HASSAN v. THE UNITED KINGDOM – JUDGMENT
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(d) that of conducting their operations in accordance with the laws and customs of
war.
(3) Members of regular armed forces who profess allegiance to a government or an
authority not recognized by the Detaining Power.
(4) Persons who accompany the armed forces without actually being members
thereof, such as civilian members of military aircraft crews, war correspondents,
supply contractors, members of labour units or of services responsible for the welfare
of the armed forces, provided that they have received authorization from the armed
forces which they accompany, who shall provide them for that purpose with an
identity card similar to the annexed model.
(5) Members of crews, including masters, pilots and apprentices, of the merchant
marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit
by more favourable treatment under any other provisions of international law.
(6) Inhabitants of a non-occupied territory, who on the approach of the enemy
spontaneously take up arms to resist the invading forces, without having had time to
form themselves into regular armed units, provided they carry arms openly and
respect the laws and customs of war.
Article 5 of the Third Geneva Convention
(1) The present Convention shall apply to the persons referred to in Article 4 from
the time they fall into the power of the enemy and until their final release and
repatriation.
(2) Should any doubt arise as to whether persons, having committed a belligerent
act and having fallen into the hands of the enemy, belong to any of the categories
enumerated in Article 4, such persons shall enjoy the protection of the present
Convention until such time as their status has been determined by a competent
tribunal.
Article 12 of the Third Geneva Convention
Prisoners of war are in the hands of the enemy Power, but not of the individuals or
military units who have captured them. Irrespective of the individual responsibilities
that may exist, the Detaining Power is responsible for the treatment given them.
Prisoners of war may only be transferred by the Detaining Power to a Power which
is a party to the Convention and after the Detaining Power has satisfied itself of the
willingness and ability of such transferee Power to apply the Convention. When
prisoners of war are transferred under such circumstances, responsibility for the
application of the Convention rests on the Power accepting them while they are in its
custody.
Nevertheless if that Power fails to carry out the provisions of the Convention in any
important respect, the Power by whom the prisoners of war were transferred shall,
upon being notified by the Protecting Power, take effective measures to correct the
situation or shall request the return of the prisoners of war. Such requests must be
complied with.
Article 21 of the Third Geneva Convention
The Detaining Power may subject prisoners of war to internment. It may impose on
them the obligation of not leaving, beyond certain limits, the camp where they are
interned, or if the said camp is fenced in, of not going outside its perimeter. Subject to
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