Louis Henkin, Foreign Affairs and the Constitution 80 (1972) ( W ar terminates relations with the enemy, and abrogates or suspends treaty obligations and the bulk of rights and duties under international law ).

Article 5 states in pertinent part 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 persons entitled to POW status , such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.