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shall enjoy the protection of the GPW until such time as their status has been determined by acompetent tribunal. 709.3.6 Commencement and Duration of POW Status and Treatment. The GPW applies topersons referred to in Article 4 of the GPW from the time they fall into the power of the enemyuntil their final release and repatriation. 719.3.7 Non-Renunciation of Rights Secured by the GPW. POWs may in no circumstancesrenounce, in part or in entirety, the rights secured to them by the GPW, or by special agreements,if any, that are referred to in Article 6 of the GPW. 72 A similar provision of the GC applies toprotected persons, and similar provisions of the GWS and GWS-Sea apply to the wounded, sick,shipwrecked, and military medical and religious personnel. 73This rule is intended to prevent States from evading their obligations by coercing enemynationals in their power to waive their rights. The prohibition on the non-renunciation of rightsis based on a recognition that: (1) POWs are in a vulnerable position; (2) it would be difficult toestablish whether a POW had voluntarily renounced his or her rights; and (3) an absoluteprohibition would best serve the interests of the majority of POWs. 74The non-renunciation of rights, in particular, prevents a POW from being compelled toserve in the armed forces of the Detaining Power. 75 The non-renunciation of POW rights,however, applies only to those who have fallen into the power of the enemy, and thus would notprevent persons from defecting to the enemy’s side before capture. 76The non-renunciation of rights by the GPW does not prohibit States from affordingPOWs the right to refuse repatriation at the conclusion of the conflict. 7770 Refer to § 4.27.2 (POW Protections for Certain Persons Until Status Has Been Determined); § 4.27.3 (CompetentTribunal to Assess Entitlement to POW Status or Treatment).71 GPW art. 5 (“The present Convention shall apply to the persons referred to in Article 4 from the time they fall intothe power of the enemy and until their final release and repatriation.”).72 GPW art. 7 (“Prisoners of war may in no circumstances renounce in part or in entirety the rights secured to themby the present Convention, and by the special agreements referred to in the foregoing Article, if such there be.”).Refer to § 9.1.2.2 (Special Agreements Under the GPW).73 Refer to § 10.3.6 (Non-Renunciation of Rights Secured by the GC); § 7.2.2 (Non-Renunciation of Rights Securedby the GWS or GWS-Sea).74 See GPW COMMENTARY 89 (“In the end, however, the Diplomatic Conference unanimously adopted the absoluteprohibition mainly because it is difficult, if not impossible, to prove the existence of duress or pressure [against aPOW for him or her to renounce rights]. … [The Diplomatic Conference] adopted the rule because it seemed tosafeguard the interests of the majority. … The Conference also accepted the view that in war-time prisoners in thehands of the enemy are not really in a sufficiently independent and objective state of mind to realize fully theimplications of a renunciation of their rights.”). See also LEVIE, POWS 91 (“Obviously, prisoners of war can nevernegotiate on a basis of equality with the Detaining Power.”).75 Refer to § 9.19.2.3 (Labor Assignments That May Be Compelled).76 Refer to § 4.5.2.6 (Defectors).77 Refer to § 9.37.4.2 (POWs Who Resist Repatriation).521

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