PRISONERS OF WAR. "A prisoner of war is a public enemy armed or attached to the hostile army for active aid, who has fallen into the hands of the captor . . . by individual surrender or by capitulation. All soldiers, of whatever spe cies of arms; all men who belong to the rising en :arise of the hostile country [not already oc cupied by an invading army; Art. 52] : all those who are attached to the army for its efficiency and promote directly the object of the war . . . : all disabled men or officers on the field or elsewhere, if raptured; all enemies who have thrown away their arms and ask for quarter [which may not he refused except in 'great straits' or in retaliation; Arts. 60-66], are pris oners of war and as such exposed to the incon veniences as well as entitled to the privilege of a prisoner of war." (Instructions for United Stales Armies, Article 49). In addition, sutlers, edi tors„reporters of journals, or contractors may be made prisoners of war (Art. 501. Chaplains, of ficers of the medical staff, apotheenries, hospital nurses, and servants are not prisoners of war (Art. 53). 'Hostages, rarely given and accepted to-day, are treated as prisoners (Arts. 54-53 The recognized naval forces are as follows: "The officers and men of the navy, naval reserve, naval militia, and their auxiliaries; the officers and 111C11 of all other armed vessels cruising under lawful authority." (( nited Mutes Nam/ iltir Code, Art. 9). The personnel of all public un armed vessels ONNued or in the enemy's service; the personnel of merchant who in defense and in protection of the vessel resist attack, as well as "the personnel of the armed forces or armed vessels of the enemy, Whether combatants or moll-eombatants, are (-Milled to re ceive the humane treatment due to prisoners of war'' (Art. 10). Hospital ships and their per sonnel if strictly neutral are not liable to cap ture (Arts. 21-23), and the religious, medical, and hospital personnel of any vessel captured during hostilities are inviolable, and on leaving ship may carry with them articles and instru ments of surgery which are their private prop erty (Art. 26).
ln battle, the enemy may lie wounded or killed; unresisting he has the right to quarter; as pris oner of war, his life, person, and property are placed under the protection of the captor. This applies to soldier and sailor; to the able-hodied, sick, wounded, or shipwrecked (Instructions, Arts. 71,72; Xi; ral Code, Arts. 27-29). The cap tured enemy is deprived of his arms and thus loses his enemy character. He has, however, a right to support and nourishment and wholesome food," Instructions, Art. 70), and if able-bodied may be made to work (though not to perform military service) for the benefit of the captors' government (Instructions, Art. 70). Prisoners are subject to confinement or imprison ment such as may be necessary either for their own or the captor's safety; but they are subject to no intentional suffering or indignity. They should be treated with humanity and the sick and wounded receive medical treatment, accord ing to the ability of the medical staff (Instruc tions, Arts. 75, 79; Code, Arts. 27-29).
The status of prisoner. once established, con tinues as long as the captor retains control of the person. It ends by a successful escape, hut an unsuccessful attempt entails stricter confine ment. An escaping prisoner may, however, be shot or otherwise killed (Instructions. Art. 77). The status likewise ends by exchange, officer for officer of equal rank, private for private, and a stated number of inferior for superior officers, according to the cartel or formal agreement of the belligerents (Instructions, Arts. 103-110). Or the prisoners may be paroled, that is, set free, an express promise not to serve in a mili tary capacity against the captor (hiring the con tinuance of the war. Only an officer may pledge his honor, that is, give his word or parole for himself and soldiers; if the parole thus given he rejected by his Government officers and soldiers must return to the enemy. Violation of the parole is punishable, on recapture, by death (Instructions, Arts. 119-13f). An escaped pris oner who joins his army is not punishable if sub sequently captured (Instructions, Art. 75). It sho1b1 be noted that armed bands acting without commission or authorization of any kind are not treated as prisoners, but as highway robbers or pirates (Instructions, Art. 82).
Such is the present treatment of prisoners of war, the most recent formulation of which is found in the proceedings of tuella/me Peace Con ference of 1899. In ancient times the enemy was put to the sword or enslaved, according to the captor's pleasure; in the Aliddle Ages little dif ference seems to have been made between combat ant and non-combatant. The doctrine is, how ever, settled beyond need of argument that only the enemy in battle may be wounded or killed; that the unresisting enemy on the field or the vessel is entitled to quarter; and in captivity to like treatment, as far as circumstances per mit, with the soldier and sailor of the captor.
liumuatArnY. In addition to authorities ap pended to the article on INTERNATIONAL LAW, consult Taylor, Public International Lull' (Chi cago, 19(11) ; Davis, Elements of International Law (revised ed., New York, 1900) : Wilson and 'Flicker, International Law (ib., 1901) ; Scott, Cases on International Law, part ii. Poston, 1902 ) ; fa ine, International Law ( London, 188S) ; llarconrt, Lifers by llistw-icus (ib., 1503) ; Wildman, Institutes of International Law, ii. (ib., 1850) ; Sheldon Amos. Remedies for Wur (i1).„ 1880) ; !lolls, Peace Conference at The Hague (New York, 1900). This work is indis pensable for a correct understanding of the sub ject. The Instructions for the Government of Armies of the Cnitcd States in the Field (1803) and The Laws and Usages of War at (190(1) are given in convenient form in the appendix to Wilson and Tucker. For War in its purely mili tary aspect see STRATEGY; TACTICS; ARMY OR GANIZATION.