Practice Relating to Rule 69. Loss of Inviolability of Parlementaires
According to Spain’s Field Regulations (1882), parlementaires lose their inviolability and may be subject to severe punishment if they are “caught while collecting information or notes; violating in any manner the laws and customs of war … instigating prisoners to revolt; or inducing in any manner the populations to rise against the occupation army”.
Spain’s LOAC Manual (1996) states:
The parlementaire loses his inviolability if it is proved in an incontestable manner that he has taken advantage of his privileged situation to provoke or commit acts of treason, such as:
– Acts of sabotage.
– Inducing enemy soldiers to collect intelligence.
– Instigating enemy soldiers to refuse to do their duty.
– Encouraging soldiers to desert.
– Influencing negatively their morale.
– Organizing espionage in enemy territory.
Spain’s LOAC Manual (2007) states:
[Parlementaires] lose their rights of inviolability if it is clearly and incontestably proved that they have taken advantage of their privileged position to provoke or commit an act of treason, such as:
- committing acts of sabotage;
- persuading enemy soldiers to provide information;
- inciting enemy soldiers not to fulfil their obligations;
- encouraging enemy soldiers to desert;
- undermining the morale of enemy soldiers;
- organizing espionage in enemy territory.
The manual further states that “parlementaires … who take a direct part in hostilities” are military objectives and can therefore be attacked.