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The State appointed to be a Protecting Power must be able to fulfill the ProtectingPower’s responsibilities. 158 This State should be neutral or non-belligerent with respect to theconflict in question. 159 However, the State need not be a traditionally neutral power, such asSweden or Switzerland. 160 In cases where a State serving as a Protecting Power enters the armedconflict, another State may assume the responsibilities of the Protecting Power. 161 A State mayserve as the Protecting Power for more than one side in an armed conflict. 16218.15.2.1 Agreement for an Impartial and Effective Organization to PerformProtecting Power Duties Under the 1949 Geneva Conventions. The Parties to the 1949 GenevaConventions may at any time agree to entrust to an organization that offers all guarantees ofimpartiality and efficacy the duties incumbent on Protecting Powers by virtue of the 1949Geneva Conventions. 16318.15.2.2 Obligation on the Detaining Power to Seek a Protecting Power ifPersons Protected by the 1949 Geneva Conventions Do Not Benefit From One. When thewounded and sick, shipwrecked, medical personnel and chaplains, POWs, or protected personsunder the GC do not benefit or cease to benefit from the activities of a Protecting Power or animpartial and effective organization that performs the duties of the Protecting Power, theDetaining Power shall request a neutral State or such an organization to undertake the functionsperformed under the 1949 Geneva Conventions by a Protecting Power designated by the partiesto a conflict. 164158 See GWS art. 10 (States and organizations fulfilling the duties of a Protecting Power “shall be required to actwith a sense of responsibility towards the Party to the conflict on which persons protected by the present Conventiondepend, and shall be required to furnish sufficient assurances that it is in a position to undertake the appropriatefunctions and to discharge them impartially.”); GWS-SEA art. 10 (same); GPW art. 10 (same); GC art. 11 (same).159 See GWS art. 10 (When persons protected by the Convention do not benefit from a Protecting Power, “theDetaining Power shall request a neutral State, or such an organization, to undertake the functions performed underthe present Convention by a Protecting Power designated by the Parties to a conflict.”); GWS-SEA art. 10 (same);GPW art. 10 (same); GC art. 11 (same). Cf. GWS art. 8 (contemplating that “Protecting Powers may appoint, apartfrom their diplomatic or consular staff, delegates from amongst their own nationals or the nationals of other neutralPowers) (emphasis added); GWS-SEA art. 8 (same); GPW art. 8 (same); GC art. 9 (same).160 For example, during the Franco-Prussian War (1870-71), “Great Britain was charged with the protection of theFrench in Germany; and the United States, Russia, and Switzerland acted as Protecting Powers in France for thevarious German States.” LEVIE, POWS 256. At various times during World War II, “Spain acted as the ProtectingPower for Japan in the continental United States, while Sweden acted for her in Hawaii, and Switzerland inAmerican Samoa.” LEVIE, POWS 257.161 See LEVIE, POWS 259 (“The practice was adopted that when a neutral which had been acting as a ProtectingPower itself became embroiled in the conflict, a successor Protecting Power would be designated to fill thevacuum.”).162 For example, during the “Sino-Japanese War (1894-95) each side requested the United States to act as itsProtecting Power, and so we find the same State acting as the Protecting Power for each belligerent within theterritory of the other.” LEVIE, POWS 257.163 GWS art. 10 (“The High Contracting Parties may at any time agree to entrust to an organization which offers allguarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the presentConvention.”); GWS-SEA art. 11 (same); GPW art. 10 (same); GC art. 11 (same).164 GWS art. 10 (“When wounded and sick, or medical personnel and chaplains do not benefit or cease to benefit, nomatter for what reason, by the activities of a Protecting Power or of an organization provided for in the first1087

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