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9.11.3 Location of POW Camps.9.11.3.1 Location on Land. POWs may be interned only in premises located onland. 198 This rule is intended to ensure that POWs are interned in a relatively safe and healthyenvironment. For example, in prior conflicts, POWs interned on ships were not held in hygienicand humane conditions. Similarly, POWs held on ships faced increased risk from the dangers ofwar.Because the purpose of the rule is to provide for the detention of POWs in a relativelysafe and healthy environment, detention aboard ship for POWs captured at sea or pending theestablishment of suitable facilities on land is nonetheless consistent with the GPW if detention ona ship provides the most appropriate living conditions for POWs. 199 Ships may also be used totransport POWs or for screening. 2009.11.3.2 Use of Penitentiaries as POW Camps. Except in particular cases that arejustified by the interests of the POWs themselves, POWs shall not be interned inpenitentiaries. 201 This rule reflects the principle that POW detention is not punitive, but alsorecognizes that penitentiaries may sometimes provide the most appropriate lodging. 202such cases, they are bound, on their personal honour, scrupulously to fulfil, both towards their own Government andthe Government by whom they were made prisoners, the engagements they have contracted. In such cases their ownGovernment is bound neither to require of nor accept from them any service incompatible with the parole given.”).197 GPW art. 21 (“In such cases, the Power on which they depend is bound neither to require nor to accept from themany service incompatible with the parole or promise given.”).198 GPW art. 22 (“Prisoners of war may be interned only in premises located on land and affording every guaranteeof hygiene and healthfulness.”).199 For example, Gregory P. Noone, Christian P. Fleming, Robert P. Morean, John V. Danner, Jr., Philip N. Fluhr,Jr., Jonathan I. Shapiro, Sandra L. Hodgkinson, Edward J. Cook, & Dillon L. Ross IV, Prisoners of War in the 21stCentury: Issues in Modern Warfare, 50 NAVAL LAW REVIEW 1, 16 (2004) (“During OIF [Operation IraqiFreedom], a U.S. naval vessel in the Persian Gulf served as a temporary detention facility for EPWs. EPWinternment camps in Iraq were not yet ready for prisoners. Additionally, Kuwait refused to allow Coalition forces tobuild EPW camps in Kuwait and they would not allow Coalition forces to bring EPWs into Kuwait. The cavernoushold of USS DUBUQUE (LPD-8), an amphibious assault ship, was converted into a detention facility whereprisoners were held and interrogated as EPWs until camps were operational on shore.”); Joint Chiefs of Staff, Memore: Policy Concerning Temporary Detention of Prisoners of War, Civilian Internees, and Other Detained PersonsAboard Naval Vessels, 2a.(3) -2b (Aug. 24, 1984) (“PW/CI/DET may be temporarily held on board naval vesselsif such detention would appreciably improve the safety or health prospects for the PW/CI/DET. b. Holding ofPW/CI/DET on board vessels must be truly temporary, limited to the minimum period necessary to evacuate thePW/CI/DET from the combat zone or to avoid the significant harm the PW/CI/DET would face if detained onland.”); 2004 UK MANUAL 8.37.1 footnote 123 (“[Temporary internment on board ship for the purpose ofevacuation from the combat zone] was done during the Falklands conflict 1982, with the concurrence of the ICRC,because there was nowhere suitable to hold PW on the Falklands Islands and the intention was to repatriate them asquickly as possible.”).200 Refer to § 9.10.4 (Use of Ships for Temporary Detention).201 GPW art. 22 (“Except in particular cases which are justified by the interest of the prisoners themselves, they shallnot be interned in penitentiaries.”).202 For example, I REPORT OF THE INTERNATIONAL COMMITTEE OF THE RED CROSS ON ITS ACTIVITIES DURING THESECOND WORLD WAR (SEPTEMBER 1, 1939 – JUNE 30, 1947) 248 (1948) (“Experience in the recent War showed that539

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