NOTES

IHL REPORTING
COMBATANTS AND PRISONERS OF WAR

Combatants are members of armed forces. The main feature of their status in international armed
conflicts is that they have the right to directly participate in hostilities. If they fall into enemy hands,
they become prisoners of war who may not be punished for having directly participated in hostilities.
It is often considered that customary law allows a detaining power to deny its own nationals
prisoner-of-war status, even if they fall into its hands as members of enemy armed forces. In any
event, such persons may be punished under domestic law for their mere participation in hostilities
against their own country.

Combatants have an obligation to respect International Humanitarian Law (IHL), which includes
distinguishing themselves from the civilian population. If they violate IHL they must be punished,
but they do not lose their combatant status and, if captured by the enemy, remain entitled to
prisoner-of-war status, except if they have violated their obligation to distinguish themselves.

Persons who have lost combatant status or never had it, but nevertheless directly participate in
hostilities, may be referred to as "unprivileged combatants" – because they do not have the
combatant's privilege to commit acts of hostility – or as "unlawful combatants" – because their acts of
hostility are not permitted by IHL. The status of such persons has given rise to controversy.

Some argue that they must perforce be civilians. This argument is based on the letter of IHL
treaties. In the conduct of hostilities, Art. 50(1) of Protocol I defines civilians as all those who are not
"referred to in Article 4(A)(1), (2), (3) and (6) of the Third Convention and in Article 43 of this
Protocol". Once they have fallen into enemy hands, Art. 4 of Convention IV defines as protected
civilians all those who fulfil the nationality requirements and are not protected by Convention III.
This would mean that any enemy who is not protected by Convention III falls under Convention IV.

Those who oppose that view argue that a person who does not fulfil the requirements for combatant
status is an "unlawful combatant" and belongs to a third category. Like "lawful combatants", it is
claimed, such "unlawful combatants" may be attacked until they surrender or are otherwise hors de
combat and may be detained without judicial decision. The logic of this argument is that those who
do not comply with the conditions set for a status should not be privileged compared to those who do.

Those who insist on the complementarity and exclusivity of combatant and civilian status reply that
lawful combatants can be easily identified, based on objective criteria, which they will normally not
deny (i.e. membership in the armed forces of a party to an international armed conflict), while the
membership and past behaviour of unprivileged combatants and the future threat they represent
can only be determined individually. As "civilians", unprivileged combatants may be attacked while
they unlawfully directly participate in hostilities. If they fall into the power of the enemy,
Convention IV does not bar their punishment for unlawful participation in hostilities. In addition, it
permits administrative detention for imperative security reasons. From a teleological perspective, it
is feared that the concept of "unlawful combatants", denied the protection of Convention IV, could
constitute an easy escape category for detaining powers, as the Geneva Conventions contain no rule
about the treatment of someone who is neither a combatant nor a civilian (see, however, P I, Art. 75).
NOTES
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COMBATANTS AND PRISONERS OF WAR

II. Who is a prisoner of war?

GENEVA CONVENTION

ARTICLE 4 [ Link ]

A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the
following categories, who have fallen into the power of the enemy:

(1) Members of the armed forces of a Party to the conflict as well as members of militias or volunteer
corps forming part of such armed forces.

(2) Members of other militias and members of other volunteer corps, including those of organized
resistance movements, belonging to a Party to the conflict and operating in or outside their own
territory, even if this territory is occupied, provided that such militias or volunteer corps, including
such organized resistance movements, fulfil the following conditions:

(a) that of being commanded by a person responsible for his subordinates;

(b) that of having a fixed distinctive sign recognizable at a distance;

(c) that of carrying arms openly;

(d) that of conducting their operations in accordance with the laws and customs of war.

(3) Members of regular armed forces who profess allegiance to a government or an authority not
recognized by the Detaining Power.

(4) Persons who accompany the armed forces without actually being members thereof, such as
civilian members of military aircraft crews, war correspondents, supply contractors, members of
labour units or of services responsible for the welfare of the armed forces, provided that they have
received authorization from the armed forces which they accompany, who shall provide them for that
purpose with an identity card similar to the annexed model.

(5) Members of crews, including masters, pilots and apprentices, of the merchant marine and the
crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment
under any other provisions of international law.

