Prisoners of War: Does the Fight Continue After the Battle?

Just beyond the state there is a kind of limbo, a strange world this side of the hell of war, whose members are deprived of the relative security of political or social membership. Different sorts of people live there, mostly for indefinite periods of time, people who have been expelled from their state or otherwise deprived of legal rights, people whose state has been defeated in war and occupied or who have been separated somehow from its jurisdiction. Among the residents, two groups endure conditions paradigmatic for all the others: refugees, deprived of their rights by persecution; and prisoners of war, separated from their state by captivity. The two are very different, since refugees are stateless persons, radically dependent on their hosts and unable to look backward to any protecting authority, while prisoners remain citizens still and receive such protection as their states can provide. However distant and isolated they may be from their home country, their captivity is (hopefully) temporary; both captives and captors may one day be required to account for their behavior. Nevertheless, prisoners and refugees belong alike to the limbo world. They cannot expect effective help from any organized society; they do not know when, if ever, they will be “at home” again; they are compelled to reconstruct or redefine their obligations without reference, or without clearcut reference, to authoritative laws and commands.

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[2]  Julius Stone,et al.  The Modern Law of Land Warfare. , 1961, American Journal of International Law.

[3]  G. S. P. join The Code of Conduct for the Armed Forces , 1956 .

[4]  William E. S. Flory Prisoners of war, a study in the development of international law , 1943, Revue Internationale de la Croix-Rouge et Bulletin international des Societes de la Croix-Rouge.