Соответствующая норма
South Africa
Practice Relating to Rule 106. Conditions for Prisoner-of-War Status
Section B. Levée en masse
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’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).
South Africa’s LOAC Teaching Manual (2008) states:
1.5 Application of LOAC [law of armed conflict] during armed conflict []to the position of participants and non-participants
…
- Article 2 of the [1907] Hague [Regulations] creates an exception to the conditions mentioned in sub-sub paragraph [1 of Article 1 of the Regulations]. According to this article, persons will be regarded as belligerents even though they do not comply with the conditions, if[:]
- They are 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 and
- They carry arms openly and they respect the laws and customs of war.
- The abovementioned situation is generally referred to as a “levée en masse” (a mass and spontaneous uprising).
South Africa, Advanced Law of Armed Conflict Teaching Manual, School of Military Justice, 1 April 2008, as amended to 25 October 2013, Learning Unit 1, pp. 36–37.
