CIA Printed Copy of Third Geneva Convention

The Avalon Projec
Q V I it 16A
at Yale Law School
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Geneva Convention (III) Relative to the Treatment of
Prisoners of War; August 12, 1949
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Annex I Annex II Annex III Annex IV Annex V
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Entry into Force: 21 October 1950
The undersigned Plenipotentiaries of the Governments represented at the
Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the
purpose of revising the Convention concluded at Geneva on July 27, 1929
relative to the Treatment of Prisoners of War, have agreed as follows:
PART I
GENERAL PROVISIONS
ARTICLE 1
The High Contracting Parties undertake to respect and to ensure respect for the
present Convention in all circumstances.
ARTICLE 2
In addition . to the provisions which shall be implemented in peace time, the
present Convention shall apply to all cases of declared war or of any other armed
conflict which may arise between two or more of the High Contracting Parties, even
if the state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation of the
territory of a High Contracting Party, even if the said occupation meets with no
armed resistance.
Although one of the Powers in conflict may not be a party to the present
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Convention, the Powers who are parties thereto shall remain bound by it in their
mutual relations. They shall furthermore be bound by the Convention in relation to
the said Power, if the latter accepts and applies the provisions thereof.
ARTICLE 3
In the case of armed conflict not of an international character occurring in the
territory of one of the High Contracting Parties, each Party to the conflict shall be
bound to apply, as a minimum, the following provisions:
(1) Persons taking no active part in the hostilities, including members of armed
forces who have laid down their arms and those placed hors de combat by sickness,
wounds, detention, or any other cause, shall in all circumstances be treated
humanely, without any adverse distinction founded on race, colour, religion or faith,
sex, birth or wealth, or any other similar criteria. To this end the following acts are
and shall remain prohibited at any time and in any place whatsoever with respect to
the above-mentioned persons:
(a) violence to life and person, in particular murder of all kinds, mutilation, cruel
treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in
particular, humiliating and degrading treatment; (d) the passing of sentences and the
carrying out of executions without previous judgment pronounced by a regularly
constituted court affording all the judicial guarantees which are recognized as
indispensable by civilized peoples.
(2) The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of the Red
Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by means
of special agreements, all or part of the other provisions of the present Convention.
The application of the preceding provisions shall not affect the legal status of the
Parties to the conflict.
ARTICLE 4
A. Prisoners of war, in the sense of the present Convention, are persons
belonging to one of the following categories, who have fallen into the power of the
enemy:
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(1) Members of the armed forces of a Party to the conflict, as well as members
of militias or volunteer corps forming part of such armed forces.
(2) Members of other militias and members of other volunteer corps, including
those of organized resistance movements, belonging to a Party to the conflict and
operating in or outside their own territory, even if this territory is occupied,
provided that such militias or volunteer corps, including such organized resistance
movements, fulfil the following conditions: (a) that of being commanded by a
person responsible for his subordinates; (b) that of having a fixed distinctive sign
recognizable at a distance; (c) that of carrying arms openly; (d) that of conducting
their operations in accordance with the laws and customs of war.
(3) Members of regular armed forces who profess allegiance to a government or
an authority not recognized by the Detaining Power.
(4) Persons who accompany the armed forces without actually being members
thereof, such as civilian members of military aircraft crews, war correspondents,
supply contractors, members of labour units or of services responsible for the
welfare of the armed forces, provided that they have received authorization, from
the armed forces which they accompany, who shall provide them for that purpose
with an identity card similar to the annexed model.
(5) Members of crews, including masters, pilots and apprentices, of the merchant
marine and the crews of civil aircraft of the Parties to the conflict, who do not
benefit by more favourable treatment under any other provisions of international
law.
(6) Inhabitants of a non-occupied territory, who on the approach of the enemy
spontaneously take up arms to resist the invading forces, without having had time to
form themselves into regular aimed units, provided they carry arms openly and
respect the laws and customs of war.
B. The following shall likewise be treated as prisoners of war under the present
COnvention:
(1) Persons belonging, or having belonged, to the armed forces of the occupied
country, if the occupying Power considers it necessary by reason of such allegiance
to intern them, even though it has originally liberated them while hostilities were
going on outside the territory it occupies, in particular where such persons have
made an unsuccessful attempt to rejoin the armed forces to which they belong and
which are engaged in combat, or where they fail to comply with a summons made to
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them with a view to internment.
(2) The persons belonging to one of the categories enumerated in the present
Article, who have been received by neutral or non-belligerent Powers on their
territory and whom these Powers are required to intern under international law,
without prejudice to any more favourable treatment which these Powers may choose
to give and with the exception of Articles 8, 10, 15, 30, fifth paragraph, 58-67, 92,
126 and, where diplomatic relations exist between the Parties to the conflict and the
neutral or non-belligerent Power concerned, those Articles concerning the
Protecting Power. Where such diplomatic relations exist, the Parties to a conflict on
whom these persons depend shall be allowed to perform towards them the functions
of a Protecting Power as provided in the present Convention, without prejudice to
the functions which these Parties normally exercise in conformity with diplomatic
and consular usage and treaties.
C. This Article shall in no way affect the status of medical personnel and
chaplains as provided for in Article 33 of the present Convention.
ARTICLE 5
The present Convention shall apply to the persons referred to in Article 4 from
the time they fall into the power of the enemy and until their final release and
repatriation.
Should any doubt arise as to whether persons, having committed a belligerent act
and having fallen into the hands of the enemy, belong to any of the categories
enumerated in Article 4, such persons shall enjoy the protection of the present
Convention until such time as their status has been determined by a competent
tribunal.
ARTICLE 6
In addition to the agreements expressly provided for in Articles 10, 23, 28, 33,
60, 65, 66, 67, 72, 73, 75, 109, 110, 118, 119, 122 and 132, the High Contracting
Parties may conclude other special agreements for all matters concerning which
they may deem it suitable to make separate provision. No special agreement shall
adversely affect the situation of prisoners of war, as defined by the present
Convention, nor restrict the rights which it confers upon them.
Prisoners of war shall continue to have the benefit of such agreements as long as
the Convention is applicable to them, except where express provisions to the
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contrary are contained in the aforesaid or in subsequent agreements, or where
more favourable measures have been taken with regard to them by one or other of
the Parties to the conflict.
ARTICLE 7
Prisoners of war may in no circumstances renounce in part or in entirety the
rights secured to them by the present Convention, and by the special agreements
referred to in the foregoing Article, if such there be.
ARTICLE 8
The present Convention shall be applied with the cooperation and under the
scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the
Parties to the conflict. For this purpose, the Protecting Powers may appoint, apart
from their diplomatic or consular staff, delegates from amongst their own nationals
or the nationals of other neutral Powers. The said delegates shall be subject to the
approval of the Power with which they are to carry out their duties.
The Parties to the conflict shall facilitate to the greatest extent possible the task
of the representatives or delegates of the Protecting Powers.
The representatives or delegates of the Protecting Powers shall not in any case
exceed their mission under the present Convention. They shall, in particular, take
account of the imperative necessities of security of the State wherein they carry out
their duties.
ARTICLE 9
The provisions of the present Convention constitute no obstacle to the
humanitarian activities which the International Committee of the Red Cross or any
other impartial humanitarian organization may, subject to the consent of the Parties
to the conflict concerned, undertake for the protection of prisoners of war and for
their relief.
ARTICLE 10
The High Contracting Parties may at any time agree to entrust to an organization
which offers all guarantees of impartiality and efficacy the duties incumbent on the
Protecting Powers by virtue of the present Convention.
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When prisoners of war do not benefit or cease to benefit, no matter for what
reason, by the activities of a Protecting Power or of an organization provided for in
the first paragraph above, the Detaining Power shall request a neutral State, or such
an organization, to undertake the functions performed under the present Convention
by a Protecting Power designated by the Parties to a conflict.
If protection cannot be arranged accordingly, the Detaining Power shall request
or shall accept, subject to the provisions of this Article, the offer of the services of a
humanitarian organization, such as the International Committee of the Red Cross to
assume the humanitarian functions performed by Protecting Powers under the
present Convention.
Any neutral Power or any organization invited by the Power concerned or
offering itself for these purposes, shall be required to act with a sense of
responsibility towards the Party to the conflict on which persons protected by the
present Convention depend, and shall be required to furnish sufficient assurances
that it is in a position to undertake the appropriate functions and to discharge them
impartially.
No derogation from the preceding provisions shall be made by special
agreements between Powers one of which is restricted;even temporarily, in its
freedom to negotiate with the other Power or its allies by reason of military events,
more particularly where the whole, or a substantial part, of the territory of the said
Power is occupied.
Whenever in the present Convention mention is made of a Protecting Power,
such mention applies to substitute organizations in the sense of the present Article.
ARTICLE 11
In cases where they deem it advisable in the interest of protected persons,
particularly in cases of disagreement between the Parties to the conflict as to the
application or interpretation of the provisions of the present Convention, the
Protecting Powers shall lend their good offices with a view to settling the
disagreement.
For this purpose, each of the Protecting Powers may, either at the invitation of
one Party or on its own initiative, propose to the Parties to the conflict a meeting of
their representatives, and in particular of the authorities responsible for prisoners of
war, possibly on neutral territory suitably chosen. The Parties to the conflict shall be
bound to give effect to the proposals made to them for this purpose. The Protecting
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Powers may, if necessary, propose for approval by the Parties to the conflict a
person belonging to a neutral Power, or delegated by the International Committee of
the Red Cross, who shall be invited to take part in such a meeting.
PART II
GENERAL PROTECTION OF PRISONERS OF WAR
ARTICLE 12
Prisoners of war are in the hands of the enemy Power, but not of the individuals
or military units who have captured them. Irrespective of the individual
responsibilities that may exist, the Detaining Power is responsible for the treatment
given them.
Prisoners of war may only be transferred by the Detaining Power to a Power
which is a party to the Convention and after the Detaining Power has satisfied itself
of the willingness and ability of such transferee Power to apply the Convention.
When prisoners of war are transferred under such circumstances, responsibility for
the application of the Convention rests on the Power accepting them while they are
in its custody.
Nevertheless, if that Power fails to carry out the provisions of the Convention in
any important respect, the Power by whom the prisoners of war were transferred
shall, upon being notified by the Protecting Power, take effective measures to
correct the situation or shall request the return of the prisoners of war. Such requests
must be complied with.
ARTICLE 13
Prisoners of war must at all times be humanely treated. Any unlawful act or
omission by the Detaining Power causing death or seriously endangering the health
of a prisoner of war in its custody is prohibited, and will be regarded as a serious
breach of the present Convention. In particular, no prisoner of war may be subjected
to physical mutilation or to medical or scientific experiments of any kind which are
not justified by the medical, dental or hospital treatment of the prisoner concerned
and carried out in his interest.
Likewise, prisoners of war must at all times be . protected, particularly against
acts of violence or intimidation and against insults and public curiosi
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Measures of reprisal against prisoners of war are prohibited.
ARTICLE 14
Prisoners of war are entitled in all circumstances to respect for their persons and
their honour.
Women shall be treated with all the regard due to their sex and shall in all cases
benefit by treatment as favourable as that granted to men.
Prisoners of war shall retain the full civil capacity which they enjoyed at the
time of their capture. The Detaining Power may not restrict the exercise, either
within or without its own territory, of the rights such capacity confers except in so
far as the captivity requires.
ARTICLE 15
The Power detaining prisoners of war shall be bound to provide free of charge
for their maintenance and for the medical attention required by their state of health.
ARTICLE 16
Taking into consideration the provisions of the present Convention relating to
rank and sex, and subject to any privileged treatment which may be accorded to
them by reason of their state of health, age or professional qualifications, all
prisoners of war shall be treated alike by the Detaining Power, without any adverse
distinction based on race, nationality, religious belief or political opinions, or any
other distinction founded on similar criteria.
PART III
CAPTIVITY
SECTION I BEGINNING OF CAPTIVITY
ARTICLE 17
Every prisoner of war, when questioned on the subject, is bound to give only his
surname, first names and rank, date of birth, and army, regimental, personal or serial
number, or failing this, equivalent information.