(6) Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up
arms to resist the invading forces, without having had time to form themselves into regular armed
units, provided they carry arms openly and respect the laws and customs of war.

B. The following shall likewise be treated as prisoners of war under the present Convention:

(1) Persons belonging, or having belonged, to the armed forces of the occupied country, if the
occupying Power considers it necessary by reason of such allegiance to intern them, even though it
NOTES
IHL REPORTING
COMBATANTS AND PRISONERS OF WAR

has originally liberated them while hostilities were going on outside the territory it occupies, in
particular where such persons have made an unsuccessful attempt to rejoin the armed forces to
which they belong and which are engaged in combat, or where they fail to comply with a summons
made to them with a view to internment.

(2) The persons belonging to one of the categories enumerated in the present Article, who have been
received by neutral or non-belligerent Powers on their territory and whom these Powers are required
to intern under international law, without prejudice to any more favourable treatment which these
Powers may choose to give and with the exception of Articles 8 [ Link ] , 10 [ Link ] , 15 [ Link ] , 30,
fifth paragraph [ Link ] , 58 [ Link ] -67, 92 [ Link ] , 126 [ Link ] and, where diplomatic relations
exist between the Parties to the conflict and the neutral or non-belligerent Power concerned, those
Articles concerning the Protecting Power. Where such diplomatic relations exist, the Parties to a
conflict on whom these persons depend shall be allowed to perform towards them the functions of a
Protecting Power as provided in the present Convention, without prejudice to the functions which
these Parties normally exercise in conformity with diplomatic and consular usage and treaties.

C. This Article shall in no way affect the status of medical personnel and chaplains as provided for in
Article 33 [ Link ] of the present Convention.

Article 44 [ Link ] -- Combatants and prisoners of war

1. Any combatant, as defined in Article 43 [ Link ] , who falls into the power of an adverse Party
shall be a prisoner of war.

2. While all combatants are obliged to comply with the rules of international law applicable in armed
conflict, violations of these rules shall not deprive a combatant of his right to be a combatant or, if he
falls into the power of an adverse Party, of his right to be a prisoner of war, except as provided in
paragraphs 3 and 4.

3. In order to promote the protection of the civilian population from the effects of hostilities,
combatants are obliged to distinguish themselves from the civilian population while they are
engaged in an attack or in a military operation preparatory to an attack. Recognizing, however, that
there are situations in armed conflicts where, owing to the nature of the hostilities an
armed combatant cannot so distinguish himself, he shall retain his status as a combatant, provided
that, in such situations, he carries his arms openly:

(a) during each military engagement, and

(b) during such time as he is visible to the adversary while he is engaged in a military deployment
preceding the launching of an attack in which he is to participate.

Acts which comply with the requirements of this paragraph shall not be considered as perfidious
within the meaning of Article 37, paragraph 1 (c [ Link ] .
NOTES
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COMBATANTS AND PRISONERS OF WAR

4. A combatant who falls into the power of an adverse Party while failing to meet the requirements
set forth in the second sentence of paragraph 3 shall forfeit his right to be a prisoner of war, but he
shall, nevertheless, be given protections equivalent in all respects to those accorded to prisoners of
war by the Third Convention and by this Protocol. This protection includes protections equivalent to
those accorded to prisoners of war by the Third Convention in the case where such a person is tried
and punished for any offences he has committed.

5. Any combatant who falls into the power of an adverse Party while not engaged in an attack or in a
military operation preparatory to an attack shall not forfeit his rights to be a combatant and a
prisoner of war by virtue of his prior activities.

6. This Article is without prejudice to the right of any person to be a prisoner of war pursuant to
Article 4 [ Link ] of the Third Convention.

7. This Article is not intended to change the generally accepted practice of States with respect to the
wearing of the uniform by combatants assigned to the regular, uniformed armed units of a Party to
the conflict.

8. In addition to the categories of persons mentioned in Article 13 [ Link ] [ Link ] of the First and
Second Conventions, all members of the armed forces of a Party to the conflict, as defined in Article
43 [ Link ] of this Protocol, shall be entitled to protection under those Conventions if they are
wounded or sick or, in the case of the Second Convention, shipwrecked at sea or in other waters.

