Treaties, States Parties and Commentaries
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Part II : Application of general principles #III. Prisoners of war #A. Rules for captivity - Art. 61.
' The confinement of prisoners of war is not in the nature of a penalty for crime (Article 21): neither is it an act of vengeance. It is a temporary detention only, entirely without penal character.
In the following provisions, therefore, regard has been had to the consideration due them as prisoners, and to the necessity of their secure detention. '

Art. 61. Prisoners of war are in the power of the hostile government, but not in that of the individuals or corps who captured them.

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