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9.22.2 POWs’ Status With Respect to Their Armed Forces. Although POWs are notsubject to the judicial or disciplinary procedures of the Power to which they belong while theyare POWs, POWs remain subject to the law, disciplinary authority, and regulations of the Poweron which they depend. 496 For example, while they are POWs, they may not conduct disciplinaryproceedings against one another; however, they are liable to punishment for violationscommitted during captivity, once they have been released and repatriated. 4979.22.3 Saluting Between POWs and Officers of the Detaining Power. POWs, with theexception of officers, must salute and show to all officers of the Detaining Power the externalmarks of respect provided for by the regulations applying in their own forces. 498 POWs need notsalute Detaining Power non-commissioned officers or persons of equivalent status to officersbelonging to the Detaining Power. 499The form and conditions for saluting and showing external marks of respect are to bedetermined by the regulations applying in the armed forces to which the POWs belong. 500 Otherunder the authority of a responsible officer”. The brevity of that text led to considerable abuse of the provisionwhen disciplinary powers were delegated to non-commissioned officers and even to prisoners of war.”).495 Refer to § 9.27.1 (POW Camp Authorities Who May Order Disciplinary Punishment).496 See GPW COMMENTARY 408-09 (“Although the legislation of the Detaining Power is applicable to him duringhis captivity, he remains subject to the military law of his State of origin, as a member of its armed forces. He maytherefore be made answerable before the courts of his country for his acts, and cannot plead in defence that nationallegislation is inapplicable because it is suspended by Article 82.”).497 See, e.g., 10 U.S.C. § 905 (“Misconduct as a prisoner. Any person subject to this chapter who, while in thehands of the enemy in time of war-- (1) for the purpose of securing favorable treatment by his captors acts withoutproper authority in a manner contrary to law, custom, or regulation, to the detriment of others of whatevernationality held by the enemy as civilian or military prisoners; or (2) while in a position of authority over suchpersons maltreats them without justifiable cause; shall be punished as a court-martial may direct.”); United States v.Dickenson 17 C.M.R. 438, 442 U.S. Army Board of Review (1954) (U.S. POW during the Korean War was foundguilty of committing offense when he “for the purpose of securing favorable treatment by his captors, report[ed] tothe enemy officials in command of Prisoner of War Camp Number Five, Pyoktong, North Korea, the preparationsby Edward M. Gaither, then Private First Class Edward M. Gaither, United States Army, a prisoner of war at saidcamp, to escape, as a result of which report the said Edward M. Gaither was placed by the enemy before a mockfiring squad on three occasions, placed by the enemy in solitary confinement for approximately seven months andseverely kicked and beaten with clubs by the enemy.”); United States v. Garwood, 16 M.J. 863, 865 United StatesNavy-Marine Corps Court of Military Review (1983) (U.S. POW during the Vietnam War was found guilty ofcommitting offenses “of aiding enemy forces within prisoner of war camps in the Republic of South Vietnam, inviolation of Article 104, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 904, and of assault of an Americanprisoner of war interned in an enemy prisoner of war camp, in violation of Article 128, UCMJ, 10 U.S.C. § 928.”).498 GPW art. 39 (“Prisoners of war, with the exception of officers, must salute and show to all officers of theDetaining Power the external marks of respect provided for by the regulations applying in their own forces.”).499 GPW COMMENTARY 240-41 (“This provision requires prisoners of war to show the relevant external marks ofrespect to all officers; at the same time, it automatically excludes from this privilege any representative of theDetaining Power who is not an officer or does not wear officer’s uniform. Similarly, it excludes all noncommissionedofficers, regardless of the laws and regulations of the Detaining Power.”).500 GPW COMMENTARY 241 (“The present provision does not merely state to whom prisoners of war must give thesalute and show external marks of respect; it also determines the form and conditions for doing so, by referringexplicitly to the regulations applying in the armed forces to which the prisoners belong. This provision is likely toprevent any recurrence of incidents such as those which took place during the Second World War, when certain579