from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
PRISONER OF WAR. One who has been captured while fighting under the banner
of some state. He is a prisoner, although never confined in a prison.
2. In modern times, prisoners are treated with more humanity than
formerly; the individual captor has now no personal right to his prisoner.
Prisoners are under the superintendence of the government, and they are now
frequently exchanged. Vide 1 Kent, Com. 14.
3. It is a general rule, that a prisoner is out of the protection of
the laws of the state, so for, that he can have no civil remedy under them,
and he can, therefore, maintain no action. But his person is protected
against all unlawful acts. Bac. Ab. Abatement, b. 3; Bac. Ab. Aliens, D.