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State’s warship or a neutral State’s military aircraft, it shall be ensured, where so required byinternational law, that they can take no further part in operations of war. 32515.16.2.3 Wounded and Sick Disembarked From Belligerent Medical Aircraft.Unless otherwise agreed between the neutral State and the belligerent States, the wounded andsick who are disembarked, with the consent of the local authorities, on neutral territory bymedical aircraft, shall be detained by the neutral State, where so required by international law, insuch a manner that they cannot again take part in military operations. 326The cost of their accommodation and internment shall be borne by the State on whichthey depend. 32715.16.3 Conditions of Internment in a Neutral State. The neutral State may keepbelligerent forces in camps and even confine them in military compounds or in places set apartfor the purpose of internment. 328 Belligerent forces should be interned, as far as possible, at adistance from the theater of war. 32915.16.3.1 Provision of POW Treatment and Application of the GWS and GWS-Sea by Analogy. Under Article 4B(2) of the GPW, persons who are entitled to POW status ifthey fall into the power of the enemy during international armed conflict are generally entitled toPOW treatment, as a minimum, if they are interned by a neutral State under its duties underinternational law. 330325 GWS-SEA art. 15 (“If wounded, sick, or shipwrecked persons are taken on board a neutral warship or a neutralmilitary aircraft, it shall be ensured, where so required by international law, that they can take no further part inoperations of war.”).326 GWS art. 37 (“Unless otherwise agreed between the neutral Power and the Parties to the conflict, the woundedand sick who are disembarked, with the consent of the local authorities, on neutral territory by medical aircraft, shallbe detained by the neutral Power, where so required by international law, in such a manner that they cannot againtake part in operations of war.”); GWS-SEA art. 40 (same).327 GWS art. 37 (“The cost of their accommodation and internment shall be borne by the Power on which theydepend.”); GWS-SEA art. 40 (same).328 HAGUE V art. 11 (“It may keep them in camps and even confine them in fortresses or in places set apart for thispurpose.”).329 HAGUE V art. 11 (“A neutral Power which receives on its territory troops belonging to the belligerent armies shallintern them, as far as possible, at a distance from the theatre of war.”). Refer to § 9.11.4.1 (Avoidance of theCombat Zone); § 9.11.3 (Location of POW Camps).330 GPW art. 4B (“The following shall likewise be treated as prisoners of war under the present Convention: … (2)The persons belonging to one of the categories enumerated in the present Article, who have been received by neutralor 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 exceptionof Articles 8, 10, 15, 30, fifth paragraph, 58-67, 92, 126 and, where diplomatic relations exist between the Parties tothe 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 toperform towards them the functions of a Protecting Power as provided in the present Convention, without prejudiceto the functions which these Parties normally exercise in conformity with diplomatic and consular usage andtreaties.”). Refer to § 9.3.3 (Persons Entitled to POW Treatment).986

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