministry of Defence of the Federal Republic of Germany, VR II 3, August 1992, English translation of ZDv 15/2, Humanitäres Völkerrecht in bewaffneten KonfliktenHandbuch, August 1992, § 310.
Italy
Italy’s IHL Manual (1991) states that participants in a levée en masse are considered combatants provided they “carry arms openly and respect the laws and customs of war”. 
Italy, Manuale di diritto umanitario, Introduzione e Volume I, Usi e convenzioni di Guerra, SMD-G-014, Stato Maggiore della Difesa, I Reparto, Ufficio Addestramento e Regolamenti, Rome, 1991, Vol. I, § 4(c).
Kenya
Kenya’s LOAC Manual (1997) states that: “Participants in a levée en masse … are considered as combatants if: (a) they carry their arms openly [and] (b) they comply with the law of armed conflict.” 
Kenya, Law of Armed Conflict, Military Basic Course (ORS), 4 Précis, The School of Military Police, 1997, Précis No. 2, p. 8.
Madagascar
Madagascar’s Military Manual (1994) states that: “Participants in a levée en masse are considered as combatants if they carry arms openly and respect the law of war.” 
Madagascar, Le Droit des Conflits Armés, Ministère des Forces Armées, August 1994, Fiche No. 2-SO, § A.
Mexico
Mexico’s Army and Air Force Manual (2009), in a section on prisoner-of-war status under the 1949 Geneva Convention III, states:
Prisoner-of-war status or treatment also covers various categories of people who do not come under the definition of combatant, but are entitled to prisoner-of-war status:
A. those taking part in a levée en masse, that is, the inhabitants of an unoccupied territory who spontaneously take up arms, on the approach of the enemy, to resist the invading forces, without having had time to form themselves into regular armed units, provided that they carry arms openly and respect the laws and customs of war. 
Mexico, Manual de Derecho Internacional Humanitario para el Ejército y la Fuerza Área Mexicanos, Ministry of National Defence, June 2009, § 145(A).
Mexico
Mexico’s IHL Guidelines (2009) states:
The inhabitants of a non-occupied territory who have spontaneously taken up arms, on the approach of the enemy, to resist invading forces, without having had time to form themselves into regular armed units are considered combatants, provided that they carry their arms openly and respect the law of armed conflict. 
Mexico, Cartilla de Derecho Internacional Humanitario, Ministry of National Defence, 2009, § 3.
Netherlands
The Military Manual (1993) of the Netherlands states that participants in a levée en masse are considered as combatants if “they carry arms openly and comply with the humanitarian law of war”. 
Netherlands, Toepassing Humanitair Oorlogsrecht, Voorschift No. 27-412/1, Koninklijke Landmacht, Ministerie van Defensie, 1993, pp. III-1 and III-2.
Netherlands
The Military Manual (2005) of the Netherlands states that combatants include: “the population of an unoccupied area which spontaneously takes up arms when the enemy approaches, to repel the invading troops. This is called a mass uprising. The requirement is that they openly bear arms and obey the rules of the humanitarian law of war.” 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 0304.
New Zealand
New Zealand’s Military Manual (1992) states:
Civilians who take up arms on the approach of an enemy to resist the invasion of their State constitute a levée en masse and are regarded as combatants so long as they carry their arms openly and respect the laws and customs of war … They are not entitled to such treatment if they take up arms after their territory has been occupied, unless they are so organised as to constitute a resistance movement. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, §§ 803(2) and 806(4).
Nigeria
According to Nigeria’s Manual on the Laws of War, “inhabitants of a territory not under occupation, who on the approach of the enemy take up arms to resist the invading forces without having had time to form themselves into regular armed units,” have the right to prisoner-of-war status, “provided they carry arms openly and respect the Laws of War”. 
Nigeria, The Laws of War, by Lt. Col. L. Ode PSC, Nigerian Army, Lagos, undated, § 33(f).
Peru
Peru’s IHL Manual (2004) defines the term “levée en masse” as:
The term applied to the inhabitants of a territory which has not been occupied, who on the approach of the enemy spontaneously take up arms to resist the invading troops without having had time to organize themselves into regular armed forces. They must be regarded as combatants if they carry arms openly and respect the laws and customs of armed conflict. 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, Annex 9, Glossary of Terms.
