Abstract
This paper examines the qualification provisions for prisoner of war (POW) status under the Third Geneva Convention of 1949 (GC III). It argues that Article 4 of GC III should be understood merely to identify groups whose members are entitled to POW status and the conditions for other groups whose members are entitled to POW status. Article 4 should not be understood to identify general requirements for individual belligerent conduct, or for armies and armed groups generally. Nor, strictly speaking, does it constitute a code of conduct or enumeration of criminal offenses. By de-coupling POW status determinations from combatant immunity and other individual pre-capture conduct, the interpretive approach advocated by this paper ensures broad and principled application of the GC III protective regime by States.