What happens to interned military personnel if war is declared post-internment?
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Accepted answer
The SMS Geier was interned in November 1914 under Article 24 of the Convention Concerning the Rights and Duties of Neutral Powers in Naval War, which formed part of the Hague Convention of 1907. The crew were detained under the terms of the same Article, and for the duration of hostilities.
When the United States entered the war on 6 April 1917, the crew of the SMS Geier became enemy combatants, and as such their status would have automatically changed to Prisoners of War (POWs).
The First Geneva Convention, adopted in 1849, and revised in 1906, only covered the treatment of sick and wounded enemy combatants. If any of the crew of SMS Geier were sick at the point that the US entered the war, their treatment would have been covered by that treaty.
Interestingly, there were no internationally agreed rules governing the protection and treatment of POWs until the Third Geneva Convention was ratified in 1929.
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