The manual further states: “The definition [of prisoner of war] is extended to include other categories, such as civilians who spontaneously take up arms to combat the enemy.” 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 33.a.(2).
Peru
Peru’s IHL and Human Rights Manual (2010) defines the term “levée en masse” in its Glossary of Terms as:
The term applied to the inhabitants of a territory which has not been occupied, who on the approach of the enemy spontaneously take up arms to resist the invading troops without having had time to organize themselves into regular armed forces. They must be regarded as combatants if they carry arms openly and respect the laws and customs of armed conflict. 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, p. 408; see also § 35(b)(5), p. 253.
Poland
Poland’s Prisoner of War Handling Procedures (2009) states in the section on definitions:
Prisoner of war
A person captured by the opposing side and belonging to one of the following categories:
6. Inhabitants of 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 regular armed units, provided they carry arms openly and respect the law and customs of war. 
Poland, Norma Obronna NO-02-A020:2000, Procedury postępowania z jeńcami wojennymi, enacted by decision No. 134/MON related to the Approval and Enforcement of Regulatory Instruments in Respect of State Defence and Security, 21 April 2009, published in the Official Gazette of the Ministry of National Defence, No. 8, Item 99, April 2009, Section 1.3.1.
Russian Federation
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. 
Russian Federation, Instructions on the Application of the Rules of International Humanitarian Law by the Armed Forces of the USSR, Appendix to Order of the USSR Defence Minister No. 75, 1990, § 13.
Russian Federation
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. 
Russian Federation, Regulations on the Application of International Humanitarian Law by the Armed Forces of the Russian Federation, Ministry of Defence of the Russian Federation, Moscow, 8 August 2001, § 1.
South Africa
South Africa’s LOAC Manual (1996) states that participants in a levée en masse are considered combatants “if they carry arms openly and respect the law of war”. 
South Africa, Presentation on the South African Approach to International Humanitarian Law, Appendix A, Chapter 4: International Humanitarian Law (The Law of Armed Conflict), National Defence Force, 1996, § 24(b). This manual is also included in Chapter 4 of the Draft Civic Education Manual of 1997.
South Africa
South Africa’s Revised Civic Education Manual (2004) states:
Participants in a “Levee en Masse”. Inhabitants of a non-occupied territory who, on the approach of the enemy, spontaneously and in mass take up arms to resist the invading forces, without having had time to organise themselves into armed units, are considered combatants if they carry their arms openly and respect the laws of war. 
South Africa, Revised Civic Education Manual, South African National Defence Force, 2004, Chapter 4, § 47(b).
Spain
Spain’s LOAC Manual (1996) considers the population of a territory that spontaneously takes up arms against an invading army to be combatants, provided they are part of an organized force, commanded by a person responsible for the conduct of his or her subordinates, subject to an internal disciplinary system, and comply with the law of war. 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Publicación OR7-004, 2 Tomos, aprobado por el Estado Mayor del Ejército, Division de Operaciones, 18 March 1996, Vol. I, § 1.3.a.(1).
Spain
Spain’s LOAC Manual (2007) states that “inhabitants of a territory who spontaneously take up arms to resist invading forces” are lawful combatants. [Such inhabitants] “must also fulfil the following collective requirements to be considered lawful combatants”:
- organized forces;
- under a command responsible for the conduct of its subordinates;
- internal disciplinary system;
- compliance with the law of armed conflict. 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, § 1.3.a.(1).
The manual further states: “The civilian population has the right to spontaneously take up arms to resist the invading forces, provided that they carry arms openly and respect the law of armed conflict.” 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, § 2.7.a.(1).
Switzerland
Switzerland’s Basic Military Manual (1987) states: “The civilian population does not have the right to take up arms except in the case of a levée en masse to resist an invader.” 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 26(3).
The manual further states:
The civilian population of a non-occupied territory which, en masse, takes up arms spontaneously at the approach of the enemy is entitled to commit acts of war, even if this population did not have time to organize itself, provided arms are carried openly and the laws and customs of war are respected.  
