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Safe conduct, safe passage, or letters of transit, is the situation in time of international conflict or war where one state, a party to such conflict, issues to a person (usually an enemy state's subject) a pass or document to allow the
''Documents and Records illustrating the history of Scotland, and the transactions between the Crowns of Scotland and England'', vol. 1, (1837)
p. cxcv, citing Bishop Stapleton's Kalendar of Treasury documents preserved in London, 1323
Palgrave, Francis, ed., ''Antient Kalendars and Inventories of the Treasury of His Majesty's Exchequer: Bishop Stapleton's calendar'', vol. 2 (1836)
p. 134, item 46. Another example of safe conduct in the 20th century was
Safe conduct, safe passage, or letters of transit, is the situation in time of international conflict or war where one state, a party to such conflict, issues to a person (usually an enemy state's subject) a pass or document to allow the enemy alien
In customary international law, an enemy alien is any native, citizen, denizen or subject of any foreign nation or government with which a domestic nation or government is in conflict and who is liable to be apprehended, restrained, secured and ...
to traverse its territory without harassment, bodily harm, or fear of death. Safe conduct is only granted in exceptional circumstances. It may be given to an enemy to allow retreat under surrender
Surrender may refer to:
* Surrender (law), the early relinquishment of a tenancy
* Surrender (military), the relinquishment of territory, combatants, facilities, or armaments to another power
Film and television
* ''Surrender'' (1927 film), an ...
terms, or for a meeting to negotiate; to a stateless person
Stateless may refer to:
Society
* Anarchism, a political philosophy opposed to the institution of the state
* Stateless communism, which Karl Marx predicted would be the final phase of communism
* Stateless nation, a group of people without ...
; or to somebody who for some reason would normally not be able to pass. A vanquished enemy can also be given, or offered quarter, i.e. be spared, be promised or guaranteed mercy.
The term 'safe conduct' is also used to mean the document authorizing this security.
In Islamic law, safe conduct or pledge of safety ('' amān'') can be granted to foreigners or dhimmi
' ( ar, ذمي ', , collectively ''/'' "the people of the covenant") or () is a historical term for non-Muslims living in an Islamic state with legal protection. The word literally means "protected person", referring to the state's obligatio ...
residents (''musta'min
Mustaʾmīn or Musta'man ( ar, مستأمن) is a historical Islamic term for a non-Muslim foreigner temporarily residing in Muslim lands with and ''aman'' or guarantee of short-term safe-conduct ('' aman mu'aqqat'') affording the protected status ...
'') while they travel or reside in Islamic-ruled lands.
In the early Middle Ages, during some periods of Islamic control of the Holy Land
The Holy Land; Arabic: or is an area roughly located between the Mediterranean Sea and the Eastern Bank of the Jordan River, traditionally synonymous both with the biblical Land of Israel and with the region of Palestine. The term "Holy ...
, Christian pilgrims could request letters of safe conduct from a Muslim ruler allowing them to pass through their lands to Jerusalem
Jerusalem (; he, יְרוּשָׁלַיִם ; ar, القُدس ) (combining the Biblical and common usage Arabic names); grc, Ἱερουσαλήμ/Ἰεροσόλυμα, Hierousalḗm/Hierosóluma; hy, Երուսաղեմ, Erusałēm. i ...
. An example of safe conduct in the 13th century was William Wallace
Sir William Wallace ( gd, Uilleam Uallas, ; Norman French: ; 23 August 1305) was a Scottish knight who became one of the main leaders during the First War of Scottish Independence.
Along with Andrew Moray, Wallace defeated an English army a ...
's possession of letters of safe conduct, which was granted to him and his army by a number of parties during the Wars of Scottish Independence
The Wars of Scottish Independence were a series of military campaigns fought between the Kingdom of Scotland and the Kingdom of England in the late 13th and early 14th centuries.
The First War (1296–1328) began with the English invasion of ...
.Barrow, G.W., ''Robert Bruce and the Community of the Realm of Scotland'', EUP (2005), 452 n. 48: Palgrave, Francis, ed.''Documents and Records illustrating the history of Scotland, and the transactions between the Crowns of Scotland and England'', vol. 1, (1837)
p. cxcv, citing Bishop Stapleton's Kalendar of Treasury documents preserved in London, 1323
Palgrave, Francis, ed., ''Antient Kalendars and Inventories of the Treasury of His Majesty's Exchequer: Bishop Stapleton's calendar'', vol. 2 (1836)
p. 134, item 46. Another example of safe conduct in the 20th century was
Lenin
Vladimir Ilyich Ulyanov. ( 1870 – 21 January 1924), better known as Vladimir Lenin,. was a Russian revolutionary, politician, and political theorist. He served as the first and founding head of government of Soviet Russia from 1917 to 19 ...
's "sealed train
A sealed train is one that travels internationally under customs and/or immigration seal, without its contents legally recognized as entering or leaving the nations traversed between the beginning and end of the journey or subject to any otherwis ...
": a citizen
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection".
Each state determines the conditions under which it will recognize persons as its citizens, and ...
of Russia
Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...
, a country at war with Germany
Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
, Lenin was permitted to travel from his exile in Switzerland
). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
through Germany, without stopping, to return to Russia. It was in Germany's interest to allow this, for it was hoped that he would destabilize Russia. Another example would be the Chieu Hoi
The Chiêu Hồi program ( (also spelled "chu hoi" or "chu-hoi" in English) loosely translated as "Open Arms") was an initiative by the U.S - Republic of Vietnam to encourage defection by the People's Army of Vietnam (PAVN) and Viet Cong (VC) and t ...
program during the Vietnam War
The Vietnam War (also known by #Names, other names) was a conflict in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. It was the second of the Indochina Wars and was officially fought between North Vie ...
.
References
Law of war {{International-law-stub