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punishment. 928 In addition, any person subject to the Uniform Code of Military Justice whocompels or attempts to compel a commander of any place, vessel, aircraft, or other militaryproperty, or of any body of members of the armed forces, to give it up to an enemy or to abandonit, or who strikes the colors or flag to an enemy without proper authority, is subject topunishment. 929Article II of the Code of Conduct is consistent with the authority of commanders underthe law of war to conclude capitulation agreements for the surrender of forces under theircommand. 9309.39.1.3 Code of Conduct – Article III.If I am captured I will continue to resist by all means available. I will make everyeffort to escape and to aid others to escape. I will accept neither parole norspecial favors from the enemy.By limiting the punishment of POWs with respect to an unsuccessful escape, the GPWacknowledges that POWs may have a duty to seek to escape, as reflected in Article III of theCode of Conduct. 931Although the GPW contemplates that POWs may accept parole, 932 U.S. policy, asreflected in Article III of the Code of Conduct, prohibits accepting parole.9.39.1.4 Code of Conduct – Article IV.If I become a prisoner of war, I will keep faith with my fellow prisoners. I willgive no information [n]or take part in any action which might be harmful to mycomrades. If I am senior, I will take command. If not, I will obey the lawfulorders of those appointed over me and will back them up in every way.Article IV of the Code of Conduct exemplifies the spirit of comradeship that many POWshave exhibited in past conflicts. 933 It reflects a higher standard of conduct than that punishable928 10 U.S.C. § 899 (“Any member of the armed forces who before or in the presence of the enemy— … (2)shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his dutyto defend; … shall be punished by death or such other punishment as a court-martial may direct.”).929 10 U.S.C. § 900 (“Any person subject to this chapter who compels or attempts to compel the commander of anyplace, vessel, aircraft, or other military property, or of any body of members of the armed forces, to give it up to anenemy or to abandon it, or who strikes the colors or flag to an enemy without proper authority, shall be punished bydeath or such other punishment as a court-martial may direct.”).930 Refer to § 12.8.2 (Authority of Commanders to Conclude Capitulation Agreements).931 Refer to § 9.25 (POW Escapes).932 Refer to § 9.11.2 (Parole of POWs).933 For example, The Secretary of Defense’s Advisory Committee on Prisoners of War, POW The Fight ContinuesAfter The Battle: The Report of the Secretary of Defense’s Advisory Committee on Prisoners of War, 14 (Aug.1955) (“Many servicemen exhibited pride in themselves and their units. This was particularly pronounced wherethey had belonged to the same unit for years. They stood by one another like that ‘band of brothers’ inspired byNelson. If a soldier were sick, his fellow soldiers took care of him. They washed his clothes, bathed him, and641

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