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110 of the GPW. 874 For example, able-bodied POWs who are voluntarily repatriated by theunilateral decision of the Detaining Power during hostilities may be employed on active militaryservice. 8759.36.7.2 Active Military Service. Not all military service is “active militaryservice.” Repatriated persons may remain employed on military service. 876 What “activemilitary service” they may engage in after repatriation may be the subject of agreements pursuantto Articles 109 and 110 of the GPW. Absent such agreements, active military service may beunderstood as broadly covering any participation, whether direct or indirect, in armed operationsagainst the former Detaining Power or its allies, but to exclude medical work or strictlyadministrative duties. 8779.37 RELEASE AND REPATRIATION AFTER HOSTILITIESPOWs shall be released and repatriated without delay after the cessation of activehostilities. 878874 See 1958 UK MANUAL 262 note 1 (“This article repeats the provisions of the 1929 Convention, Art. 74, whichwas considered to apply only to prisoners who were repatriated sick or wounded and not to exchanges byagreements made outside the Convention. This would also seem to be the proper scope of Art. 117.”); GPWCOMMENTARY 538 (“The Article covers prisoners of war repatriated by the Detaining Power pursuant to Articles109 and 110, that is to say seriously wounded or seriously sick prisoners of war whom the Detaining Power isrequired to repatriate regardless of number or rank (Article 109, paragraph 1), prisoners of war accommodated in aneutral country and subsequently repatriated following an agreement between the Powers concerned (Article 110,paragraph 2), and lastly, able-bodied prisoners of war who have undergone a long period of captivity and arerepatriated by agreement between the Powers concerned (Article 109, paragraph 2).”).875 2004 UK MANUAL 8.155.1 footnote 417 (“Despite its apparent general application, Art 117 is taken to applyonly to PW repatriated under the special rules laid down in Arts 109-110 (see Pictet, Commentary, vol III, 538). Itdoes not apply to able-bodied PW who are voluntarily repatriated by the unilateral decision of the detaining powerduring hostilities. The UK sent members of the Royal Marine garrison of the Falkland Islands, who had beencaptured and then repatriated by Argentina, back into combat with the Task Force that re-took the Islands in 1982.”).876 See II-A FINAL RECORD OF THE DIPLOMATIC CONFERENCE OF GENEVA OF 1949 573 (“Articles 106 (Costs) and107 (Activity after repatriation) reproduce the corresponding provisions of the 1929 Convention. It may bementioned, however, that the word ‘active’ in the expression ‘active military service’ in Article 107 gave rise to longdiscussion. Some Delegations wished to see it deleted; others were in favour of keeping it because it is usual formany repatriated prisoners of war to depend on the administrative service of armies. Finally, the proposal to deletethe word was rejected by the Committee by a small majority.”).877 See GPW COMMENTARY 539 (“In interpreting this phrase, the spirit of the Convention rather than nationallegislation should serve as a guide. It is, of course, difficult to give a precise definition, but the expression may beconsidered as broadly covering any participation, whether direct or indirect, in armed operations against the formerDetaining Power or its allies. In effect, Article 117 forbids any repatriated person to serve in units which form partof the armed forces but does not prevent their enrolment in unarmed military units engaged solely in auxiliary,complementary or similar work. In concluding agreements pursuant to Articles 109 and 110, the Parties concernedare at liberty to stipulate what is meant by ‘active’ service in the particular case concerned.”); 1956 FM 27-10(Change No. 1 1976) 196b (“Although it is not possible to frame any comprehensive rule concerning whatconstitutes ‘active military service,’ Article 117 does not preclude a repatriated person from performing medical orstrictly administrative duties but does foreclose service in combat against the power formerly detaining theindividual or an ally thereof.”).878 GPW art. 118 (“Prisoners of war shall be released and repatriated without delay after the cessation of activehostilities.”).632