PRISONER OF WAR. One who has been captured while fighting under the banner of some state. He is a prisoner even though never confined in a prison.
In modern times, prisoners are treated with more humanity than formerly : the indi vidual captor has now no personal right to his prisoner. Prisoners are under the su perintendence of the government. See 1 Kent 14.
The Convention Concerning the Laws and Customs of. War on Land, adopted at The Hague in 1899, lays down (arts. 4-20) spe cific rules regarding the status of prisoners of war and the treatment to be accorded to them. It is provided that they must be hu manely treated; that their personal belong ings, except those of a military character, are to remain their property; that th,ey are not to be confined unless as an indispensa ble measure of safety ; that, while they may be put to work for the benefit of the captor state, they are to receive pay for such work, and they are not to be set to tasks connected with the operations of war ; that they shall be treated as regards food and clothing on the same footing as the troops of the captor government ; that, if set at liberty on parole, their own government is bound not to require of them any service incompatible with such parole; that they are to be allowed oppor tunity for the exercise of their religion; that wills drawn up by them are to be received on the same conditions as tor soldiers of the national army. Moreover, the Convention
provides for the establishment of a bureau of information whose duty it is to answer all inquiries about prisoners of war ; and relief societies are to receive from the belligerents every facility for the effective accomplish ment of their humane task. Higgins, The Hague Peace Conferences 206-272; Spaight, War Rights on Land 260-319.
It is a general rule that a prisoner of war is out of the protection of the laws of the state so far that he can have no civil remedy under them, and he can, therefore, maintain no action. But his person is protected against all unlawful acts. Spaight, War Rights on Land 260-319. ' See PAROLE.