text: Prisoners of War and Other Detainees
  3-27. Civil aircraft and merchant marine ship crew members of the parties to the conflict are entitled to POW
  status (GPW art. 4A(5)).
  3-28. A levée en masse involves inhabitants of a non-occupied territory who, upon approach of the
  enemy, spontaneously take up arms to resist the invading forces, with no time to form into regular
  armed units, provided that they carry their arms openly and respect the laws and customs of war. A
  levée en masse may only be formed on the approach of the enemy to non-occupied territory. For example,
  after an invading power effectively secures invaded territory and places that territory under its authority as
  an occupying power (HR arts. 2, 42, 43; GPW art. 4A(6)), a levée en masse may not be formed.
  OTHER PERSONS TO BE GIVEN PRISONER OF WAR TREATMENT
  3-29. Persons who belong, or formerly belonged, to the armed force of an occupied country are entitled to
  be treated as if they have POW status if the occupying country deems it necessary to detain them (GPW art.
  4B(1)).
  3-30. Generally, a person who would qualify for POW status as outlined in paragraphs 3-16 through 3-28
  and who are in the hands of a neutral or non-belligerent party are entitled to be treated as if they have POW
  status (GPW art. 4B(2)).
  3-31. During an international armed conflict, if there is doubt about the POW status or treatment of someone
  who has committed a belligerent act and who has fallen into enemy hands (such as, someone in a non-standard
  uniform who lost his or her identity card or a deserter who does not wish to admit being a member of his or
  her armed force), that person must still be treated as a POW until such time as his or her status has been
  determined by a competent tribunal (GPW art. 5; DODD 2310.01E).
  3-32. Commanders should use tribunals conducted in accordance with applicable policies and regulations to
  assess factually whether specific detainees fall within the groups entitled to POW status. Commanders should
  refer legal questions on the status of the conflict (i.e., international or non-international) or the entitlement of
  particular armed forces or groups to POW status through the operational chain of command for resolution to
  ensure consistency of U.S. legal interpretation.
  COMMENCEMENT AND DURATION OF STATUS
  3-33. The GPW applies to persons referred to in Article 4 of the GPW from the time they fall into the power
  of the enemy until their final release and repatriation (GPW art. 5). For example, military personnel who are
  captured by, or who have surrendered to, enemy armed forces or members of the civilian population of the
  enemy, have “fallen into the power of the enemy” and therefore receive GPW protections. Individuals who
  defect are not viewed as having fallen into the power of the enemy since they voluntarily chose to switch
  sides and are not considered to be entitled to POW status (DOD Law of War Manual, 9.3.4.1). POWs or
  retained personnel are entitled to protections under the GPW until their final release or repatriation, unless
  their status is changed otherwise by competent authority in a manner consistent with the GPW (GPW art. 5).
  So long as the individuals are properly classified as POWs or retained personnel, the detaining power has no
  other basis in treaty to derogate, waive, reclassify, or re-characterize their status.
  3-34. Wounded, sick, or injured enemy military personnel remain POWs or retained personnel throughout
  their treatment and captivity, until released or repatriated (GWS art. 14; GWS Sea art. 16).
  RETAINED PERSONNEL
  3-35. Military medical personnel and chaplains who are retained in the hands of the enemy to assist POWs
  are not POWs. They are considered retained personnel, if they meet the criteria in the GWS including that
  the organization in which they serve meets the criteria outlined in paragraphs 3-21 through 3-24. For example,
  under the GWS, military medical personnel who exclusively engaged in medical duties would receive special
  status as retained personnel upon capture and are not considered POWs. Retained personnel should be given,
  as a minimum, the POW protections under the GPW and they must also be afforded the facilities necessary
  to carry out their medical and chaplain duties in support of the POWs (GWS art. 28; GPW arts. 33, 35).