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legal obligation, the fundamental guarantees reflected in Article 75 of AP I as minimumstandards for the humane treatment of all persons detained during international armed conflict. 4064.19.3.2 Cases of Doubt. During international armed conflict, in cases of doubt asto whether a person held as an unprivileged belligerent is, in fact, a POW or entitled to POWtreatment, that person should enjoy POW protections until their status is assessed by a competenttribunal. 4074.19.3.3 Necessary Security Measures. A State may take necessary securitymeasures with regard to unprivileged belligerents.Since they have engaged in hostilities, unprivileged belligerents, or persons suspected ofbeing unprivileged belligerents, may be denied certain privileges to which they might otherwisebe entitled under the law of war. For example, the rights of unprivileged belligerents who areentitled to “protected person” status under the GC would be subject to derogation for securityreasons. 408 However, unprivileged belligerents who are protected by the GC should be affordedits full protections when feasible. 4094.19.3.4 Duration of Detention. Unprivileged belligerents who are detained inorder to prevent their further participation in hostilities generally must be released whenhostilities have ended, unless there is another legal basis for their detention. 410 DoD practice hasbeen to review periodically the detention of all persons not afforded POW status or treatment. 4114.19.4 Unprivileged Belligerents – Liability for Participation in Hostilities. Althoughinternational law affords lawful combatants a privilege or immunity from prosecution, 412unprivileged belligerents lack such protection. 413 A State may punish unprivileged enemybelligerents, 414 subject to applicable requirements, such as a fair trial. 415406 Refer to § 8.1.4.2 (Article 75 of AP I and Relevant AP II Provisions).407 Refer to § 4.27.2 (POW Protections for Certain Persons Until Status Has Been Determined).408 Refer to § 10.4 (Derogation for Security Reasons).409 Refer to § 10.4.4 (Limits on Derogation).410 Refer to § 8.14.3.1 (Participants in Hostilities or Persons Belonging to Armed Groups That Are Engaged inHostilities).411 Refer to § 8.14.2 (Review of Continued Detention for Security Reasons).412 Refer to § 4.4.3 (Combatants - Legal Immunity From a Foreign State’s Domestic Law).413 Refer to § 4.17.5 (Spying and Sabotage – Forfeiture of the Privileges of Combatant Status); § 4.18.3 (PrivatePersons Who Engage in Hostilities – Lack of the Privileges of Combatant Status).414 See, e.g., 1956 FM 27-10 (Change No. 1 1976) 73 (“The foregoing provisions [of article 5 of the GC] impliedlyrecognize the power of a Party to the conflict to impose the death penalty and lesser punishments on spies,saboteurs, and other persons not entitled to be treated as prisoners of war, except to the extent that that power hasbeen limited or taken away by Article 68, GC (par. 438).”); LIEBER CODE art. 88 (“The spy is punishable with deathby hanging by the neck, whether or not he succeed in obtaining the information or in conveying it to the enemy.”).415 See HAGUE IV REG. art. 30 (“A spy taken in the act shall not be punished without previous trial.”).164