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If he wilfully infringes this rule, he may render himself liable to a restriction of
the privileges accorded to his rank or status:
Each Party to a conflict is required to furnish the persons under its jurisdiction
who are liable to become prisoners of war, with an identity card showing the
owner's surname, first names, rank, army, regimental, personal or serial number or
equivalent information, and date of birth. The identity card may, furthermore, bear
the signature or the fingerprints, or both, of the owner, and may bear, as well, any
other information the Party to the conflict may wish to add concerning persons
belonging to its armed forces. As far as possible the card shall measure 6.5 x 10 cm.
and shall be issued in duplicate. The identity card shall be shown by the prisoner of
war upon demand, but may in no case be taken away from him.
No physical or mental torture, nor any other form of coercion, may be inflicted
on prisoners of war to secure from them information of any kind whatever.
Prisoners of war who refuse to answer. may not be threatened, insulted, or exposed
to unpleasant or disadvantageous treatment of any kind. Prisoners of war who,
owing to their physical or mental condition, are unable to state their identity, shall
be handed over to the medical service. The identity of such prisoners shall be
established by all possible means, subject to the provisions of the preceding
paragraph.
The questioning of prisoners of War shall be carried out in a language which they
understand.
ARTICLE 18
All effects and articles of personal use, except arms, horses, military equipment
and military documents, shall remain in the possession of prisoners of war, likewise
their metal helmets and gas masks and like articles issued for personal protection.
Effects and articles used for their clothing or feeding shall likewise remain in their
possession, even if such effects and articles belong to their regulation military
equipment.
At no time should prisoners of war be without identity documents. The
Detaining Power shall supply such documents to prisoners of war who possess
none.
Badges of rank and nationality, decorations and articles having above all a
personal or sentimental value may not be taken from prisoners of war.
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Sums of money carried by prisoners of war may not be taken away from them
except by order of an officer, and after the amount and particulars of the owner have
been recorded in a special register and an itemized receipt has been given, legibly
inscribed with the name, rank and unit of the person issuing the said receipt. Sums
in the currency of the Detaining Power, or which are changed into such currency at
the prisoner's request, shall be placed to the credit of the prisoner's account as
provided in Article 64.
The Detaining Power may withdraw articles of value from prisoners of war only
for reasons of security; when such articles are withdrawn, the procedure laid down
for sums of money impounded shall apply.
Such objects, likewise sums taken away in any currency other than that of the
Detaining Power and the conversion of which has not been asked for by the owners,
shall be kept in the custody of the Detaining Power and shall be returned in their
initial shape to prisoners of war at the end of their captivity.
ARTICLE 19
Prisoners of war shall be evacuated, as soon as possible after their capture, to
camps situated in an area far enough from the combat zone for them to be out of
danger.
Only those prisoners of war who, owing to wounds or sickness, would run
greater risks by being evacuated than by remaining where they are, may be
temporarily kept back in a danger zone.
Prisoners of war shall not be unnecessarily exposed to danger while awaiting
evacuation from a fighting zone.
ARTICLE 20
The evacuation of prisoners of war shall always be effected humanely and in
conditions similar to those for the forces of the Detaining Power in their changes of
station.
The Detaining Power shall supply prisoners of war who are being evacuated
with sufficient food and potable water, and with the necessary clothing and medical
attention. The Detaining Power shall take all suitable precautions to ensure their
safety during evacuation, and shall establish as soon as possible a list of the
prisoners of war who are evacuated.
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If prisoners of war must, during evacuation, pass through transit camps, their
stay in such camps shall be as brief as possible.
SECTION II INTERNMENT OF PRISONERS OF WAR
CHAPTER I GENERAL OBSERVATIONS
ARTICLE 21
The Detaining Power may subject prisoners of war to internment. It may impose
on them the obligation of not leaving, beyond certain limits, the camp where they
are interned, or if the said camp is fenced in, of not going outside its perimeter.
Subject to the provisions of the present Convention relative to penal and
disciplinary sanctions, prisoners of war may not be held in close confinement except
where necessary to safeguard their health and then only during the continuation of
the circumstances which make such confinement necessary.
Prisoners of war may be partially or wholly released on parole or promise, in so
far as is allowed by the laws of the Power on which they depend. Such measures
shall be taken particularly in cases where this may contribute to the improvement of
their state of health. No prisoner of war shall be compelled to accept liberty on
parole or promise.
Upon the outbreak of hostilities, each Party to the conflict shall notify the
adverse Party of the laws and regulations allowing or forbidding its own nationals to
accept liberty on parole or promise. Prisoners of war who are paroled or who have
given their promise in conformity with the laws and regulations so notified, are
bound on their personal honour scrupulously to fulfil, both towards the Power on
which they depend and towards the Power which has captured them, the
engagements of their paroles or promises. In such cases, the Power on which they
depend is bound neither to require nor to accept from them any service incompatible
with the parole or promise. given.
ARTICLE 22
Prisoners of war may be interned only in premises located on land and affording
every guarantee of hygiene and healthfulness. Except in particular cases which are
justified by the interest of the prisoners themselves, they shall not be interned in
penitentiaries.
Prisoners of war interned in unhealthy areas, or where the climate is injurious for
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them, shall be removed as soon as possible to a more favourable climate.
The Detaining Power shall assemble prisoners of war in camps or camp
compounds according to their nationality, language and customs, provided that such
prisoners shall not be separated from prisoners of war belonging to the armed forces
with which they were serving at the time of their capture, except with their consent.
ARTICLE 23
No prisoner of war may at any time be sent to, or detained in areas where he may
be exposed to the fire of the combat zone, nor may his presence be used to render
certain points or areas immune from military operations.
Prisoners of war shall have shelters against air bombardment and other hazards
of war, to the same extent as the local civilian population. With the exception of
those engaged in the protection of their quarters against the aforesaid hazards, they
may enter such shelters as soon as possible after the giving of the alarm. Any other
protective measure taken in favour of the population shall also apply to them.
Detaining Powers shall give the Powers concerned, through the intermediary of
the Protecting Powers, all useful information regarding the geographical location of
prisoner of war camps.
Whenever military considerations permit, prisoner of war camps shall be
indicated in the day-time by the letters PW or PG, placed so as to be clearly visible
from the air. The Powers concerned may, however, agree upon any other system of
marking. Only prisoner of war camps shall be marked as such.
ARTICLE 24
Transit or screening camps of a permanent kind shall be fitted out under
conditions similar to those described in the present Section, and the prisoners
therein shall have the same treatment as in other camps.
CHAPTER II QUARTERS, FOOD AND CLOTHING OF
PRISONERS OF WAR
ARTICLE 25
Prisoners of war shall be quartered under conditions as favourable as those for
the forces of the Detaining Power who are billeted in the same area. The said
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conditions shall make allowance for the habits and customs of the prisoners and
.shall in no case be prejudicial to their health.
The foregoing provisions shall apply in particular to the dormitories of prisoners
of war as regards both total surface and minimum cubic space, and the general
installations, bedding and blankets.
The premises provided for the use of prisoners of war individually or
collectively, shall be entirely protected from dampness and adequately heated and
lighted, in particular between dusk and lights out. All precautions must be taken
against the danger of fire.
In any camps in which women prisoners of war, as well as men, are
accommodated, separate dormitories shall be provided for them.
ARTICLE 26
The basic daily food rations shall be sufficient in quantity, quality and variety to
keep prisoners of war in good health and to prevent loss of weight or the
development of nutritional deficiencies. Account shall also be taken of the habitual
diet of the prisoners.
The Detaining Power shall supply prisoners of war who work with such
additional rations as are necessary for the labour on which they are employed.
Sufficient drinking water shall be supplied to prisoners of war. The use of
tobacco shall be permitted.
Prisoners of war shall, as far as possible, be associated with the preparation of
their meals; they may be employed for that purpose in the kitchens. Furtheimore,
they shall be given the means of preparing, themselves, the additional food in their
possession.
Adequate premises shall be provided for messing.
Collective disciplinary measures affecting food are prohibited.
ARTICLE 27
Clothing, underwear and footwear shall be supplied to prisoners of war in
sufficient quantities by the Detaining Power, which shall make allowance for the
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climate of the region where the prisoners are detained. Uniforms of enemy
armed forces captured by the Detaining Power should, if suitable for the climate, be
made available to clothe prisoners of war.
The regular replacement and repair of the above articles shall be assured by the
Detaining Power. In addition, prisoners of war who work shall receive appropriate
clothing, wherever the nature of the work demands.
ARTICLE 28
Canteens shall be installed in all camps, where prisoners of war may procure
foodstuffs, soap and tobacco and ordinary articles in daily use. The tariff shall never
be in excess of local market prices.
The profits made by camp canteens shall be used for the benefit of the prisoners;
a special fund shall be created for this purpose. The prisoners' representative shall
have the right to collaborate in the management of the canteen and of this fund.
When a camp is closed down, the credit balance of the special fund shall be
handed to an international welfare organization, to be employed for the benefit of
prisoners of war of the same nationality as those who have contributed to the fund.
In case of a general repatriation, such profits shall be kept by the Detaining Power,
subject to any agreement to the contrary between the Powers concerned.
CHAPTER III HYGIENE AND MEDICAL ATTENTION
ARTICLE 29
The Detaining Power shall be bound to take all sanitary measures necessary to
ensure the cleanliness and healthfulness of camps and to prevent epidemics.
Prisoners of war shall have for their use, day and night, conveniences which
conform to the rules of hygiene and are maintained in a constant state of cleanliness.
In any camps in which women prisoners of war are accommodated, separate
conveniences shall be provided for them.
Also, apart from the' baths and showers with which the camps shall be furnished
prisoners of war shall be provided with sufficient water and soap for their personal
toilet and for washing their personal laundry; the necessary installations, facilities
and time shall be granted them for that purpose.
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ARTICLE 30
Every camp shall have an adequate infirmary where prisoners of war may have
the attention they require, as well as appropriate diet. Isolation wards shall, if
necessary, be set aside for cases of contagious or mental disease.
Prisoners of war suffering from serious disease, or whose condition necessitates
special treatment, a surgical operation or hospital care, must be admitted to any
military or civilian medical unit where such treatment can be given, even if their
repatriation is , contemplated in the near future. Special facilities shall be afforded for
the care to be given to the disabled, in particular to the blind, and for their.
rehabilitation, pending repatriation.
Prisoners of war shall have the attention, preferably, of medical personnel of the
Power on which they depend and, if possible, of their nationality.
Prisoners of war may not be prevented from presenting themselves to the
medical authorities for examination. The detaining authorities shall, upon request,
issue to every prisoner who has undergone treatment, an official certificate
indicating the nature of his illness or injury, and the duration and kind of treatment
received. A duplicate of this certificate shall be forwarded to the Central Prisoners
of War Agency.
The costs of treatment, including those of any apparatus necessary for the
maintenance of prisoners of war in good health, particularly dentures and other
artificial appliances, and spectacles, shall be borne by the Detaining Power.
ARTICLE 31
Medical inspections of prisoners of war shall be held at least once a month. They
shall include the checking and the recording of the weight of each prisoner of war.
Their purpose shall be, in particular, to supervise the general state of health,
nutrition and cleanliness of prisoners and to detect contagious diseases, especially
tuberculosis, malaria and venereal disease. For this purpose the most efficient
methods available shall be employed, e.g. periodic mass miniature radiography for
the early detection of tuberculosis
ARTICLE 32
Prisoners of war who, though not, ttached to the medical service of their armed
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forces, are physicians, surgeons, dentists, nurses or medical orderlies, may be
required by the Detaining Power to exercise their medical functions in the interests
of prisoners of war dependent on the same Power. In that case they shall continue to
be prisoners of war, but shall receive the same treatment as corresponding medical
personnel retained by the Detaining Power. They shall be exempted from any other
work under Article 49.
