5cjxburmr

of Article 91 of the GPW shall be liable only to a disciplinary punishment in respect of this act,even if it is a repeated offense. 6089.25.2.3 Disciplinary Punishment for Certain Offenses Committed in ConnectionWith Escape. In conformity with the principle stated in Article 83 of the GPW (i.e., leniency infavor of disciplinary rather than judicial proceedings), offenses committed by POWs with thesole intention of facilitating their escape and that do not entail any violence against life or limb,such as offenses against public property, theft without intention of self-enrichment, the drawingup or use of false papers, or the wearing of civilian clothing, shall occasion disciplinarypunishment only. 609For example, if a POW steals food, money, or means of transport; wears civilianclothing; or fabricates false documents in order to facilitate his or her escape and is caught beforeescaping successfully, such acts may only incur disciplinary punishment.9.25.2.4 Escape Not an Aggravating Circumstance in Respect of a JudicialOffense Committed During Escape. Escape or attempt to escape, even if it is a repeated offense,shall not be deemed an aggravating circumstance if the POW is subjected to trial by judicialproceedings in respect of an offense committed during his or her escape or attempt to escape. 610For example, an escaping POW who kills or injures a Detaining Power guard whileescaping could be liable to judicial punishment for that offense. However, the circumstance ofescape shall not be deemed to aggravate the sentence of the POW, even if the POW is one whofrequently attempts to escape.9.25.3 Liability of POWs for Other POWs’ Escape or Attempts to Escape. POWs whoaid or abet an escape or an attempt to escape are liable on this count to disciplinary punishmentonly. 611 Collective punishment of POWs for an escape attempt by other POWs is alsoprohibited. 612608 GPW art. 92 (“A prisoner of war who attempts to escape and is recaptured before having made good his escape inthe sense of Article 91 shall be liable only to a disciplinary punishment in respect of this act, even if it is a repeatedoffence.”).609 GPW art. 93 (“In conformity with the principle stated in Article 83, offences committed by prisoners of war withthe sole intention of facilitating their escape and which do not entail any violence against life or limb, such asoffences against public property, theft without intention of self-enrichment, the drawing up or use of false papers, orthe wearing of civilian clothing, shall occasion disciplinary punishment only.”).610 GPW art. 93 (“Escape or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravatingcircumstance if the prisoner of war is subjected to trial by judicial proceedings in respect of an offence committedduring his escape or attempt to escape.”).611 GPW art. 93 (“Prisoners of war who aid or abet an escape or an attempt to escape shall be liable on this count todisciplinary punishment only.”). See also GPW COMMENTARY 455 (“At the 1929 Conference, some delegationsmaintained that accomplices should be exempt from any punishment, even disciplinary. This proposal was rightlyrejected. Furthermore, the punishment of accomplices is consistent with the principles of penal law. Escape is anoffence against the Detaining Power. The privilege of impunity which is granted to a prisoner of war who commitsthis offence is based solely on the fact that captivity is interrupted and this is not so in the case of accomplices.”).594