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liberty from the belligerent forces that previously held them captive, and that if the neutral Stateallows them to remain on its territory, it may assign them a place of residence.POWs brought into a neutral State by belligerent forces taking refuge are released fromtheir captivity by the belligerent forces that previously held them because of a concern that thedetention operations by the belligerent forces would constitute a form of continuation ofhostilities on neutral territory and because the POWs probably would have been freed had thebelligerent forces not taken refuge in neutral territory. 34815.17.3 POWs Brought to a Neutral State by Special Agreement Among the Neutral Stateand the Parties to a Conflict. POWs may be brought to a neutral State for internment by a specialagreement among the neutral State and the parties to the conflict. 349 Wounded and sick POWsmay also be brought to neutral countries for accommodation by a special agreement among theneutral State and the parties to the conflict. 350Such special agreements must not adversely affect the situation of POWs, nor restrict therights that the GPW confers upon them. 35115.17.4 Certain Classes of Protected Persons Brought to a Neutral State by SpecialAgreement Among the Neutral State and the Parties to a Conflict. Certain classes of civilianinternees may be brought to a neutral State for internment by a special agreement among theneutral State and the parties to the conflict. 352 Agreements may also be concluded for childrenunder the age of fifteen who are orphaned or separated from their families to stay in neutralcountries. 353348 See JAMES BROWN SCOTT, THE PROCEEDINGS OF THE HAGUE PEACE CONFERENCES: I THE CONFERENCE OF 1907144 (1920) (“Ought prisoners of war brought into the territory of a neutral State by belligerent troops who takerefuge there, to become free, or should they be interned like the troops? Upon the motion of the Netherlanddelegation the Commission declared for the first solution. The only obstacle to the freedom of the prisoners herereferred to lies in the actual power that the belligerent forces which captured them are exercising over them, and thisactual power vanishes the moment the captor takes refuge in the territory of a neutral State. Moreover, troops takingthis extreme step, do so in order to escape from an enemy who is pressing them, and from a capitulation whoseeffect would of course be to free the prisoners in their power.”); Caleb Cushing, Attorney General, BelligerentAsylum, Apr. 28, 1855, 7 OPINIONS OF THE ATTORNEY GENERAL 122, 131 (1856) (“From all these premises, theconsequences are inevitable in regard to the prisoners on board the Sitka. So long as they remained on board thatship, they were in the territory and jurisdiction of her sovereign. There, the neutral has no right to meddle withthem. If, indeed, they be landed, then they pass from the jurisdiction of the belligerent to that of the neutral; theybecome practically free, because their detention is forcible, and force cannot be exercised on the neutral territory;”).349 Refer to § 9.36.3 (Agreements to Intern POWs in Neutral Territory).350 Refer to § 9.36.2 (Accommodation in Neutral Countries).351 Refer to § 9.1.2.2 (Special Agreements Under the GPW).352 Refer to § 10.9.6 (Agreements for the Release, Return, or Accommodation in a Neutral Country of CertainClasses of Internees).353 Refer to § 4.20.1.1 (Children Under Fifteen Who Are Orphaned or Separated).990