5cjxburmr

expressed before the occupation, or during a temporary interruption thereof, with the exceptionof breaches of the laws and customs of war. 22711.11.7.2 Protection of Nationals of the Occupying Power Who, Before theOutbreak of Hostilities, Have Sought Refuge in the Territory of the Occupied State. Nationals ofthe Occupying Power who, before the outbreak of hostilities, have sought refuge in the territoryof the occupied State, shall not be arrested, prosecuted, convicted, or deported from the occupiedterritory, except for offenses committed after the outbreak of hostilities, or for offenses undercommon law committed before the outbreak of hostilities that, according to the law of theoccupied State, would have justified extradition in time of peace. 228Thus, although protected persons may not be forcibly transferred or deported to anothercountry, 229 nationals of the Occupying Power may be involuntarily removed under certaincircumstances. 230This rule is an exception to the general principle that a State’s own nationals are excludedfrom the protection of the GC. 23111.11.8 Disposition of Accused and Convicted Protected Persons Upon the Close ofOccupation. Protected persons who have been accused of offenses or convicted by courts inoccupied territory shall be handed over at the close of occupation, with the relevant records, tothe authorities of the liberated territory. 232Pending their transfer to such authorities, such protected persons continue to be protectedby the GC because protected persons whose release, repatriation, or re-establishment may takeplace after such dates continue to benefit from the protections of the GC. 233227 GC art. 70 (“Protected persons shall not be arrested, prosecuted or convicted by the Occupying Power for actscommitted or for opinions expressed before the occupation, or during a temporary interruption thereof, with theexception of breaches of the laws and customs of war.”).228 GC art. 70 (“Nationals of the Occupying Power who, before the outbreak of hostilities, have sought refuge in theterritory of the occupied State, shall not be arrested, prosecuted, convicted or deported from the occupied territory,except for offences committed after the outbreak of hostilities, or for offences under common law committed beforethe outbreak of hostilities which, according to the law of the occupied State, would have justified extradition in timeof peace.”).229 Refer to § 11.12.3 (Prohibition Against Forcible Transfers and Deportations).230 GC COMMENTARY 351-52 (“When criminals again fall into the hands of their State of origin, as a result of theoccupation of the territory in which they are living, they must answer for their actions; the occupying authoritiesmay therefore arrest them, take them back to their home country and bring them before its courts, provided the lawof the occupied State would have justified their extradition in time of peace.”).231 Refer to § 10.3.3.1 (A State’s Own Nationals).232 GC art. 77 (“Protected persons who have been accused of offenses or convicted by the courts in occupiedterritory, shall be handed over at the close of occupation, with the relevant records, to the authorities of the liberatedterritory.”).233 Refer to § 10.3.4 (Commencement and Duration of Protected Person Status).776