Norma relacionada
Australia
Practice Relating to Rule 106. Conditions for Prisoner-of-War Status
Section B. Levée en masse
Australia’s Defence Force Manual (1994) provides:
Where the inhabitants of a country or territory spontaneously “take up arms” to resist an invader, LOAC recognises them as combatants provided they do so when there has not been time to form themselves into units and they respect LOAC. Individuals acting on their own are not entitled to combatant status nor the benefits or detriment flowing from that status.
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 514; see also Glossary, p. xxiv and Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 612.
Australia’s LOAC Manual (2006) defines “levée en masse” as follows:
Where the inhabitants of a country or territory spontaneously “take up arms” to resist an invader, the LOAC recognises them as combatants provided they do so when there has not been time to form themselves into units and they respect the LOAC. Individuals acting on their own are not entitled to combatant status nor the benefits or detriment flowing from that status.
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 5.14; see also Glossary, p. 3.
The manual further states:
Civilian residents of occupied territory who commit sabotage or espionage in that territory may be punished if captured. This does not apply to members of:
…
• a levee en masse while acting in those capacities.
These people are to be treated as PW [prisoners of war].
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, § 7.21; see also § 10.6.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
