A Code for the Government of Armies in the Field,: as authorized by the laws and usages of war on land.United States. War Department
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A Code for the Government of Armies in the Field,: as authorized by the laws and usages of war on land.
United States. War Department
Military law -- United States; United States. Army -- Regulations
§ 42. Prisoners of war are subject to the confinement or imprisonment
deemed necessary on account of safety, but they are subjected to no
other intentional suffering or indignity. The confinement, or mode of
releasing the prisoner, may be varied during his captivity according to
the demands of safety.
§ 43. Prisoners of war are fed upon plain and wholesome food, according
to circumstances, and are treated with all humanity.
They may be required to work for the benefit of the captor’s government,
according to their rank and condition.
They may be temporarily assigned, under proper restrictions, to private
citizens willing to take them, and with whom they may earn wages, and
thus pay for their expenses.
§ 44. A prisoner of war, who escapes, may be shot, or otherwise killed
in his flight; but neither death nor any other punishment is inflicted
upon him simply for his attempt to escape, which the law of war does not
consider a crime. Stricter means of security are used after an
unsuccessful attempt at escape.
If, however, a conspiracy is discovered, the purpose of which is a
united or general escape, the conspirators are rigorously punished, even
with death, as capital punishment is also inflicted upon prisoners of
war discovered to have plotted rebellion against the authorities of the
captors, whether in union with fellow-prisoners or other persons.
§ 45. If prisoners of war, having given no pledge nor made any promise,
on their honor, forcibly, or otherwise escape, and are captured again in
battle, after having rejoined their own army, they are not punished for
their escape, and are treated as simple prisoners of war, although they
will be subjected to stricter confinement.
§ 46. Every captured wounded enemy is medically treated, according to
the ability of the medical staff, like a wounded friend.
§ 47. Honorable men, when captured, will abstain from giving to the
enemy information concerning their own army, and the modern law of war
permits no longer the use of any violence against prisoners, in order to
extort the desired information, or to punish them for having given false
information.
ARMED ENEMIES NOT BELONGING TO THE HOSTILE ARMY. SCOUTS. ARMED PROWLERS.
WAR-REBELS.
§ 48. Men, or squads of men, who commit hostilities, whether by
fighting, or inroads for destruction or plunder, or by raids of any
kind, without commission, without being part and portion of the
organized hostile army, and without sharing continuously in the war, but
who do so with intermitting returns to their homes and avocations, or
with the occasional assumption of the semblance of peaceful pursuits,
divesting themselves of the character or appearance of soldiers, such
men, or squads of men, are not public enemies, and, therefore, if
captured, not entitled to the privilege of a prisoner of war, but are
treated summarily as highway robbers or pirates.
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