CHAPTER IV MEDICAL PERSONNEL AND CHAPLAINS
RETAINED TO ASSIST PRISONERS OF WAR
ARTICLE 33
Members of the medical personnel and chaplains while retained by the Detaining
Power with a view to assisting prisoners of war, shall not be considered as prisoners
of war. They shall, however, receive as a minimum the benefits and protection of
the present Convention, and shall also be granted all facilities necessary to provide
for the medical care of and religious ministration to prisoners of war.
They shall continue to exercise their medical and spiritual functions for the
benefit of prisoners of war, preferably those belonging to the armed forces upon
which they depend, within the scope of the military laws and regulations of the
Detaining Power and under the control of its competent services, in accordance with
their professional etiquette. They shall also benefit by the following facilities in the
exercise of their medical or spiritual functions:
(a) They shall be authorized to visit periodically prisoners of war situated in
working detachments or in hospitals outside the camp. For this purpose, the
Detaining Power shall place , at their disposal the necessary means of transport.
(b) The senior medical officer in each camp shall be responsible to the camp
military authorities for everything connected with the activities of retained medical
personnel. For this purpose, Parties to the conflict shall agree at the outbreak of
hostilities on the subject of the corresponding ranks of the medical personnel,
including that of societies mentioned in Article 26 of the Geneva Convention for the
Amelioration of the Condition of the Wounded and Sick in Armed Forces in the
Field of August 12, 1949. This senior medical officer, as well as chaplains, shall
have the right to deal with the competent authorities of the camp on all questions
relating to their duties. Such authorities shall afford them all necessary facilities for
correspondence relating to these questions,
(c) Although they shall be subject to the internal discipline of the camp in which
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they are retained, such personnel may not be compelled to carry out any work
other than that concerned with their medical or religious duties.
During hostilities, the Parties to the conflict shall agree concerning the possible
relief of retained personnel and shall settle the procedure to be followed.
None of the preceding provisions shall relieve the Detaining Power of its
obligations with regard to prisoners of war from the medical or spiritual point -of
view.
CHAPTER V RELIGIOUS, INTELLECTUAL AND PHYSICAL
ACTIVITIES
ARTICLE 34
Prisoners of war shall enjoy complete latitude in the exercise of their religious
duties, including attendance at the service of their faith, on condition that they
comply with the disciplinary routine prescribed by the military authorities.
Adequate premises shall be provided where religious services may be held.
ARTICLE 35
Chaplains who fall into the hands of the enemy Power and who remain or are
retained with a view to assisting prisoners of war, shall be allowed to minister to
them and to exercise freely their ministry amongst prisoners of war of the same
religion, in accordance with their religious conscience. They shall be allocated
among the various camps and labour detachments containing prisoners of war
belonging to the same forces, speaking the same language or practising the same
religion. They shall enjoy the necessary facilities, including the means of transport
provided for in Article 33, for visiting the prisoners of war outside their camp. They
shall be free to correspond, subject to censorship, on matters concerning their
religious duties with the ecclesiastical authorities in the country of detention and
with international religious organizations. Letters and cards which they may send
for this purpose shall be in addition to the quota provided for. in Article 71.
ARTICLE 36
Prisoners of war who are ministers of religion, without having officiated as
chaplains to their own forces, shall be at liberty, whatever their denomination, to
minister freely to the members of their community. For this purpose, they shall
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receive the same treatment as the chaplains retained by the Detaining Power.
They shall not be obliged to do any other work.
ARTICLE 37
When prisoners of war have not the assistance of a retained chaplain or of a
prisoner of war minister of their faith, a minister belonging to the prisoners' or a
similar denomination, or in his absence a qualified layman, if such a course is
feasible from a confessional point of view, shall be appointed, at the request of the
prisoners concerned, to fill this office. This appointment, subject to the approval of
the Detaining Power, shall take place with the agreement of the community of
prisoners concerned and, wherever necessary, with the approval of the local
religious authorities of the same faith. The person thus appointed shall comply with
all regulations established by the Detaining Power in the interests of discipline and
military security.
ARTICLE 38
While respecting the individual preferences of every prisoner, the Detaining
Power shall encourage the practice of intellectual, educational, and recreational
pursuits, sports and games amongst prisoners, and shall take the measures necessary
to ensure the exercise thereof by providing them with adequate premises and
necessary equipment.
Prisoners shall have opportunities for taking physical exercise, including sports
and games, and for being out of doors. Sufficient open spaces shall be provided for
this purpose in all camps.
CHAPTER VI DISCIPLINE
ARTICLE 39
Every prisoner of war camp shall be put under the immediate authority of a
responsible commissioned officer belonging to the regular alined forces of the
Detaining Power. Such officer shall have in his possession a copy of the present
Convention; he shall ensure that its provisions are known to the camp staff and the
guard and shall be responsible, under the direction of his government, for its
application.
Prisoners of war, with the exception of officers, must salute and show to all
-officers of the Detaining Power the external marks of respect provided for by the
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regulations applying in their own forces.
Officer prisoners of war are bound to salute only officers of a higher rank of the
Detaining Power; they must, however, salute the camp commander regardless of his
rank.
ARTICLE 40
The wearing of badges of rank and nationality, as well as of decorations, shall be
permitted.
ARTICLE 41
In every camp the text of the present Convention and its Annexes and the
contents of any special agreement provided for in Article 6, shall be posted, in the
prisoners' own language, in places where all may read them. Copies shall be
supplied, on request, to the prisoners who cannot have access to the copy which has
been posted.
Regulations, orders, notices and publications of every kind relating to the
conduct of prisoners of war shall be issued to them in a language which they
understand. Such regulations, orders and publications shall be posted in the manner
described above and copies shall be handed to the prisoners' representative. Every
order and command addressed to prisoners of war individually must likewise be
given in a language which they understand.
ARTICLE 42
The use of weapons against prisoners of war, especially against those who are
escaping or attempting to escape, shall constitute an extreme measure, which shall
always be preceded by warnings appropriate to the circumstances.
CHAPTER VII RANK OF PRISONERS OF WAR
ARTICLE 43
Upon the outbreak of hostilities, the Parties to the conflict shall communicate to
one another the titles and ranks of all the persons mentioned in Article 4 . of the
present Convention, in order to ensure equality of treatment between prisoners of
equivalent rank. Titles and ranks which are subsequently created shall form the
subject of similar communications.
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The Detaining Power shall recognize promotions in rank which have been
accorded to prisoners of war and which have been duly notified by the Power on
which these prisoners depend.
ARTICLE 44
Officers and prisoners of equivalent status shall be treated with the regard due to
their rank and age.
In order to ensure service in officers' camps, other ranks of the same armed
forces who, as far as possible, speak the same language, shall be assigned in
sufficient numbers, account being taken of the rank of officers and prisoners of
equivalent status. Such orderlies shall not be required to perform any other work.
Supervision of the mess by the officers themselves shall be facilitated in every
way.
ARTICLE 45
Prisoners of war other than officers and prisoners of equivalent status shall be
treated with the regard due to their rank and age.
Supervision of the mess by the prisoners themselves shall be facilitated in every
way.
CHAPTER VIII TRANSFER OF PRISONERS OF WAR AFTER
THEIR ARRIVAL IN CAMP
ARTICLE 46
The Detaining Power, when deciding upon the transfer of prisoners of war, shall
take into account the interests of the prisoners themselves, more especially so as not
to increase the difficulty of their repatriation.
The transfer of prisoners of war shall always be effected humanely and in
conditions not less favourable than those under which the forces of the Detaining
Power are transferred. Account shall always be taken of the climatic conditions to
which the prisoners of war are accustomed and the conditions of transfer shall in no
case be prejudicial to their health.
The Detaining Power shall supply prisoners of war during transfer with
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sufficient food and drinking water to keep them in good health, likewise with the
necessary clothing, shelter and medical attention. The Detaining Power shall take
adequate precautions especially in case of transport by sea or by air, to ensure their
safety during transfer, and shall draw up a complete list of all transferred prisoners
before their departure.
ARTICLE 47
Sick or wounded prisoners of war shall not be transferred as long as their
recovery may be endangered by the journey, unless their safety imperatively
demands it.
If the combat zone draws closer to a camp, the prisoners of war in the said camp
shall , not be transferred unless their transfer can be carried out in adequate
conditions of safety, or unless they are exposed to greater risks by remaining on the
spot than by being transferred.
ARTICLE 48
In the event of transfer, prisoners of war shall be officially advised of their
departure and of their new postal address. Such notifications shall be given in time
for them to pack their luggage and inform their next of kin.
They shall be allowed to take with them their personal effects, and the
correspondence and parcels which have arrived for them. The weight of such
baggage may be limited, if the conditions of transfer so require, to what each
prisoner can reasonably carry, which shall in no case be more than twenty-five
kilograms per head.
Mail and parcels addressed to their former camp shall be forwarded to them
without delay. The camp commander shall take, in agreement with the prisoners'
representative, any measures needed to ensure the transport of the prisoners'
community property and of the luggage they are unable to take with them in
consequence of restrictions imposed by virtue of the second paragraph of this
Article.
The costs of transfers shall be borne by the Detaining Power.
SECTION III LABOUR OF PRISONERS OF WAR
ARTICLE 49
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The Detaining Power may utilize the labour of prisoners of war who are
physically fit, taking into account their age, sex, rank and physical aptitude, and
with a view particularly to maintaining them in a good state of physical and mental
health.
Non-commissioned officers who are prisoners of war shall only be required to
do supervisory work. Those not so required may ask for other suitable work which
shall, so far as possible, be found for them.
If officers or persons of equivalent status ask for suitable work, it shall be found
for them, so far as possible, but they may in no circumstances be compelled to
work.
ARTICLE 50
Besides work connected with camp administration, installation or maintenance,
prisoners of war may be compelled to do only such work as is included in the
following classes:
(a) agriculture; (b) industries connected with the production or the extraction of
raw materials, and manufacturing industries, with the exception of metallurgical,
machinery and chemical industries; public works and building operations which
have no military character or purpose; (c) transport and handling of stores which are
not military in character or purpose; (d) commercial business, and arts and crafts;
(e) domestic service; (f) public utility services having no military character or
purpose.
Should the above provisions be infringed, prisoners of war shall be allowed to
exercise their right of complaint, in conformity with Article 78.
ARTICLE 51
Prisoners of war must be granted suitable working conditions, especially as
regards accommodation, food, clothing and equipment; such conditions shall not be
inferior to those enjoyed by nationals of the Detaining Power employed in similar
work; account shall also be taken of climatic conditions.
The Detaining Power, in utilizing the labour of prisoners of war, shall ensure
that in areas in which such prisoners are employed, the national legislation
concerning the protection of labour, and, more particularly, the regulations for the
safety of workers, are duly applied.
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Prisoners of war shall receive training and be provided with the means of
protection suitable to the work they will have to do and similar to those accorded to
the nationals of the Detaining Power. Subject to the provisions of Article 52,
prisoners may be submitted to the normal risks run by these civilian workers.
Conditions of labour shall in no case be rendered more arduous by disciplinary
measures.
ARTICLE 52
Unless he be a volunteer, no prisoner of war may be employed onlabour which
is of an unhealthy or dangerous nature.
No prisoner of war shall be assigned to labour which would be looked upon as
humiliating for a member of the Detaining Power's own forces.
The removal of mines or similar devices shall be considered as dangerous
labour.
ARTICLE 53
The duration of the daily labour of prisoners of war, including the time of the
journey to and fro, shall not be excessive, and must in no case exceed that permitted
for civilian workers in the district, who are nationals of the Detaining Power and
employed on the same work.
Prisoners of war must be allowed, in the middle of the day's work, a rest of not
less than one hour. This rest will be the same as that to which workers of the
Detaining Power are entitled, if the latter is of longer duration. They shall be
allowed in addition a rest of twenty-four consecutive hours every week, preferably
on Sunday or the day of rest in their country of origin. Furthermore, every prisoner
who has worked for one year shall be granted a rest of eight consecutive days,
during which his working pay shall be paid him.
If methods of labour such as piece work are employed, the length of the working
period shall not be rendered excessive thereby.
