Description:
This article presents a conceptual map of the purposes served by continuing<br />custody of prisoners of war and captured non-combatants. Morally legitimate and<br />non-controversial purposes include preventing prisoners of war from rejoining their<br />comrades-in-arms, preventing both prisoners of war and captured non-combatants<br />from giving material support to combatants still in the field, facilitating orderly<br />release and repatriation at the end of hostilities, and the prosecution for war crimes.<br />Morally illegitimate purposes include punishment, exploitation as conscript labour,<br />recruitment or conscription as combatants, exploitation for intelligence, display as<br />proof of victory, and ideological indoctrination. Analysis of historical cases<br />illustrating each purpose reveal that continuing custody is often motivated by<br />multiple purposes, both legitimate and illegitimate. What explains adoption of<br />multiple and illegitimate purposes for continuing custody? Prisoners are available<br />for legitimate and illegitimate purposes because neither elites nor masses within the<br />captor state typically view prisoners as members of the moral community.1<br />Continuing custody does not alter the perceived status of the captured as aliens who<br />cannot be intuitively invested with expectations of reciprocity. This suggests both<br />ending custody as soon as legitimate purposes are served and bringing the captured<br />within the moral community while in continuing captivity.