Restraint.

808. Prisoners of war may be subjected to the restraint necessary' for their safe custody. The infliction upon them of any suffering or indignity is unlawful.

2 Wildman's Intern. Law, p. 26.

Prisoners of war may be confined or fettered, when necessary for their safe keeping. Halleck, Intern. Law & Laws of War, p. 430, § 7.

Rights of prisoner.

809. A prisoner of war does not lose any of his rights, except that of liberty. His captivity only suspends the exercise of those rights with which it is inconsistent.

Bluntschli, Droit Intern. Codifié, § 738.

When prisoners of war may be punished.

810. A prisoner of war cannot be punished for be ing an enemy, nor for lawful hostilities committed by him as such.'

He may be punished for crimes' committed against the captor or the captor's people, for which he has not been punished by his own nation.

Lieber's Instructions, 56, 59.

1 Opinions of Sir John Dodson, Sir John Campbell and Sir R. M. Rolfe, in Cases & Opinions in Constitutional Law, by Forsyth, p. 199.

These crimes are not only such as are defined by this Code, but include others.

Treason and other offenses committed in waging civil war.

811. The provisions of this Code as to prisoners of war do not prevent a nation from punishing its own members or domiciled residents, for any violation of its laws involved in their taking part in a civil war.

Information.

812. Prisoners cannot be required to give information concerning their own forces; nor if required to do so, can they be punished for giving false information.

Lieber's Instructions,

80.

Perhaps an exception should be made

in respect to services as guides.

Deceit by prisoner.

813. If a prisoner assume a false rank or condition to affect his treatment in respect of confinement or exchange, his release may be refused, and he may be punished on recapture after release obtained by such

means.

Lieber's Instructions, 107.

Compulsory labor.

814. Prisoners of war cannot be required to work for the captor, except for their own support, in case their own nation fails to provide adequately for them, and then only according to their rank and station;' and not in any service which directly subserves a military purpose.*

1 Lieber's Instructions, ¶ 76. Halleck, (Intern. Law & Laws of War, p. 436, § 15,) says, they are not required to do so beyond the police duty of camp and garrison, and also where the enemy refuses to provide for them, and in extreme cases.

? This qualification is obviously proper.

Subject to retaliatory measures.

815. All prisoners of war are liable to the infliction of retaliatory measures.

Lieber's Instructions,¶¶ 59.

See Article 758.

"Parole" defined.

816. A parole is a pledge of individual good faith and honor to do, or to omit doing, certain acts, after he who gives his parole shall have been dismissed wholly or partially from the power of the captor.

Lieber's Instructions, 120.

Parole.

817. Engagements made by prisoners of war that for a period not exceeding the duration of the war

they will not escape, nor bear arms against the captor, are valid; unless forbidden as provided in the next article; and the nation to which the service of such prisoners is due is bound to enforce such engage

ments.

Other engagements by prisoners of war inconsistent with their allegiance are void.

Halleck, Intern. Law & Laws of War, p. 434, § 12; General Orders of U. S. War Department, 1863, vol. 2, p. 52, No. 49, § 12.

Paroles can only refer to the existing enemy and to his existing allies, and the existing war. Gen. Ord. of U. S. War Dep., 1863, vol. 2, p. 51, No. 49, § 9.

A military parol not to serve until exchanged must not be confounded with a parole of honor, to do or not to do a particular thing not inconsistent with the duty of a soldier; such as a parole of honor not to attempt to escape, given by a prisoner in actual custody, in order to obtain exemption from close guard or confinement. Such pledges though binding should be seldom given, for it is a prisoner's duty to escape if he can. Id., 1863, vol. 2, p. 237, No. 207, § 3.

It is the duty of the captor to guard his prisoners, and if, through necessity or choice, he fail to do so, it is the duty of the prisoner to return to the service of his government. He cannot avoid this duty by giving an unauthorized parole. Id., 1863, vol. 2, p. 237, No. 207, § 2.

An officer who gives a parole for himself or his command on the battlefield, is deemed by the common law and usages of war, to be a deserter. Id., 1863, vol. 2, p. 51, No. 49, § 4.

Lieber, (Instructions, ¶¶ 126–128,) says, that commissioned officers only are allowed to give their parole, and they can give it only with the permission of their superior, as long as a superior in rank is within reach; that no non-commissioned officer or private can give his parole except through an officer. And 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.

No paroling on the battle-field, no paroling of entire bodies of troops after a battle, and no dismissal of large numbers of prisoners, with a general declaration that they are paroled, is permitted, or is of any value.

Forbidding parole.

818. A nation which provides adequately for the

support of prisoners taken by the enemy, may forbid their accepting a release on parole.

See Halleck, Intern. Law & Laws of War, p. 438, § 18, who says, a nation cannot forbid a release on parole unless at the same time it provides means of support during imprisonment.

Extortion of parole by ill usage.

819. A pledge or parole extorted from a prisoner by ill usage is not binding.

General Orders of U. S. War Dep., 1863, vol. 2, p. 237, No. 207, § 3.

Paroles to be reduced to writing.

820. When a parole is given and received, there must be an exchange of two documents, in which the name and rank of the person paroled are accurately and truthfully stated.

And accurate lists of all paroled persons must be kept by the belligerents.

Lieber's Instructions, ¶¶ 124, 125.

Obligation of a parole.

821. An obligation by parole, not to serve again during the war, forbids active service in the field or at sea, against the paroling belligerent or his allies, but does not forbid active service against other belligerents, nor internal service, such as recruiting or drilling recruits, fortifying places not besieged, or quelling civil commotions, nor civil, diplomatic or other non-combatant service.

Lieber's Instructions, ¶ 130.

Violation of parole.

822. A prisoner who violates a lawful parole may be punished with death if recaptured.

Martens, Droit des Gens, tome II., § 275; Lieber's Instructions, ¶ 124. The modern practice usually is to abstain from the infliction of death, except in an aggravated case, and to substitute close confinement with severities and privations not cruel in their nature or degree.

Escapes.

823. A conspiracy among prisoners for a common escape is unlawful, and may be punished with death.

An individual escape or attempt at escape by a prisoner of war, without conspiracy or violation of parole, is lawful; but a prisoner may lawfully be killed if discovered in flight.'

Lieber's Instructions, ¶ 77.

'On being recaptured the escaped prisoner cannot be punished for such escape. Ib., ¶ 78.

824. A hostage is a person accepted as a pledge for the fulfillment of an agreement between belliger

ents.

Lieber's Instructions, 54. Hostages are now rarely given.

Treatment of hostages.

825. If the giver of a hostage fail to perform his obligation, the hostage may be retained; but neither death, nor any personal injury beyond detention by such means only as are necessary for enforcing the pledge, can be inflicted on him.'

In other respects, hostages are entitled to the immunities of prisoners of war."

12 Phillimore's International Law, p. 68.

It has been said that a hostage is to be treated as a prisoner of war, but by this no more is meant than that he is not to be treated as a criminal. He is not subject to the peculiar liabilities nor has he the peculiar advantages of a prisoner of war. It is clear, says Phillimore, (vol. 2, p. 68,) that any proceeding of rigor against a hostage, even if he be forcibly seized in time of war, beyond what may be necessary for the security of his person, is illegal. Nor is he on the other hand entitled to exchange like a prisoner.

2 Bluntschli, Droit Intern, Codifié, § 600.

Death of hostage.

826. If a hostage die, the giver is not bound, except in case of an express stipulation, to replace him.

2 Phillimore's Intern. Law, p. 68.