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XII - Non-Hostile Relations Between Belligerents

12.4 THE WHITE FLAG OF TRUCE TO INITIATE NEGOTIATIONS

In the past, the normal means of initiating negotiations between belligerents has been the display of the white flag of truce.

12.4.1 Meaning of the White Flag—a Desire to Communicate.
As a legal matter, the white flag, when used by military forces, indicates a desire to communicate with the enemy. The hoisting of a white flag has no other legal meaning in the law of war.

12.7 CARTELS

In its narrower sense, a cartel is an agreement entered into by opposing belligerents for the exchange of POWs. In its broader sense, it is any convention concluded between belligerents for the purpose of arranging or regulating certain kinds of non-hostile intercourse that would otherwise be prohibited by reason of the existence of the armed conflict (e.g., postal communication or trade in certain goods or commodities).

12.8 CAPITULATIONS – NEGOTIATED INSTRUMENTS OF SURRENDER

12.8.1 Definition of Capitulation.
A capitulation is an agreement (sometimes with certain conditions) entered into between commanders of belligerent forces for the surrender of a body of forces, a fortress, or other defended locality, or of a district of the theater of operations.

Last modified: 05 July 2024