ARTICLE 54
The working pay due to prisoners of war shall be fixed in accordance with the
provisions of Article 62 of the present Convention.
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Prisoners of war who sustain accidents in connection with work, or who contract
a disease in the course, or in consequence of their work, shall receive all the care
their condition may require. The Detaining Power shall furthermore deliver to such
prisoners of war a medical certificate enabling them to submit their claims to the
Power on which they depend, and shall send a duplicate to the Central Prisoners of
War Agency provided for in Article 123.
ARTICLE 55
The fitness of prisoners of war for work shall be periodically verified by medical
examinations at least once a month. The examinations shall have particular regard to
the nature of the work which prisoners of war are required to do.
If any prisoner of war considers himself incapable of working, he shall be
permitted to appear before the medical authorities of his camp. Physicians or
surgeons may recommend that the prisoners who are, in their opinion, unfit for
work, be exempted therefrom.
ARTICLE 56
The organization and administration of labour detachments shall be similar to
those of prisoner of war camps.
Every labour detachment shall remain under the control of and administratively
part of a prisoner of war camp. The military authorities and the commander of the
said camp shall be responsible, under the direction of their government, for the
observance of the provisions of the present Convention in labour detachments.
The camp commander shall keep an up-to-date record of the labour detachments
dependent on his camp, and shall communicate it to the delegates of the Protecting
Power, of the International Committee of the Red Cross, or of other agencies giving
relief to prisoners of war, who may visit the camp.
ARTICLE 57
The treatment of prisoners of war who work for private persons, even if the latter
are responsible for guarding and protecting them, shall not be inferior to that which
is provided for by the present Convention. The Detaining Power, the military
authorities and the commander of the camp to which such prisoners belong shall be
entirely responsible for the maintenance, care, treatment, and payment of the
working pay of such prisoners of war,
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Such prisoners of war shall have the right to remain in communication with the
prisoners' representatives in the camps on which they depend.
SECTION IV
FINANCIAL RESOURCES OF PRISONERS OF WAR
ARTICLE 58
Upon the outbreak of hostilities, and pending an arrangement on this matter with
the Protecting Power, the Detaining power may determine the maximum amount of
money in cash or in any similar form, that prisoners may have in their possession.
Any amount in excess, which was properly in their possession and which has been
taken or withheld from them, shall be placed to their account, together with any
monies deposited by them, and shall not be converted into any other currency
without their consent.
If prisoners of war are permitted to purchase services or commodities outside the
camp against payment in cash, such payments shall be made by the prisoner himself
or by the camp administration who will charge them to the accounts of the prisoners
concerned. The Detaining Power will establish the necessary rules in this respect.
ARTICLE 59
Cash which was taken from prisoners of war, in accordance with Article 18, at
the time of their capture, and which is in the currency of the Detaining Power, shall
be placed to their separate accounts, in accordance with the provisions of Article 64
of the present Section.
The amounts, in the currency of the Detaining Power, due to the conversion of
sums in other currencies that are taken from the prisoners of war at the same time,
shall also be credited to their separate accounts.
ARTICLE 60
The Detaining Power shall grant all prisoners of war a monthly advance of pay,
the amount of which shall be fixed by conversion, into the currency of the said
Power, of the following amounts:
Category I : Prisoners ranking below sergeants: eight Swiss francs.
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Category II : Sergeants and other non-commissioned officers, or prisoners of
equivalent rank: twelve Swiss francs.
Category III: Warrant officers and commissioned officers below the rank of
major or prisoners of equivalent rank: fifty Swiss francs.
Category IV : Majors, lieutenant-colonels, colonels or prisoners of equivalent
rank: sixty Swiss francs.
Category V : General officers or prisoners of war of equivalent rank: seventyfive
Swiss francs.
However, the Parties to the conflict concerned may by special agreement modify
the amount of advances of pay due to prisoners of the preceding categories.
Furthermore, if the amounts indicated in the first paragraph above would be
unduly high compared with the pay of the Detaining Power's armed forces or would,
for any reason, seriously embarrass the Detaining Power, then, pending the
conclusion of a special agreement with the Power on which the prisoners depend to
vary the amounts indicated above, the Detaining Power:
(a) shall continue to credit the accounts of the prisoners with the amounts
indicated in the first paragraph above; (b) may temporarily limit the amount made
available from these advances of pay to prisoners of war for their own use, to sums
which are reasonable, but which, for Category I, shall never be inferior to the
amount that the Detaining Power gives to the members of its own armed forces.
The reasons for any limitations will be given without delay to the Protecting
Power.
ARTICLE 61
The Detaining Power shall accept for distribution as supplementary pay to
prisoners of war sums which the Power on which the prisoners depend may forward
to them, on condition that the sums to be paid shall be the same for each prisoner of
the same category, shall be payable to all prisoners of that category depending on
that Power, and shall be placed in their separate accounts, at the earliest opportunity,
in accordance with the provisions of Article 64. Such supplementary pay shall not
relieve the Detaining Power of any obligation under this Convention.
ARTICLE 62
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Prisoners of war shall be paid a fair working rate of pay by the detaining
authorities direct. The rate shall be fixed by the said authorities, but shall at no time
be less than one-fourth of one Swiss franc for a full working day. The Detaining
Power shall inform prisoners of war, as well as the Power on which they depend,
through the intermediary of the Protecting Power, of the rate of daily working pay
that it has fixed.
Working pay shall likewise be paid by the detaining authorities to prisoners of
war permanently detailed to duties or to a skilled or semi-skilled occupation in
connection with the administration, installation or maintenance of camps, and to the
prisoners who are required to carry out spiritual or medical duties on behalf of their
comrades.
The working pay of the prisoners' representative, of his advisers, if any, and of
his assistants, shall be paid out of the fund maintained by canteen profits. The scale
of this working pay shall be fixed by the prisoners' representative and approved by
the camp commander. If there is no such fund, the detaining authorities shall pay
these prisoners a fair working rate of pay.
ARTICLE 63
Prisoners of war shall be permitted to receive remittances of money addressed to
them individually or collectively.
Every prisoner of war shall have at his disposal the credit balance of his account
as provided for in the following Article, within the limits fixed by the Detaining
Power, which shall make such payments as are requested. Subject to financial or
monetary restrictions which the Detaining Power regards as essential, prisoners of
war may also have payments made abroad. In this case payments addressed by
prisoners of war to dependents shall be given priority.
In any event, and subject to the consent of the Power on which they depend,
prisoners may have payments made in their own country, as follows: the Detaining
Power shall send to the aforesaid Power through the Protecting Power, a notification
giving all the necessary particulars concerning the prisoners of war, the
beneficiaries of the payments, and the amount of the sums to be paid, expressed in
the Detaining Power's currency. The said notification shall be signed by the
prisoners and countersigned by the camp commander. The Detaining Power shall
debit the prisoners' account by a corresponding amount; the sums thus debited shall
be placed by it to the credit of the Power on which the prisoners depend.
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To apply the foregoing provisions, the Detaining Power may usefully consult the
Model Regulations in Annex V of the present Convention.
ARTICLE 64
The Detaining Power shall hold an account for each prisoner of war, showing at
least the following:
(1) The amounts due to the prisoner or received by him as advances of pay, as
working pay or derived from any other source; the sums in the currency of the
Detaining Power which were taken from him; the sums taken from him and
converted at his request into the currency of the said Power.
(2) The payments made to the prisoner in cash, or in any other similar form; the
payments made on his behalf and at his request; the sums transferred under Article
63, third paragraph.
ARTICLE 65
Every item entered in the account of a prisoner of war shall be countersigned or
initialled by him, or by the prisoners' representative acting on his behalf.
Prisoners of war shall at all times be afforded reasonable facilities for consulting
and obtaining copies of their accounts, which may likewise be inspected by the
representatives of the Protecting Powers at the time of visits , to the camp.
When prisoners of war are transferred from one camp to another, their personal
accounts will follow them. In case of transfer from one Detaining Power to another,
the monies which are their property and are not in the currency of the Detaining
Power will follow them. They shall be given certificates for any other monies
standing to the credit of their accounts.
The Parties to the conflict concerned may agree to notify to each other at specific
intervals through the Protecting Power, the amount of the accounts of the prisoners
of war.
ARTICLE 66
On the termination of captivity, through the release of a prisoner of war or his
repatriation, the Detaining Power shall give him a statement, signed by an
authorized officer of that Power, showing the credit balance then due to him. The
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Detaining Power shall also send through the Protecting Power to the government
upon which the prisoner of war depends, lists giving all appropriate particulars of all
prisoners of war whose captivity has been terminated by repatriation, release,
escape, death or any other means, and showing the amount of their credit balances.
Such lists shall be certified on each sheet by an authorized representative of the
Detaining Power.
Any of the above provisions of this Article may be varied by mutual agreement
between any two Parties to the conflict.
The Power on which the prisoner of war depends shall be responsible for settling
with him any credit balance due to him from the Detaining Power on the
termination of his captivity.
ARTICLE 67
Advances of pay, issued to prisoners of war in conformity with Article 60, shall
be considered as made on behalf of the Power on which they depend. Such advances
of pay, as well as all payments made by the said Power under Article 63, third
paragraph, and Article 68, shall form the subject of arrangements between the
Powers concerned, at the close of hostilities.
ARTICLE 68
Any claim by a prisoner of war for compensation in respect of any injury or
other disability arising out of work shall be referred to the Power on which he
depends, through the Protecting Power. In accordance with Article 54, the
Detaining Power will, in all cases, provide the prisoner of war concerned with a
statement showing the nature of the injury or disability, the circumstances in which
it arose and particulars of medical or hospital treatment given for it. This statement
will be signed by a responsible officer of the Detaining Power and the medical
particulars certified by a medical officer.
Any claim by a prisoner of war for compensation in respect of personal effects
monies or valuables impounded by the Detaining Power under Article 18 and not
forthcoming on his repatriation, or in respect of loss alleged to be due to the fault of
the Detaining Power or any of its servants, shall likewise be referred to the Power
on which he depends. Nevertheless, any such personal effects required for use by
the prisoners of war whilst in captivity shall be replaced at the expense of the
Detaining Power. The Detaining Power will, in all cases, provide the prisoner of
war with a statement, signed by a responsible officer, showing all available
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information regarding the reasons why such effects, monies or valuables have
not been restored to him. A copy of this statement will be forwarded to the Power
on which he depends through the Central Prisoners of War Agency provided for in
Article 123.
SECTION V
RELATIONS OF PRISONERS OF WAR WITH THE EXTERIOR
ARTICLE 69
Immediately upon prisoners of war falling into its power, the Detaining Power
shall inform them and the Powers on which they depend, through the Protecting
Power, of the measures taken to carry out the provisions of the present Section.
They shall likewise inform the parties concerned of any subsequent modifications of
such measures.
ARTICLE 70
Immediately upon capture, or not more than one week after arrival at a camp,
even if it is a transit camp, likewise in case of sickness or transfer to hospital or to
another camp, every prisoner of war shall be enabled to write direct to his family, on
the one hand, and to the Central Prisoners of War Agency provided for in Article
123, on the other hand, a card similar, if possible, to the model annexed to the
present Convention, informing his relatives of his capture, address and state of
health. The said cards shall be forwarded as rapidly as possible and may not be
delayed in any manner.
ARTICLE 71
Prisoners of war shall be allowed to send and receive letters and cards. If the
Detaining Power deems it necessary to limit the number of letters and cards sent by
each prisoner of war, the said number shall not be less than two letters and four
cards monthly, exclusive of the capture cards provided for in Article 70, and
conforming as closely as possible to the models annexed to the present Convention.
Further limitations may be imposed only if the Protecting Power is satisfied that it
would be in the interests of the prisoners of war concerned to do so owing to
difficulties of translation caused by the Detaining Power's inability to find sufficient
qualified linguists to carry out the necessary censorship. If limitations must be
placed on the correspondence addressed to prisoners of war, they may be ordered
only by the Power on which the prisoners depend, possibly at the request of the
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Detaining Power. Such letters and cards must be conveyed by the most rapid
method at the disposal of the Detaining Power; they may not be delayed or retained
for disciplinary reasons.
