A Parlimentaire is defined by the U.S. Department of Defense 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 commanderhttp://www.dtic.mil/doctrine/jel/doddict/data/p/04035.html.

History

Even in war the belligerents sometimes need to communicate, or negotiate. In the Middle Ages

Middle Ages

The Middle Ages is a periodization of European history from the 5th century to the 15th century. The Middle Ages follows the fall of the Western Roman Empire in 476 and precedes the Early Modern Era. It is the middle period of a three-period division of Western history: Classic, Medieval and Modern...

 Herald

Herald

A herald, or, more correctly, a herald of arms, is an officer of arms, ranking between pursuivant and king of arms. The title is often applied erroneously to all officers of arms....

s were used to deliver declarations of war, and ultimata

Ultimatum

An ultimatum 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. An ultimatum is generally the final demand in a series of requests...

 as a form of one-sided communication. But for two-sided communication agents were needed that could also negotiate. These usually operated under a flag of truce

White flag

White flags have had different meanings throughout history and depending on the locale.-Flag of temporary truce in order to parley :...

 and enjoyed temporary inviolability according to the customs and laws of war

Laws of war

The law of war is a body of law concerning acceptable justifications to engage in war and the limits to acceptable wartime conduct...

. Breaches of the customary protection of parlimentaires were deemed perfidy.

International Law

Later, these customs and protections were codified in international law

International law

Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...

. Articles 32-34 of the Hague Conventions (1907) 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 trumpeter, bugler, or drummer, the flag-bearer, and the interpreter 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 that may be prosecuted before the International Criminal Court

International Criminal Court

The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...

.