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9.25.4 Special Surveillance of POWs as a Result of Unsuccessful Escape. DespiteArticle 88 of the GPW, which articulates the principle that POWs who have served disciplinaryor judicial sentences may not be treated differently from other POWs, 613 POWs punished as aresult of an unsuccessful escape may be subjected to special surveillance. 614 Such surveillance:(1) must not affect the state of their health; (2) must be undergone in a POW camp; and (3) mustnot entail the suppression of any of the safeguards granted to them by the GPW. 6159.25.5 Notification of Escape and Recapture. If a POW escapes, the State on which thePOW depends should be notified by the Detaining Power’s National POW Information Bureauthrough the intermediary of the Protecting Powers and Central Tracing Agency. 616If an escaped POW is recaptured, the Power on which the POW depends shall be notifiedof the recapture in the manner prescribed in Article 122 of the GPW (i.e., by the DetainingPower’s National POW Information Bureau through the intermediary of the Protecting Powersand Central Tracing Agency), provided notification of the POW’s escape has been made. 6179.26 GENERAL PRINCIPLES APPLICABLE TO POW DISCIPLINEIn the GPW, the rules on POW discipline are provided under three sub-headings:• General principles applicable at all times. 618• “Disciplinary measures,” which means punishment by the commander of the POW camp,and is equivalent to summary disposal by a commanding officer. 619• “Judicial proceedings,” which means trial and punishment by a court having jurisdictionto try POWs, and is equivalent to trial by court-martial. 620This section addresses the general principles applicable to both disciplinary and judicialproceedings against POWs.9.26.1 POWs Subject to the Laws, Regulations, and Orders in Force in the Armed Forcesof the Detaining Power. A POW shall be subject to the laws, regulations, and orders in force in612 Refer to § 9.26.6 (Prohibited Penalties).613 Refer to § 9.26.7 (Treatment of POWs Undergoing Punishment).614 GPW art. 92 (“Article 88, fourth paragraph, notwithstanding, prisoners of war punished as a result of anunsuccessful escape may be subjected to special surveillance.”).615 GPW art. 92 (“Such surveillance must not affect the state of their health, must be undergone in a prisoner of warcamp, and must not entail the suppression of any of the safeguards granted them by the present Convention.”).616 Refer to § 9.31.1 (Accountability Information That the Detaining Power Should Collect).617 GPW art. 94 (“If an escaped prisoner of war is recaptured, the Power on which he depends shall be notifiedthereof in the manner defined in Article 122, provided notification of his escape has been made.”).618 GPW arts. 82-88.619 GPW arts. 89-98. Refer to § 9.27 (Disciplinary Proceedings and Punishment).620 GPW arts. 99-108. Refer to § 9.28 (Judicial Proceedings and Punishment).595

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