which of the following have specific protections under loac?

The United Nations should not accept caveats [restrictions and bans on the use of force within the Rules of Engagement of national military contingents], because they weaken integration and mutual protection within missions. [85], Calling for better UN leadership, better pre-deployment training, better equipment in the field and most importantly of all an increased willingness to fight among UN contingents and personnel the report boldly declared, as it did in its own title, that quite simply: We need to change the way that we do business. [86], UN troops deployed to UN security operations in conflict zones have a responsibility to act and react robustly against hostile threats and actions from armed groups, by using lethal force to protect civilians in their care and under their protection, both at their own UN civilian camps/compounds and in regions under UN command in operational theatres.[87]. Accordingly, the application of the nationality requirement should not solely be based on the legal and formal criteria set up by domestic law. Representatives of protecting powers and of the ICRC are authorized to visit any place where protected persons are located (GCIV Art. [88] Derbyshire, 149.335 NZDF Code of Conduct Card, in Section Two: Basic Principles of LOAC, NZDF Code of Conduct and Command Responsibility, 149.335 Law of Armed Conflict, op. }U'xmky?g~Gfha+"9.n+2iw+9#sYdI,B@|,j [18] Derbyshire, Section Seven: Civilians and Other Persons Specially Protected by the LOAC, 149.335 Law of Armed Conflict, ibid., p. 2. It is a branch of international law that seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities and by restricting and regulating the means and methods of warfare available to combatants. [54]. cit. (See UN Charter, Chapter VII, Articles 41-42, 43 & 45) [108], More recently, another UN report released in January 2018, and prepared on request of the UN Secretary-General Antonio Guterres, revealed that between the years 2011-2017 there was a pronounced unwillingness to use force among UN forces on UN operations. They also benefit from the fundamental guarantees protected by the conventions (GCIIV Common Art. [4], All orders from superior military officers either to commit or to allow Genocide and/or Crimes against Civilian Humanity are manifestly unlawful and must never be obeyed. 4). The Handbook of Humanitarian Law in Armed Conflicts . In not or who are no longer participating in hostilities and it restricts the means and methods of warfare. It is a serious breach of the laws of war when soldiers use these signs to protect or hide military activities. 0000007762 00000 n `z[_pX -@ [11], Sniper Alley: Unarmed and defenceless civilians seeking to buy food in the city run for their lives to escape deadly sniper fire from entrenched Bosnian Serb forces during the Siege of Sarajevo. Well-known examples of such rules include the prohibition on attacking doctors or ambulances displaying a red cross. [21], Women and children within the civilian population have additional special protection, over and above other rights and protections that civilians are entitled to generally under the LOAC. 0000091877 00000 n UN personnel can also benefit from specific provisions of humanitarian law. [102] B. Waterfield, Commander of UN forces aware Srebrenica massacre was about to happen, The Telegraph, 8 November 2011, https://www.telegraph.co.uk/news/worldnews/europe/serbia/8877056/Commander-of-UN-forces-aware-Srebrenica-massacre-was-about-to-happen.html, (accessed 25 April 2018). ZZJ+!%Q@+h 0000007031 00000 n By definition, such orders against the laws of war constitute a war crime. ; and Ratko Mladic Conviction Caps Decades of Grief Over Srebrenica Massacre [photo slideshow], op. 0000092535 00000 n 14, 21. 0000087226 00000 n The purpose was to make sure these categories fit with the development and variety of the situations at stake and the modern forms of conflictsin particular regarding ethnic types of conflicts. For Additional Information: Blondel, Jean-Luc. As stated previously with regard to civilians generally, Likewise, any child under the age of 18, who is taking a. endobj Events like these have led one former UN commander to state that: There needs to be more effort placed on ensuring urgency in political processes. As a Medical Personnel member, you should not actively engage in combat and only act strictly in self-defense. All non-combatant civilians have protected person status, entitling them to fundamental guarantees of humane