RIGHTS AND PRIVILEGES OF RETAINED PERSONNEL

ARTICLE 33

Members of the medical personnel and chaplains while retained by the Detaining Power with a view
to assisting prisoners of war, shall not be considered as prisoners of war. They shall, however,
receive as a minimum the benefits and protection of the present Convention, and shall also be
granted all facilities necessary to provide for the medical care of, and religious ministration to
prisoners of war.
They shall continue to exercise their medical and spiritual functions for the benefit of prisoners of
war, preferably those belonging to the armed forces upon which they depend, within the scope of the
military laws and regulations of the Detaining Power and under the control of its competent services,
in accordance with their professional etiquette. They shall also benefit by the following facilities in
the exercise of their medical or spiritual functions:

(a) They shall be authorized to visit periodically prisoners of war situated in working detachments or
in hospitals outside the camp. For this purpose, the Detaining Power shall place at their disposal the
necessary means of transport.

(b) The senior medical officer in each camp shall be responsible to the camp military authorities for
everything connected with the activities of retained medical personnel. For this purpose, Parties to
the conflict shall agree at the outbreak of hostilities on the subject of the corresponding ranks of the
medical personnel, including that of societies mentioned in Article 26 [ Link ] of the Geneva
NOTES
IHL REPORTING
COMBATANTS AND PRISONERS OF WAR

Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the
Field of August 12, 1949. This senior medical officer, as well as chaplains, shall have the right to
deal with the competent authorities of the camp on all questions relating to their duties. Such
authorities shall afford them all necessary facilities for correspondence relating to these questions.

(c) Although they shall be subject to the internal discipline of the camp in which they are retained,
such personnel may not be compelled to carry out any work other than that concerned with their
medical or religious duties.

During hostilities, the Parties to the conflict shall agree concerning the possible relief of retained
personnel and shall settle the procedure to be followed.
None of the preceding provisions shall relieve the Detaining Power of its obligations with regard to
prisoners of war from the medical or spiritual point of view.

1. PRESUMPTION OF COMBATANT AND PRISONER OF WAR STATUS

BEGINNING AND END OF APPLICATION

ARTICLE 5 [ Link ]

The present Convention shall apply to the persons referred to in Article 4 [ Link ] from the time they
fall into the power of the enemy and until their final release and repatriation.
Should any doubt arise as to whether persons, having committed a belligerent act and having fallen
into the hands of the enemy, belong to any of the categories enumerated in Article 4 [ Link ] , such
persons shall enjoy the protection of the present Convention until such time as their status has been
determined by a competent tribunal.

PROTECTION OF PERSONS WHO HAVE TAKEN PART IN HOSTILITIES

Article 45 [ Link ] -- Protection of persons who have taken part in hostilities

1. A person who takes part in hostilities and falls into the power of an adverse Party shall be
presumed to be a prisoner of war, and therefore shall be protected by the Third Convention, if he
claims the status of prisoner of war, or if he appears to be entitled to such status, or if the Party on
which he depends claims such status on his behalf by notification to the detaining Power or to the
Protecting Power. Should any doubt arise as to whether any such person is entitled to the status of
prisoner of war, he shall continue to have such status and, therefore, to be protected by the Third
Convention and this Protocol until such time as his status has been determined by a competent
tribunal.

2. If a person who has fallen into the power of an adverse Party is not held as a prisoner of war and
is to be tried by that Party for an offence arising out of the hostilities, he shall have the right to
assert his entitlement to prisoner-of-war status before a judicial tribunal and to have that question
adjudicated. Whenever possible under the applicable procedure, this adjudication shall occur before
the trial for the offence. The representatives of the Protecting Power shall be entitled to attend the
proceedings in which that question is adjudicated, unless, exceptionally, the proceedings are held ' in
NOTES
IHL REPORTING
COMBATANTS AND PRISONERS OF WAR

camera ' in the interest of State security. In such a case the detaining Power shall advise the
Protecting Power accordingly.

3. Any person who has taken part in hostilities, who is not entitled to prisoner-of-war status and who
does not benefit from more favourable treatment in accordance with the Fourth Convention shall
have the right at all times to the protection of Article 75 [ Link ] of this Protocol. In occupied
territory, any such person, unless he is held as a spy, shall also be entitled, notwithstanding Article 5
[ Link ] of the Fourth Convention, to his rights of communication under that Convention.

