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10.3.3 Categories of Nationals Specifically Excluded From the Definition of ProtectedPerson Under the GC. As discussed in this subsection, the GC specifically excludes certainclasses of persons from the definition of protected person. 37The provisions of Part II of the GC, which address the general protection of populationsagainst certain consequences of war, are, however, wider in application, as defined in Article 13of the GC. 38 These provisions cover the whole of the populations in conflict without any adversedistinction based, in particular, on race, nationality, religion, or political opinion, and areintended to alleviate the sufferings caused by war. 39 Thus, persons excluded by reason of theirnationality from the definition of protected person may nonetheless receive the protections ofPart II of the GC.10.3.3.1 A State’s Own Nationals. In general, a State’s own nationals who are inits hands are not protected persons under the GC. 40 This exclusion from the definition of“protected person” in the GC is consistent with a traditional principle of international law—theGC “does not interfere in a State’s relations with its own nationals.” 41 However, the GC doeslimit the arrest, prosecution, conviction, or deportation of nationals of any Occupying Powerwho, before the outbreak of hostilities, have sought refuge in the territory of the occupied State. 4210.3.3.2 Nationals of a State That Is Not Bound by the GC. Nationals of a Statethat is not bound by the GC are not protected by it. 43 This provision of the GC reflects a legalprinciple underlying the GC: a State must accept the burdens of the GC in order to receive itsbenefits. 4437 Compare § 4.4.4 (Nationality and Combatant Status).38 See GC art. 4 (“The provisions of Part II are, however, wider in application, as defined in Article 13.”).39 GC art. 13 (“The provisions of Part II cover the whole of the populations of the countries in conflict, without anyadverse distinction based, in particular, on race, nationality, religion or political opinion, and are intended toalleviate the sufferings caused by war.”).40 GC art. 4 (“Persons protected by the Convention are those who, at a given moment and in any manner whatsoever,find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power ofwhich they are not nationals.”) (emphasis added).41 GC COMMENTARY 46 (“The definition has been put in a negative form; as it is intended to cover anyone who isnot a national of the Party to the conflict or Occupying Power in whose hands he is. The Convention thus remainsfaithful to a recognized principle of international law: it does not interfere in a State’s relations with its ownnationals. The only exception to this rule is the second paragraph of Article 70, which refers to nationals of theOccupying Power who sought refuge in the territory of the occupied State before the outbreak of hostilities. This isa very special case, based on the position such people have taken up with regard to their own country.”).42 Refer to § 11.11.7 (Limitation on Criminal Jurisdiction With Respect to Pre-Occupation Acts).43 GC art. 4 (“Nationals of a State which is not bound by the Convention are not protected by it.”).44 Jack L. Goldsmith III, Assistant Attorney General, “Protected Person” Status in Occupied Iraq Under the FourthGeneva Convention, Mar. 18, 2004, 28 OPINIONS OF THE OFFICE OF LEGAL COUNSEL 35, 54 (“The benefits-burdensprinciple also finds expression in article 4(2), which provides: ‘Nationals of a State which is not bound by theConvention are not protected by it.’ The ICRC’s Official Commentary states that article 4(2)’s exception to thedefinition of “protected person” in article 4(1) is a ‘truism’ and an ‘unnecessary addition’ that follows naturally fromarticle 2(1) even in the absence of article 4(2). See 4 Pictet, Commentary at 48. Whether or not this is true, article4(2) makes this much clear: persons in occupied territory, including those who commit hostile acts there, are not651