Rules of War

The difference between an ordinary criminal, an ENEMY COMBATANT, and a prisoner of war is important. An ordinary criminal may be detained, prosecuted, and punished in accordance with the domestic criminal laws of the country in which the crime is committed. An enemy combatant may be detained and interrogated on foreign soil while hostilities are ongoing, without the benefit of counsel, the right to file a HABEAS CORPUS petition, or other fundamental liberties afforded by the U.S. Constitution or international law. A conventional soldier who is captured by the enemy must be humanely treated in accordance with the international rules of war. Under these rules prisoners of war are required to give their captors only enough information for identification, such as name, rank, serial number, and date of birth. According to the rules, captors may not torture prisoners to extract information from them or subject prisoners to punishment without first complying with specific legal procedures.

Under the rules of war, prisoners of war may not be punished for wrongs committed by the armed forces to which they belong, and medical and scientific experiments upon prisoners are forbidden. Captors must provide prisoners with sufficient food and beverages to maintain good health, and adequate standards of clothing, housing, sanitation, and hygiene are prescribed. To encourage accountability, captors are required to disclose the names of prisoners to the belligerent for which they were fighting when captured.

Although prisoners of war may be compelled to work while in captivity, they cannot be forced to contribute directly to the captor's war effort, and they must receive pay for their work on a scale commensurate with their rank. Prisoners are not permitted to harm their captors under the rules of war, but they may attempt to escape. Prisoners of war are entitled to full freedom of religion, and discrimination based on race, color, or ethnicity is prohibited. Given the

U.S. Army medics treat a wounded Iraqi officer in April 2003. The rules of war require captors to provide sick and wounded soldiers with medical treatment.
AP/WIDE WORLD PHOTOS

breadth of these rights, prisoners of war often enjoy greater protection under the rules of war than they would under the domestic laws of their captor.

In certain cases being granted the status of prisoner of war can mean the difference between life and death. Summary execution of prisoners is expressly proscribed, as are orders to "take no prisoners" on the battlefield, which is tantamount to an order for their execution. The rules of war place other limitations on the use of CAPITAL PUNISHMENT and affirmatively require captors to provide sick and wounded prisoners with medical care. Violations of these rules, though not uncommon in the heat of battle, are deterred by the threat of REPRISAL. Prisoner exchanges, which benefit both sides, also provide belligerents with incentive for reciprocal compliance with these rules.