A Critical Exposition of the Popular 'Jihád'/Chapter 10/58

[Sidenote: The law of nations regarding the prisoners of war.]

Before reviewing the case of each prisoner, I must note, by way of introductory remarks, that, under the international or military law, a prisoner of war is a public enemy armed or attached to the hostile army for active aid, and who has fallen into the hands of the captor, either fighting or wounded, on the fields or in the hospitals, by individual surrender or capitulation. All soldiers, of whatever species of arms; all men who belong to the rising en masse of the hostile country; all those who are attached to the army for its efficiency and promote directly the object of the war, except religious persons, officers of medical staff, hospital nurses and servants, all disabled men or officers on the field, or elsewhere, if captured, all enemies who have thrown away their arms and asked for quarters, are prisoners of war, and as such exposed to the inconveniences as well as entitled to the privileges of a prisoner of war. He is subject to no punishment for being a public enemy, nor is any revenge wreaked upon him by the international infliction of any suffering or disgrace, by cruel imprisonment, want of food, by mutilation, death, or any other barbarity. But a prisoner of war remains answerable for his crimes committed against the captor's army or people before he was captured, and for which he has not been punished by his own authorities. All prisoners of war are liable to the infliction of retaliatory measures.