5cjxburmr

• persons who are nationals of the Detaining Power or its co-belligerents, 55 such as adefector who subsequently is captured by the force from which he or she defected. 569.3.2.2 Examples of Categories of Persons Who Are Not Necessarily ExcludedFrom POW Status. The following categories of persons are not necessarily excluded from POWstatus simply because they belong to one of these categories:• mercenaries; 57• persons who are alleged to have committed war crimes; 58• nationals of neutral or non-belligerent States serving in the armed forces of an enemyState; 59 and• persons whose capture has not been acknowledged by the Power to which they belong. 609.3.3 Persons Entitled to POW Treatment. Certain persons, although not entitled to POWstatus, shall likewise be treated as POWs under the GPW:• persons belonging, or having belonged, to the armed forces of an Occupied State if it isdeemed necessary to intern them; 61 and• persons belonging to one of the categories enumerated in Article 4 of the GPW who havebeen received by neutral or non-belligerent Powers on their territory and whom thesePowers are required to intern under international law. 629.3.4 Fallen Into the Power of the Enemy.9.3.4.1 Having Fallen. Persons must have “fallen” into the power of the enemy toreceive POW status. 6354 Refer to § 4.17 (Spies, Saboteurs, and Other Persons Engaging in Similar Acts Behind Enemy Lines).55 Refer to § 4.4.4 (Nationality and Combatant Status).56 Refer to § 4.5.2.6 (Defectors).57 Refer to § 4.21 (Mercenaries).58 Refer to § 9.26.4 (Retention of Benefits of the GPW Even if Prosecuted for Pre-Capture Acts).59 Refer to § 4.4.4.1 (Nationals of Neutral States in Enemy Forces).60 For example, 2004 UK MANUAL 8.3 footnote 20 (“During the Gulf conflict 1991, the Iraqi action in declaringthat captured aircrew would only be treated as prisoners of war (PW) if the coalition forces admitted that they hadbeen captured was a clear breach of GC III, Art 4.”).61 Refer to § 4.5.4 (Persons Belonging, or Having Belonged, to the Armed Forces of an Occupied State).62 Refer to § 15.16.3.1 (Provision of POW Treatment and Application of the GWS and GWS-Sea by Analogy).63 Compare § 10.3.2.1 (“Find Themselves”).519