Prisoners of war who have been without news for a long period, or who are
unable to receive news from their next of kin or to give them news by the ordinary
postal route, as well as those who are at a great distance from their homes, shall be
permitted to send telegrams, the fees being charged against the prisoners of war's
accounts with the Detaining Power or paid in the currency at their disposal. They
shall likewise benefit by this measure in cases of urgency.
As a general rule, the correspondence of prisoners of war shall be written in their
native language. The Parties to the conflict may allow correspondence in other
languages.
Sacks containing prisoner of war mail must be securely sealed and labelled so as
clearly to indicate their contents, and must be addressed to offices of destination.
ARTICLE 72
Prisoners of war shall be allowed to receive by post or by any other means
individual parcels or collective shipments containing, in particular, foodstuffs,
clothing, medical supplies and articles of a religious, educational or recreational
character which may meet their needs, including books, devotional articles,
scientific equipment, examination papers, musical instruments, sports outfits and
materials allowing prisoners of war to pursue their studies or their cultural activities.
Such shipments shall in no way free the Detaining Power from the obligations
imposed upon it by virtue of the. present Convention.
The only limits which may be placed on these shipments shall be those proposed
by the Protecting Power in the interest of the prisoners themselves, or by the
International Committee of the Red Cross or any other organization giving
assistance to the prisoners, in respect of their own shipments only, on account of
exceptional strain on transport or communications.
The conditions for the sending of individual parcels and collective relief shall, if
necessary, be the subject of special agreements between the Powers concerned,
which may in no case delay the receipt by the prisoners of relief supplies. Books
may not be included in parcels of clothing and foodstuffs. Medical supplies shall, as
a rule, be sent in collective parcels.
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ARTICLE 73
In the absence of special agreements between the Powers concerned on the
conditions for the receipt and distribution of collective relief shipments, the rules
and regulations concerning collective shipments, which are annexed to the present
Convention, shall be applied.
The special agreements referred to above shall in no case restrict the right of
prisoners' representatives to take possession of collective relief shipments intended
for prisoners of war, to proceed to their distribution or to dispose of them in the
interest of the prisoners.
Nor shall such agreements restrict the right of representatives of the Protecting
Power, the International Committee of the Red Cross or any other organization
giving assistance to prisoners of war and responsible for the forwarding of
collective shipments, to supervise their distribution to the recipients.
ARTICLE 74
All relief shipments for prisoners of war shall be exempt from import, customs
and other dues.
Correspondence, relief shipments and authorized remittances of money
addressed to prisoners of war or despatched by them through the post office, either
direct or through the Information Bureaux provided for in Article 122 and the
Central Prisoners of War Agency provided for in Article 123, shall be exempt from
any postal dues, both in the countries of origin and destination, and in intermediate
countries.
If relief shipments intended for prisoners of war cannot be sent through the post
office by reason of weight or for any other cause, the cost of transportation shall be
borne by the Detaining Power in all the territories under its control. The other
Powers party to the Convention shall bear the cost of transport in their respective
territories. In the absence of special agreements between the Parties concerned, the
costs connected with transport of such shipments, other than costs covered by the
above exemption, shall be charged to the senders.
The High Contracting Parties shall endeavour to reduce, so far as possible, the
rates charged for telegrams sent by prisoners of war, or addressed to them.
ARTICLE 75
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Should military operations prevent the Powers concerned from fulfilling their
obligation to assure the transport of the shipments referred to in Articles 70, 71, 72
and 77, the Protecting Powers concerned, the International Committee of the Red
Cross or any other organization duly approved by the Parties to the conflict may
undertake to ensure the conveyance of such shipments by suitable means (railway
wagons, motor vehicles, vessels or aircraft, etc.). For this purpose, the High
Contracting Parties shall endeavour to supply them with such transport and to allow
its circulation, especially by granting the necessary safe-conducts.
Such transport may also be used to convey:
(a) correspondence, lists and reports exchanged between the Central Information
Agency referred to in Article 123 and the National Bureaux referred to in Article
122;
(b) correspondence and reports relating to prisoners of war which the Protecting
Powers, the International Committee of the Red Cross or any other body assisting
the prisoners, exchange either with their own delegates or with the Parties to the
conflict.
These provisions in no way detract from the right of any Party to the conflict to
arrange other means of transport, if it should so prefer, nor preclude the granting of
safe-conducts, under mutually agreed conditions, to such means of transport.
In the absence of special agreements, the costs occasioned by the use of such
means of transport shall be borne proportionally by the Parties to the conflict whose
nationals are benefited thereby.
ARTICLE 76
The censoring of correspondence addressed to prisoners of war or despatched by
them shall be done as quickly as possible. Mail shall be censored only by the
despatching State and the receiving State, and once only by each.
The examination of consignments intended for prisoners of war shall not be
carried out under conditions that will expose the goods contained in them to
deterioration; except in the case of written or printed matter, it shall be done in the
presence of the addressee, or of a fellow-prisoner duly delegated by him. The
delivery to prisoners of individual or collective consignments shall not be delayed
under the pretext of difficulties of censorship.
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Any prohibition of correspondence ordered by Parties to the conflict, either for
military or political reasons, shall be only temporary and its duration shall be as
short as possible.
ARTICLE 77
The Detaining Powers shall provide all facilities for the transmission, through
the Protecting Power or the Central Prisoners of War Agency provided for in
Article 123 of instruments, papers or documents intended for prisoners of war or
despatched by them, especially powers of attorney and wills.
In all cases they shall facilitate the preparation and execution of such documents
on behalf of prisoners of war; in particular, they shall allow them to consult a
lawyer and shall take what measures are necessary for the authentication of their
signatures.
SECTION VI
RELATIONS BETWEEN PRISONERS OF WAR AND THE
AUTHORITIES
CHAPTER I
COMPLAINTS OF PRISONERS OF WAR RESPECTING THE
CONDITIONS OF CAPTIVITY
ARTICLE 78
Prisoners of war shall have the right to make known to the military authorities in
whose power they are, their requests regarding the conditions of captivity to which
they are subjected.
They shall also have the unrestricted right to apply to the representatives of the .
Protecting Powers either through their prisoners' representative or, if they consider it
necessary, direct, in order to draw their attention to any points on which they may
have complaints to make regarding their conditions of captivity.
These requests and complaints shall not be limited nor considered to be a part of
the correspondence quota referred to in Article 71. They must be transmitted
immediately. Even if they are recognized to be unfounded, they may not give rise to
any punishment.
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Prisoners' representatives may send periodic reports on the situation in the camps
and the needs of the prisoners of war to the representatives of the Protecting Powers.
CHAPTER II
PRISONER OF WAR REPRESENTATIVES
ARTICLE 79
In all places where there are prisoners of war, except in those where there are
officers, the prisoners shall freely elect by secret ballot, every six months, and also
in case of vacancies, prisoners' representatives entrusted with representing them
before the military authorities, the Protecting Powers, the International Committee
of the Red Cross and any other organization which may assist them. These
prisoners' representatives shall be eligible for re-election.
In camps for officers and persons of equivalent status or in mixed camps, the
senior officer among the prisoners of war shall be recognized as the camp prisoners'
representative. In camps for officers, he shall be assisted by one or more advisers
chosen by the officers; in mixed camps, his assistants shall be chosen from among
the prisoners of war who are not officers and shall be elected by them.
Officer prisoners of war of the same nationality shall be stationed in labour
camps for prisoners of war, for the purpose of carrying out the camp administration
duties for which the prisoners of war are responsible. These officers may be elected
as prisoners' representatives under the first paragraph of this Article. In such a case
the assistants to the prisoners' representatives shall be chosen from among those
prisoners of war who are not officers.
Every representative elected must be approved by the Detaining Power before he
has the right to commence his duties. Where the Detaining Power refuses to approve
a prisoner of war elected by his fellow prisoners of war, it must inform the
Protecting Power of the reason for such refusal.
In all cases the prisoners' representative must have the same nationality,
language and customs as the prisoners of war whom he represents. Thus, prisoners
of war distributed in different sections of a camp, according to their nationality,
language or customs, shall have for each section their own prisoners' representative,
in accordance with the foregoing paragraphs.
ARTICLE 80
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Prisoners' representatives shall further the physical, spiritual and intellectual
well-being of prisoners of war.
In particular, where the prisoners decide to organize amongst themselves a
system of mutual assistance, this organization will be within the province of the
prisoners' representative, in addition to the special duties entrusted to him by other
provisions of the present Convention.
Prisoners' representatives shall not be held responsible, simply by reason of their
duties, for any offences committed by prisoners of war.
ARTICLE 81
Prisoners' representatives shall not be required to perform any other work, if the
accomplishment of their duties is thereby made more difficult.
Prisoners' representatives may appoint from amongst the prisoners such
assistants as they may require. All material facilities shall be granted them,
particularly a certain freedom of movement necessary for the accomplishment of
their duties (inspection of labour detachments, receipt of supplies, etc.).
Prisoners' representatives shall be permitted to visit premises where prisoners of
war are detained, and every prisoner of war shall have the right to consult freely his
prisoners' representative.
All facilities shall likewise be accorded to the prisoners' representatives for
communication by post and telegraph with the detaining authorities, the Protecting
Powers, the International Committee of the Red Cross and their delegates, the
Mixed Medical Commissions and the bodies which give assistance to prisoners of
war. Prisoners' representatives of labour detachments shall enjoy the same facilities
for communication with the prisoners' representatives of the principal camp. Such
communications shall not be restricted, nor considered as forming a part of the
quota mentioned in Article 71.
Prisoners' representatives who are transferred shall be allowed a reasonable time
to acquaint their successors with current affairs.
In case of dismissal, the reasons therefor shall be communicated to the
Protecting Power.
CHAPTER III
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PENAL AND DISCIPLINARY SANCTIONS
I. General Provisions
ARTICLE 82
A prisoner of war shall be subject to the laws, regulations and orders in force in
the armed forces of the Detaining Power; the Detaining Power shall be justified in
taking judicial or disciplinary measures in respect of any offence committed by a
prisoner of war against such laws, regulations or orders. However, no proceedings
or punishments contrary to the provisions of this Chapter shall be allowed.
If any law, regulation or order of the Detaining Power shall declare acts
committed by a prisoner of war to be punishable, whereas the same acts would not
be punishable if committed by a member of the forces of the Detaining Power, such
acts shall entail disciplinary punishments only.
ARTICLE 83
In deciding whether proceedings in respect of an offence alleged to have been
committed by a prisoner of war shall be judicial or disciplinary, the Detaining
Power shall ensure that the competent authorities exercise the greatest leniency and
adopt, wherever possible, disciplinary rather than judicial measures.
ARTICLE 84
A prisoner of war shall be tried only by a military court, unless the existing laws
of the Detaining Power expressly permit the civil courts to try a member of the
armed forces of the Detaining Power in respect of the particular offence alleged to
have been committed by the prisoner of war.
In no circumstances whatever shall a prisoner of war be tried by a court of any
kind which does not offer the essential guarantees of independence and impartiality
as generally recognized, and, in particular, the procedure of which does not afford
the accused the rights and means of defence provided for in Article 105.
ARTICLE 85
Prisoners of war prosecuted under the laws of the Detaining Power for acts
committed prior to capture shall retain, even if convicted, the benefits of the present
Convention.
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ARTICLE 86
No prisoner of war may be punished more than once for the same act or on the
same charge.
ARTICLE 87
Prisoners of war may not be sentenced by the military authorities and courts of
the Detaining Power to any penalties except those provided for in respect of
members of the armed forces of the said Power who have committed the same acts.
When fixing the penalty, the courts or authorities of the Detaining Power shall
take into consideration, to the widest extent possible, the fact that the accused, not
being a national of the Detaining Power, is not bound to it by any duty of allegiance,
and that he is in its power as the result of circumstances independent of his own
will. The said courts or authorities shall be at liberty to reduce the penalty provided
for the violation of which the prisoner of war is accused, and shall therefore not be
bound to apply the minimum penalty prescribed.
