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In the event that such a person is arrested, suspicions must be verified by a seriousinquiry, and the arrested neutral person must be given an opportunity to present a defense, and tocommunicate with his or her national consul if requested. 133 In addition, the minimum standardsfor humane treatment and for detention procedures would be applicable. 13415.6.4.1 Protected Person Status of Neutral Persons in Occupied Territory.Neutral persons, among other persons, who find themselves in the hands of an Occupying Powergenerally would be regarded as “protected persons” under the GC. 135 Neutral persons who travelto occupied territory for the purpose of fighting the Occupying Power are not regarded as“protected persons” under the GC. 13615.6.4.2 Diplomatic Agents and Consular Personnel in Occupied Territory.Diplomatic agents of neutral States must be treated with all courtesy and must be permitted suchfreedom of action as it is possible to allow, with due regard to the necessities of the war. Thesame is true of consular personnel of neutral States, except those who are enemy nationals. 137133 In the Matter of the Claim of Madame Chevreau Against the United Kingdom, Arbitral Award, reprinted in 27AJIL 153, 160 (1933) (“The principles involved in the present case which, among others, have been applied bydifferent international commissions, may be briefly stated as follows: (1) The arbitrary arrest, detention ordeportation of a foreigner may give rise to a claim in international law. But the claim is not justified if thesemeasures were taken in good faith and upon reasonable suspicion, especially if a zone of military operations isinvolved. (2) In cases of arrest, suspicions must be verified by a serious inquiry, and the arrested person given anopportunity to defend himself against the suspicions directed against him, and particularly to communicate with theconsul of his country if he requests it. If there is no inquiry, or if it is unnecessarily delayed, or, in general, if thedetention is unnecessarily prolonged, there is ground for a claim.”).134 Refer to § 8.2 (Humane Treatment of Detainees); § 8.14 (Procedures for Detention).135 See Jack L. Goldsmith III, Assistant Attorney General, “Protected Person” Status in Occupied Iraq Under theFourth Geneva Convention, Mar. 18, 2004, 28 OPINIONS OF THE OFFICE OF LEGAL COUNSEL 35, 45 (“Second,‘territory of a belligerent State’ might refer to the home territory of the party to the conflict in whose hands thecitizen of the neutral State finds himself. As applied to the armed conflict with Iraq, this interpretation would deny‘protected person[]’ status to citizens of neutral States who find themselves in the territory of the United States, butnot to those who find themselves in occupied Iraq. We conclude that the second interpretation is correct.”)(amendment in original). See also II-A FINAL RECORD OF THE DIPLOMATIC CONFERENCE OF GENEVA OF 1949 793(“A particularly delicate question was that of the position of the nationals of neutral States. The Drafting Committeehad made a distinction between the position of neutrals in the home territory of belligerents and that of neutrals inoccupied territory. In the former case, neutrals were protected by normal diplomatic representation; in the lattercase, on the other hand, the diplomatic representatives concerned were only accredited to the Government of theoccupied States, whereas authority rested with the Occupying Power. It followed that all neutrals in occupiedterritory must enjoy protection under the Convention, while neutrals in the home territory of a belligerent onlyrequired such protection if the State whose nationals they were had no normal diplomatic representation in theterritory in question. The text drawn up by the Drafting Committee had taken account of the aboveconsiderations.”).136 Refer to § 10.3.2.1 (“Find Themselves”).137 1956 FM 27-10 (Change No. 1 1976) 549 (“Diplomatic agents of neutral States must be treated with all courtesyand must be permitted such freedom of action as it is possible to allow, with due regard to the necessities of the war.The same is true of consular personnel of neutral States, except those who are enemy nationals.”).953