Law of War Workshop Deskbook - Higgins Counterterrorism ...

H. Escape.(1) Military Commissions. 82(2) Local National Court.c. Due process required.(1) POWs: same as detaining powers military forces (Art 99 - 108, GPW).(2) Detainees. What due process they receive depends upon status: GCC,common Art. 3, or minimal human rights protection with Host Nationlaw.(3) Right to appeal (Art 106, GPW).1. When is an escape successful: 83 (Art. 91, GPW).a. SM has rejoined his, or Allies’, armed forces;b. SM has left the territory of the Detaining power or its ally (i.e., entered aneutral country’s territory). 842. Unsuccessful escape.a. Only disciplinary punishment for the escape itself (Art. 92, GPW). Seealso Art. 120, GCC.b. Offenses in furtherance of escape. 85(1) Disciplinary punishment only: if sole intent is to facilitate escape andno violence to life or limb, or self-enrichment (Art. 93, GPW). Forexample, a POW may wear civilian clothing during escape attemptwithout losing his POW status. 86(2) Judicial punishment: if violence to life or limb or self-enrichment (Art.93, GPW).3. Successful escape: Some authors argue no punishment can be imposed forescape or violence to life or limb offenses committed during escape if laterrecaptured (Art 91, GPW; Levie). However, most authors posit that judicialpunishment can occur if a POW is later recaptured for his previous acts ofviolence.87Chapter 5Prisoners of War and Detainees