postliminium

For a thing is lost in the same manner as it is recovered by postliminium.

The right of postliminium may extend to those, who are seized and detained in an enemy's country upon the breaking out of war.

But where a surrender has been made without any express or positive convention the right of postliminium exists in all its force.

From hence the right of postliminium belongs to such prisoners, as are expressly included in the treaty.