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Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12 August 1949.
Escapes. II. Unsuccessful escape
A prisoner of war who attempts to escape and is recaptured before having made good his escape in the sense of Article 91
shall be liable only to a disciplinary punishment in respect of this act, even if it is a repeated offence.
A prisoner of war who is recaptured shall be handed over without delay to the competent military authority.
Article 88, fourth paragraph
, notwithstanding, prisoners of war punished as a result of an unsuccessful escape may be subjected to special surveillance. Such surveillance must not affect the state of their health, must be undergone in a prisoner of war camp, and must not entail the suppression of any of the safeguards granted them by the present Convention.
Commentary of 1960