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Certain types of humanitarian assistance under the 1949 Geneva Conventions would alsonot be regarded as a violation of neutrality by the persons engaging in those activities. 12515.6.3 Neutral Persons in the Home Territory of a Belligerent. Neutral persons in thehome territory of a belligerent State are not “protected persons” under the GC while their State ofnationality has normal diplomatic relations with the belligerent State. 126In general, neutral persons residing permanently in the territory of a belligerent State,whether protected persons or not, are to a great extent regarded, both by that belligerent and theopposing side, like other residents of that territory, so long as they remain there. 127 By contrast,the neutral person who is a transient visitor in the territory of a belligerent is provided particularrespect, so far as the hazards of war permit, and provided that the person’s actions are consistentwith that person’s neutral character. 12815.6.4 Neutral Persons Resident in Occupied Territory. Neutral persons resident inoccupied territory are not entitled to claim different treatment, in general, from that accorded theother inhabitants. 129 They must refrain from all participation in the war and from all hostile acts,and must observe strictly the rules of the Occupying Power. 130All nationals of neutral States, whether resident in or temporarily visiting an occupiedterritory, may be punished for offenses committed by them to the same extent and in the samemanner as enemy nationals. 131 In addition, it may be possible to extradite nationals of neutralStates who have committed offenses to their home States for prosecution. If nationals of neutralStates are not “protected persons,” they may be deported or expelled for just cause. 132125 Refer to § 4.12 (Staff of a Recognized Aid Society of a Neutral Country); § 7.12.1.3 (Authorized Neutral CivilianHospital Ships).126 Refer to § 10.3.3.3 (Nationals of a Neutral State or Co-Belligerent State While Normal DiplomaticRepresentation Exists).127 GREENSPAN, THE MODERN LAW OF LAND WARFARE 575 (“In general, neutrals residing permanently in theterritory of a belligerent, whether protected persons or not, are to a great extent regarded, both by that belligerentand the opposing side, as sharing the lot and character of the people among whom they reside, so long as theycontinue there.”).128 GREENSPAN, THE MODERN LAW OF LAND WARFARE 577-78 (“The neutral who is merely a transient visitor in theterritory of a belligerent falls into a different category from the resident neutral; provided, of course, that his actionsare consistent with his neutral character. Both his person and his property are entitled to particular respect from thebelligerents, so far as the hazards of war permit.”).129 1956 FM 27-10 (Change No. 1 1976) 548 (“Neutral persons resident in occupied territory are not entitled toclaim different treatment, in general, from that accorded the other inhabitants.”).130 1956 FM 27-10 (Change No. 1 1976) 548 (“They must refrain from all participation in the war, from all hostileacts, and observe strictly the rules of the occupant.”).131 1956 FM 27-10 (Change No. 1 1976) 550 (“All nationals of neutral powers, whether resident or temporarilyvisiting an occupied territory, may be punished for offenses committed by them to the same extent and in the samemanner as enemy nationals.”).132 1958 UK MANUAL 691 note 1 (“If such neutrals are not ‘protected persons’ then they may be expelled ordeported for just cause by the military or civil authorities of the Occupant.”).952

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