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 65.
Ukraine
Ukraine’s IHL Manual (2004) states that prisoner-of-war status is provided to, among others:
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). 
Ukraine, Manual on the Application of IHL Rules, Ministry of Defence, 11 September 2004, § 1.2.31.
United Kingdom of Great Britain and Northern Ireland
The UK Military Manual (1958) considers that participants in a levée en masse
are recognised as being entitled to the privileges of belligerent forces if they fulfil the last two conditions laid down for irregulars, namely, if they carry arms openly and conduct their operations in accordance with the laws and customs of war. They are exempt from the obligations of being under the command of a responsible commander and wearing a distinctive sign. The inhabitants of a territory already invaded by the enemy who rise in arms do not enjoy the privileges of belligerent forces and are not entitled to be treated as prisoners of war, unless they are members of organised resistance movements fulfilling the conditions set out in the P.O.W. Convention, Art. 4A(2). 
United Kingdom, The Law of War on Land being Part III of the Manual of Military Law, The War Office, HMSO, 1958, § 97; see also The Law of Armed Conflict, D/DAT/13/35/66, Army Code 71130 (Revised 1981), Ministry of Defence, prepared under the Direction of The Chief of the General Staff, 1981, Section 3, pp. 8–9, § 1(c).
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Manual (2004) states:
A levée en masse occurs where the “inhabitants of a territory not under occupation … on the approach of the enemy, spontaneously take up arms to resist the invading troops without having had time to organize themselves …” These inhabitants are treated as combatants provided that they carry arms openly and respect the laws and customs of war. 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 4.8.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Manual (2004), as amended in 2010, states that “when they [members of the civilian population] take part in the exceptional circumstances of a levée en masse, they … lose their civilian status, become combatants and are entitled to prisoner of war status.” 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, as amended by Amendment 3, Ministry of Defence, September 2010, § 4.2.2.
United States of America
The US Air Force Pamphlet (1976) provides:
A levée en masse need not be organized, under command, or wear a distinctive sign. However, members must carry arms openly and comply with the law of armed conflict. To be a lawful levée en masse, it must be a spontaneous response by inhabitants of a territory not under occupation to an invading force. Spontaneity requires that there be no time to organize into regular armed forces. 
United States, Air Force Pamphlet 110-31, International Law – The Conduct of Armed Conflict and Air Operations, US Department of the Air Force, 1976, § 3-2(b)(5); see also Field Manual 27-10, The Law of Land Warfare, US Department of the Army, 18 July 1956, as modified by Change No. 1, 15 July 1976, § 65.
United States of America
The US Naval Handbook (2007) states:
Lawful combatants … include civilians who take part in a levee en masse. A levee en masse is a spontaneous uprising by the citizens of a nonoccupied territory who take up arms to resist an invading force without having time to form themselves into regular armed units. Combatant immunity for a levee en masse ends once the invading forces have occupied the territory. 
United States, The Commander’s Handbook on the Law of Naval Operations, NWP 1-14M/MCWP 5-12.1/COMDTPUB P5800.7, issued by the Department of the Navy, Office of the Chief of Naval Operations and Headquarters, US Marine Corps, and Department of Homeland Security, US Coast Guard, July 2007, § 5.4.1.1.
Yugoslavia, Socialist Federal Republic of
The Military Manual (1988) of the Socialist Federal Republic of Yugoslavia states that participants in a levée en masse are considered members of the armed forces if they carry arms openly and respect the law of war. 
Yugoslavia, Socialist Federal Republic of, Propisi o Primeri Pravila Medjunarodnog Ratnog Prava u Oruzanim Snagama SFRJ, PrU-2, Savezni Sekretarijat za Narodnu Odbranu (Pravna Uprava), 1988, § 48(3).
Denmark
Denmark’s Military Criminal Code (1973), as amended in 1978, provides:
Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i.e. a fine, lenient imprisonment or up to 12 years’ imprisonment]. 
Denmark, Military Criminal Code, 1973, as amended in 1978, § 25(1).
