Escaped prisoners, recaptured before they have succeeded in rejoining their army, or before quitting the territory occupied by the army that captured them, are liable to disciplinary punishment.

Prisoners who after succeeding in escaping are again taken prisoners are not liable to any punishment for their previous flight." The Hague Conference, in adopting this article, adopted also, as an "authentic interpretation" of it, a statement that the indulgence granted to escapes does not apply to such as are accompanied by "special circumstances," of which the instances given are "complot, rebellion, emeute." "ARTICLE 12 .-- Any prisoner of war who is liberated on parole and recaptured bearing arms against the Government to which he had pledged his honour, or against the allies of that Government, forfeits his right to be treated as a prisoner of war, and can be put on his trial." II.

The United States Instructions:-- "ARTICLE 77 .-- A prisoner of war may be shot or otherwise killed in his flight; but neither death nor any other punishment shall be inflicted on him simply for his attempt....

If, however, a conspiracy is discovered, the purpose of which is a united or general escape, the conspirators may be rigorously punished even with death, &c." "ARTICLE 78 .-- If prisoners of war, having given no pledge nor made any promise on their honour, forcibly or otherwise, escape, and are captured again in battle, having rejoined their own army, they shall not be punished for their escape." "ARTICLE 124 .-- Breaking the parole is punished with death when the person breaking the parole is captured again." _Cf._ the French _Code de Justice Militaire_, Art.

204, and other Continental codes to the same effect.
III.