Practice Relating to Rule 129. The Act of Displacement
Brazil’s Operations Manual for the Evacuation of Non-Combatants (2007) states:
1.2.1 Non-Combatant Evacuation Operations are conducted by the Ministry of Defence, upon request by the Ministry of Foreign Affairs for the evacuation of non-combatants whose lives are in danger, from their host country to a safe place of destination …
3.1.2 … [A] Non-Combatant Evacuation Operation shall aim to achieve the following objectives:
a) to provide security and welfare by carrying out an evacuation to a safe place of destination;
b) to reduce to a minimum the number of citizens whose lives are at risk or who may be taken as hostages; and
c) to reduce to a minimum the number of citizens [who are present] in current or probable areas of combat.
3.4.1 Non-Combatant Evacuation Operations … may be triggered by sudden changes in the government of the host country, changes in its political or military orientation with regard to Brazil, or hostile threats to Brazilian citizens by internal or external forces in that country.
7.4.1 In case the Ministry of Foreign Affairs does not state who is to be evacuated with priority, the Joint Command shall follow this guidance:
b) the table below sets out who shall be evacuated with priority.
I – Brazilian citizens.
II – Non-Brazilians who are close relatives of Brazilian citizens.
III – Non-Brazilians working for the Brazilian government.
IV – Non-Brazilians who are seriously sick or wounded, or whose lives are in imminent danger.
V – Others (as indicated by the Ambassador or the Commander of the Joint Command).
A – Pregnant women.
B – Unaccompanied children (under 12 years of age).
C – The elderly (over 65 years of age).
D – Adults with children.
E – Adolescents (from 12 to 17 years of age).
F – Adults.
7.5.1 The safe place of destination is the place designated by the Ministry of Foreign Affairs where the evacuated persons shall be taken by the end of the Non-Combatant Evacuation. It shall preferably be situated in Brazil.
The Operations Manual defines non-combatants as an “expression covering civilians and military [personnel], including non-essential military personnel, Brazilians, selected nationals of the host country and nationals of third countries who are to be evacuated in the execution of a Non-Combatant Evacuation.”
The Operations Manual also states: “According to the policy of the Ministry of Defence, the principles of the Law of Armed Conflict regulate the actions taken by the Joint Command in the defence of its personnel, property and equipment.”