soc.history.war.world-war-ii

Louis C wrote:

-snip-

>>If he is not (yet) taken prisoner, what status will a civilian have if he
>>kills the downed airman?

> A murderer, except in self-defense.

Would not this siutation fall into the Article II exception in the Hague
Convention (Hague IV)?

"The 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, shall be regarded as belligerents if they carry arms openly
and if they respect the laws and customs of war."

Under that provision, they would be every bit as authorized to use force
against enemy personnel, including shooting the poor bloke, as would a
regular uniformed military combatant.

In any event, civilians would certainly have the right to attempt to
capture a downed airman and, if he resists or attempts to flee, would
have the right to use force, including deadly force, to apprehend him or
to prevent his escape.

At the minimum, it would seem that "official" civilians (police, civil
defense personnel, forest rangers, etc.) would have that right.

Certainly, the airman doesn't have the right to wander over the
landscape unmolested until such time as actual uniformed military
personnel can respond.


Cheers,