Parlimentaire
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A parlimentaire or parlementaire is defined by the
U.S. Department of Defense The United States Department of Defense (DoD, USDOD, or DOD) is an executive department of the U.S. federal government charged with coordinating and supervising the six U.S. armed services: the Army, Navy, Marines, Air Force, Space Force, t ...
as "an agent employed by a commander of belligerent forces in the field to go in person within the enemy lines for the purpose of communicating or negotiating openly and directly with the enemy commander".Article title
/ref>


History

Even in war, the
belligerent A belligerent is an individual, group, country, or other entity that acts in a hostile manner, such as engaging in combat. The term comes from the Latin ''bellum gerere'' ("to wage war"). Unlike the use of ''belligerent'' as an adjective meanin ...
s sometimes need to communicate, or
negotiate Negotiation is a dialogue between two or more parties to resolve points of difference, gain an advantage for an individual or collective, or craft outcomes to satisfy various interests. The parties aspire to agree on matters of mutual inter ...
. In the
Middle Ages In the history of Europe, the Middle Ages or medieval period lasted approximately from the 5th to the late 15th centuries, similarly to the post-classical period of global history. It began with the fall of the Western Roman Empire and ...
,
herald A herald, or a herald of arms, is an officer of arms, ranking between pursuivant and king of arms. The title is commonly applied more broadly to all officers of arms. Heralds were originally messengers sent by monarchs or noblemen ...
s were used to deliver
declarations of war A declaration of war is a formal act by which one state (polity), state announces existing or impending war activity against another. The declaration is a performative speech act (or the public signing of a document) by an authorized party of a ...
and
ultimata An ; ; : ultimata or ultimatums) is a demand whose fulfillment is requested in a specified period of time and which is backed up by a threat to be followed through in case of noncompliance (open loop). An ultimatum is generally the final dema ...
as a form of one-sided communication. But for two-sided communication, agents were needed who could also negotiate. These usually operated under a
flag of truce White flags have had different meanings throughout history and depending on the locale. Contemporary use The white flag is an internationally recognized protective sign of truce or ceasefire and for negotiation. It is also used to symbolize ...
and enjoyed temporary inviolability according to the customs and
laws of war The law of war is a component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of hostilities (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, ...
. Breaches of the customary protection of parlimentaires were deemed
perfidy In the context of war, perfidy is a form of deceptive tactic where one side pretends to act in good faith, such as signaling a truce (e.g., raising a white flag), but does so with the deliberate intention of breaking that promise. The goal is t ...
.


International law

Later, these customs and protections were codified in
international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
. Articles 32-34 of the
Hague Conventions (1907) The Hague Conventions of 1899 and 1907 are a series of international treaties and declarations negotiated at two international peace conferences at The Hague in the Netherlands. Along with the Geneva Conventions, the Hague Conventions were amon ...
state: :Article 32 :''An individual is considered a parlementaire who is authorized by one of the belligerents to enter into communication with the other, and who carries a white flag. He has a right to inviolability, as well as the
trumpet The trumpet is a brass instrument commonly used in classical and jazz musical ensemble, ensembles. The trumpet group ranges from the piccolo trumpet—with the highest Register (music), register in the brass family—to the bass trumpet, pitche ...
er,
bugle The bugle is a simple signaling brass instrument with a wide conical bore. It normally has no valves or other pitch-altering devices, and is thus limited to its natural harmonic notes, and pitch is controlled entirely by varying the air a ...
r, or
drummer A drummer is a percussionist who creates music using drums. Most contemporary western music ensemble, bands that play Rock music, rock, Pop music, pop, jazz, or Contemporary R&B, R&B music include a drummer for purposes including timekeepi ...
, the
flag-bearer A standard-bearer, also known as a colour-bearer or flag-bearer, is a person who bears an emblem known as a standard or military colours, i.e. either a type of flag or an inflexible but mobile image, which is used (and often honoured) as a ...
, and the
interpreter Interpreting is translation from a spoken or signed language into another language, usually in real time to facilitate live communication. It is distinguished from the translation of a written text, which can be more deliberative and make use o ...
who may accompany him.'' :Article 33 :''The Chief to whom a flag of truce is sent is not obliged to receive it in all circumstances.'' :''He can take all steps necessary to prevent the envoy taking advantage of his mission to obtain information.'' :''In case of abuse, he has the right to detain the envoy temporarily.'' :Article 34 :''The envoy loses his rights of inviolability if it is proved beyond doubt that he has taken advantage of his privileged position to provoke or commit an act of treachery.'' Contraventions of these articles constitute
war crimes A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hos ...
that may be prosecuted before the
International Criminal Court The International Criminal Court (ICC) is an intergovernmental organization and International court, international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute ...
.


See also

*
Parley A parley (from – "to speak") is a discussion or conference, especially one designed to end an argument or hostilities between two groups of people. As a verb, the term can be used in both past and present tense; in present tense the term ...


References


Avalon Project at Yale Law School on The Laws of War
— Contains the full texts of both the 1899 and 1907 Hague conventions, among other treaties. * (2002) ''Elements of War Crimes Under the Rome Statute of the International Criminal Court. Sources and Commentary'', Cambridge University Press, {{ISBN, 0-521-81852-4 1907 in American law Law of war Human rights instruments