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the person abstains from anyhostile act and does not attempt
to escape.
(1) “Military necessity” means the necessity of employing
measures which are indispensable to achieve a legitimate aim
of the conflict and are not otherwise prohibited by International
Humanitarian Law.
(m) “Non-defended locality” means a locality that fulfills
the following conditions:
(1)all combatants, as well as mobile weapons and
mobile military equipment, must have been evacuated;
(2) no hostile use of fixed military installations or
establishments must have been made;
(3) no acts of hostility must have been committed by the
authorities or by the population; and
(4) no activities in support of military operations must
have been undertaken.
(n) “No quarter will be given” means refusing to spare
the life of anybody, even of persons manifestly unable to defend
themselves or who clearly express their intention to surrender.
(0) “Perfidy” means acts which invite the confidence of
an adversary to lead him/her to believe he/she 1s entitled to,
or is obliged to accord, -protection under the rules of
International Humanitarian Law, with the intent to betray
that confidence, including but not limited to:
(1) feigning an intent to negotiate under a flag of truce;
(2) feigning surrender;
(3) feigning incapacitation by wounds or sickness;
(4) feigning civilian or noncombatant status; and
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(5) feigning protective status by use of signs, emblems
or uniforms of the United Nations or of a neutral or other
State not party to the conflict.
(p) “Persecution” means the intentional and severe
deprivation of fundamental rights contrary to international law
by reason of identity of the group or collectivity.
(q) “Protected person” in an armed conflict means:
(1) a person wounded, sick or shipwrecked, whether
civilian or military;
(2) a prisoner of war or any person deprived of liberty
for reasons related to an armed conflict;
(3) a civilian or any person not taking a direct part or
having ceased to take part in the hostilities in the power of
the adverse party;
(4) a person who, before the beginning of hostilities, was
considered a stateless person or refugee under the relevant
international instruments accepted by the parties to the
conflict concerned or under the national legislation of the state
of refuge or state of residence;
(5) a member of the medical personnel assigned
exclusively to medical purposes or to the administration of
medical units or to the operation of or administration of
medical transports; or
(6) a memberof the religious personnel who is exclusively
engaged in the work of their ministry and attached to the
armed forces of a party to the conflict, its medica] units or
medical transports, or non-denominational, noncombatant
military personnel carrying out functions similar to religious
personnel.
‘
(r) “Superior” means:
(1) a military commanderor a person effectively acting
as a military commander;
or