Practice Related to Rule 95. Forced Labour
Spain’s LOAC Manual (2007) states:
The occupying power can compel adults to carry out work that is necessary to:
- meet the needs of the army of occupation;
- ensure public utility services;
- provide the population with food, shelter, clothing, transport and health care.
Working conditions should be, in principle, those established in the legislation in force in the occupied territory. So far as possible, people compelled to work should remain in their usual places of employment.
They may not be compelled to undertake any work which would involve them in military operations.
Spain’s LOAC Manual (2007) states: “It is prohibited to compel the inhabitants of an occupied territory to enlist
in the armed forces of the occupying power.”
(emphasis in original)
Spain’s Military Criminal Code (1985) punishes the compelling of prisoners of war and civilians to fight against their own forces.
Spain’s Penal Code (1995) provides for the punishment of anyone found guilty of “compelling a prisoner of war or a civilian person to serve, in whatever form, in the Armed Forces of the Adverse Party”.