2. The status of "unlawful combatants"

(REFER TO EXTERNAL PDF)

III. Treatment of prisoners of war

Those who have prisoner-of-war status (and the persons mentioned in GC III, Art. 4(B); GC I, Art.
28(2); P I, Art. 44(5)) enjoy prisoner-of-war treatment. Prisoners of war may be interned without any
particular procedure or for no individual reason. The purpose of this internment is not to punish
them, but only to hinder their direct participation in hostilities and/or to protect them. Any
restriction imposed on them under the very detailed regulations of Convention III serves only this
purpose. The protection afforded by those regulations constitutes a compromise between the
interests of the detaining power, the interests of the power on which the prisoner depends, and the
prisoner's own interests. Under the growing influence of human rights standards, the latter
consideration is gaining in importance, but IHL continues to see prisoners of war as soldiers of their
country. Due to this inter-State aspect and in their own interest, they cannot renounce their rights
or status.

a) protected as prisoners of war as soon as they fall into the power of the adverse party
b) including in exceptional circumstances

SAFEGUARD OF AN ENEMY HORS DE COMBAT

Article 41 [ Link ] -- Safeguard of an enemy hors de combat

1. A person who is recognized or who, in the circumstances, should be recognized to be ' hors
de combat ' shall not be made the object of attack.

2. A person is ' hors de combat ' if:

(a) he is in the power of an adverse Party;

(b) he clearly expresses an intention to surrender; or

(c) he has been rendered unconscious or is otherwise incapacitated by wounds or sickness,

and therefore is incapable of defending himself;
NOTES
IHL REPORTING
COMBATANTS AND PRISONERS OF WAR

provided that in any of these cases he abstains from any hostile act and does not attempt to
escape.

3. When persons entitled to protection as prisoners of war have fallen into the power of an
adverse Party under unusual conditions of combat which prevent their evacuation as
provided for in Part III, Section I, of the Third Convention, they shall be released and all
feasible precautions shall be taken to ensure their safety.

c) no transfer to a power which is unwilling or unable to respect Convention III

RESPONSIBILITY FOR THE TREATMENT OF PRISONERS

ARTICLE 12 [ Link ]

Prisoners of war are in the hands of the enemy Power, but not of the individuals or
military units who have captured them. Irrespective of the individual responsibilities
that may exist, the Detaining Power is responsible for the treatment given them.
Prisoners of war may only be transferred by the Detaining Power to a Power which is
a party to the Convention and after the Detaining Power has satisfied itself of the
willingness and ability of such transferee Power to apply the Convention. When
prisoners of war are transferred under such circumstances, responsibility for the
application of the Convention rests on the Power accepting them while they are in its
custody.
Nevertheless if that Power fails to carry out the provisions of the Convention in any
important respect, the Power by whom the prisoners of war were transferred shall,
upon being notified by the Protecting Power, take effective measures to correct the
situation or shall request the return of the prisoners of war. Such requests must be
complied with.

d) respect for their allegiance towards the power on which they depend
e) no punishment for participation in hostilities
f) rules on treatment during internment
Rule 118. Provision of Basic Necessities to Persons Deprived of Their Liberty
Note: This chapter addresses the treatment of persons deprived of their liberty for reasons
related to armed conflict, whether international or non-international. With regard to
international armed conflicts, this term includes combatants who have fallen into the hands
of the adverse party, civilian internees and security detainees. With regard to non-
international armed conflicts, it includes persons who have taken a direct part in hostilities
and who have fallen into the power of the adverse party, as well as those detained on
criminal charges or for security reasons, provided that a link exists between the situation of
armed conflict and the deprivation of liberty. The term “detainees” as used in this chapter
covers all persons thus deprived of their liberty.

Rule 118. Persons deprived of their liberty must be provided with adequate food, water,
clothing, shelter and medical attention.
NOTES
IHL REPORTING
COMBATANTS AND PRISONERS OF WAR

Summary
State practice establishes this rule as a norm of customary international law applicable in
both international and non-international armed conflicts.

