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10.8.3.2 Responsibility Upon Transfer. If protected persons are transferred undersuch circumstances, responsibility for the application of the GC rests on the Power acceptingthem, while they are in its custody. 138 Nevertheless, if that Power fails to carry out theprovisions of the GC in any important respect, the Power by which the protected persons weretransferred shall, upon being so notified by the Protecting Power, take effective measures tocorrect the situation or shall request the return of the protected persons. 139 Such request must becomplied with. 14010.9 INTERNMENTThe parties to the conflict shall not intern protected persons, except in accordance withthe provisions of Articles 41, 42, 43, 68, and 78 of the GC. 14110.9.1 Principles Underlying the Internment of Protected Persons Compared to ThoseUnderlying POW Internment. In some respects, the principles underlying the internment ofprotected persons are similar to the principles underlying the internment of POWs. 142 Forexample, the internment of protected persons is non-punitive, the Detaining Power is responsiblefor the treatment of internees in its custody, and humane treatment is required.However, the GC recognizes that the internment of protected persons is quite different incharacter from that of POWs by requiring the separation of internees from POWs. 143 Protectedpersons interned for security reasons, in theory, have not participated in hostilities. 144 Thus, theirinternment shall cease when the reasons that have necessitated it have ceased, which may occurbefore the end of the conflict. 145 In practice, however, internment for security reasons mayinvolve persons who have participated in hostilities, and such persons’ continued detention forthe duration of the conflict may be justified in order to prevent their further participation in theconflict.138 GC art. 45 (“If protected persons are transferred under such circumstances, responsibility for the application ofthe present Convention rests on the Power accepting them, while they are in its custody.”).139 GC art. 45 (“Nevertheless, if that Power fails to carry out the provisions of the present Convention in anyimportant respect, the Power by which the protected persons were transferred shall, upon being so notified by theProtecting Power, take effective measures to correct the situation or shall request the return of the protectedpersons.”).140 GC art. 45 (“Such request must be complied with.”).141 GC art. 79 (“The Parties to the conflict shall not intern protected persons, except in accordance with theprovisions of Articles 41, 42, 43, 68 and 78.”).142 Refer to § 9.2 (General Principles Applicable to the Treatment of POWs).143 Refer to § 10.10.1 (Segregation From Other Types of Detainees).144 GC COMMENTARY 368 (“The persons subjected to these measures [of assigned residence or internment inaccordance with Article 78 of the GC] are not, in theory, involved in the struggle. The precautions taken with regardto them cannot, therefore, be in the nature of a punishment.”).145 Refer to § 10.9.5 (Release As Soon As Reasons for Internment No Longer Exist).667

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