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9.5.2.1 Prohibition on Killing of POWs. A commander of a force may not putenemy prisoners to death because their presence retards the force’s movements or diminishes theforce’s power of resistance by necessitating a large guard, or by reason of the prisonersconsuming supplies, or because it appears certain that they will regain their liberty through theimpending success of enemy forces. It is likewise unlawful for a commander to kill enemyprisoners in the force’s custody on grounds of self-preservation, even in the case of airborne orcommando operations, although the circumstances of the operation may make necessary rigoroussupervision of and restraint upon the movement of POWs. 104Older sources that permitted commanders in dire circumstances to deny quarter do notreflect the current law. 1059.5.2.2 Protection Against Violence by the Civilian Population or Others. POWsmust be protected against violence by the civilian population. 106 POWs should be protected notonly against unlawful acts by the agents of the Detaining Power, but also against violence fromother POWs. 107the Island of Aineman, Jaluit Atoll, Marshall Islands, at a time when a state of war existed between the United Statesof America and the Japanese Empire, wilfully, feloniously, with malice aforethought without justifiable cause, andwithout trial or other due process, assault and kill, by shooting and stabbing to death, three American fliers, then andthere attached to the Armed forces of the United States of America, and then and there captured and unarmedprisoners of war in the custody of the said accused, all in violation of the dignity of the United States of America,the International rules of warfare and the moral standards of civilised society.’”).104 1956 FM 27-10 (Change No. 1 1976) 85 (“A commander may not put his prisoners to death because theirpresence retards his movements or diminishes his power of resistance by necessitating a large guard, or by reason oftheir consuming supplies, or because it appears that they will regain their liberty through the impending success oftheir forces. It is likewise unlawful for a commander to kill his prisoners on the grounds of self-preservation, evenin the case of airborne or commando operations, although the circumstances of the operation may make necessaryrigorous supervision of and restraint upon the movement of prisoners of war.”); 1958 UK MANUAL 137 (“Acommander may not put his prisoners of war to death because their presence retards his movements or diminisheshis power of resistance by necessitating a large guard, or by reason of their consuming supplies, or because itappears that they will regain their liberty through the impending success of the forces to which they belong. It isunlawful for a commander to kill prisoners of war on grounds of self-preservation. This principle admits of noexception, even in the case of airborne or so-called commando operations—although the circumstances of theoperation may make necessary rigorous supervision of and restraint upon their movement.”).105 See, e.g., LIEBER CODE art. 65 (“[A] commander is permitted to direct his troops to give no quarter, in greatstraits, when his own salvation makes it impossible to cumber himself with prisoners.”).106 See, e.g., Trial of Erich Heyer and Six Others (The Essen Lynch Case), I U.N. LAW REPORTS 88, 89 (BritishMilitary Court for the Trial of War Criminals, Essen, Dec. 18-19 and 21-22, 1945) (“[P]risoners of war weremarched through one of the main streets of Essen, the crowd around grew bigger, started hitting them and throwingsticks and stones at them. An unknown German corporal actually fired a revolver at one of the airmen and woundedhim in the head. When they reached the bridge, the airmen were eventually thrown over the parapet of the bridge;one of the airmen was killed by the fall; the others were not dead when they landed, but were killed by shots fromthe bridge and by members of the crowd who beat and kicked them to death.”); United States, et al. v. Göring, et al.,Judgment, I TRIAL OF THE MAJOR WAR CRIMINALS BEFORE THE IMT 229 (“When Allied airmen were forced to landin Germany, they were sometimes killed at once by the civilian population. The Police were instructed not tointerfere with these killings, and the Ministry of Justice was informed that no one should be prosecuted for takingpart in them.”).107 GPW COMMENTARY 143 (“Respect for physical integrity generally means that it is prohibited to kill, wound oreven endanger prisoners of war. As we have seen above, Article 13 defines this obligation in a positive manner by525

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