treatment, and may not be deliberately targeted or attacked militarily under any circumstances. Geneva, 6 July 1906", "1949 Geneva Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field", "Cited in an article in The Guardian newspaper", "Overview of international humanitarian law", "International Legal Framework for Humanitarian Action", Treaties, States Parties and Commentaries, Geneva Academy of International Humanitarian Law and Human Rights, Research Guide: International Humanitarian Law, https://en.wikipedia.org/w/index.php?title=International_humanitarian_law&oldid=1146129178, The law of The Hague, referred to in the past as the law of war proper; and. [3] J. Derbyshire (MAJ, New Zealand Defence Force (NZDF)), 149.335 Material Field of Application in Section Four: When and to Whom Does LOAC Apply, p. 15, and 149.335 Prevention and punishment of breaches of LOAC in Section Twelve: International Criminal Court and Enforcement, p. 13., 149.335 Law of Armed Conflict, Centre for Defence Studies, Massey University College of Humanities and Social Sciences, Palmerston North, New Zealand, 2008. Application of basic LOAC principles. His reports were so shocking that they led to the founding of the International Committee of the Red Cross (ICRC) in 1863, and the convening of a conference in Geneva in 1864, which drew up the Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field.[24]. There are areas in which legal norms and cultural practices clash. On Japan: [Meanwhile] Japan could console herself with the fact that the downfall of Germany and Russia had, for a time, raised her to the third place among the worlds naval Powers, and certainly to the highest rankShe watched with attentive eye the two leading naval Powers [Britain and the United States] cutting each other down [by their belief in mutual disarmament for the war victors as well as the vanquished] far below what their resources would have permitted and what their responsibilities enjoined. 0000087382 00000 n As outlined in #24 Laws of War Brief (Part 1): The Law of Armed Conflict and Customary International Law, the LOAC is comprised of international laws such as the Geneva Conventions, which, once ratified by individual Nation States, proscribe powerful and unequivocal obligations and duties on all individual members of the Nation States armed forces during any and every military conflict. 10-11, 149.335 Law of Armed Conflict, op. <> International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war (jus in bello). [83] According to Brazilian Lieutenant General Alberto dos Santos Cruz, the leading investigator and author of the report with experience commanding UN forces in the Congo and Haiti, this increase is not simply a spike in UN numbers, but rather a rise to a continuing plateau marking a dangerous new reality for UN personnel participating in UN operations. There are also other customary unwritten rules of war, many of which were explored at the Nuremberg trials. Indeed, under the LOAC all Parties to a conflict and their forces. When three or four powerful Governments acting together have demanded the most fearful sacrifices from their peoples, when these have been given freely for the common cause, and when the longed-for result has been attained, it would seem reasonable that concerted action should be preserved so that at least the essentials would not be cast away. cit., pp. 266). 48 0 obj 0000012220 00000 n 12-18) and by Additional . All children are entitled to special protection under the LOAC and must: Vulnerable Victims: On 13 July 1995, 23,000 war refugees at the Srebrenica UN Safe Zone mostly women, children and the elderly were expelled by Bosnian Serb forces and compelled to walk 150 km on foot to the nearest UN refugee camp in Tuzla. This is sometimes known as combatant attack liability. PDF Law of Armed Forces (LOAC) - United States Space Force [31] Derbyshire, 149.335 Protected persons under LOAC, in Section Seven: Civilians and Other Persons Specially Protected by the LOAC, 149.335 Law of Armed Conflict, ibid., pp. [49] Each and every person affected by armed conflict is entitled to his fundamental rights and guarantees, without discrimination. In addition, Enemy combatants whether members of national armed forces, militia, volunteer corps, or other armed groups or units may lawfully be attacked under the LOAC until and unless: Figure 12.5 Anti-Government Enemy Insurgents: Photos of Taliban & Neo-Taliban insurgents operating in Afghanistan between 2010-2014.