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• members of the armed forces of a State that is a party to the conflict, including; 46o deserters; 47 ando military medical and religious personnel not entitled to retained personnel status(e.g., those not exclusively engaged in medical duties at the time of theircapture); 48• members of certain militia and volunteer corps; 49• members of regular armed forces who profess allegiance to a government or authority notrecognized by Detaining Power; 50• persons authorized to accompany the armed forces; 51• members of crews of merchant marine vessels or civil aircraft; 52 and• participants in a levée en masse. 539.3.2.1 Persons Who Are Not Entitled to POW Status. Certain categories ofpersons are not entitled to POW status:• spies, saboteurs, and other persons engaging in similar acts behind enemy lines; 54 andthat such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions:(a) that of being commanded by a person responsible for his subordinates; (b) that of having a fixed distinctive signrecognizable at a distance; (c) that of carrying arms openly; (d) that of conducting their operations in accordancewith the laws and customs of war. (3) Members of regular armed forces who profess allegiance to a government oran authority not recognized by the Detaining Power. (4) Persons who accompany the armed forces without actuallybeing members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors,members of labour units or of services responsible for the welfare of the armed forces, provided that they havereceived authorization from the armed forces which they accompany, who shall provide them for that purpose withan identity card similar to the annexed model. (5) Members of crews, including masters, pilots and apprentices, ofthe merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by morefavourable treatment under any other provisions of international law. (6) Inhabitants of a non-occupied territory,who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had timeto form themselves into regular armed units, provided they carry arms openly and respect the laws and customs ofwar.”).46 Refer to § 4.5 (Armed Forces of a State).47 Refer to § 4.5.2.5 (Deserters).48 Refer to § 4.9.2 (Requirements for Military Medical and Religious Status).49 Refer to § 4.6 (Other Militia and Volunteer Corps).50 Refer to § 4.5.3 (Regular Armed Forces Who Profess Allegiance to a Government or an Authority NotRecognized by the Detaining Power).51 Refer to § 4.15 (Persons Authorized to Accompany the Armed Forces).52 Refer to § 4.16 (Crews of Merchant Marine Vessels or Civil Aircraft).53 Refer to § 4.7 (Levée en Masse).518

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