f. Mass Levies (Levee en Masse)." To qualify these civilians must:(1)Be in non-occupied territory; and,(2)Act spontaneously to the invasion; and,(3)Carry their arms visibly;"-and,(4)Respect the laws and customs of war.(5)Contrast this requirement with organized resistance movements.g. This is NOT an all-inclusive list. One's status as a prisoner of war is a
question of fact.(1)The possession of a belligerent government issued identification card
is weighed heavily.(2)Prior to 1949,possession of an identification card was a prerequisite to
EPW- Medical and religious personnel (Retained Personnel) receive the protections
of GPW plus (Art. 4C & 33, GPW).
a. Retained personnel are to be repatriated as soon as they are no longer
needed to care for the prisoners of war."b. Of note, retained status is not limited to doctors, nurse, corpsman, etc. It
also includes, for example, the hospital clerks, cooks, and maintenance
w~rkers.'~l4See 111 Geneva Convention Relative to the Treatment of Prisoners of War [hereinafter GPW], Art. 4(A)(6)
and FM 27-lO,T 61. Additionally, 7 65 says all of military ages may be held as POWs. The GPW does
not discriminate the right to detain by gender and therefore females may be detained as well.
See Pictet, at 67.36 See Article 81, Geneva Convention Relative to the Treatment of Prisoners of War of July 27, 1929,
reprinted in, Pictet, at 683. See also DEP'TOF DEF., INST. 1000.1, IDENTITY CARDS REQUIRED BY THE
GENEVACONVENTION(30 January 1974).
37 This is one of the most abused provisions of the Geneva Conventions. The last time this author knows of
this occurring was by the United States during World War I. During hostilities we repatriated 59 medical
officers, 1,783 sanitary personnel, including 333 members of the German Red Cross. FINAL REPORT OF
GENERALJOHN J. PERSHING HQ, AEF Sept. 1,1919, reprinted in XVI THE STORY OF THE GREAT WAR
(1920), at App., p. Ivii.
88
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