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In this way, POWs who have escaped successfully are treated similarly to persons whohave engaged in espionage and returned safely to friendly lines. 596 Escaping POWs must not killor wound the enemy by resort to perfidy. 5979.25.1.1 Types of Successful Escapes. Under Article 91 of the GPW, the escapeof a POW shall be deemed to have succeeded when the POW has:• joined the armed forces of the Power on which he or she depends, or those of an alliedPower;• left the territory under the control of the Detaining Power, or of an ally of the DetainingPower; or• joined a ship flying the flag of the Power on which he or she depends, or of an alliedPower, in the territorial waters of the Detaining Power, this ship not being under thecontrol of the Detaining Power. 598The general principle is that the POW must have actually gone beyond the reach of theDetaining Power. 599 Thus, for example, a POW who escapes from the territory of the DetainingPower to the territory of one of the Detaining Power’s allies will not be deemed to have escapedsuccessfully. On the other hand, if the POW reaches neutral territory or the high seas, he or shewill have escaped successfully. 600The situation of POWs who have successfully escaped into neutral territory is addressedunder the law of neutrality. 601595 GPW art. 91 (“Prisoners of war who have made good their escape in the sense of this Article and who arerecaptured, shall not be liable to any punishment in respect of their previous escape.”).596 Refer to § 4.17.5.1 (Liability of Persons Not Captured While Spying for Previous Acts of Espionage).597 Refer to § 5.22 (Treachery or Perfidy Used to Kill or Wound).598 GPW art. 91 (“The escape of a prisoner of war shall be deemed to have succeeded when: (1) he has joined thearmed forces of the Power on which he depends, or those of an allied Power; (2) he has left the territory under thecontrol of the Detaining Power, or of an ally of the said Power; (3) he has joined a ship flying the flag of the Poweron which he depends, or of an allied Power, in the territorial waters of the Detaining Power, the said ship not beingunder the control of the last named Power.”).599 GPW COMMENTARY 446 (“As Scheidl has pointed out, it is not sufficient for a prisoner attempting to escape tothrow off immediate pursuit and hide among the population of the territory; he must actually succeed in escapingbeyond the reach of the Detaining Power.”).600 See 1958 UK MANUAL 238 note 3 (“The effect of Art. 91 [of the GPW] is that the escape is to be consideredsuccessful not only if the prisoner rejoins the armed forces of the State with which he was previously serving, orthose of its allies, but also if he has left the territory of or occupied by the Detaining Power, e.g., by reaching neutralterritory. If he were picked up by a ship of the Detaining Power outside its territorial waters it would seem that hewould not be liable to disciplinary punishment having already made a successful escape by leaving its territory.”).601 Refer to § 15.17.1 (Escaped POWs Received by a Neutral State).592

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