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(b) Civil officials and 'diplomatic agents attached to the army;
(c) Persons whose services are 'of particular use and benefit to the hostile army or its government, such as the higher civil officials, diplomatic agents, couriers, guides, etc. ; also all persons who may be harmful to the opposing state while at liberty, such as prominent and influential political leaders, journalists, local authorities, clergymen, and teachers, in case they incite the people to resistance;
2 G. 0. 100, 1863, art. 50, par. 2. :(a) The citizens who rise en masse to defend their territory or district from invasion by the enemy.
* Vide supra, art., 36, and infra, art. 369.; also G, 0. 100, 1863, arts. 49 and 51.
48. Military attachés, and agents of neutrals + Military at: tachés and diplomatic agents of neutral powers accompanying an army in the field, or found within a captured fortress, are
proper papers of identification in their possession
tak the hostilities. They may, howerer, be ordered out of the theater of war, and, if necessary, hånded over by the captor to the ministers of their respective countries.'
1 Ariga, p. 122. One foreign nayal officer and two officers, military attachés, with the Russian army captured at Mukden by the Japanese were treated with consideration, and sent to Kobe, Japan, where they were turned over to their respective delegations.
49. Wounded and sick prisoners.-G. C., art. 2, par. 1. Subject to the care that must be taken of them under the preceding article (G. C.; Art. I); the sick and wounded of an army who fall into the power of the other belligerent become prisoners of war, and the general rules of international law in respect to prisoners become applicable to them...!1.!!..
1 Vide infra, par. 107. As to treatment to be'accorded to médicat personnel and chaplains, vide 'G. O., art. 9, infra, pår. 130.
50. H. R., Art. IV. Prisoners of war are in the power of the hostile government, but not of the individuals or corps who capture them. They must be humanely treated.
51. Subject to military jurisdiction.--All physical suffering, all brutality which 'is not necessitated as an indispensable measure for guarding prisoners, are formally prohibited. If prisoners, commit crimes or acts punishable according to the ordinary penal or military laws, they are subjected to the military jurisdiction of the state of the captor.
1 Lois de la Guerre Continentale, Jacomet, p. 31, art. 8.
52. Personal belonging's' retained.-H. R., Art. IV, par. 3. Ali their personal belongings, except arms, horses, and military papers, remain their property.
53. Can not retain large sums of money.--This rule does not authorize prisoners to retain large sums of money, or other articles which might facilitate their escape. Such money and articles are usually taken from them, receipts are given, and they are returned at the end of the war.?
1 Holland, Laws of War on Land, p. 21, art. 24; Opp. Land Warfare, par. 70 and pote. They should be made to prove ownership of such money and articles to determine that they are not state property, Such property is subject to requisition as other property. Vide infra, arts. 345 et seq.
54. Belongings not transportable.—This rule does not compel the captor to be responsible for such personal belongings of prisoners as they are unable to transport with them."
Ariga, p. 325. 55. Includes uniform, etc.—In practice personal belongings are understood to include military uniform, clothing, and kit required for personal use, although technically they may belong to their Government."
i Opp. Lạnd Warfare, par, 69 and note. Ariga, p. 161.
56. Booty.--All captures and booty, except personal belongings of prisoners, become the property of the belligerent Government and not of individuals or units capturing them." ...-G. O, 100, 1863, art. 45, Vide, infra, art. 337.
57. H. R., Art. IX. Every prisoner of war, if he is questioned on the subject, is bound to give his true name and rank, and if he infringes this rule he is liable to have the advantages accorded to prisoners of his class curtailed.
58. Although a prisoner of war is bound, under the penalties named, to state truthfully, his name and rank, yet he is not bound to reply to other questions. The captor is entitled to take advantage of every means, humane and not coercive, in order to obtain all information possible from a prisoner with regard to the numbers, movements, and location of the enemy, but the prisoner can not be punished for giving false information about his own army." 41 Kriegsbrauch, p. 16. Opp. Land Warfare, par. 68. be
ON 59. Internment.-H. R., Art. V. Prisoners of war may be interned in a town, fortress, camp, or other place, and bound not to go beyond certain fixed limits; but they can not be confined except as an indispensable measure of safety and only while the circumstances which necessitate the measure continue to exist.yildan103
60. Not criminals. The distinction herein intended is between restriction to specified locality and close confinement. Prisoners of war must not be regarded as criminals or convicts.
They are guarded as a measure of security and not of punishment."
1 Holland, Laws of War on Land, par. 25. Opp. Land Warfare, pars. 86, 87.
61. Internment.—The object of internment is solely to prevent prisoners from further participation in the war. Anything, therefore, may be done that is necessary to secure this end, but nothing more, Restrictions and inconveniences are unavoidable, freedom of movement within the area of internment should be permitted unless there are special reasons to the contrary. The place selected for internment should not possess an injurious climate."
1 Prisoners of war will usually be interned in some town, fortress, camp, or other place. Certain limits will be fixed, beyond which they are not permitted to go, and may be required to respond to certain roll calls and subjected to other surveillance to prevent their return to their own army. Opp. Land Warfare, par. 90.
62. Where confined.—Prisoners of war when confined for se curity should not be placed in prisons, penitentiaries, or other places for the imprisonment of convicts, but should be confined in rooms that are clean, sanitary, and as decent, as possible.' i For disciplinary measures, vide H. R., Art. VIII infra, par. 67.
63. Maintained by captor.-H. R., Art. VII. The Government into whose hands prisoners of war have fallen is charged with their maintenance.
