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favorable treatment of POWs held by the U.S. armed forces can promote the favorable treatmentof members of the U.S. armed forces held by enemy States. 40A similar concept may also be found in provisions of the GPW that provide for thetreatment of POWs with reference to the treatment of the armed forces of the Detaining Power.For example, POWs shall be quartered under conditions as favorable as those for the forces ofthe Detaining Power who are billeted in the same area. 41 Similarly, in judicial proceedings,POWs should benefit from the same courts and same procedures as the members of the armedforces of the Detaining Power. 429.3 POW STATUS9.3.1 POW Status Versus POW Protections. In some cases, the policy of the UnitedStates has been to afford detainees certain POW protections even when they may not apply as amatter of law. 43 Certain POW protections may be afforded to an individual without affecting thelegal status of that individual or the legal status of a group to which that person belongs. 449.3.2 Persons Entitled to POW Status. During international armed conflict, personsentitled to POW status, if they fall into the power of the enemy, include: 4540 For example, Martin Tollefson, Enemy Prisoners of War, 31 IOWA LAW REVIEW 51, 56 footnote 8 (1946) (“Thewriter of this law review article was a member of a committee of three officers sent by the Secretary of War toinspect concentration camps, civilian internee camps, and prisoner-of-war camps in Germany immediately upontheir liberation. Testimony was frequently and freely given to these committee members by Americans held asprisoners of war (not in concentration camps where American servicemen were not interned) to the effect that theyhad been given better treatment as a result of the fair treatment given by the United States to German prisoners.Occasionally testimony was given by interned Americans that they were of the opinion that the reason they survivedprisoner of war internment in Germany was the result of fair treatment of German prisoners.”).41 Refer to 9.11.6 (Conditions of Living Quarters).42 Refer to § 9.28.2 (Same Courts and Same Procedures).43 For example, MAJOR GENERAL GEORGE S. PRUGH, LAW AT WAR: VIETNAM 1964-1973 66 (1975) (“Theclassification of Viet Cong combatants and Viet Cong suspects posed an interesting legal problem. Because itbelieved the Viet Cong were traitors and criminals, the Vietnam government was reluctant to accord prisoner of warstatus to Viet Cong captives. Furthermore it was certainly arguable that many Viet Cong did not meet the criteria ofguerrillas entitled to prisoner of war status under Article 4, Geneva Prisoner of War Conventions. However, civilincarceration and criminal trial of the great number of Viet Cong was too much for the civil resources at hand. Inaddition, Article 22 prohibited the mingling of civil defendants with prisoners of war. By broadly construing Article4, so as to accord full prisoner of war status to Viet Cong Main Force and Local Force troops, as well as regularNorth Vietnamese Army troops, any Viet Cong taken in combat would be detained for a prisoner of war camp ratherthan a civilian jail. The MACV policy was that all combatants captured during military operations were to beaccorded prisoner of war status, irrespective of the type of unit to which they belonged. Terrorists, spies, andsaboteurs were excluded from consideration as prisoners of war. Suspected Viet Cong captured undercircumstances not warranting their treatment as prisoners of war were handled as civilian defendants.”).44 Compare § 17.2.3 (Application of Humanitarian Rules and the Legal Status of the Parties to the Conflict).45 GPW art. 4A (“Prisoners of war, in the sense of the present Convention, are persons belonging to one of thefollowing categories, who have fallen into the power of the enemy: (1) Members of the armed forces of a Party tothe conflict, as well as members of militias or volunteer corps forming part of such armed forces. (2) Members ofother militias and members of other volunteer corps, including those of organized resistance movements, belongingto a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided517