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POWs against whom criminal proceedings for an indictable offense are pending may bedetained until the end of such proceedings, and, if necessary, until the completion of thepunishment. 898 The same shall apply to POWs already convicted for an indictable offense. 899In fact, in most instances, as the Supreme Court has observed, the practical administrationof the system of military justice under the law of war would fail if such authority were thought toend with the cessation of hostilities because only after their cessation could the greater number ofoffenders and the principal ones be apprehended and tried. 900Parties to the conflict shall communicate to each other the names of any POWs who aredetained until the end of the proceedings or until punishment has been completed. 901The GPW does not prohibit the extradition of POWs to other Parties to the GPW to facecriminal charges. 902POWs held after the cessation of active hostilities on this basis, even if they have beenconvicted, remain entitled to the benefits of the GPW until they are released and repatriated. 9039.37.5 Commissions to Search for Dispersed POWs. By agreement between the partiesto the conflict, commissions shall be established for the purpose of searching for dispersedPOWs and of ensuring their repatriation with the least possible delay. 904897 Compare § 9.27.7 (Disciplinary Punishment and Repatriation or Accommodation in a Neutral Country).898 GPW art. 119 (“Prisoners of war against whom criminal proceedings for an indictable offence are pending maybe detained until the end of such proceedings, and, if necessary, until the completion of the punishment.”).899 GPW art. 119 (“The same shall apply to prisoners of war already convicted for an indictable offence.”).900 See In re Yamashita, 327 U.S. 1, 12 (1946) (“We cannot say that there is no authority to convene a commissionafter hostilities have ended to try violations of the law of war committed before their cessation, at least until peacehas been officially recognized by treaty or proclamation of the political branch of the Government. In fact, in mostinstances the practical administration of the system of military justice under the law of war would fail if suchauthority were thought to end with the cessation of hostilities. For only after their cessation could the greaternumber of offenders and the principal ones be apprehended and subjected to trial.”).901 GPW art. 119 (“Parties to the conflict shall communicate to each other the names of any prisoners of war who aredetained until the end of the proceedings or until punishment has been completed.”).902 See Noriega v. Pastrana, 564 F.3d 1290, 1298 (11th Cir. Fla. 2009) (“As a result of Noriega’s conviction in theUnited States, article 119 authorized the United States to prolong his detention for the duration of his sentence—beyond the cessation of hostilities between the United States and Panama. Nowhere, however, is it suggested that aprisoner of war may not be extradited from one party to the Convention to face criminal charges in another. Nor dothe stated purposes of articles 118 and 119, as reflected by their commentary, preclude detention in thesecircumstances: article 118 is intended to prohibit ‘prolong[ed] war captivity,’ while article 119 unambiguouslyreflects the intention of the drafters to permit detention of prisoners of war subject to criminal proceedings.”).903 Refer to § 9.3.6 (Commencement and Duration of POW Status and Treatment).904 GPW art. 119 (“By agreement between the Parties to the conflict, commissions shall be established for thepurpose of searching for dispersed prisoners of war and of assuring their repatriation with the least possible delay.”).637