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In addition to the agreements expressly provided for in Articles 10, 23, 28, 33, 60, 65, 66,67, 72, 73, 75, 109, 110, 118, 119, 122, and 132 of the GPW, Parties to the GPW may concludeother special agreements for all matters concerning which they may deem it suitable to makeseparate provision. 27 No special agreement shall adversely affect the situation of POWs, asdefined by the GPW, nor restrict the rights that it confers upon them. 28POWs shall continue to have the benefit of such agreements as long as the GPW isapplicable to them, except where express provisions to the contrary are contained in these orsubsequent agreements, or where more favorable measures have been taken with regard to themby one or other of the parties to the conflict. 299.1.3 DoD Policies and Regulations for the Treatment of POWs. DoD policies andregulations regarding the treatment of POWs provide authoritative guidance for DoD personneland fill an important role in implementing the complex requirements of the GPW. 30Practitioners are advised to consult all applicable policies and regulations, as these, in manycases, exceed the requirements of the GPW, U.S. statutes, and Executive Orders.9.2 GENERAL PRINCIPLES APPLICABLE TO THE TREATMENT OF POWSCertain principles provide the foundation for the rules governing the treatment of POWs.9.2.1 Detention Is Non-Punitive in Character. The detention of POWs is not punishment,and is devoid of all penal character. 31 It is intended to disable the POW and to prevent him orher from further participation in hostilities. 329.2.2 Responsibility of the Detaining Power. POWs are in the hands of the enemyPower, and not of the individuals or military units who have captured them. 33 Irrespective of the26 Refer to § 18.14.1 (Inquiry Procedure in the 1949 Geneva Conventions).27 GPW art. 6 (“In addition to the agreements expressly provided for in Articles 10, 23, 28, 33, 60, 65, 66, 67, 72,73, 75, 109, 110, 118, 119, 122 and 132, the High Contracting Parties may conclude other special agreements for allmatters concerning which they may deem it suitable to make separate provision.”).28 GPW art. 6 (“No special agreement shall adversely affect the situation of prisoners of war, as defined by thepresent Convention, nor restrict the rights which it confers upon them.”).29 GPW art. 6 (“Prisoners of war shall continue to have the benefit of such agreements as long as the Convention isapplicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequentagreements, or where more favourable measures have been taken with regard to them by one or other of the Partiesto the conflict.”).30 Refer to § 18.7 (Instructions, Regulations, and Procedures to Implement and Enforce the Law of War).31 WINTHROP, MILITARY LAW & PRECEDENTS 788 (“It is now recognized that—‘Captivity is neither a punishmentnor an act of vengeance,’ but ‘merely a temporary detention which is devoid of all penal character.’”); FrancisLieber, The Status of Rebel Prisoners of War, reprinted in II THE MISCELLANEOUS WRITINGS OF FRANCIS LIEBER293 (1881) (“A belligerent is not a criminal, and the imprisonment of a captured belligerent is not a punishment. Aprisoner of war is no convict; his imprisonment is a simple war measure.”).32 United States, et al. v. Göring, et al., Judgment, I TRIAL OF THE MAJOR WAR CRIMINALS BEFORE THE IMT 232(quoting approvingly a German Admiral who argued for the humane treatment of POWs during World War II, “warcaptivity is neither revenge nor punishment, but solely protective custody, the only purpose of which is to preventthe prisoners of war from further participation in the war.”).515