Related Rule
Sweden
Practice Relating to Rule 36. Demilitarized Zones
Sweden’s IHL Manual (1991) refers to Article 60 of the 1977 Additional Protocol I as embodying “new provisions” on demilitarized zones. It stresses that, unlike non-defended localities, demilitarized zones cannot be established merely through a unilateral declaration; an agreement between the parties, made either before or during a conflict, is necessary. The manual adds:
Article 60 does not only imply prohibition of the setting-up of fixed defence establishments within [a demilitarized area] … [I]t is also prohibited to undertake military operations within the zone – always provided that the parties do not decide otherwise. A demilitarised zone shall not be open to occupation by the adversary, as in the case with non-defended localities.
The manual recalls that “the conditions required for a [demilitarized] area are the same as for non-defended localities”, with the only difference that the condition relating to activity supporting military operations “has been extended to apply to any activity connected with the military”.
Sweden, International Humanitarian Law in Armed Conflict, with reference to the Swedish Total Defence System, Swedish Ministry of Defence, January 1991, Section 3.4.3, pp. 87–88.
