Law of War Workshop Deskbook - Higgins Counterterrorism ...

dangerous of criminals; traitors to the empire, and a threat to state survival, andpreparations were made to try them for treason. However, British forcesbegrudgingly recognized the colonists as belligerents and no prisoner was triedfor treason. Colonists that were captured were however subject to inhumanetreatment and neglect. There were individual acts of mistreatment by Americanforces of the British and Hessian captives; however, General Washingtonappears to have been sensitive to, and to have had genuine concern for EPW’s.He took steps to prevent abuse. 5D. First agreement to establish prisoner of war (POW) treatment guidelines wasprobably the 1785 Treaty of Friendship between the U.S. and Prussia. 6E. American Civil War. At the outset, the Union forces did not view theConfederates as professional soldiers deserving protected status. They wereconsidered nothing more than armed insurrectionists. As southern forces beganto capture large numbers of Union prisoners, it became clear to AbrahamLincoln that his only hope for securing humane treatment for his troops was torequire the proper treatment of Rebel soldiers. President Lincoln Issued GeneralOrder No. 100, “Instructions of the Government of Armies of the United Statesin the Field,” known as the Lieber Code.1. Although the Lieber Code went a long way in bringing some humanity towarfare, many traditional views regarding EPW’s prevailed. For example,Article 60 of the Code provides: “a commander is permitted to direct histroops to give no quarter, in great straits, when his own salvation makes itimpossible to cumber himself with prisoners.” 72. Confederate policy called for captured black soldiers to be returned or soldinto slavery and for white Union officers serving with black troops to beprosecuted for “exciting servile insurrection.” 8 Captured blacks who couldnot prove they were free blacks were sold into slavery. Free blacks were notmuch better off. They were treated like slaves and forced to labor in theConfederate war effort. In response to this policy, Article 58 of the LieberCode stated that the Union would take reprisal for any black prisoners of warsold into slavery by executing Confederate prisoners. Very few Confederateprisoners were executed in reprisal. However, Confederate soldiers wereoften forced into hard labor as a reprisal.3. The Union and Confederate armies operated a “parole” or prisoner exchangesystem. Toward the end of the war, the Union stopped paroling southernsoldiers because of its significant numerical advantage. It was fighting a warChapter 5Prisoners of War and Detainees70