The 1648 Peace of Westphalia, which ended the Thirty Years' War, established the rule that prisoners of war should be released without ransom at the end of hostilities and that they should be allowed to return to their homelands.[14]
Union Army soldier on his release from Andersonville prison in May, 1865.
There also evolved the right of parole, French for "discourse", in which a captured officer surrendered his sword and gave his word as a gentleman in exchange for privileges. If he swore not to escape, he could gain better accommodations and the freedom of the prison. If he swore to cease hostilities against the nation who held him captive, he could be repatriated or exchanged but could not serve against his former captors in a military capacity.
About 56,000 soldiers died in prisons during the American Civil War—almost 10% of all Civil War fatalities.[15] During the 14 months the Camp Sumter, located near Andersonville, Georgia, existed, more than 45,000 Union soldiers were confined here. Of these, almost 13,000 (28%) died.[16] At Camp Douglas in Chicago, Illinois, 10% of its Confederate prisoners died during one cold winter month; and Elmira Prison in New York state, with a death rate of 25%, very nearly equalled that of Andersonville.[17]
During the 19th century, there were increased efforts to improve the treatment and processing of prisoners. The extensive period of conflict during the American Revolutionary War (or American War of Independence) and Napoleonic Wars (1793–1815), followed by the Anglo-American War of 1812, led to the emergence of a cartel system for the exchange of prisoners, even while the belligerents were at war. A cartel was usually arranged by the respective armed service for the exchange of like-ranked personnel. The aim was to achieve a reduction in the number of prisoners held, while at the same time alleviating shortages of skilled personnel in the home country.
Later, as a result of these emerging conventions a number of international conferences were held, starting with the Brussels Conference of 1874, with nations agreeing that it was necessary to prevent inhumane treatment of prisoners and the use of weapons causing unnecessary harm. Although no agreements were immediately ratified by the participating nations, work was continued that resulted in new conventions being adopted and becoming recognized as international law that specified that prisoners of war be treated humanely and diplomatically.
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