Collective punishment for individual acts, corporal punishment, imprisonment in
premises without daylight and, in general, any form of torture or cruelty, are
forbidden.
No prisoner of war may be deprived of his rank by the Detaining Power, or
prevented from wearing his badges.
ARTICLE 88
Officers, non-commissioned officers and men who are prisoners of war
undergoing a disciplinary or judicial punishment, shall not be subjected to more
severe treatment than that applied in respect of the same punishment to members of
the armed forces of the Detaining Power of equivalent rank.
A woman prisoner of war shall not be awarded or sentenced to a punishment
more severe, or treated whilst undergoing punishment more severely, than a woman
member of the armed forces of the Detaining Power dealt with for a similar offence.
In no case may a woman prisoner of war be awarded or sentenced to a
punishment more severe, or treated whilst undergoing punishment more severely,
than a male member of the armed forces of the Detaining Power dealt with for a
similar offence.
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Prisoners of war who have served disciplinary or judicial sentences may not be
treated differently from other prisoners of war.
II. Disciplinary Sanctions
ARTICLE 89
The disciplinary punishments applicable to prisoners of war are the following:
(1) A fine which shall not exceed 50 per cent of the advances of pay and
working pay which the prisoner of war would otherwise receive under the
provisions of Articles 60 and 62 during a period of not more than thirty days.
(2) Discontinuance of privileges granted over and above the treatment provided
for by the present Convention.
(3) Fatigue duties not exceeding two hours daily.
(4) Confinement.
The punishment referred to under (3) shall not be applied to officers.
In no case shall disciplinary punishments be inhuman, brutal or dangerous to the
health of prisoners of war.
ARTICLE 90
The duration of any single punishment shall in no case exceed thirty days. Any
period of confinement awaiting the hearing of a disciplinary offence or the award of
disciplinary punishment shall be deducted from an award pronounced against a
prisoner of war.
The maximum of thirty days provided above may not be exceeded, even if the
prisoner of war is answerable for several acts at the same time when he is awarded
punislunent, whether such acts are related or not.
The period between the pronouncing of an award of disciplinary punishment and
its execution shall not exceed one month.
When a prisoner of war is awarded a further disciplinary punishment, a period of
at least three days shall elapse between the execution of any two of the punishments,
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if the duration of one of these is ten days or more.
ARTICLE 91
The escape of a prisoner of war shall be deemed to have succeeded when:
(1) he has joined the armed forces of the Power on which he depends, or those of
an allied Power;
(2) he has left the territory under the control of the Detaining Power, or of an
ally of the said Power;
(3) he has joined a ship flying the flag of the Power on which he depends, or of
an allied Power, in the territorial waters of the Detaining Power, the said ship not
being under the control of the last named Power.
Prisoners of war who have made good their escape in the sense of this Article
and who are recaptured, shall not be liable to any punishment in respect of their
previous escape.
ARTICLE 92
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.
ARTICLE 93
Escape or attempt to escape, even if it is a repeated offence, shall not be deemed
an aggravating circumstance if the prisoner of war is subjected to trial by judicial
proceedings in respect of an offence committed during his escape or attempt to
escape.
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In conformity with the principle stated in Article 83, offences committed by
prisoners of war with the sole intention of facilitating their escape and which do not
entail any violence against life or limb, such as offences against public property,
theft without intention of self-enrichment, the drawing up or use of false papers, or
the wearing of civilian clothing, shall occasion disciplinary punishment only.
Prisoners of war who aid or abet an escape or an attempt to escape shall be liable
on this count to disciplinary punishment only.
ARTICLE 94
If an escaped prisoner of war is recaptured, the Power on which he depends shall
be notified thereof in the manner defined in Article 122, provided notification of his
escape has been made.
ARTICLE 95
A prisoner of war accused of an offence against discipline shall not be kept in
confinement pending the hearing unless a member of the armed forces of the
Detaining Power would be so kept if he were accused of a similar offence, or if it is
essential in the interests of camp order and discipline.
Any period spent by a prisoner of war in confinement awaiting the disposal of an
offence against discipline shall be reduced to an absolute minimum and shall not
exceed fourteen days.
The provisions of Articles 97 and 98 of this Chapter shall apply to prisoners of
war who are in confinement awaiting the disposal of offences against discipline.
ARTICLE 96
Acts which constitute offences against discipline shall be investigated
mmediately.
Without prejudice to the competence of courts and superior military authorities,
disciplinary punishment may be ordered only by an officer having disciplinary
powers in his capacity as camp commander, or by a responsible officer who
replaces him or to whom he has delegated his disciplinary powers.
In no case may such powers be delegated to a prisoner of war or be exercised by
a prisoner of war.
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Before any disciplinary award is pronounced, the accused shall be given precise
information regarding the offences of which he is accused, and given an opportunity
of explaining his conduct and of defending himself. He shall be permitted, in
particular, to call witnesses and to have recourse, if necessary, to the services of a
qualified interpreter. The decision shall be announced to the accused prisoner of war
and to the prisoners' representative.
A record of disciplinary punishments shall be maintained by the camp
commander and shall be open to inspection by representatives of the Protecting
Power.
ARTICLE 97
Prisoners of war shall not in any case be transferred to penitentiary
establishments (prisons, penitentiaries, convict prisons, etc.) to undergo disciplinary
punishment therein.
All premises in which disciplinary punishments are undergone shall conform to
the sanitary requirements set forth in Article 25. A prisoner of war undergoing
punishment shall be enabled to keep himself in a state of cleanliness, in conformity
with Article 29.
Officers and persons of equivalent status shall not be lodged in the same quarters
as non-commissioned officers or men.
Women prisoners of war undergoing disciplinary punishment shall be confined
in separate quarters from male prisoners of war and shall be under the immediate
supervision of women.
ARTICLE 98
A prisoner of war undergoing confinement as a disciplinary punishment, shall
continue to enjoy the benefits of.the provisions of this Convention except in so far
as these are necessarily rendered inapplicable by the mere fact that he is confined. In
no case may he be deprived of the benefits of the provisions of Articles 78 and 126.
A prisoner of war awarded disciplinary punishment may not be deprived of the
prerogatives attached to his rank.
Prisoners of war awarded disciplinary punishment shall be allowed to exercise
and to stay in the open air at least two hours daily.
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They shall be allowed, on their request, to be present at the daily medical
inspections. They shall receive the attention which their state of health requires and,
if necessary, shall be removed to the camp infirmary or to a hospital.
They shall have permission to read and write, likewise to send and receive
letters. Parcels and remittances of money however, may be withheld from them until
the completion of the punishment; they shall meanwhile be entrusted to the
prisoners' representative, who-will hand over to the infirmary the perishable goods
contained in such parcels.
III. Judicial Proceedings
ARTICLE 99
No prisoner of war may be tried or sentenced for an act which is not forbidden
by the law of the Detaining Power or by international law, in force at the time the
said act was committed.
No moral or physical coercion may be exerted on a prisoner of war in order to
induce him to admit himself guilty of the act of which he is accused.
No prisoner of war may be convicted without having had an opportunity to
present his defence and the assistance of a qualified advocate or counsel.
ARTICLE 100
Prisoners of war and the Protecting Powers shall be informed as soon as possible
of the offences which are punishable by the death sentence under the laws of the
Detaining Power.
Other offences shall not thereafter be made punishable by the death penalty
without the concurrence of the Power on which the prisoners of war depend.
The death sentence cannot be pronounced on a prisoner of war unless the
attention of the court has, in accordance with Article 87, second paragraph, been
particularly called to the fact that since the accused is not a national of the Detaining
Power, he is not bound to it by any duty of allegiance, and that he is in its power as
the result of circumstances independent of his own will.
ARTICLE 101
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If the death penalty is pronounced on a prisoner of war, the sentence shall not be
executed before the expiration of a period of at least six months from the date when
the Protecting Power receives, at an indicated address, the detailed communication
provided for in Article 107.
ARTICLE 102
A prisoner of war can be validly sentenced only if the sentence has been
pronounced by the same courts according to the same procedure as in the case of
members of the armed forces of the Detaining Power, and if, furthermore, the
provisions of the present Chapter have been observed.
ARTICLE 103
Judicial investigations relating to a prisoner of war shall be conducted as rapidly
as circumstances permit and so that his trial shall take place as soon as possible. A
prisoner of war shall not be confined while awaiting trial unless a member of the
armed forces of the Detaining Power would be so confined if he were accused of a
similar offence, or if it is essential to do so in the interests of national security. In no
circumstances shall this confinement exceed three months.
Any period spent by a prisoner of war in confinement awaiting trial shall be
deducted from any sentence of imprisonment passed upon him and taken into
account in fixing any penalty.
The provisions of Articles 97 and 98 of this Chapter shall apply to a prisoner of
war whilst in confinement awaiting trial.
ARTICLE 104
In any case in which the Detaining Power has decided to institute judicial
proceedings against a prisoner of war, it shall notify the Protecting Power as soon as
possible and at least three weeks before the opening of the trial. This period of three
weeks shall run as from the day on which such notification reaches the Protecting
Power at the address previously indicated by the latter to the Detaining Power.
The said notification shall contain the following information:
(I) Surname and first names of the prisoner of war, his rank, his army,
regimental, personal or serial number, his date of birth, and his profession or trade,
if any;
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(2) Place of internment or confinement;
(3) Specification of the charge or charges on which the prisoner of war is to be
arraigned, giving the legal provisions applicable;
(4) Designation of the court which will try the case, likewise the date and place
fixed for the opening of the trial.
The same communication shall be made by the Detaining Power to the prisoners'
representative.
If no evidence is submitted, at the opening of a trial, that the notification referred
to above was received by the Protecting Power, by the prisoner of war and by the
prisoners' representative concerned, at least three weeks before the opening of the
trial, then the latter cannot take place and must be adjourned.
ARTICLE 105
The prisoner of war shall be entitled to assistance by one of his prisoner
comrades, to defence by a qualified advocate or counsel of his own choice, to the
calling of witnesses and, if he deems necessary, to the services of a competent
interpreter. He shall be advised of these rights by the Detaining Power in due time
before the trial.
Failing a choice by the prisoner of war, the Protecting Power shall find him an
advocate or counsel, and shall have at least one week at its disposal for the purpose.
The Detaining Power shall deliver to the said Power, on request, a list of persons
qualified to present the defence. Failing a choice of an advocate or counsel by the
prisoner of war or the Protecting Power, the Detaining Power shall appoint a
competent advocate or counsel to conduct the defence.
The advocate or counsel conducting the defence on behalf of the prisoner of war
shall have at his disposal a period of two weeks at least before the opening of the
trial, as well as the necessary facilities to prepare the defence of the accused. He
may, in particular, freely visit the accused and interview him in private. He may also
confer with any witnesses for the defence, including prisoners of war. He shall have
the benefit of these facilities until the term of appeal or petition has expired.
Particulars of the charge or charges on which the prisoner of war is to be
arraigned, as well as the documents which are generally communicated to the
accused by virtue of the laws in force in the armed forces of th
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e Detaining Power, shall be communicated to the accused prisoner of war in a
language which he understands, and in good time before the operiing of the trial.
The same communication in the same circumstances shall be made to the advocate
or counsel conducting the defence on behalf of the prisoner of war.
The representatives of the Protecting Power shall be entitled to attend the trial of
the case, unless, exceptionally, this is held in camera in the interest of State security.
In such a case the Detaining Power shall advise the Protecting Power accordingly.
ARTICLE 106
Every prisoner of war shall have, in the same manner as the members of the
aimed forces of the Detaining Power, the right of appeal or petition from any
sentence pronounced upon him, with a view to the quashing or revising of the
sentence or the reopening of the trial. He shall be fully informed of his right to
appeal or petition and of the time limit within which he may do so.
ARTICLE 107
Any judgment and sentence pronounced upon a prisoner of war shall be
immediately reported to the Protecting Power in the form of a summary
communication, which shall also indicate whether he has the right of appeal with a
view to the quashing of the sentence or the reopening of the trial. This
communication shall likewise be sent to the prisoners' representative concerned. It
shall also be sent to the accused prisoner of war in a language he understands, if the
sentence was not pronounced in his presence. The Detaining Power shall also
immediately communicate to the Protecting Power the decision of the prisoner of
war to use or to waive his right of appeal.
