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9.12 SEGREGATION OF POWSAlthough the Detaining Power must treat POWs without any adverse distinction basedupon race, nationality, religion, or political belief, or any other distinction based upon similarcriteria, 234 the Detaining Power shall assemble POWs in camps or camp compounds according totheir nationality, language, and customs, and may use other similar criteria to segregate detaineesin order to maintain order in the camps or to impose punishment, or for medical reasons.9.12.1 Assembling According to Nationality, Language, and Customs. The DetainingPower shall assemble POWs in camps or camp compounds according to their nationality,language, and customs, provided that such POWs shall not be separated from POWs belongingto the armed forces with which they were serving at the time of their capture, except with theirconsent. 235 For example, unless they otherwise consent, POWs who are serving in the armedforces of a State of which they are not nationals should be quartered with POWs from that Stateas opposed to with POWs of their nationality.The assembling of POWs on the basis of nationality, language, and customs is intendedto ameliorate the possibility of cultural conflicts within POW camps, such as those that occurredduring World War I. 2369.12.1.1 Other Permissible Criteria for Segregating POWs. In addition tonationality, language, and customs, the Detaining Power may segregate POWs along the basis ofother criteria to advance legitimate interests, such as maintaining order in camps or imposingpunishment, or for medical reasons. 237 For example, it may be appropriate to segregate POWson the basis of political opinion. 238 POWs who are deserters or who fear attacks by other POWsmay also be segregated. 239 In addition, it may be appropriate to segregate POWs based on234 Refer to § 9.5.5 (No Adverse Distinction Based on Race, Nationality, Religion, or Political Belief).235 GPW art. 22 (“The Detaining Power shall assemble prisoners of war in camps or camp compounds according totheir nationality, language and customs, provided that such prisoners shall not be separated from prisoners of warbelonging to the armed forces with which they were serving at the time of their capture, except with their consent.”).236 GPW COMMENTARY 183 (“The First World War was the first occasion on which soldiers of every race andnationality fought on the same battlefields, and the very varied composition of armed forces sometimes raiseddifficult problems for the Detaining Powers. It was difficult to expect men to live side by side solely because theyhad belonged to the same armed forces when not only their culture and civilization were very different, but also theyhad customs and habits which differed very much, for instance in matters of hygiene.”).237 1956 FM 27-10 (Change No. 1 1976) 92b (“The foregoing provision [GPW art. 16] does not preclude thesegregation of prisoners of war to maintain order in camps, to impose punishment, or for medical reasons.”).238 For example, LEVIE, POWS 178 (“The incidents which occurred in the prisoner-of-war camps there [during theKorean War] demonstrated that where ideology is concerned, and where there is a major schism within the prisonerof-wargroup itself, segregation by political opinion may be an absolute requirement in order to ensure the safety ofmany of the prisoners of war. Once again, it is necessary to state that there is no valid objection to this procedure aslong as there is, nevertheless, compliance with the provisions of the third paragraph of Article 22 and as long asthere is no discrimination in the treatment received by the individuals confined in different camps or compounds.”).239 For example, Gordon Risius, Prisoners of War in the United Kingdom, in PETER ROWE, THE GULF WAR 1990-91IN INTERNATIONAL AND ENGLISH LAW 289, 298 (1993) (“Four [Iraqi] prisoners [of war held in the United Kingdom]were accommodated separately at their own request. They considered themselves to be deserters, and wereconcerned that they might be attacked by the other prisoners if they were not segregated.”).544