text: Chapter 1
  the object of attack by combatants of opposing armed forces. Nevertheless, unprivileged belligerents who are
  hors de combat may not be made the object of attack and must be treated humanely.
  Unprivileged Belligerents and Detention
  1-71. Unprivileged belligerents generally may be detained for engaging in hostilities or for other imperative
  reasons of security. The DOD practice has been to review periodically the detention of all persons not
  afforded POW status or treatment. Unprivileged belligerents who are detained in order to prevent their further
  participation in hostilities generally should be released when hostilities have ended. In some cases, continued
  detention in connection with criminal proceedings may be appropriate.
  Necessary Security Measures
  1-72. An offended State may take necessary security measures with regard to unprivileged belligerents. Since
  they have engaged in hostilities, unprivileged belligerents (or persons suspected of being unprivileged
  belligerents) may be denied certain privileges to which they might otherwise be entitled under LOAC. For
  example, the rights of unprivileged belligerents who are entitled to protected person status under the GC
  would be subject to derogation for security reasons (see GC art. 5). Belligerents may take necessary security
  measures, such as measures to ensure that captured spies do not collect or pass along information.
  Unprivileged belligerents who are protected by the GC should be afforded its full protections when feasible.
  Unprivileged Belligerents’ Liability for Participation in Hostilities
  1-73. Although international law affords lawful combatants a certain privilege or immunity from
  prosecution, unprivileged belligerents lack any such protection. Unprivileged belligerents are thus exposed
  fully to the consequences of engaging in hostilities against a State. A State may punish unprivileged enemy
  belligerents provided it meets applicable requirements, such as a fair trial (HR art. 30).
  Unprivileged Belligerency—as a War Crime
  1-74. In contemporary parlance, spying and other forms of unprivileged belligerency generally are not
  referred to as “LOAC violations” or “war crimes.” For example, since spying is permissible under LOAC in
  the sense that belligerents are not prohibited from employing spies, these activities are punishable by
  domestic law, but not prohibited under international law. This usage of terminology generally prevails. In
  some cases, however, offenses of unprivileged belligerency have been characterized as violations of LOAC
  (see, for example, Ex Parte Quirin, referenced in paragraph 1-62). For example, spying and other acts of
  unprivileged belligerency have been called offenses against the law of nations or LOAC because the
  punishment of these offenders is a recognized incident or exercise of a belligerent’s war powers under LOAC.
  The difference in these characterizations may be traced to different definitions of war crime that have been
  used over time and different definitions of LOAC. If one views LOAC as only containing prohibitions, the
  punishment of unprivileged belligerents, like all exercises of the war powers, emanates from the domestic
  law of the belligerent State. On the other hand, if one views LOAC as also including sources of authority,
  the punishment of unprivileged belligerents is also grounded in the international LOAC. Although the
  relationship between unprivileged belligerency and LOAC has been characterized in different ways, it is
  well-accepted that States may punish unprivileged enemy belligerents under their domestic law.
  SPIES, SABOTEURS, AND OTHER PERSONS ENGAGING IN SECRETIVE, HOSTILE ACTS
  BEHIND ENEMY LINES
  1-75. Spying, committing sabotage, and engaging in other secretive, hostile acts behind enemy lines have a
  dual character under LOAC; commanders are permitted to employ persons who engage in these activities,
  but these activities are punishable by the enemy State. Commanders may employ spies and saboteurs
  consistent with LOAC. However, any person, including individuals who would otherwise receive the
  privileges of lawful combatants, who engages in spying, sabotage, or other secretive, hostile acts behind
  enemy lines (for example, spying while disguised as a civilian or member of the enemy force without properly
  identifying themselves as members of a hostile force) is regarded as an unprivileged belligerent while doing