International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
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International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
under all circumstances to maintain them, and provide quarters, food,
and clothing for them on the same footing as for its own troops. Officer
prisoners must receive the same pay as officers of corresponding rank in
the country where they are detained, the amount to be repaid by their
Government after the conclusion of peace. All prisoners of war must
enjoy every latitude in the exercise of their religion, including
attendance at their own church service, provided only they comply with
the regulations for order issued by the military authorities. If a
prisoner wants to make a will, it must be received by the authorities or
drawn up on the same conditions as for soldiers of the national army.
And the same rules are valid regarding death certificates and the burial
of prisoners of war, and due regard must be paid to their grade and
rank. Letters, money orders, valuables, and postal parcels destined for
or despatched by prisoners of war must enjoy free postage, and gifts and
relief in kind for prisoners of war must be admitted free from all
custom and other duties as well as payments for carriage by Government
railways (article 16).
[Footnote 258: See below, § 144.]
[Footnote 259: See _Land Warfare_, § 69.]
[Sidenote: Who may claim to be Prisoners of War.]
§ 127. Every individual who is deprived of his liberty not for a crime
but for military reasons has a claim to be treated as a prisoner of war.
Article 13 of the Hague Regulations expressly enacts that
non-combatant[260] members of armed forces, such as newspaper
correspondents, reporters, sutlers, contractors, who are captured and
detained, may claim to be treated as prisoners of war, provided they can
produce a certificate from the military authorities of the army they
were accompanying. But although the Hague Regulations do not contain
anything regarding the treatment of private enemy individuals and enemy
officials whom a belligerent thinks it necessary[261] to make prisoners
of war, it is evident that they may claim all privileges of such
prisoners. Such individuals are not convicts; they are taken into
captivity for military reasons, and they are therefore prisoners of war.
[Footnote 260: See above, § 79.]
[Footnote 261: See above, §§ 116 and 117.]
[Sidenote: Discipline.]
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