[41]. Dinstein explains that combatants: can be attacked (and killed) wherever they are, in and out of uniform: even when they are not on active duty. 0000006235 00000 n This blog comprises Part 2 of a brief on the laws of war and is a summary of what is, to the best of my understanding, the most important, mandatory and need-to-know obligations of the LOAC and CIL on all individual military personnel of national armed forces of all ranks, all Services, and all nations around the world. [33] Derbyshire, Section Seven: Civilians and Other Persons Specially Protected by the LOAC, 149.335 Law of Armed Conflict, op. Nonetheless, there remains an urgent need to further develop constructions of gender within international humanitarian law.[56]. - US Army Techniques Publication, Infantry Platoon and Squad (ATP 3-21.8) [43], Women must be protected from rape, forced prostitution and from any form of indecent assault. Application of basic Law of Armed Combat (LOAC) principles [89], It is the responsibility of all to prevent war crimes, whenever and wherever they occur, or are about to occur, and to report all violations.[90]. [84]. International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war (jus in bello). Set bread and water before them, that they may eat and drink and go to their master. 0000012582 00000 n 171 0 obj <>stream The following acts are generally accepted worldwide as war crimes: Just as every member of the armed forces is legally liable for any breaches of LOAC, every Service member also has a responsibility to prevent and report any breaches of LOAC to their superiors. qTTXP)slPzeQD6"aq5TBOhJRNr $lC'W)\CaAS[*\WKe|h"T%J P8e>%o)@[kwj7DD}2WEVU{:!X}8nXOHdP L541xX %7'nx0s>H"9,m.Zf45Y,F/p"=$ #^XQ|gk*geKe=kAQQfQO Mqo;2:Vr)At66eBM&4h:!iQ/rY*;6 b> cx United Task Force is an online gaming organisation that simulates real-world military operations using Arma 3, a sandbox PC game and custom software. Respect Protective Symbols: Symbols such as the Red Crystal, Red Cross, Red Crescent and humanitarian logos should be respected. For these reasons, the following conventions have been adopted: The ICRC is the only institution explicitly named under international humanitarian law as a controlling authority. - Leadership Development (FM 6-22) There needs to be more effort placed on ensuring urgency in political processes. ), Encyclopedia of Public International Law Volume IV (2000), pp. Use only the necessary means to neutralize the threat presented. In addition, Dutch UN military personnel had a basic duty to uphold the internationally-recognised LOAC Laws of War, and this duty took pre-eminence over the duty to obey superior orders by LTCOL Karremans and his subordinate officers in the Dutch chain of command. [1][2] It is a branch of international law that seeks to limit the effects of armed conflict by protecting persons who are not participating in hostilities and by restricting and regulating the means and methods of warfare available to combatants. xe%_hRFNUd>*UB*cy7V4kSG*! 9b+zF20XjLW9:q,d;1J'u8KYt15=W-9^lOIX5|TsoM? [2][4] It defines the conduct and responsibilities of belligerent nations, neutral nations, and individuals engaged in warfare, in relation to each other and to protected persons, usually meaning non-combatants. endobj (9QOg\5zc/j5hdPq #LM)o!!is1j8^E:Z/oYvwEUC#1rDf}/2Ug=+Sn5GQ1u>(u)X*N+ v 4). [6] Derbyshire, 149.335: Command Responsibility and Superior Orders in Section Two: Basic Principles of LOAC, NZDF Code of Conduct and Command Responsibility, p. 36, and 149.335 Prevention and punishment of breaches of LOAC in Section Twelve: International Criminal Court and Enforcement, p. 11, 149.335 Law of Armed Conflict, ibid. For our purposes violating the LOAC willnot have you hauled up in The Hague but it does form part of a vital effort to permitmission support teams to develop interesting and creactivescenarios and dilemmas. HYi;&$(z-5hk_d`tD{4h%sYAZiz{Bn[LaA'EK2@tR2O:o,^c3ZTfNiRn%GI1hgtO*ouJSaP B6kNnH"kXE'xV,%BvT:c"O=5_#Yoq^? endstream The purpose of warfare was to overcome the enemy state, which could be done by disabling the enemy combatants. REFERENCESUNITAF Standard Operating procedures (SOP) are adapted primarly from US Army Training and Doctrine Command (TRADOC). 0000092629 00000 n [18] [See Article 50 of Additional Protocol I. 20-22. Our written and audio procedures are a combination of the following primary source materials, as well as our own learnings, modifications and adaptations: [104], Official capacity a persons status as a high-ranking military or government official with an exalted position or title will also provide no defence or justification for breaches of the LOAC, and will not be considered in mitigation of punishment for war crimes.