Соответствующая норма
Practice Relating to Rule 106. Conditions for Prisoner-of-War Status
At the CDDH, Portugal abstained in the vote on Article 42 of the draft Additional Protocol I (now Article 44) and considered that “the exceptional rule in the second sentence of the [third] paragraph did not ensure reasonable protection for the civilian population”. 
Portugal, Statement at the CDDH, Official Records, Vol. VI, CDDH/SR.41, 26 May 1977, p. 148, § 36.