International armed conflicts

The rule according to which prisoners of war must be provided with adequate food and
clothing is a long-standing rule of customary international law already recognized in the
Lieber Code, the Brussels Declaration and the Oxford Manual.[1] It was codified in the
Hague Regulations and is now dealt with in detail by the Third Geneva Convention.[2]
Under the Fourth Geneva Convention, this rule is also applicable to civilians deprived of
their liberty in connection with an international armed conflict.[3]
The rule requiring provision for the basic needs of persons deprived of their liberty is set
forth in numerous military manuals.[4] Violation of this rule is an offence under the
legislation of many States.[5] This rule is also supported by official statements and other
practice.[6]
In a resolution on the protection of prisoners of war adopted in 1969, the 21st International
Conference of the Red Cross recognized that, irrespective of the Third Geneva Convention,
“the international community has consistently demanded humane treatment for prisoners of
war, including … provision of an adequate diet and medical care”.[7]

Non-international armed conflicts

Specific treaty law with respect to the provision of detainees’ basic needs in non-
international armed conflicts is contained in Additional Protocol II.[8] In addition, this rule
is contained in other instruments pertaining also to non-international armed conflicts.[9]
The Standard Minimum Rules for the Treatment of Prisoners provides detailed provisions
concerning accommodation, hygiene, clothing, bedding and food.[10]
Several military manuals which are applicable in or have been applied in non-international
armed conflicts contain this rule.[11] Violation of this rule is an offence under the legislation
of a number of States.[12] This rule is also supported by official statements and other
practice in the context of non-international armed conflicts.[13]
The rule that persons deprived of their liberty must be provided with their basic needs is
supported by practice of the United Nations. For example, in 1992, the UN Security Council
demanded that all detainees in camps, prisons and detention centres in Bosnia and
Herzegovina “receive humane treatment, including adequate food, shelter and medical
care”.[14] In addition, the Code of Conduct for Law Enforcement Officials and the Basic
Principles for the Treatment of Prisoners, adopted by the UN General Assembly without a
vote in 1979 and 1990 respectively, require, in particular, that prisoners’ health be
protected.[15] It should be noted that lack of adequate food, water or medical treatment for
detained persons amounts to inhuman treatment (see commentary to Rule 90). In the
Aleksovski case in 1999, the International Criminal Tribunal for the former Yugoslavia took
into consideration the quality of the shelter, food and medical care allotted to each detainee
in determining whether the accused had treated detainees inhumanely.[16]
No official contrary practice was found with respect to either international or non-
international armed conflicts.
NOTES
IHL REPORTING
COMBATANTS AND PRISONERS OF WAR

Interpretation
Practice indicates that provision for the basic needs of persons deprived of their liberty has
to be adequate, taking into account the means available and the local conditions. Additional
Protocol II states that provision of basic needs is required “to the same extent as the local
civilian population”.[17]
In the Aleksovski case, the International Criminal Tribunal for the former Yugoslavia
considered that the relative lack of food was the result of shortages caused by the war and
affected everyone and that the medical care would probably have been considered
insufficient in ordinary times, but that the detainees in question did receive available
medical care.[18]
According to practice, if the detaining power is unable to provide for the basic needs of
detainees, it must allow humanitarian agencies to provide assistance in their stead and
detainees have a right to receive individual or collective relief in such a context. The right to
receive relief shipments is recognized in the Third and Fourth Geneva Conventions and in
Additional Protocol II.[19] This interpretation is also supported by military manuals,
national legislation and a report by the Inter-American Commission on Human Rights.[20]
This practice is further supported by the practice cited in the commentaries to Rules 53 and
55 on starvation and access to humanitarian relief.

Rule 127. The personal convictions and religious practices of persons deprived of their
liberty must be respected.

Summary
State practice establishes this rule as a norm of customary international law applicable in
both international and non-international armed conflicts. This rule is an application of the
fundamental guarantee of respect for convictions and religious practices (see Rule 104).

International armed conflicts

The recognition of the freedom of prisoners of war to exercise their religion was first codified
in the Hague Regulations.[1] The Third Geneva Convention governing prisoners of war and
the Fourth Geneva Convention governing civilians now regulate this subject in detail.[2]
Additional Protocol I also requires respect for the convictions and religious practices of
detainees.[3]
The right of detainees to respect for their religious convictions and practices is set forth in
numerous military manuals.[4] It is also contained in the legislation of several States.[5]
In the Aleksovski case, the International Criminal Tribunal for the former Yugoslavia found
the accused not guilty of prohibiting detainees from practicing their faith because “it was not
established that the difficulties encountered by the detainees in respect of the observance of
religious rites resulted from any deliberate policy of the accused”.[6]