Furthermore, if a prisoner of war is finally convicted or if a sentence pronounced
on a prisoner of war in the first instance is a death sentence, the Detaining Power
shall as soon as possible address to the Protecting Power a detailed communication
containing:
(1) the precise wording of the finding and sentence;
(2) a summarized report of any preliminary investigation and of the trial,
emphasizing in particular the elements of the prosecution and the defence;
(3) notification, where applicable, of the establishment where the sentence will
be served.
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The communications provided for in the foregoing sub-paragraphs shall be sent
to the Protecting Power at the address previously made known to the Detaining
Power:
ARTICLE 108
Sentences pronounced on prisoners of war after a conviction has become duly
enforceable, shall be served in the same establishments and under the same
conditions as in the case of members of the armed forces of the Detaining Power.
These conditions shall in all cases conform to the requirements of health and
humanity.
A woman prisoner of war on whom such a sentence has been pronounced shall
be confined in separate quarters and shall be under the supervision of women.
In any case, prisoners of war sentenced to a penalty depriving them of their
liberty shall retain the benefit of the provisions of Articles 78 and 126 of the present
Convention. Furthermore, they shall be entitled to receive and despatch
correspondence, to receive at least one relief parcel monthly, to take regular exercise
in the open air, to have the medical care required by their state of health, and the
spiritual assistance they may desire. Penalties to which they may be subjected shall
be in accordance with the provisions of Article 87, third paragraph.
PART IV
TERMINATION OF CAPTIVITY
SECTION I
DIRECT REPATRIATION AND ACCOMMODATION IN
NEUTRAL COUNTRIES
ARTICLE 109
Subject to the provisions of the third paragraph of this Article, Parties to the
conflict are bound to send back to their own country, regardless of number or rank,
seriously wounded and seriously sick prisoners of war, after having cared for them
until they are fit to travel, in accordance with the first paragraph of the following
Article.
Throughout the duration of hostilities, Parties to the conflict shall endeavour,
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with the cooperation of the neutral Powers concerned, to make arrangements for
the accommodation in neutral countries of the sick and wounded prisoners of war
referred to in the second paragraph of the following Article. They may, in addition,
conclude agreements with a view to the direct repatriation or internment in a neutral
country of able-bodied prisoners of war who have undergone a long period of
captivity.
No sick or injured prisoner of war who is eligible for repatriation under the first
paragraph of this Article, may be repatriated against his will during hostilities.
ARTICLE 110
The following shall be repatriated direct:
(1) Incurably wounded and sick whose mental or physical fitness seems to have
been gravely diminished.
(2) Wounded and sick who, according to medical opinion, are not likely to
recover within one year, whose condition requires treatment and whose mental or
physical fitness seems to have been gravely diminished.
(3) Wounded and sick who have recovered, but whose mental or physical fitness
seems to have been gravely and permanently diminished.
The following may be accommodated in a neutral country:
(1) Wounded and sick whose recovery may be expected within one year of the
date of the wound or the beginning of the illness, if treatment in a neutral country
might increase the prospects of a more certain and speedy recovery.
(2) Prisoners of war whose mental or physical health, according to medical
opinion, is seriously threatened by continued captivity, but whose accommodation
in a neutral country might remove such a threat.
The conditions which prisoners of war accommodated in a neutral country must
fulfil in order to permit their repatriation shall be fixed, as shall likewise their status,
by agreement between the Powers concerned. In general, prisoners of war who have
been accommodated in a neutral country, and who belong to the following
categories, should be repatriated:
(1) Those whose state of health has deteriorated so as to fulfil the condition laid
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down for direct repatriation;
(2) Those whose mental or physical powers remain, even after treatment,
considerably impaired.
If no special agreements are concluded between the Parties to the conflict
concerned, to determine the cases of disablement or sickness entailing direct
repatriation or accommodation in a neutral country, such cases shall be settled in
accordance with the principles laid down in the Model Agreement concerning direct
repatriation and accommodation in neutral countries of wounded and sick prisoners
of war and in the Regulations concerning Mixed Medical Commissions annexed to
the present Convention.
ARTICLE 111
The Detaining Power, the Power on which the prisoners of war depend, and a
neutral Power agreed upon by these two Powers, shall endeavour to conclude
agreements which will enable prisoners of war to be interned in the territory of the
said neutral Power until the close of hostilities.
ARTICLE 112
Upon the outbreak of hostilities, Mixed Medical Commissions shall be
appointed to examine sick and wounded prisoners of war, and to make all
appropriate decisions regarding them. The appointment, duties and functioning of
these Commissions shall be in conformity with the provisions of the Regulations
annexed to the present Convention.
However, prisoners of war who, in the opinion of the medical authorities of the
Detaining Power, are manifestly seriously injured or seriously sick, may be
repatriated without having to be examined by a Mixed Medical Commission.
ARTICLE 113
Besides those who are designated by the medical authorities of the Detaining
Power, wounded or sick prisoners of war belonging to the categories listed below
shall be entitled to present themselves for examination by the Mixed Medical
Commissions provided for in the foregoing Article:
(1) Wounded and sick proposed by a physician or surgeon who is of the same
nationality, or a national of a Party to the conflict allied with the Power on which
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the said prisoners depend, and who exercises his functions in the camp.
(2) Wounded and sick proposed by their prisoners' representative.
(3) Wounded and sick proposed by the Power on which they depend, or , by an
organization duly recognized by the said Power and giving assistance to the
prisoners.
Prisoners of war who do not belong to one of the three foregoing categories may
nevertheless present themselves for examination by Mixed Medical Commissions,
but shall be examined only after those belonging to the said categories.
The physician or surgeon of the same nationality as the prisoners who present
themselves for examination by the Mixed Medical Commission, likewise the
prisoners' representative of the said prisoners, shall have permission to be present at
the examination.
ARTICLE 114
Prisoners of war who meet with accidents shall, unless the injury is selfinflicted,
have the benefit of the provisions of this Convention as regards
repatriation or accommodation in a neutral country.
ARTICLE 115
No prisoner of war on whom a disciplinary punishment has been imposed and
who is eligible for repatriation or for accommodation in a neutral country, may be
kept back on the plea that he has not undergone his punishment.
Prisoners of war detained in connection with a judicial prosecution or
conviction, and who are designated for repatriation or accommodation in a neutral
country, may benefit by such measures before the end of the proceedings or the
completion of the punishment, if the Detaining Power consents.
Parties to the conflict shall communicate to each other the names of those who
will be detained until the end of the proceedings or the completion of the
punishment.
ARTICLE 116
The cost of repatriating prisoners of war or of transporting them to a neutral
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country shall be borne, from the frontiers of the Detaining Power, by the Power
on which the said prisoners depend.
ARTICLE 117
No repatriated person may be employed on active military service.
SECTION II
RELEASE AND REPATRIATION OF PRISONERS OF WAR AT
THE CLOSE OF HOSTILITIES
ARTICLE 118
Prisoners of war shall be released and repatriated without delay after the
cessation of active hostilities.
In the absence of stipulations to the above effect in any agreement concluded
between the Parties to the conflict with a view to the cessation of hostilities, or
failing any such agreement, each of the Detaining Powers shall itself establish and
execute without delay a plan of repatriation in conformity with the principle laid
down in the foregoing paragraph.
In either case, the measures adopted shall be brought to the knowledge of the
prisoners of war.
The costs of repatriation of prisoners of war shall in all cases be equitably
apportioned between the Detaining Power and the Power on which the prisoners
depend. This apportionment shall be carried out on the following basis:
(a) If the two Powers are contiguous, the Power on which the prisoners of war
depend shall bear the costs of repatriation from the frontiers of the Detaining Power.
(b) If the two Powers are not contiguous, the Detaining Power shall bear the costs of
transport of prisoners of war over its own territory as far as its frontier or its port of
embarkation nearest to the territory of the Power on which the prisoners of war
depend. The Parties concerned shall agree between themselves as to the equitable
apportionment of the remaining costs of the repatriation. The conclusion of this
agreement shall in no circumstances justify any delay in the repatriation of the
prisoners of war.
ARTICLE 119
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Repatriation shall be effected in conditions similar to those laid down in Articles
46 to 48 inclusive of the present Convention for the transfer of prisoners of war,
having regard to the provisions of Article 118 and to those of the following
paragraphs.
On repatriation, any articles of value impounded from prisoners of war under
Article 18, and any foreign currency which has not been converted into the currency
of the Detaining Power, shall be restored to them. Articles of value and foreign
currency which, for any reason whatever, are not restored to prisoners of war on
repatriation, shall be despatched to the Information Bureau set up under Article
122.
Prisoners of war shall be allowed to take with them their personal effects, and
any correspondence and parcels which have arrived for them. The weight of such
baggage may be limited, if the conditions of repatriation so require, to what each
prisoner can reasonably carry. Each prisoner shall in all cases be authorized to carry
at least twenty-five kilograms.
The other personal effects of the repatriated prisoner shall be left in the charge of
the Detaining Power which shall have them forwarded to him as soon as it has
concluded an agreement to this effect, regulating the conditions of transport and the
payment of the costs involved, with the Power on Which the prisoner depends.
Prisoners of war against whom criminal proceedings for an indictable offence
are pending may be detained until the end of such proceedings, and, if necessary,
until the completion of the punishment. The same shall apply to prisoners of war
already convicted for an indictable offence.
Parties to the conflict shall communicate to each other the names of any
prisoners of war who are detained until the end of the proceedings or until
punishment has been completed.
By agreement between the Parties to the conflict, commissions shall be
established for the purpose of searching for dispersed prisoners of war and of
assuring their repatriation with the least possible delay.
SECTION III
DEATH OF PRISONERS OF WAR
ARTICLE 120
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Wills of prisoners of war shall be drawn up so as to satisfy the conditions of
validity required by the legislation of their country of origin, which will take steps
to inform the Detaining Power of its requirements in this respect. At the request of
the prisoner of war and, in all cases, after death, the will shall be transmitted without
delay to the Protecting Power; a certified copy shall be sent to the Central Agency.
Death certificates, in the form annexed to the present Convention, or lists
certified by a responsible officer, of all persons who die as prisoners of war shall be
forwarded as rapidly as possible to the Prisoner of War Information Bureau
established in accordance with Article 122. The death certificates or certified lists
shall show particulars of identity as set out in the third paragraph of Article 17, and
also the date and place of death, the cause of death, the date and place of burial and
all particulars necessary to identify the graves.
The burial or cremation of a prisoner of war shall be preceded by a medical
examination of the body with a view to confirming death and enabling a report to be
made and, where necessary, establishing identity.
The detaining authorities shall ensure that prisoners of war who have died in
captivity are honourably buried, if possible according to the rites of the religion to
which they belonged, and that their graves are respected, suitably maintained and
marked so as to be found at any time. Wherever possible, deceased prisoners of war
who depended on the same Power shall be interred in the same place.
Deceased prisoners of war shall be buried in individual graves unless
unavoidable circumstances require the use of collective graves. Bodies may be
cremated only for imperative reasons of hygiene, on account of the religion of the
deceased or in accordance with his express wish to this effect. In case of cremation,
the fact shall be stated and the reasons given in the death certificate of the deceased.
In order that graves may always be found, all particulars of burials and graves
shall be recorded with a Graves Registration Service established by the Detaining
Power. Lists of graves and particulars of the prisoners of war interred in cemeteries
and elsewhere shall be transmitted to the Power on which such prisoners of war
depended. Responsibility for the care of these graves and for records of any
subsequent moves of the bodies shall rest on the Power controlling the territory, if a
Party to the present Convention. These provisions shall also apply to the ashes,
which shall be kept by the Graves Registration Service until proper disposal thereof
in accordance with the wishes of the home country.
