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[openidwouldwork]

International relations, AD 1802

From A Compendium of the Law of Nations



SECT. 5

Of Prisoners of War.

When the conqueror receives the conquered as
prisoner of war, it is looked upon that all violences
between them have ceased. The ancient custom of mak«
ing slaves of the conquered is no longer practised by
the powers of Europe, except by way of retaliation to«
wdrds the barbarians. Christian powers generally
keep prisoners of war under a guard, till they are ran-
somed t or exchanged by cartel, or till the peace. Of-
ficers are often released on their parole of honour, by
which they promise not to serve, against the power who
releases them, for a certain time, or during the war;
and to appear at an appointed place as often as they
shall be duly summoned. Those who, regardless of their
parole, take up arms, while the convention is observed
on the other side, are looked upon as infamous; and, if
they again fall into the bands of the enemy to whom
they have given their parole, he is not, by the laws of
war obliged to give them quarter.




SECT. 6.

Of those who are not admitted as Prisoners of War,

Those who, unauthorized by their profession or
the order of their sovereign, exercise violences against
an enemy, and foil into that enemy's hands, have no
right to expect the treatment due to prisoners of war :
the enemy is justifiable jn putting them to death as
banditti. So also, soldiers who employ means which
are contrary to the laws of war, or who act without
orders from their chief, may be punished in conse-
quence by the enemy.

Those who, under a false name and disguised
character, enter the camp of the enemy, in order to
serve as spies, or to empoison, assassinate or corrupt,
are punished by an ignonimous death ; being, besides,
looked upon as acting without the order of their so-
vereign.

Comments

[rosinarowantree.livejournal.com]

Most interesting...

Officers are often released on their parole of honour, by which they promise not to serve, against the power who releases them, for a certain time, or during the war; and to appear at an appointed place as often as they shall be duly summoned.

This covers both those sent home to their own country - who would be able to take up arms, although if they did so, would be regarded as 'infamous', and those held on parole in the country that had captured them, who might be expected to be there when summoned...

[openidwouldwork.livejournal.com]

I just wish I had more material on the 'value' and the 'idea' of honour...
... and I am amused that the French were notorious for breaking parole *grins*

[rosinarowantree.livejournal.com]

Of course, that's only in British sources - and I think there was a fair bit of parole breaking in the Jacobite Rebellion, by the loyal Scots for example, who did not feel that parole given to a parcel of rebels counted. Keith of course wouldn't give his parole to go home and not serve against the Jacobites - he found he was in duty bound to go where his King sent him, not pick and choose (even though he would have preferred continental service)

[sentryguardt.livejournal.com]

The British weren't exempt from breaking parole or conducting to act in such behavour that their parole was withdrawn. :) They were only people on both sides after all!