Non-international armed conflicts

Article 5 of Additional Protocol II requires that persons whose liberty has been restricted be
allowed to practise their religion and, if requested and appropriate, to receive spiritual
assistance.[7] Article 4 of Additional Protocol II also requires respect for detainees’
convictions and religious practices.[8] In his report on the establishment of a Special Court
NOTES
IHL REPORTING
COMBATANTS AND PRISONERS OF WAR

for Sierra Leone, the UN Secretary-General qualified violations of Article 4 of Additional

Protocol II as violations of customary international law.[9]
Several military manuals which are applicable in or have been applied in non-international
armed conflicts specify the right of detainees to practise their religion and to receive
spiritual assistance.[10] This right is also set forth in the legislation of some States.[11]
No official contrary practice was found with respect to either international or non-
international armed conflicts.

Interpretation
Practice indicates that the manifestation of personal convictions, the practice of one’s
religion and access to spiritual assistance may be subject to reasonable regulation. Article 18
of the Hague Regulations and Article 34 of the Third Geneva Convention provide that
prisoners of war are entitled to practise their religion provided that they comply with
military regulations for order and discipline.[12] Similarly, with respect to civilian internees,
the Fourth Geneva Convention provides that they shall enjoy complete latitude in the
exercise of their religion “on condition that they comply with the disciplinary routine
prescribed by the detaining authorities”.[13] Furthermore, the Third and Fourth Geneva
Conventions require that religious personnel who are retained or interned be allowed to
correspond, subject to censorship, on matters concerning their religious duties.[14]

g) rules on penal and disciplinary proceedings

GC III, Art. 82-108 [CIHL, Rules 100-102]

h) punishment for acts committed prior to capture

GC III, Art. 85

i) limits to punishment for escape

GC III, Arts 91-94

IV. Transmission of information

a) capture cards (to be sent to the family and the Central Tracing Agency)
CAPTURE CARD
ARTICLE 70 [ Link ]

Immediately upon capture, or not more than one week after arrival at a camp, even if it is a
transit camp, likewise in case of sickness or transfer to hospital or another camp, every
prisoner of war shall be enabled to write direct to his family, on the one hand, and to the
Central Prisoners of War Agency provided for in Article 123 [ Link ] , on the other hand, a
card similar, if possible, to the model annexed to the present Convention, informing his
relatives of his capture, address and state of health. The said cards shall be forwarded as
rapidly as possible and may not be delayed in any manner.
NOTES
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COMBATANTS AND PRISONERS OF WAR

b) notification (to the power of origin through the Central Tracing Agency)
GC III, Arts 69, 94, 104, 107, 120 and 122

c) correspondence
GC III, Arts 71, 76 and Annex IV C. [CIHL, Rule 125]

V. Monitoring by outside mechanisms

1. Protecting Powers
(See infra Implementation Mechanisms IV. Scrutiny by Protecting Powers and the ICRC)
GC III, Arts 8 and 126; P I, Art. 5

2. ICRC
(See infra The International Committee of the Red Cross and the Law)
GC III, Arts 9 and 126(4); P I, Art. 5(3)-(4) [CIHL, Rule 124]

VI. Repatriation of prisoners of war

As prisoners of war are only detained to stop them from taking part in hostilities, they have to be
released and repatriated when they are unable to participate, i.e. during the conflict for health
reasons and of course as soon as active hostilities have ended. Under the influence of human rights
law and refugee law it is today admitted that those fearing persecution may not be forcibly
repatriated. As this exception offers the Detaining Power room for abuse and risks rekindling
mutual distrust, it is suggested that the prisoner's wishes are the determining factor, but it can be
difficult to ascertain those wishes and what will happen to the prisoner if the Detaining Power is
unwilling to grant him/her asylum. On the latter point, many argue that a prisoner of war who freely
expresses his/her will not to be repatriated loses prisoner-of-war status and becomes a civilian who
remains protected under Convention IV until resettlement.

1. During hostilities
GC III, Art. 109-117
a) medical cases
GC III, Annexes I and II
b) agreements between the parties
2. At the end of active hostilities
GC III, Arts 118-119 [CIHL, Rule 128 A.]

a) when do active hostilities end?

b) no reciprocity
c) fate of POWs who refuse repatriation
3. Internment in neutral countries
d) GC III, Arts 110(2)-(3), 111 and Annex I