[105]. The Law of Self-Defense. Humane treatment of non-combatants may produce valuable information, gain active support for you, and deny support for the enemy. With regard to UN operations and personnel, members of a UN military force stationed and operating in any given conflict theatre must also comply with the applicable provisions and spirit of LOAC in all their interactions and dealings. 58). %PDF-1.5 % Oxford: Oxford University Press, 1995, 209376. Justifies the use of all measures required to defeat the enemy as quickly and efficiently as possible that are not prohibited by the law of armed conflict. [44] Common Article 3 of the GCs prohibits violence to life and person (including cruel treatment and torture), the taking of hostages, humiliating and degrading treatment, and execution without regular trial against non-combatants, including persons hors de combat (wounded, sick and shipwrecked). %%EOF Therefore, internment is a security measure, and cannot be used as a form of punishment. IHL has generally not been subject to the same debates and criticisms of "cultural relativism" as have international human rights. [40] Derbyshire, 149.335 NZDF Code of Conduct Card in Section Two: Basic Principles of LOAC, NZDF Code of Conduct and Command Responsibility, p. 13, and Section Four: When and to Whom Does LOAC Apply, pp. Cambridge: Cambridge University Press, 2005, part 2. With regard to the former, UN troops have been accused of inaction when an armed attack took place against civilians in the north of the country in September 2016. 0000091824 00000 n [30] Derbyshire, Section Seven: Civilians and Other Persons Specially Protected by the LOAC, 149.335 Law of Armed Conflict, ibid., p. 4. It is a deeply disturbing reality that, though the rights and obligations listed above are clear and incontrovertible under the LOAC, many UN combatants have not asserted their rights, nor upheld the law or the spirit of the LOAC, within many UN operations around the world. The most important antecedent of IHL is the current Armistice Agreement and Regularization of War, signed and ratified in 1820 between the authorities of the then Government of Great Colombia and the Chief of the Expeditionary Forces of the Spanish Crown, in the Venezuelan city of Santa Ana de Trujillo. 5H|x aO endstream endobj startxref 0 %%EOF 330 0 obj <>stream Parties to a conflict do not have an unlimited choice of methods and means of, Parties to a conflict shall at all times distinguish between combatants and non-combatants. GCIV, Art27; API, Art 76(2); APII, Art 4(2). [35] Countries that have signed the UN Convention Against Torture have committed themselves not to use torture on anyone for any reason. However, there should be no question of using lethal force unless you absolutely must. Otherwise, local armed groups will begin to threaten the rule of law when they discover that the UN troops only bark without biting., In the future, peacekeepers should be better prepared to fight back when threatened or initiate the use of force themselves. These disasters in Rwanda, Bosnia and Kosovo, involving national military contingents engaging in both UN- and NATO-led multinational security operations over a period of ten years, are more than government, military and humanitarian failures however. 141 0 obj <> endobj An individual who has the status of a protected person under international humanitarian law has the right to special protection and reinforced relief. Additional Protocol I has relaxed the strict definition of the categories of protected persons and consolidated the provisions ensuring a minimal level of protection. The party to the conflict in whose hands protected persons find themselves is responsible for the treatment of such persons by its agents, irrespective of any individual responsibility that may be incurred. 0000003415 00000 n This law not only conserves your own supplies, but preserves facilities for future civilian use. ZQDx"Z{*P ;f4's")z$rTI5>eWtvLyYGts+!yJZIH'--V7pW}Cs[uVm! |THJ a<4J!+ endstream endobj 312 0 obj <>>>/EncryptMetadata false/Filter/Standard/Length 128/O(c ^UvQbuTh >>x0)/P -1324/R 4/StmF/StdCF/StrF/StdCF/U(rWqwEf )/V 4>> endobj 313 0 obj <>/Metadata 29 0 R/Names 322 0 R/OpenAction 314 0 R/PageLabels 305 0 R/Pages 307 0 R/StructTreeRoot 42 0 R/Type/Catalog/ViewerPreferences<>>> endobj 314 0 obj <> endobj 315 0 obj <>/Font<>/ProcSet[/PDF/Text]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 316 0 obj <>stream %PDF-1.4 % Which of the following is an important U.S. military capability according to Joint Doctrine . PDF What is International Humanitarian Law? - International Committee of Ek0?728sk[2S#W-gL$p. %PDF-1.5 % H\0^m=>Mota:_?