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detention of protected persons in international armed conflict or occupation. Other legalrationales for the detention of persons in non-international armed conflict also may be available.17.17.1.2 Punitive Detention in Non-International Armed Conflict. During noninternationalarmed conflict, a State could also detain persons pursuant to its criminal law. Forexample, persons who support enemy non-State armed groups could be sentenced to a variety ofoffenses (e.g., murder, criminal conspiracy, treason or other offenses against the State, materialsupport to terrorism or terrorist organizations).17.17.2 Detention by Non-State Armed Groups. Non-State armed groups typicallywould lack domestic legal authority to conduct detention operations. Their actions may besubject to prosecution under domestic statutes making punishable kidnapping, hostage taking,false imprisonment, interference with State officials, etc. Nonetheless, detention during noninternationalarmed conflict by non-State armed groups is not prohibited by international law. Inany case, non-State armed groups that conduct detention operations must provide humanetreatment to detainees.17.17.3 Humane Treatment and Other Applicable Requirements. All persons (includingthose belonging to the State or those belonging to non-State armed groups) who are detained bythe adverse party are entitled to the protections of Common Article 3 of the 1949 GenevaConventions, including humane treatment. 203 Although detainees are afforded humanetreatment, they do not receive POW status. 204Chapter VIII addresses the baseline rules for the humane treatment of detainees thatapply to all U.S. military operations, including those in non-international armed conflict. 20517.18 NON-INTERVENTION AND NEUTRAL DUTIES IN NIAC17.18.1 Duty of Non-Belligerent States to Refrain From Supporting Hostilities by Non-State Armed Groups Against Other States. Under international law, principles of friendlyrelations and non-intervention require States to refrain from supporting non-State armed groupsin hostilities against other States. 206203 Refer to § 8.1.4.1 (Common Article 3 of the 1949 Geneva Conventions).204 See, e.g., BOTHE, PARTSCH, & SOLF, NEW RULES 646 (AP II art. 5, 2.3) (“It must be emphasized in thisconnection that Protocol II does not confer a special status on members of the armed forces of either side capturedby the adverse party similar to the status of a prisoner of war in an international armed conflict. The rebel does notenjoy any privilege with regard to acts committed during the rebellion.”); ICRC AP COMMENTARY 1386 (4570)(“Protocol II, following the example of common Article 3, does not grant a special status to members of the armedforces or armed groups who have fallen into enemy hands. They are not legally prisoners of war entitled to specialprotection; this is why it is so important that the rules laid down in this article [5 of AP II] establish minimumguarantees.”).205 Refer to § 8.1.1 (Overview of Detention Rules in This Manual and the Scope of Chapter VIII).206 See, e.g., Declaration on Principles of International Law concerning Friendly Relations and Co-operationamong States in accordance with the Charter of the United Nations, annex to U.N. GENERAL ASSEMBLYRESOLUTION 2625 (XXV), U.N. Doc. A/RES/2625(XXV) (1970) (“Every State has the duty to refrain fromorganizing or encouraging the organization of irregular forces or armed bands, including mercenaries, for incursioninto the territory of another State. Every State has the duty to refrain from organizing, instigating, assisting or1047