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7.9.4.1 Treatment Pending Return. Pending their return, such personnel whoseretention is not indispensable shall not be deemed POWs; nevertheless, they shall at least benefitfrom all the provisions of the GPW. 215 They shall continue to fulfill their duties under the ordersof the adverse party and shall preferably be engaged in the care of the wounded and sick of theparty to the conflict to which they themselves belong. 216On their departure, they shall take with them the effects, personal belongings, valuables,and instruments belonging to them. 2177.9.4.2 Selection of Personnel for Return. The selection of personnel for returnunder Article 30 of the GWS shall be made irrespective of any consideration of race, religion, orpolitical opinion, but preferably according to the chronological order of their capture and theirstate of health. 2187.9.4.3 Special Agreements on the Percentage of Personnel to Be Retained. Asfrom the outbreak of hostilities, parties to the conflict may determine by special agreement thepercentage of personnel to be retained, in proportion to the number of POWs and the distributionof these medical and religious personnel in the camps. 2197.9.5 Rights and Privileges of Retained Personnel.7.9.5.1 POW Treatment as a Minimum. Retained personnel shall receive, as aminimum, the benefits and protection of the GPW. 2207.9.5.2 All Facilities Necessary to Provide for the Medical Care of, and ReligiousMinistration to, POWs. Retained personnel shall also be granted all facilities necessary toprovide for the medical care of, and religious ministration to, POWs. 221215 GWS art. 30 (“Pending their return, they shall not be deemed prisoners of war. Nevertheless they shall at leastbenefit by all the provisions of the Geneva Convention relative to the Treatment of Prisoners of War of August 12,1949.”).216 GWS art. 30 (“They shall continue to fulfil their duties under the orders of the adverse Party and shall preferablybe engaged in the care of the wounded and sick of the Party to the conflict to which they themselves belong.”).217 GWS art. 30 (“On their departure, they shall take with them the effects, personal belongings, valuables andinstruments belonging to them.”).218 GWS art. 31 (“The selection of personnel for return under Article 30 shall be made irrespective of anyconsideration of race, religion or political opinion, but preferably according to the chronological order of theircapture and their state of health.”).219 GWS art. 31 (“As from the outbreak of hostilities, Parties to the conflict may determine by special agreement thepercentage of personnel to be retained, in proportion to the number of prisoners and the distribution of the saidpersonnel in the camps.”).220 GWS art. 28 (Retained personnel “shall at least benefit by all the provisions of the Geneva Convention relative tothe Treatment of Prisoners of War of 12 August 1949.”); GPW art. 33 (“Members of the medical personnel andchaplains while retained by the Detaining Power with a view to assisting prisoners of war, shall … receive as aminimum the benefits and protection of the present Convention,”).221 GPW art. 33 (“Members of the medical personnel and chaplains while retained by the Detaining Power with aview to assisting prisoners of war, shall not be considered as prisoners of war. They shall, however, receive as a442

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