Practice Relating to Rule 106. Conditions for Prisoner-of-War Status
The Hellenic Territorial Army’s Internal Service Code (1984), as amended, provides:
Members of the armed forces should:
(a) Consider as “lawful combatants” those who belong to the armed forces of the enemy or to the national guard (the organized resistance included), provided that the personnel of the above is organized in units, is under the command of a certain leader, has a distinctive sign, carries arms openly and respects the laws and customs of war. Persons who do not fulfill the above conditions should not be considered as “lawful combatants” and in case they are captured, they are not protected by the laws regulating the PoWs [prisoners of war].
At the CDDH, Greece stated that the situations described in the second sentence of Article 42(3) of the draft Additional Protocol I (now Article 44(3)) “which were quite exceptional, could exist not only in occupied territories but also in armed conflicts as described in paragraph 4 of Article 1 of draft Protocol I”.