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15.16 BELLIGERENT FORCES TAKING REFUGE IN NEUTRAL TERRITORYNeutral States have rights and duties with respect to the treatment of belligerent Stateforces that enter, or seek to enter, their territory. Generally, a neutral State is required to intern abelligerent State’s forces to ensure that they do not return to the armed conflict. 31415.16.1 Discretion of the Neutral State in Offering Asylum to Belligerent Forces SeekingRefuge. A neutral State has discretion in whether to permit belligerent forces seeking refuge toenter its territory.15.16.1.1 Neutral Right to Deny Access or to Impose Conditions on BelligerentForces. A neutral State is not bound to permit a belligerent State’s forces to enter its territory. 315The neutral State may impose conditions on belligerent forces seeking refuge in its territory. 316In cases of large bodies of belligerent forces seeking refuge in neutral territory, these conditionswill usually be stipulated in an agreement concluded by the representatives of the neutral Stateand the senior officer of the forces. 31715.16.1.2 Neutral Duty to Disarm and Intern the Belligerent Forces. If thebelligerent forces are permitted to seek refuge in neutral territory, the neutral State must takeappropriate measures to ensure that these forces will no longer participate in the armed conflict.314 For example, I REPORT OF THE INTERNATIONAL COMMITTEE OF THE RED CROSS ON ITS ACTIVITIES DURING THESECOND WORLD WAR (SEPTEMBER 1, 1939 - JUNE 30, 1947) 557 (1948) (“Neutral States. – The Swiss Governmentagreed, in June 1940, to receive on their territory and to intern 32,000 men of the 45th French Army Corps and13,000 men of the 2nd Polish Division. After the repatriation of the French internees in January 1941, the PolishDivision remained, and in 1943, the authorities interned 23,000 men of the Italian forces. In addition, individualinternments during hostilities amounted to 7,000 combatants belonging to 37 different nationalities. In September1939, Rumania received 20,000 men of the Polish forces, who were interned. Hungary received 36,000, Lithuania14,000 and Latvia 1,600. Other neutral countries gave refuge to a limited number of military internees of variousnationalities.”); Ex parte Toscano, 208 F. 938, 939 (S.D. CA 1913) (“That for several days prior to April 13, 1913,an armed force of the Constitutionalist army attacked the same town of Naco, and on April 13, 1913, the petitionersand other Federalist troops occupying the said town were defeated and driven out of said town of Naco, and werepursued by the victorious Constitutionalist troops, and to avoid surrendering to the Constitutionalist force, theFederalist troops fled with their arms across the boundary line between the United States and Mexico, and soughtrefuge and asylum from the pursuing enemy in the United States. That immediately upon crossing the said neutralboundary and reaching United States soil, the said petitioners and other Federalist troops belonging to saidbelligerent army voluntarily surrendered themselves to the armed forces of the United States, which said armedforces of the United States, acting under authority of the President of the United States, thereupon disarmed saidbelligerent troops and detained and interned them pending the removal of said belligerent troops to a point withinthe territory of the United States at a distance from the theater of said civil war.”).315 1956 FM 27-10 (Change No. 1 1976) 533 (“A neutral is not bound to permit belligerent troops to enter itsterritory.”).316 1956 FM 27-10 (Change No. 1 1976) 534 (“If troops or soldiers of a belligerent are permitted to seek refuge inneutral territory, the neutral is authorized to impose the terms upon which they may do so.”).317 1956 FM 27-10 (Change No. 1 1976) 534 (“In cases of large bodies of troops seeking refuge in neutral territory,these conditions will usually be stipulated in a convention drawn up by the representatives of the neutral power andthe senior officer of the troops.”).984