text: Prisoners of War and Other Detainees
  GPW AND POW PROTECTIONS
  3-14. When the GPW and POW protections apply to detainees, they are afforded not only humane treatment
  protections discussed paragraphs 3-5 through 3-7, but also additional protections under international law and
  DOD policy. For example, the United States has, in some instances, afforded detainees certain POW
  protections, even when those protections might not apply as a matter of law (see DOD Law of War Manual,
  9.3.1). The applicability of POW protections during a particular armed conflict or operation and the
  entitlement of armed groups to POW status are generally resolved at the national level. This is a national
  level decision because providing POW protections to an armed group can affect the group’s legal status, and
  because it is important to have a consistent national approach to how U.S. obligations under international law
  are to be interpreted with regard to the status of armed groups. Generally, POW protections only apply during
  international armed conflict, i.e., State versus State armed conflict, and when there are armed forces or groups
  that qualify for POW protections under article 4 of the GPW (e.g., State military forces).
  3-15. If those broader conditions are met, then there might be questions as to whether particular individuals
  are entitled to POW protections. During international armed conflict, should any doubt arise as to whether a
  detainee is entitled to the protections and privileges afforded POWs, such detainees shall enjoy treatment as
  POWs until a tribunal convened in accordance with Article 5 of the GPW determines whether the detainee is
  entitled to such status or treatment. In practice, an Article 5 tribunal may be used to assess whether an
  individual detainee is, in fact, a member of a group entitled to POW status.
  PERSONS ENTITLED TO PRISONER OF WAR STATUS
  3-16. Article 4A of the GPW describes those persons during an international armed conflict and occupation
  who are entitled to POW status as discussed, infra, in paragraphs 3-17 through 3-30. Captured military
  medical personnel and chaplains are not POWs but are retained personnel, provided that they meet the criteria
  in the GPW, including that the organization to which they belong meets the criteria in Article 4A(1), (2), or
  (3)of the GPW as discussed, infra, in paragraphs 3-35 through 3-42.
  MILITARY PERSONNEL
  3-17. Members of the armed forces of a State party to a conflict, other than military medical personnel and
  chaplains attached to the armed forces are entitled to POW status based on their membership in the armed
  forces. This includes members of militias or volunteer corps that form part of the armed forces (GPW art.
  4A(1)).
  Non-Standard Uniforms
  3-18. Soldiers and Marines who fall within Article 4A(1) of the GPW, including special operations forces,
  are expected to carry out their operations in standard uniform. However, the wearing of a non-standard
  uniform, would not necessarily violate the law of war. For example, Soldiers and Marines wearing items of
  indigenous clothing that represent the distinctive device of a non-standard uniform must be approved by
  competent authority upon the demonstration of a military requirement. To be considered a “uniform,” even
  a non-standard one, the clothing should distinguish military personnel from ordinary members of the civilian
  population. Soldiers and Marines who are captured in non-standard uniforms while conducting operations in
  enemy territory and fail to distinguish themselves from the civilian population may be treated as spies and
  risk relinquishing their entitlement to POW status.
  Civilian Clothing
  3-19. Occasions may arise, such as a surprise attack, when military personnel may not have time to dress in
  their uniforms before resisting an enemy assault. Soldiers and Marines in civilian clothing may resist an
  attack so long as they do not kill or wound treacherously, such as by deliberately seeking to feign civilian
  status or other protected status while fighting (see paragraph 2-153). Such military personnel remain entitled
  to POW status if captured. Soldiers and Marines may be authorized by competent authorities to dress in
  civilian clothing in order to engage in espionage and sabotage, but such persons may be treated as spies if
  captured behind enemy lines.