10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

interests of POWs dependent on the same Power. 109 In that case, they shall continue to bePOWs, but shall receive the same treatment as corresponding medical personnel retained by theDetaining Power. 110 They shall be exempted from any other work under Article 49 of theGPW. 1114.5.2.3 Members Who Are Ministers of Religion Without Having Officiated asChaplains to Their Own Forces. Members of the armed forces might be ministers of religion,but might not be designated as military religious personnel. 112 Because such personnel have notbeen designated as military religious personnel, they are combatants, like other members of thearmed forces. 113 However, if they fall into the power of the enemy during international armedconflict, such personnel may minister to fellow POWs. In particular, POWs who are ministers ofreligion, without having officiated as chaplains to their own forces, shall be at liberty, whatevertheir denomination, to minister freely to the members of their community. 114 For this purpose,they shall receive the same treatment as chaplains retained by the Detaining Power. 115 Theyshall not be obliged to do any other work. 1164.5.2.4 Draftees. Some States require military service for categories of theirnationals. The United States employs all-volunteer armed forces, although it has drafted itsnationals into military service in prior conflicts.Under international law, a draftee, i.e., a person who has been compelled to join a State’sarmed forces, is to be treated the same as other members of the armed forces. 1174.5.2.5 Deserters. A deserter from the armed forces of a belligerent who falls intothe power of the enemy in international armed conflict is a POW. 118 Similarly, a deserter who isinterned by a neutral State would also be treated as a POW. 119 The deserter’s relationship with109 GPW art. 32 (“Prisoners of war who, though not attached to the medical service of their armed forces, arephysicians, surgeons, dentists, nurses or medical orderlies, may be required by the Detaining Power to exercise theirmedical functions in the interests of prisoners of war dependent on the same Power.”).110 GPW art. 32 (“In that case they shall continue to be prisoners of war, but shall receive the same treatment ascorresponding medical personnel retained by the Detaining Power.”).111 GPW art. 32 (“They shall be exempted from any other work under Article 49.”).112 Refer to § 4.9.2 (Requirements for Military Medical and Religious Status).113 Refer to § 4.9.2.2 (Designated by Their Armed Forces).114 GPW art. 36 (“Prisoners of war who are ministers of religion, without having officiated as chaplains to their ownforces, shall be at liberty, whatever their denomination, to minister freely to the members of their community.”).115 GPW art. 36 (“For this purpose, they shall receive the same treatment as the chaplains retained by the DetainingPower.”).116 GPW art. 36 (“They shall not be obliged to do any other work.”).117 See 1958 UK MANUAL 89(i) (noting that “[t]he members, male and female, of the land, sea and air forces areentitled to recognition as belligerent forces whether they have joined voluntarily or have been compelled to do so bytheir own law”).118 See GREENSPAN, MODERN LAW OF LAND WARFARE 99 (“Deserters from the enemy do not thereby lose their rightto be treated as prisoners of war if they fall into the hands of the opposing side.”).119 Refer to § 15.16 (Belligerent Forces Taking Refuge in Neutral Territory).115

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!