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10.4 DEROGATION FOR SECURITY REASONSCertain rights and privileges of the GC that protected persons receive are subject toderogation for security reasons.10.4.1 Derogation in Home Territory. Where, in the territory of a party to the conflict,the latter is satisfied that an individual protected person is definitely suspected of or engaged inactivities hostile to the security of the State, such individual person shall not be entitled to claimsuch rights and privileges under the GC as would, if exercised in the favor of such individualperson, be prejudicial to the security of such State. 5710.4.2 Derogation in Occupied Territory. Where in occupied territory an individualprotected person is detained as a spy or saboteur, or as a person under definite suspicion ofactivity hostile to the security of the Occupying Power, such person shall, in those cases whereabsolute military security so requires, be regarded as having forfeited rights of communicationunder the GC. 58 For example, it may be necessary to keep the fact of detention secrettemporarily so as not to compromise an ongoing operation against a conspiracy or network ofspies. 59 The derogation provisions relating to the home territory of a belligerent are not applicablein occupied territory, even though the occupied territory may arguably be characterized as thehome territory of the opposing belligerent (i.e., the country being occupied).10.4.3 Derogation in Other Areas. To the extent that the rights and privileges ofprotected persons afforded by the GC are applied outside the home territory of a party to theconflict or outside occupied territory, it would be reasonable for such rights and privilegessimilarly to be subject to derogation. Thus, if a party to the conflict is satisfied that an individualprotected person is definitely suspected of or engaged in activities hostile to the security of theState in other contexts, such individual person similarly could be deemed not entitled to claimsuch rights and privileges under the GC as would, if exercised in favor of such individual person,be prejudicial to the security of such State. 6057 GC art. 5 (“Where, in the territory of a Party to the conflict, the latter is satisfied that an individual protectedperson is definitely suspected of or engaged in activities hostile to the security of the State, such individual personshall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in thefavour of such individual person, be prejudicial to the security of such State.”).58 GC art. 5 (“Where in occupied territory an individual protected person is detained as a spy or saboteur, or as aperson under definite suspicion of activity hostile to the security of the Occupying Power, such person, shall, inthose cases where absolute military security so requires, be regarded as having forfeited rights of communicationunder the present Convention.”).59 GC COMMENTARY 53 (“There may of course be occasions when it is desirable to keep the fact of an arrest secretin the hope of capturing a whole organization or spy ring.”).60 1956 FM 27-10 (Change No. 1 1976) 248b (“Where, in territories other than those mentioned in a above, a Partyto the conflict is satisfied that an individual protected person is definitely suspected of or engaged in activitieshostile to the security of the State, such individual person is similarly not entitled to claim such rights and privilegesunder GC as would, if exercised in favor of such individual person, be prejudicial to the security of such State.”).654