In the absence of a special agreement between the belligerents, prisoners of war shall be treated, as regards board, lodging, and clothing, on the same footing as the troops of the Government who captured them.”,
+ 1 The Japanese granted 60 yen (30 cents) per day to officers and 30 yen (15 cents) to noncommissioned officers and soldiers-Russian prisoners of war-during captivity, which was nearly double the amount allowed for their own troops. (Ariga, p. 113.)
At the close of the Russo-Japanese War it was agreed in the treaty of peace that each belligerent should pay the cost of maintenance of its soldiers while prisoners of war.,
64. Captured supplies used.—Prisoners are only entitled to what is customarily used in the captor's country, but due allowance should, if possible, be made for differences of habits, and captured supplies should be used if they are available.
65. Can utilize services.-H. R., Art. VI. The State may utilize the labor of prisoners of war according to their rank and
aptitude, officers excepted. The tasks shall not be excessive
shall have no connection with the operations of the war. Prisoners may be authorized to work for the public service, for private persons, or on their own account. Work done for the State is paid at the rates in force for work of a similar kind done by soldiers of the national army, or, if there are none in force, at a rate according to the work executed.
67. H. R., Art. VIII. Prisoner force in the army of the state after due trial and convicu Vanay well be doubted whether
When the work is for other branches of the public service or for private persons the conditions are settled in agreement with the military authorities. The wages of the prisoners shall go toward improving their position, and the balance shall be paid them on their release, after deducting the cost of their maintenance
66. Work, even upon fortifications, at a distance from the scene of operations, would not seem to be prohibited by this article. That the excess of money earned by prisoners, over that paid for purchasing comforts and small luxuries, can be retained by the captor in compensation for cost of maintenance, in case their Government fails to provide for their maintenance in the treaty of peace, is well settled. The practice, however, is against such retention."
1 Such is the practice of Great Britain. 'Mr. Holland says that she expects reciprocity of treatment in this regard. (Laws of War on Land, p. 22, par. 26.)
ATTEMPTS TO ESCAPE.
of war shall be subject to the laws, regulations, and orders in whose power they are. Any act of insubordination justifies the adoption towards them of such measures of severity as may be considered necess
68. Execution of Prisoners of war may be fired upon and may be shot down while attempting to escape, or if they resist their guard, or attempt to assist their own army in any way." They may be executed by sentence of a proper court for any offense punishable with under the laws of the captor, such extreme necessity can arise that will compel or warránt a commander to kill his prisoners on the ground of selfpreservation."
1 They should be summoned to halt or surrender before firing. (Hague Con., 1899, Pt. I, pp. 86, 87.)
G. 0, 100, 1863, art. 60, in referring to giving of quarter, says: "But a commander is permitted to direct his troops to give no quarter in great straits, when his own salvation makes it impossible to cumber himself with prisoners." The German Kriegsbrauch of 1902 says: “Prisoners can be killed
in case of extreme necessity, when other means of security are not available and the presence of the prisoners is a danger to one's own existence. *
Exigencies of war and the safety of the state come first, and not the consideration, that prisoners of war must at any cost remain unmolested."
No instance of resort to such executions have occurred since 1799, when Napoleon bayonetted the Arabs at Jaffa.
69. Trial and punishment.--For all crimes and misdemeanors, including conspiracy, mutiny, revolt, or insubordination, prisoners of war are subject to trial and punishment in the same way as soldiers of the army which captured them.
70. Conspiracy.-If conspiracy is discovered, the purpose of which is a united or general escape, the conspirators may be rigorously punished, even with death; and capital punishment may also be inflicted upon prisoners of war who are found to have plotted rebellion against the authority of the captors, whether in union with fellow prisoners or other persons.".
1'G. 0, 100, 1863, art. 77.
71. Crimes committed before capture.-A prisoner of war remains answerable for his crimes committed against the captor's army or people, committed before he was captured, and for which he has not been punished by his own army."
16. O. 100, 1863, art. 59. Vide infra, ch. X.
72. Parole.-H. R., Art. X. Prisoners of war may be set at liberty on parole if the laws of their country allow, and, in such cases, they are bound, on their personal honor, scrupulously to fulfill, both towards their own government and the government by whom they were made prisoners, the engagements they have contracted
In such cases their own government is bound neither to require of nor accept from them any service incompatible with the parole given.
73. The parole should be in writing and be signed by the prisoners. The conditions thereof should be distinctly stated, so as to fix as definitely as possible exactly what acts the prisoner must refrain from doing; that is, whether he is bound to refrain from all acts against the captor or whether he must refrain only from taking part directly in military operations against the captor, and may accept office and render indirect aid or assistance to his own government."
1 It is customary to make out paroles in duplicate, one of which is sent to the enemy. G. O. 100, 1863, art. 125, “When paroles are given and received there must be an exchange of two written documents, in which the name and rank of the paroled individuals are accurately and truthfully stated."
2 Ariga, p. 115. "C'est l'article 7 de la capitulation qui réglementa la procédure de la liberation sur parole. Cet article de la capitulation disait que la parole sera donnée par écrit de ne pas reprendre les armes contre le Japon et de n'agir en aucune façon contre les intérêts de ce pays jusqu'a la fin de la guerre actuelle.'"
74. No noncommissioned officer or private can give his parole except through an officer. Individual paroles not given through an officer are not only void, but subject the individuals giving them to the punishment of death as deserters. The only admissible exception is where individuals properly separated from their commands have suffered long confinement without the possibility of being paroled through an officer. 1 G. 0. 100, 1863, art. 127.. The parole is essentially an individual
The agreement executed by an officer for his subordinates is valid as to each only after his adherence. Vide G. 0. 100, 1863, art. 121.