- Persons whose POW status is debatable:"
b. Sabote~rs;~~c. Military advis01-s;~~d. Belligerent dipl~mats,~'ande. Mercenaries." (Art. 47, GPI); -U.S. disagrees with this view.f. U.N. personnel during U.N. peace missions."- Spies are not entitled to POW status. (Art. 29, HR and Art. 46, GPI).
38 See I INTERNATIONAL COMMITTEE OF THE RED CROSS, COMMENTARY TO THE GENEVA CONVENTION FOR
AMELIORATION OF THE CONDITION OF THE WOUNDED AND SICK IN ARMED FORCES IN THE FIELD 218 - 258
(Pictet ed. 1952)(Articles 24 - 28). See generalh, ALMABACCINO-ASTRADA, MANUAL ON THE RIGHTSAND
DUTIESOF MEDICAL PERSONNEL IN ARMED CONFLICTS (ICRC, 1982) and Liselotte B. Watson, Status of
Medical and Religiotts Personnel in International Law, JAG J. 41 (Sep-Oct-Nov 1965).
39 See Levie, at 82 - 84; Richard R. Baxter, So-called 'Unprivileged Belligerency': Spies, Guerrillas, and
Saboteurs, MIL. L. REV. BICENTENNIAL ISSUE 487 (1975)(Special Ed.); Albert J. Esgain and Waldemar A.
Solf, Ihe 1949 Geneva Convention Relative to the Treatment of Prisoners of War: Its Principles, Innovations,
and Deficiencies, MIL. L. REV. BICENTENNIAL ISSUE 303 (1975)(Special Ed.).
40 See Memorandum, HQDA, DAJA-IA, 22 January 1991, SUBJECT: Distinction Between
Defectors/Deserters and Enemy Prisoners of War. See also Levie, at 77 -78; James D. Clause, The Status of
Deserters Under the 1949 Geneva Prisoner of War Convention, 11 MIL. L. REV. 15 (1961); and, L.B. Shapiro,
Repatriation of Deserters, 29 BRIT. YB.INT'L L. 3 10 (1952).
41 Not entitled to status if at time of capture, the individual is dressed in civilian clothes and engaged in a
sabotage mission behind enemy lines.-See Exparte Quirin U.S. at 31. See also Levie, Vol59k36-37 and
82-83.
42 If a neutral nation sends a military advisor or some other representative that accompanies an armed force as
an observer then that person, if taken into custody of the armed forces of the adverse Party, would not be
considered a PW. The military representative could be ordered out of, or removed from the theater of war. On
the other hand, if the military representative takes part in the hostilities and acts as a "military advisor" and
renders "military assistance to the armed forces opposing those of the belligerent Power into whose hands they
have fallen, it could be argued that they fall within the ambit of Article 4(A) and that they are therefore entitled
to prisoner-of-war status." Levie, Vol. 59 at 83-84.
43 If a belligerent diplomat, in addition to his political office, is a member of the regular armed forces or is
accompanying the armed forces in the field in one of the categories included in Article 4(A), GPW then he is
subject to capture and to PW status. Levie, Vol 59 at 83, 342n.
44 See John R. Cotton, The Rights ofMercenaries as Prisoners of War, 77 MIL. L. REV. 144 (1977).
45 See Convention on the Safety of United Nations and Associated Personnel, G.A. Res. 49/59,49 U.N.
GAOR Supp. (No. 49), at 299, U.N. Doc. A/49/49 (1994).
89
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