Denmark’s Military Criminal Code (2005) provides:
Any person who deliberately uses war means [“krigsmiddel”] or procedures the application of which violates an international agreement entered into by Denmark or international customary law, shall be liable to the same penalty [i.e. imprisonment up to life imprisonment]. 
Denmark, Military Criminal Code, 2005, § 36(2).
No data.
Belgium
In 1991, a Belgian parliamentary report considered that in the case of a levée en masse, actions in defence of the territory are permitted and justified by law even if they are not ordered by a proper authority. 
Belgium, Senate, Report, Enquête parlementaire sur l’existence en Belgique d’un réseau de renseignements clandestin international, 1990–1991 Session, Doc. 1117-4, 1 October 1991, § 24.
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International Criminal Tribunal for the former Yugoslavia
In the Orić case before the ICTY in 2005, the accused, appointed as commander of the Srebrenica Territorial Defence (TO) Headquarters in 1992, was charged with several counts of violations of the laws or customs of war (murder, cruel treatment, wanton destruction of cities, towns or villages not justified by military necessity), punishable under Article 3 of the 1993 ICTY Statute, for his alleged role in events occurring in the Srebrenica enclave in 1992–1993. 
ICTY, Orić case, Third Amended Indictment, 30 June 2005, Counts 1–3 and 5.
In its judgment in 2006, the ICTY Trial Chamber, analysing the character of the Bosnian Muslim Forces in the Srebrenica area in and around 1992, stated:
133. The definition of a levée en masse is well settled in international law. Article 2 of the 1907 Hague Regulations provides that
[t]he inhabitants of a territory which has not been occupied, who, on the approach of the enemy, spontaneously take up arms to resist the invading troops, without having had time to organise themselves in accordance with Article 1, shall be regarded as belligerents if they carry arms openly and if they respect the laws and customs of war.
Article 1 of the 1907 Hague Regulations requires such belligerents
1. to be commanded by a person responsible for his subordinates;
2. to have a fixed distinctive emblem recognisable at a distance;
3. to carry arms openly; and
4. to conduct their operations in accordance with the laws and customs of war.
135. From its inception, the ABiH [Army of Bosnia and Herzegovina] sought to provide its members with means of identification such as uniforms, badges and insignia. In the Srebrenica area, however, with the exception of the members of the 16th East Bosnian Muslim Brigade …, very few individuals possessed a complete uniform in 1992 and 1993. Before and after the arrival of this brigade in the area in early August 1992, most Bosnian Muslim fighters wore makeshift or parts of JNA [Yugoslav People’s Army] uniforms. To make up for the lack of adequate clothing, civilians also sometimes wore parts of uniforms. There is evidence indicating that during some attacks, fighters wore coloured ribbons around their heads or arms for identification purposes amongst themselves. Apart from these disparate uniforms and ribbons, fighters did not wear fixed distinctive emblems recognisable at a distance.
136. The Trial Chamber comes to the conclusion that while the situation in Srebrenica may be characterised as a levée en masse at the time of the Serb takeover and immediately thereafter in April and early May 1992, the concept by definition excludes its application to long-term situations. Given the circumstances in the present case, the Trial Chamber does not find the term levée en masse to be an appropriate characterisation of the organisational level of the Bosnian Muslim forces at the time and place relevant to the Indictment. 
ICTY, Orić case, Judgment, 30 June 2006, §§ 133 and 135–136.
The Trial Chamber found the accused guilty of the failure to discharge his duty as a superior to prevent the occurrence of murder and cruel treatment from 27 December 1992 to 20 March 1993. He was sentenced to two years’ imprisonment. 
ICTY, Orić case, Judgment, 30 June 2006, §§ 578, 782, X. Disposition.
ICRC
To fulfil its task of disseminating IHL, the ICRC has delegates around the world teaching armed and security forces that:
Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously and in mass take up arms to resist the invading forces, without having had time to form themselves into organized armed units, provided they carry arms openly and respect the law of war, are considered as combatants. 
Frédéric de Mulinen, Handbook on the Law of War for Armed Forces, ICRC, Geneva, 1987, § 50.
No data.