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individual responsibilities that may exist, the Detaining Power is responsible for the treatmentgiven POWs. 349.2.3 Responsibility of POWs. Just as the Detaining Power is responsible for thetreatment of POWs, POWs also have certain responsibilities related to their detention.POWs continue to have obligations to the Power on which they depend. 35 POWs are alsoobliged to obey the laws, regulations, and orders of the Detaining Power. 36 Despite this generalobligation, POWs may not be punished in respect of their successful escape, if recaptured by theDetaining Power. 379.2.4 Humane Treatment. Humane treatment is a fundamental principle underlying theGPW; it is always required. 38 Moreover, interpretations of the GPW that provide for humanetreatment should be favored over rigid interpretations of the GPW that lead to results that wouldbe detrimental to the welfare of POWs.9.2.5 Reciprocity in the Treatment of POWs. The rules for the treatment of POWs havelong been based on the principle that POWs should be treated as the Detaining Power wouldwant its forces held by the enemy to be treated. 39 Aside from being legally required, the33 GPW art. 12 (“Prisoners of war are in the hands of the enemy Power, but not of the individuals or military unitswho have captured them.”); 1929 GPW art. 2 (“Prisoners of war are in the power of the hostile Power, but not of theindividuals or corps who have captured them.”); HAGUE IV REG. art. 4 (“Prisoners of war are in the power of thehostile Government, but not of the individuals or corps who capture them.”); LIEBER CODE art. 74 (“A prisoner ofwar, being a public enemy, is the prisoner of the government, and not of the captor.”).34 GPW art. 12 (“Irrespective of the individual responsibilities that may exist, the Detaining Power is responsible forthe treatment given them.”).35 Refer to § 9.22.2 (POWs’ Status With Respect to Their Armed Forces).36 Refer to § 9.26.1 (POWs Subject to the Laws, Regulations, and Orders in Force in the Armed Forces of theDetaining Power).37 Refer to § 9.25.1 (No Punishment for Successful Escape).38 Refer to § 9.5 (Humane Treatment and Basic Protections for POWs).39 For example, Basic Course in the Geneva Conventions of 1949 and Hague Convention No. IV of 1907: LessonPlan—First Hour, 6, Appendix A in DEPARTMENT OF THE ARMY SUBJECT SCHEDULE 27-1, The GenevaConventions of 1949 and Hague Convention No. IV of 1907, 6 (Aug. 29, 1975) (“Although we shall presentlydiscuss the most important of the many specific rules set out in these [1949 Geneva] Conventions, you shouldalways keep in mind that these rules are embodied in one general principle: treat all prisoners of war, civilians, orother detained personnel humanely. … But, you ask, what does it mean to treat someone humanely? If you treatsuch people as you would like to be treated were you captured or detained, you will be treating them humanely.Remember that a PW is in your protective custody, and you cannot harm him.”); George Washington, Commanderin-Chiefof the Continental Army, Letter to Lieutenant General Thomas Gage, Head Quarters, Cambridge (Aug. 11,1775), reprinted in JARED SPARKS, THE WRITINGS OF GEORGE WASHINGTON; PART SECOND, III 60 (1837) (“MyDuty now makes it necessary to apprize you, that for the future I shall regulate my Conduct towards thoseGentlemen, who are or may be in our Possession, exactly by the Rule you shall observe towards those of ours, nowin your Custody. If severity and hardship mark the line of your conduct, painful as it may be to me, your prisonerswill feel its effects. But if kindness and humanity are shown to ours, I shall with pleasure consider those in ourhands only as unfortunate, and they shall receive from me that treatment to which the unfortunate are entitled.”).516

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