Article 4
A. Prisoners of war, in the sense of the present Convention, are
persons belonging to one of the following categories, who have
fallen into the power of the enemy:
(1) Members of the armed forces of a Party to the conflict, as well
as members of militias or volunteer corps forming part of such
armed forces.
(2) Members of other militias and members of other volunteer
corps, including those of organized resistance movements, belonging
to a Party to the conflict and operating in or outside their own
territory, even if this territory is occupied, provided that such militias
or volunteer corps, including such organized resistance movements,
fulfil the following conditions:
(a) that of being commanded by a person responsible for
his subordinates;
(b) that of having a fixed distinctive sign recognizable at a
distance;
(c) that of carrying arms openly;
(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.
B. The following shall likewise be treated as prisoners of war under
the present Convention:
(1) Persons belonging, or having belonged, to the armed forces of
the occupied country, if the occupying Power considers it necessary
by reason of such allegiance to intern them, even though it has
originally liberated them while hostilities were going on outside
the territory it occupies, in particular where such persons have
made an unsuccessful attempt to rejoin the armed forces to which
they belong and which are engaged in combat, or where they fail to
comply with a summons made to them with a view to internment.
(2) The persons belonging to one of the categories enumerated in
the present Article, who have been received by neutral or nonbelligerent
Powers on their territory and whom these Powers are
required to intern under international law, without prejudice to any
more favourable treatment which these Powers may choose to give
and with the exception of Articles 8, 10, 15, 30, fifth paragraph,
58-67, 92, 126 and, where diplomatic relations exist between the
Parties to the conflict and the neutral or non-belligerent Power
concerned, those Articles concerning the Protecting Power. Where
such diplomatic relations exist, the Parties to a conflict on whom
these persons depend shall be allowed to perform towards them the
functions of a Protecting Power as provided in the present Convention,
without prejudice to the functions which these Parties normally
exercise in conformity with diplomatic and consular usage
and treaties.
C. This Article shall in no way affect the status of medical personnel
and chaplains as provided for in Article 33 of the present Convention.