Australia
Practice relating to Rule 66. Non-Hostile Contacts between the Parties to the Conflict
In 2009, in a ministerial statement before the House of Representatives on the situation in Sri Lanka, Australia’s Minister for Foreign Affairs stated: “Australia calls on the Sri Lankan government and the Liberation Tigers of Tamil Eelam (LTTE) to declare a temporary no-fire period to allow for the evacuation of civilians.”
Australia’s Commanders’ Guide (1994) states: “It is important to note that a white flag represents an expression of a desire to negotiate; it is not necessarily an indication of intent to surrender or enter into a cease-fire.”
Australia’s Defence Force Manual (1994) notes:
Customary international law recognises the white flag as symbolising a request to cease-fire, negotiate, or surrender. An adversary displaying a white flag should be permitted the opportunity to surrender, or to communicate a request for cease-fire or negotiation.
Australia’s LOAC Manual (2006) states:
International law recognises the white flag as symbolising a request to cease-fire, negotiate, or surrender. An adversary displaying a white flag should be permitted the opportunity to communicate a willingness to surrender, or to communicate a request for cease-fire or negotiation.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).