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the armed forces of the Detaining Power; the Detaining Power shall be justified in taking judicialor disciplinary measures in respect of any offense committed by a POW against such laws,regulations, or orders. 621 For example, POWs in custody of the U.S. armed forces are subject tothe Uniform Code of Military Justice. 622 However, no proceedings or punishments contrary tothe provisions of Chapter III of the GPW shall be allowed. 623POWs also remain subject to the laws of the State to which they claim allegiance, andmay be prosecuted by that State following release and repatriation for misconduct committedduring their captivity. 6249.26.2 Leniency in Favor of Disciplinary Rather Than Judicial Proceedings. In decidingwhether proceedings in respect of an offense alleged to have been committed by a POW shall bejudicial or disciplinary, the Detaining Power shall ensure that the competent authorities exercisethe greatest leniency and adopt, wherever possible, disciplinary rather than judicial measures. 625This requirement does not compel the competent authorities to choose disciplinary overjudicial proceedings in any particular case.9.26.3 Trial by Military Courts. A POW shall be tried only by a military court, unless theexisting laws of the Detaining Power expressly permit the civil courts to try a member of thearmed forces of the Detaining Power in respect of the particular offense alleged to have beencommitted by the POW. 626In no circumstances whatever shall a POW be tried by a court of any kind that does notoffer the essential guarantees of independence and impartiality as generally recognized and, inparticular, the procedure of which does not afford the accused the rights and means of defenseprovided for in Article 105 of the GPW. 627621 GPW art. 82 (“A prisoner of war shall be subject to the laws, regulations and orders in force in the armed forcesof the Detaining Power; the Detaining Power shall be justified in taking judicial or disciplinary measures in respectof any offence committed by a prisoner of war against such laws, regulations or orders.”).622 10 U.S.C. § 802 (“(a) The following persons are subject to this chapter [47 – Uniform Code of Military Justice]:… (9) Prisoners of war in custody of the armed forces.”).623 GPW art. 82 (“However, no proceedings or punishments contrary to the provisions of this Chapter shall beallowed.”).624 Refer to § 9.22.2 (POWs’ Status With Respect to Their Armed Forces).625 GPW art. 83 (“In deciding whether proceedings in respect of an offence alleged to have been committed by aprisoner of war shall be judicial or disciplinary, the Detaining Power shall ensure that the competent authoritiesexercise the greatest leniency and adopt, wherever possible, disciplinary rather than judicial measures.”).626 GPW art. 84 (“A prisoner of war shall be tried only by a military court, unless the existing laws of the DetainingPower expressly permit the civil courts to try a member of the armed forces of the Detaining Power in respect of theparticular offence alleged to have been committed by the prisoner of war.”).627 GPW art. 84 (“In no circumstances whatever shall a prisoner of war be tried by a court of any kind which doesnot offer the essential guarantees of independence and impartiality as generally recognized, and, in particular, theprocedure of which does not afford the accused the rights and means of defence provided for in Article 105.”).Refer to § 9.28.4 (Rights of Defense and Trial Procedure).596