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Project of an International Declaration concerning the Laws and Customs of War. Brussels, 27 August 1874.
Who should be recognized as belligerents combatants and non-combatants - Art. 9.
Art. 9. The laws, rights, and duties of war apply not only to armies, but also to militia and volunteer corps fulfilling the following conditions:
1. That they be commanded by a person responsible for his subordinates;
2. That they have a fixed distinctive emblem recognizable at a distance;
3. That they carry arms openly; and
4. That they conduct their operations in accordance with the laws and customs of war.
In countries where militia constitute the army, or form part of it, they are included under the denomination ' army '.