text: Chapter 3
  3-120. POWs are entitled to keep their rank insignia, nationality badges or devices, and decorations (GPW
  art. 18). They must be treated with due regard to their rank and age (GPW art. 44). The detaining power must
  recognize promotions of POWs during their captivity, when notified by the power on which such POWs
  depend (GPW art. 43).
  3-121. Non-lethal weapons may be used to control rioting or to prevent escape. Deadly force may be used
  to prevent the escape of a POW or to restore discipline in certain circumstances, such as when POW actions
  pose an imminent threat of death or serious bodily harm to camp personnel or other POWs.
  3-122. The use of weapons against POWs, particularly against those who are escaping or attempting to
  escape, shall constitute an extreme measure, which shall always be preceded by warnings appropriate to the
  circumstances (GPW art. 42).
  3-123. Pursuant to Article 91, GPW, a POW succeeds in an escape attempt if the POW rejoins the armed
  forces of the power on which the POW depends or joins those of an ally; the POW leaves the territory under
  the control of the detaining power or its allies; or the POW joins a ship flying the flag of the power on which
  the POW depends or of an ally, in the territorial waters of the detaining power (provided that this ship is not
  under the control of the detaining power). POWs who make good their escape and are recaptured may not be
  punished in respect to their escape (GPW art. 91; DOD Law of War Manual, 9.25.1).
  3-124. A POW who attempts to escape but does not succeed before recapture may only be subject to
  disciplinary punishment, even if it is not a first attempt. If recaptured by civilians, the prisoner should be
  turned over to local, State, or federal law enforcement authorities for safekeeping so that he or she may be
  turned over to military custody as soon as possible (GPW art. 92). A recaptured POW must be handed over
  without delay to the competent military authority. A recaptured individual remains a POW and the
  responsibility of the detaining power and must be treated accordingly.
  3-125. A POW who commits offenses with the sole intention of facilitating escape and whose offenses do
  not involve violence against life or limb, such as offenses against public property, theft without intention of
  self-enrichment, the drawing up or use of false papers, or the wearing of civilian clothing, may be subject to
  disciplinary punishment only. Similarly, a POW who aids or abets an escape or an attempt to escape may be
  subject to disciplinary punishment only. Escape or attempt to escape may not be considered an aggravating
  circumstance if the POW is subjected to trial by judicial proceedings in respect of an offense committed
  during the POW’s escape or attempt (GPW art. 93).
  PENAL AND DISCIPLINARY SANCTIONS
  3-126. A POW is subject to the laws, regulations, and orders that apply to the armed forces of the detaining
  power (GPW art. 82). The UCMJ applies to POWs held by the United States. POWs also remain subject to
  the laws of the State to which they claim allegiance, and may be prosecuted by that State following release
  and repatriation for misconduct committed during their captivity.
  3-127. For the purposes of this chapter, “disciplinary measures” means punishment by the commander of
  the POW camp and other similar punishments by those with authority, and such punishment is equivalent to
  summary disposition by a commanding officer. “Judicial proceedings” means trial and punishment by a court
  having jurisdiction to try POWs and is usually equivalent to trial by court-martial.
  3-128. This section provides information on the rules for penal and disciplinary sanctions against POWs. It
  is not intended as a guide for the conduct of penal or disciplinary sanctions against POWs. Commanders
  should seek the counsel of judge advocates and apply relevant provisions of U.S. law, such as the UCMJ, in
  accordance with the requirements of the GPW.
  JUDICIAL PROCEEDINGS
  3-129. POWs should normally be tried in military courts only. However, if the law of the detaining power
  permits members of its own armed forces to be tried in civilian courts for particular offenses, then civil courts
  may try POWs under the same conditions. All courts trying POWs must offer essential guarantees of
  independence, impartiality as generally recognized and, in particular, must be guided by the procedures