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10.3.3.3 Nationals of a Neutral State or Co-Belligerent State While NormalDiplomatic Representation Exists. Nationals of a neutral State who find themselves in theterritory of a belligerent State, and nationals of a co-belligerent State, shall not be regarded asprotected persons while the State of which they are nationals has normal diplomaticrepresentation in the State in whose hands they are. 45These persons were omitted from the GC’s definition of “protected person” in order toavoid creating complications or inconsistencies in procedures should both the GC and the lawapplicable to normal diplomatic representation apply. 46Nationals of a neutral State in occupied territory, however, are regarded as protectedpersons under the GC. 4710.3.4 Commencement and Duration of Protected Person Status. As with the generalapplication of the GC, protected persons shall receive their protections from the outset of anyconflict or occupation mentioned in Article 2 of the GC. 48 In general, the application ofprotected person status also ceases when the GC ceases to apply.In the territory of parties to the conflict, the application of the GC shall cease on thegeneral close of military operations. 49 In most cases, the general close of military operations willbe the final end of all fighting between all those concerned. 50‘protected persons’ under GC if the State that represents them has not formally accepted the Convention’sburdens.”).45 GC art. 4 (“Nationals of a neutral State who find themselves in the territory of a belligerent State, and nationals ofa co-belligerent State, shall not be regarded as protected persons while the State of which they are nationals hasnormal diplomatic representation in the State in whose hands they are.”).46 See II-A FINAL RECORD OF THE DIPLOMATIC CONFERENCE OF GENEVA OF 1949 814 (“At the first reading severalDelegates argued that the Convention should merely regulate the relations between a belligerent State and thenationals of an enemy State, and that it should not include relations between the State and nationals of a neutralcountry. Other delegates, however, argued that stateless persons should be borne in mind and that, moreover, theremight be, in the territory of a belligerent State, nationals of foreign States who did not benefit by any diplomaticrepresentation either because their home country had broken off diplomatic relations with the country where theywere or because they had themselves broken away from their country of origin. Our Committee gave the mostcareful consideration to this problem and the majority recognized the weight of the reasons put forward by Statessheltering a large number of aliens: the superposition of normal diplomatic representation and of the protectionensured by the Convention, would lead to complications and would be indefensible from the point of view ofconsistency of procedure.”).47 Refer to § 15.6.4.1 (Protected Person Status of Neutral Persons in Occupied Territory).48 GC art. 6 (“The present Convention shall apply from the outset of any conflict or occupation mentioned in Article2.”).49 GC art. 6 (“In the territory of Parties to the conflict, the application of the present Convention shall cease on thegeneral close of military operations.”).50 GC COMMENTARY 62 (“What should be understood by the words ‘general close of military operations’? In theopinion of the Rapporteur of Committee III, the general close of military operations was ‘when the last shot hasbeen fired’. There are, however, a certain number of other factors to be taken into account. When the struggle takesplace between two States the date of the close of hostilities is fairly easy to decide: it will depend either on anarmistice, a capitulation or simply on debellatio. On the other hand, when there are several States on one or both of652

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