text: Civilians
  5-9. Certain individuals do not receive protected person status. Nationals of a State not bound by the GC
  are explicitly excluded from protected person status. Nationals of a neutral State who find themselves in the
  territory of a belligerent State, and nationals of a co-belligerent State (for example, an ally) are not regarded
  as protected persons while the State of which they are nationals has normal diplomatic representation in the
  State whose hands they are. Nationals of a neutral State in occupied territory, however, are considered as
  protected persons under the GC (see DOD Law of War Manual, 15.6.4.1).
  POLICY AND PRACTICE
  5-10. Subject to the derogation provisions discussed in paragraphs 5-11 through 5-13, those persons who
  have engaged in hostile or belligerent conduct, but are not entitled to treatment as POWs, are not per se
  precluded from receiving protected person status under the GC.
  DEROGATIONS
  5-11. The GC permits States to derogate from the GC’s requirements to provide certain rights and privileges
  otherwise afforded to protected persons for security reasons. Such derogation may differ based on location
  of the protected person, such as in occupied territory or in the belligerent’s home territory, and the conduct
  of the civilian (GC art 5; DOD Law of War Manual, 10.4).
  In a Belligerent’s Home Territory and in Occupied Territory
  5-12. In the home territory of a party to the conflict, protected persons who are definitely suspected of or
  engaged in activities hostile to the security of the State may be deprived of certain rights and privileges under
  the GC when those rights and privileges, if exercised, would prejudice the security of the State. In occupied
  territory, a protected person detained as a spy or saboteur, or as a person under definite suspicion of activity
  hostile to the security of the Occupying Power, may be deprived of communication rights when military
  security so requires (GC art. 5; DOD Law of War Manual, 10.4.2). In each case, such persons must
  nevertheless be treated humanely and in the case of trial must not be deprived of the rights of a fair and
  regular trial. They must also receive the full rights and privileges of a protected person under the GC at the
  earliest date consistent with the security of the State (GC art. 5).
  Other Areas
  5-13. To the extent that the rights and privileges of protected persons afforded by the GC are applied outside
  the home territory of a party to the conflict or outside occupied territory, it would be reasonable for such
  rights and privileges similarly to be subject to derogation. Thus, if U.S. forces are satisfied that an individual
  protected person is definitely suspected of or engaged in activities hostile to the security of the United States
  in other contexts, such person could be deemed not entitled to claim such rights and privileges under the GC
  as would, if exercised in favor of such individual person, be prejudicial to the security of the United States
  (see DOD Law of War Manual, 10.4.3). In no case, however, may deviations be taken from the minimum
  humane treatment standards outlined in paragraphs 5-16 through 5-18.
  Authority to Punish
  5-14. The derogation provisions of the GC implicitly recognize the power of a party to the conflict to impose
  the death penalty and lesser punishments (after judgment by a properly constituted court) on protected
  persons who are spies, saboteurs, and other persons not entitled to be treated as POWs, such as unprivileged
  belligerents,, except to the extent that that power has been limited or taken away by the GC (see GC art. 68,
  which limits application of the death penalty and other punishments in the case of protected persons, subject
  to the U.S. reservation with respect to imposing the death penalty).
  Minimum Standards of Treatment
  5-15. Even when derogations of other provisions may be appropriate for security reasons, Soldiers and
  Marines must comply with LOAC with respect to the treatment of all detainees. Until a detainee’s release,
  repatriation, or transfer from DOD custody or control, Soldiers and Marines will, without regard to a
  detainee’s legal status, at a minimum apply: (1) common article 3 of the 1949 Geneva Conventions during