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command and conduct its operations in accordance with the law of war in order for its membersto be entitled to POW status during international armed conflict. 125 On the other hand, privatepersons are generally denied the privileges of combatant status because they do not belong to thisclass of combatants. 126The principle that combatants share a common class has also been a foundation for thetrial of enemy combatants by military tribunals. 127 For example, the GPW expresses apreference for POWs to be tried by military courts rather than civilian courts. 128125 Refer to § 4.6.1 (GPW 4A(2) Conditions in General).126 Refer to § 4.18.3 (Private Persons Who Engage in Hostilities – Lack of the Privileges of Combatant Status).127 General Douglas MacArthur, Action of the Confirming Authority, Feb. 7, 1946, United States v. Yamashita (U.S.Military Commission, Manila, Dec. 7, 1945), LEVIE, DOCUMENTS ON POWS 298 (“It is not easy for me to pass penaljudgment upon a defeated adversary in a major military campaign. I have reviewed the proceedings in vain searchfor some mitigating circumstance on his behalf. I can find none. Rarely has so cruel and wanton a record beenspread to public gaze. Revolting as this may be in itself, it pales before the sinister and far reaching implicationthereby attached to the profession of arms. The soldier, be he friend or foe, is charged with the protection of theweak and unarmed. It is the very essence and reason for his being. When he violates this sacred trust, he not onlyprofanes his entire cult but threatens the very fabric of international society. The traditions of fighting men are longand honorable. They are based upon the noblest of human traits, - sacrifice. This officer, of proven field merit,entrusted with high command involving authority adequate to responsibility, has failed this irrevocable standard; hasfailed his duty to his troops, to his country, to his enemy, to mankind; has failed utterly his soldier faith. Thetransgressions resulting therefrom as revealed by the trial are a blot upon the military profession, a stain uponcivilization and constitute a memory of shame and dishonor that can never be forgotten. Peculiarly callous andpurposeless was the sack of the ancient city of Manila, with its Christian population and its countless historic shrinesand monuments of culture and civilization, which with campaign conditions reversed had previously been spared.”).128 Refer to § 9.26.3 (Trial by Military Courts).69