$U}]?=w\{vo$&74PndEx8aOv%oB? 0000091496 00000 n This category also includes soldiers who are captured or wounded or soldiers who surrender. ], The LOAC protections given to civilians that guarantee humane treatment and forbid their being deliberately militarily targeted and attacked, is given not only to the civilian population within the power of a military armed force, e.g. [81], According to the report, the pervasive unwillingness among UN military contingents to use lethal force, combined with the increasing number of Chapter VII operations due to the present security environment, has resulted in spikes of violence directed against UN troops since 2011 and a resultant extended surge in deaths among UN personnel not seen since the 1960s with missions in the Suez and the Congo, and the 1990s in Rwanda, Somalia, Cambodia and the Balkans. establishes rules relating to the means and methods of warfare; and examines the issue of military objectives. 0000106614 00000 n [106] Modified image taken from TBW Global partnering with specialist training companies, Advance Advancing UK Aerospace, Defence, Security & Space Solutions Worldwide (ADS Magazine),3 December 2018, https://www.adsadvance.co.uk/tbw-global-partnering-with-specialist-training-companies.html, (accessed 6 May 2019). Calling things by the wrong name adds to the affliction of the world. Durham cautions that, although traditional practices and IHL legal norms are largely compatible, it is important not to assume perfect alignment. Do not kill little children or old men or women. The distinction between combatants and non-combatants is not always easy to make. [15], Even in the midst of the carnage of history, however, there have been frequent expressions and invocation of humanitarian norms for the protection of the victims of armed conflicts: the wounded, the sick and the shipwrecked. %PDF-1.5 % The tragic results of government-imposed caveat constraints on national forces within these three international security missions, springing from a crippling unwillingness within government to allow their national military forces to use force when necessary, were the commission by hostile belligerents of war crimes against both civilians and civilian objects within the missions. Chapter 6B- Law of Armed Conflict Flashcards | Quizlet The Fourth Geneva Convention focuses on the civilian population. cit., p. 52. 0000092370 00000 n *$U4 olD\@UF? 0000088317 00000 n This Rule is based on Article 23(g) of the 1907 Hague Regulations and the customary international law of armed conflict. 0000007213 00000 n The risk of this categorization is that certain individuals may not receive adequate protection if the actors in a conflict do not recognize them as belonging to one of the categories of protected persons. This equates to 1.57 jobs, $76,000 in wages and $14,101 in tax revenues for every 1,000 tons of material recycled. Use weapons that cause unnecessary suffering (such as chemical weapons), Use weapons that cannot distinguish between civilian and military targets, Pretend to be a civilian while attempting to kill, injure or capture an adversary, Order or threaten that there will be no survivors, Those who are fighting must distinguish themselves from those who are not, Attacks must be limited to military objectives, During an attack, every precaution must be taken to minimise potential harm to civilians and civilian objects. Relying on these links and on local practices can help to promote awareness of and adherence to IHL principles among local groups and communities. Women and children within the civilian population have additional special protection, over and above other rights and protections that civilians are entitled to generally under the LOAC. 0000007518 00000 n 13, 14). 