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Prisoners of War


Prisoners of war within the meaning of this Convention are persons who fall into enemy hands and belong to one of the following categories:

1) Personnel of the armed forces of a party to the conflict, as well as personnel of militias and volunteer units forming part of these armed forces.

2) Personnel of other militias and volunteer units, including organized resistance movements belonging to the party to the conflict and acting on their own territory or outside it, even if this territory is occupied, provided that these militias and volunteer units, including organized resistance movements, meet the following conditions:

a) have a person responsible for their subordinates,

b) bear a distinct and clearly visible sign distinguishable at a distance,

c) openly carry weapons,

d) observe the laws and customs of war in their conduct.

3) Personnel of regular armed forces who consider themselves under the authority of a government or power not recognized by the detaining Power.

4) Persons accompanying armed forces but not directly forming part of them, such as civilians serving on military aircraft crews, military correspondents, suppliers, personnel of labor units or services responsible for the domestic maintenance of armed forces, provided that they have obtained permission from the armed forces they accompany, for which purpose the latter must issue them identity cards in the attached format.

5) Crew members of merchant ships, including captains, pilots and apprentices, and civil aviation crews of parties to a conflict who do not benefit from more favorable treatment under any other provisions of international law.

6) The population of unoccupied territory, which spontaneously takes up arms on its own initiative upon the approach of the enemy in order to fight against invading forces, and has not had time to form regular armed forces, if it openly carries weapons and observes the laws and customs of war

Source: "GENEVA CONVENTION RELATING TO THE TREATMENT OF PRISONERS OF WAR"

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