International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
History
International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
It was not until the eighteenth century, with its general tendencies to
mitigate the cruel practices of warfare, that matters changed for the
better. The conviction in time became general that captivity should only
be the means of preventing prisoners from returning to their corps and
taking up arms again, and should, as a matter of principle, be
distinguished from imprisonment as a punishment for crimes. The Treaty
of Friendship[257] concluded in 1785 between Prussia and the United
States of America was probably the first to stipulate (article 24) the
proper treatment of prisoners of war, prohibiting confinement in convict
prisons and the use of irons, and insisting upon their confinement in a
healthy place, where they may have exercise, and where they may be kept
and fed as troops. During the nineteenth century the principle that
prisoners of war should be treated by their captor in a manner analogous
to that meted out to his own troops became generally recognised, and the
Hague Regulations have now, by articles 4 to 20, enacted exhaustive
rules regarding captivity.
[Footnote 257: See Martens, _N.R._ IV. p. 37.]
[Sidenote: Treatment of Prisoners of War.]
§ 126. According to articles 4-7 and 16-19 of the Hague Regulations
prisoners of war are not in the power of the individuals or corps who
capture them, but in the power of the Government of the captor. They
must be humanely treated. All their personal belongings remain their
property, with the exception of arms, horses, and military papers, which
are booty;[258] and in practice[259] personal belongings are understood
to include military uniform, clothing, and kit required for personal
use, although technically they are Government property. They may only be
imprisoned as an unavoidable matter of safety, and only while the
circumstances which necessitate the measure continue to exist. They may,
therefore, be detained in a town, fortress, camp, or any other locality,
and they may be bound not to go beyond a certain fixed boundary. But
they may not be kept in convict prisons. Except in the case of officers,
their labour may be utilised by the Government according to their rank
and aptitude, but their tasks must not be excessive and must have
nothing to do with military operations. Work done by them for the State
must be paid for in accordance with tariffs in force for soldiers of the
national army employed on similar tasks, or, in case there are no such
tariffs in force, at rates proportional to the work executed. But
prisoners of war may also be authorised to work for other branches of
the public service or for private persons under conditions of employment
to be settled by the military authorities, and they may likewise be
authorised to work on their own account. All wages they receive go
towards improving their position, and a balance must be paid to them at
the time of their release, after deducting the cost of their
maintenance. But whether they earn wages or not, the Government is bound
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