they were captured, otherwise they weren't hors de combat.
what we have here is prisoners of war. they aren't allowed to be held hostage either, or sentenced without due process, etc., and they are explicitly protected from being prosecuted for actions which they performed as part of the hostilities (except where those actions are crimes to humanity etc.).
they can be exchanged for other prisoners, or held until the end of hostilities, and possibly bartered for other goals (e.g. a withdrawal of the enemy forces).
it's been a few years since i read the convention, i may need a refresher. |
