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
§ 128. Articles 8 and 9 of the Hague Regulations lay down the discipline
to be observed in the case of prisoners of war in the following
way:--Every prisoner who, if questioned, does not declare his true name
and rank is liable to a curtailment of the advantages accorded to
prisoners of his class. All prisoners are subject to the laws,
regulations, and orders in force in the army of the belligerent that
keeps them in captivity. Any act of insubordination on the part of
prisoners may be punished in accordance with these laws,[262] but apart
from these laws, all kinds of severe measures are admissible to prevent
a repetition of such acts. Escaped prisoners, who, after having rejoined
their national army, are again taken prisoners, are not liable to any
punishment for their flight. But if they are recaptured before they
succeed in rejoining their army, or before they have quitted the
territory occupied by the capturing forces, they are liable to
disciplinary punishment.
[Footnote 262: Concerning the question whether after conclusion of peace
such prisoners as are undergoing a term of imprisonment for offences
against discipline may be detained, see below, § 275.]
[Sidenote: Release on Parole.]
§ 129. Articles 10 to 12 of the Hague Regulations deal with release on
parole in the following manner:--No belligerent is obliged to assent to
a prisoner's request to be released on parole, and no prisoner may be
forced to accept such release. But if the laws of his country authorise
him to do so, and if he acquiesces, any prisoner may be released on
parole. In such case he is in honour bound scrupulously to fulfil the
engagement he has contracted, both as regards his own Government and the
Government that released him. And his own Government is formally bound
neither to request, nor to accept, from him any service incompatible
with the parole given. Any prisoner released on parole and recaptured
bearing arms against the belligerent who released him, or against such
belligerent's allies, forfeits the privilege to be treated as a prisoner
of war, and may be tried by court-martial. The Hague Regulations do not
lay down the punishment for such breach of parole, but according to a
customary rule of International Law the punishment may be capital.
[Sidenote: Bureau of Information.]
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