0000091513 00000 n Depending on the circumstances, they may be subject to civilian law or a military tribunal for their acts. In the latter, the Appeals Chamber held that Article 4 may be given a wider construction so that a person may be accorded protected status, notwithstanding the fact that he is of the same nationality as his captors ( Celebici Case , 20 February 2001, para. 50 0 obj The Law of Geneva and The Law of The Hague, Historical convergence between IHL and the laws of war, Key provisions and principles applicable to civilians, IHL provisions and principles protecting civilians. cit. Do not slaughter livestock except for food. On the USA: It is difficult to find a parallel to the unwisdom of the British and weakness of the French governments, who none the less reflected the opinion of their Parliaments in this disastrous period. cit. Under the LOAC, military commanders have Command Responsibility for acts in breach of LOAC that: The Toast of Shame: Bosnian Serb General Ratko Mladic (a.k.a. Indeed, in the 2018 UN report, UN officials told UN peacekeepers that it was time to fight back, stating: In the future, peacekeepers should be better prepared to fight back when threatened or initiate the use of force themselves. Be treated with equal care as men (meaning no less favourably than men); Be given adequate treatment and care if pregnant, or mothers with children, and have their cases addressed urgently if arrested, interned or detained; and. 54 0 obj https://thedefensepost.com/2019/03/22/us-service-members-killed-afghanistan/, https://www.newyorker.com/magazine/1995/12/18/after-the-genocide, http://www.ibtimes.co.uk/srebrenica-massacre-anniversary-1995-genocide-carried-out-by-serb-forces-during-bosnian-war-1456177, http://www.tacno.net/banja-luka/kaznom-za-zlocine-pravdom-za-zrtve/, https://www.nbcnews.com/slideshow/ratko-mladic-conviction-caps-decades-grief-over-srebrenica-massacre-n823311, https://world.wng.org/2014/06/holiday_inn_on_sarajevos_sniper_alley, https://en.wikipedia.org/wiki/2004_unrest_in_Kosovo#/media/File:St._Andrew_Church,_destroyed_by_Albanians_during_the_pogrom_of_Serbs_from_Kosovo_in_March_2004.jpg, https://www.unhcr.org/news/latest/2004/8/412b5f904/kosovo-minorities-still-need-international-protection-says-unhcr.html, http://www.kosovo.net/pogrom_march/svinjare1/page_01.htm, https://www.icrc.org/en/doc/assets/files/publications/icrc-002-0173.pdf, https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/INTRO/475?OpenDocument, https://www.npr.org/sections/parallels/2014/04/10/300980793/a-reporter-reflects-on-rwanda-its-like-a-madness-took-over?t=1557078677560, http://interactive.trtworld.com/srebrenica/index.html#seventh, https://www.wired.com/2012/01/afghan-air-war/, https://www.nato.int/cps/en/natohq/topics_52060.htm, https://www.pbs.org/newshour/world/saddam-statue, https://hiregi.com/2018/07/14/how-many-operation-iraqi-freedom-oif-campaigns-were-there/, https://www.jus.uio.no/smr/om/aktuelt/arrangementer/2012/docs/nicholson-draft-c3.pdf, https://www.macleans.ca/news/world/the-decline-of-al-qaeda/, https://www.srf.ch/news/international/niederlande-haften-fuer-srebrenica-opfer, http://www.reuters.com/article/2014/05/16/us-un-peacekeepers-civilians-idUSBREA4F0M220140516, https://www.stuff.co.nz/world/africa/100850051/un-peacekeepers-told-to-fight-back-as-deaths-surge, https://www.bbc.com/news/world-africa-38372614, https://thedefensepost.com/2019/01/20/mali-8-un-peacekeepers-killed-aguelhok/, https://mg.co.za/article/2013-06-29-un-soldiers-to-take-over-from-african-troops-in-mali, https://news.un.org/en/story/2016/04/526062, http://www.newindianexpress.com/world/2018/mar/17/canada-to-send-troops-to-un-peacekeeping-mission-in-mali-1788547.html, https://www.telegraph.co.uk/news/worldnews/europe/serbia/8877056/Commander-of-UN-forces-aware-Srebrenica-massacre-was-about-to-happen.html, https://www.adsadvance.co.uk/tbw-global-partnering-with-specialist-training-companies.html, https://uwaterloo.ca/history/events/un-genocide-convention, http://www.coxandforkum.com/archives/000472.html, UN MINUSCA Caveats in the Central African Republic. To deter and repel attacks and to defeat attackers, the United Nations needs to be strong and not fear to use force when necessary.. After a conflict has ended, persons who have committed any breach of the laws of war, and especially atrocities, may be held individually accountable for war crimes through process of law. [25] Derbyshire, 149.335 NZDF Code of Conduct Card, in Section Two: Basic Principles of LOAC, NZDF Code of Conduct and Command Responsibility, 149.335 Law of Armed Conflict, ibid., pp. 0000015620 00000 n Unlike human rights law, humanitarian law does not establish universal rights applicable to all individuals. - Soldiers Manual of Common Tasks Warrior Leader Skills Level 2, 3, and 4 (STP 21-24-SMCT) [45] This principle of humane treatment has been affirmed by the ICRC as a norm of customary international law, applicable in both international and non-international armed conflicts.

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