ARTICLE 121
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Every death or serious injury of a prisoner of war caused or suspected to have
been caused by a sentry, another prisoner of war, or any other person, as well as any
death the cause of which is unknown, shall be immediately followed by an official
enquiry by the Detaining Power.
A communication on this subject shall be sent immediately to the Protecting
Power. Statements shall be taken from witnesses, especially from those who are
prisoners of war, and a report including such statements shall be forwarded to the
Protecting Power,
If the enquiry indicates the guilt of one or more persons, the Detaining Power
shall take all measures for the prosecution of the person or persons responsible.
PART V
INFORMATION BUREAUX AND RELIEF SOCIETIES FOR
PRISONERS OF WAR
ARTICLE 122
Upon the outbreak of a conflict and in all cases of occupation, each of the Parties
to the conflict shall institute an official Information Bureau for prisoners of war who
are in its power. Neutral or non-belligerent Powers who may haye received within
their territory persons belonging to one of the categories referred to in Article 4,
shall take the same action with respect to such persons. The Power concerned shall
ensure that the Prisoners of War Information Bureau is provided with the necessary
accommodation, equipment and staff to ensure its efficient working. It shall be at
liberty to employ prisoners of war in such a Bureau under the conditions laid down
in the Section of the present Convention dealing with work by prisoners of war.
Within the shortest possible period, each of the Parties to the conflict shall give
its Bureau the infoimation referred to in the fourth, fifth and sixth paragraphs of this
Article regarding any enemy person belonging to one of the categories referred to in
Article 4, who has fallen into its power. Neutral or non-belligerent Powers shall take
the same action with regard to persons belonging to such categories whom they
have received within their territory.
The Bureau shall immediately forward such information by the most rapid
means to the Powers concerned, through the intermediary of the Protecting Powers
and likewise of the Central Agency provided for in Article 123.
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This information shall make it possible quickly to advise the next of kin
concerned. Subject to the provisions of Article 17, the information shall include, in
so far as available to the Information Bureau, in respect of each prisoner of war, his
surname, first names, rank, army, regimental, personal or serial number, place and
full date of birth, indication of the Power on which he depends, first name of the
father and maiden name of the mother, name and address of the person to be
informed and the address to which correspondence for the prisoner may be sent.
The Information Bureau shall receive from the various departments concerned
information regarding transfers, releases, repatriations, escapes, admissions to
hospital, and deaths, and shall transmit such information in the manner described in
the third paragraph above.
Likewise, information regarding the state of health of prisoners of war who are
seriously ill or seriously wounded shall be supplied regularly, every week if
possible.
The Information Bureau shall also be responsible for replying to all enquiries
sent to it concerning prisoners of war, including those who have died in captivity; it
will make any enquiries necessary to obtain the information which is asked for if
this is not in its possession.
All written communications made by the Bureau shall be authenticated by a
signature or a seal.
The Information Bureau shall furthermore be charged with collecting all
personal valuables, including sums in currencies other than that of the Detaining
Power and documents of importance to the next of kin, left by prisoners of war who
have been repatriated or released, or who have escaped or died, and shall forward
the said valuables to the Powers concerned. Such articles shall be sent by the Bureau
in sealed packets which shall be accompanied by statements giving clear and full
particulars of the identity of the person to whom the articles belonged, and by a
complete list of the contents of the parcel. Other personal effects of such prisoners
of war shall be transmitted under arrangements agreed upon between the Parties to
the conflict concerned.
ARTICLE 123
A Central Prisoners of War Information Agency shall be created in a neutral
country. The International Committee of the Red Cross shall, if it deems necessary,
propose to the Powers concerned the organization of such an Agency.
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The function of the Agency shall be to collect all the information it may obtain
through official or private channels respecting prisoners of war, and to transmit it as
rapidly as possible to the country of origin of the prisoners of war or to the Power
on which they depend. It shall receive from the Parties to the conflict all facilities
for effecting such transmissions.
The High Contracting Parties, and in particular those whose nationals benefit by
the services of the Central Agency, are requested to give the said Agency the
financial aid it may require.
The foregoing provisions shall in no way be interpreted as restricting the
humanitarian activities of the International Committee of the Red Cross, or of the
relief societies provided for in Article 125,
ARTICLE 124
The national Information Bureaux and the Central Information Agency shall
enjoy free postage for mail, likewise all the exemptions provided for in Article. 74,
and further, so far as possible, exemption from telegraphic charges or, at least,
greatly reduced rates.
ARTICLE 125
Subject to the measures which the Detaining Powers may consider essential to
ensure their security or to meet any other reasonable need, the representatives of
religious organizations, relief societies, or any other organization assisting prisoners
of war, shall receive from the said Powers, for themselves and their duly accredited
agents, all necessary facilities for visiting the prisoners, for distributing relief
supplies and material, from any source, intended for religious, educational or
recreative purposes, and for assisting them in organizing their leisure time within
the camps. Such societies or organizations may be constituted in the territory of the
Detaining Power or in any other country, or they may have an international
character.
The Detaining Power may limit the number of societies and organizations whose
delegates are allowed to carry out their activities in its territory and under its
supervision, on condition, however, that such limitation shall not hinder the
effective operation of adequate relief to all prisoners of war.
The special position of the International Committee of the Red Cross in this field
shall be recognized and respected at all times.
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As soon as relief supplies or material intended for the above-mentioned purposes
are handed over to prisoners of war, or very shortly afterwards, receipts for each
consignment, signed by the prisoners' representative, shall be forwarded to the relief
society or organization making the shipment. At the same time, receipts for these
consignments shall be supplied by the administrative authorities responsible for
guarding the prisoners.
PART VI
EXECUTION OF THE CONVENTION
SECTION I
GENERAL PROVISIONS
ARTICLE 126
Representatives or delegates of the Protecting Powers shall have permission to
go to all places where prisoners of war may be, particularly to places of internment,
imprisonment and labour, and shall have access to all premises occupied by
prisoners of war; they shall also be allowed to go to the places of departure, passage
and arrival of prisoners who are being transferred. They shall be able to interview
the prisoners, and in particular the prisoners' representatives, without witnesses,
either personally or through an interpreter.
Representatives and delegates of the Protecting Powers shall have full liberty to
select the places they wish to visit. The duration and frequency of these visits shall
not be restricted. Visits may not be prohibited except for reasons of imperative
military necessity, and then only as an exceptional and temporary measure.
The Detaining Power and the Power on which the said prisoners of war depend
may agree, if necessary, that compatriots of these prisoners of war be permitted to
participate in the visits.
The delegates of the International Committee of the Red Cross shall enjoy the
same prerogatives. The appointment of such delegates shall be submitted to the
approval of the Power detaining the prisoners of war to be visited.
ARTICLE 127
The High Contracting Parties undertake, in time of peace as in time of war, to
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disseminate the text of the present Convention as widely as possible in their
respective countries, and, in particular, to include the study thereof in their
programmes of military and, if possible, civil instruction, so that the principles
thereof may become known to all their armed forces and to the entire population.
Any military or other authorities, who in time of war assume responsibilities in
respect of prisoners of war, must possess the text of the Convention and be specially
instructed as to its provisions.
ARTICLE 128
The High Contracting Parties shall communicate to one another through the
Swiss Federal Council and, during hostilities, through the Protecting Powers, the
official translations of the present Convention, as well as the laws and regulations
which they may adopt to ensure the application thereof.
ARTICLE 129
The High Contracting Parties undertake to enact any legislation necessary to
provide effective penal sanctions for persons committing, or ordering to be
committed, any of the grave breaches of the present Convention defined in the
following Article.
Each High Contracting Party shall be under the obligation to search for persons
alleged to have committed. or to have ordered to be committed, such grave
breaches, and shall bring such persons, regardless of their nationality, before its own
courts. It may also, if it prefers, and in accordance with the provisions of its own
legislation, hand such persons over for trial to another High Contracting Party
concerned, provided such High Contracting Party has made out a prima facie case.
Each High Contracting Party shall take measures necessary for the suppression
of all acts contrary to the provisions of the present Convention other than the grave
breaches defined in the following Article.
In all circumstances, the accused persons shall benefit by safeguards of proper
trial and defence, which shall not be less favourable than those provided by Article
105 and those following of the present Convention.
ARTICLE 130
Grave breaches to which the preceding Article relates shall be those involving
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any of the following acts, if committed against persons or property protected by
the Convention: wilful killing, torture or inhuman treatment, including biological
experiments, wilfully causing great suffering or serious injury to body or health,
compelling a prisoner of war to serve in the forces of the hostile Power, or wilfully
depriving a prisoner of war of the rights of fair and regular trial prescribed in this
Convention.
ARTICLE 131
No High Contracting Party shall be allowed to absolve itself or any other High
Contracting Party of any liability incurred by itself or by another High Contracting
Party in respect of breaches referred to in the preceding Article.
ARTICLE 132
At the request of a Party to the conflict, an enquiry shall be instituted, in a
manner to be decided between the interested Parties, concerning any alleged
violation of the Convention.
If agreement has not been reached concerning the procedure for the enquiry, the
Parties should agree on the choice of an umpire who will decide upon the procedure
to be followed.
Once the violation has been established, the Parties to the conflict shall put an
end to it and shall repress it with the least possible delay.
SECTION II
FINAL PROVISIONS
ARTICLE 133
The present Convention is established in English and in French. Both texts are
equally authentic.
The Swiss Federal Council shall arrange for official translations of the
Convention to be made in the Russian and Spanish languages.
ARTICLE 134
The present Convention replaces the Convention of July 27, 1929, in relations
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between the High Contracting Parties.
ARTICLE 135
In the relations between the Powers which are bound by the Hague Convention
respecting the Laws and Customs of War on Land, whether that of July 29, 1899, or
that of October 18, 1907, and which are parties to the present Convention, this last
Convention shall be complementary to Chapter II of the Regulations annexed to the
above-mentioned Conventions of the Hague.
ARTICLE 136
The present Convention, which bears the date of this day, is open to signature
until February 12, 1950, in the name of the Powers represented at the Conference
which opened at Geneva on April 21, 1949; furthermore, by Powers not represented
at that Conference, but which are parties to the Convention of July 27, 1929.
ARTICLE 137
The present Convention shall be ratified as soon as possible and the ratifications
shall be deposited at Berne.
A record shall be drawn up of the deposit of each instrument of ratification and
certified copies of this record shall be transmitted by the Swiss Federal Council to
all the Powers in whose name the Convention has been signed, or whose accession
has been notified.
ARTICLE 138
The present Convention shall come into force six months after not less than two
instruments of ratification have been deposited.
Thereafter, it shall come into force for each High Contracting Party six months
after the deposit of the instrument of ratification.
ARTICLE 139
From the date of its coming into force, it shall be open to any Power in whose
name the present Convention has not been signed, to accede to this Convention.
ARTICLE 140
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Accessions shall be notified in writing to the Swiss Federal Council, and shall
take effect six months after the date on which they are received.
The Swiss Federal Council shall communicate the accessions to all the Powers
in whose name the Convention has been signed, or whose accession has been
notified.
ARTICLE 141
The situations provided for in Articles 2 and 3 shall give immediate effect to
ratifications deposited and accessions notified by the Parties to the conflict before or
after the beginning of hostilities or occupation. The Swiss Federal Council shall
communicate by the quickest method any ratifications or accessions received from
Parties to the conflict.
ARTICLE 142
Each of the High Contracting Parties shall be at liberty to denounce the present
Convention.
The denunciation shall be notified in writing to the Swiss Federal Council,
which shall transmit it to the Governments of all the High Contracting Parties.
The denunciation shall take effect one year after the notification thereof has been
made to the Swiss Federal Council. However, a denunciation of which notification
has been made at a time when the denouncing Power is involved in a conflict shall
not take effect until peace has been concluded, and until after operations connected
with release and repatriation of the persons protected by the present Convention
have been terminated.
The denunciation shall have effect only in respect of the denouncing Power. It
shall in no way impair the obligations which the Parties to the conflict shall remain
bound to fulfil by virtue of the principles of the law of nations, as they result from
the usages established among civilized peoples, from the laws of humanity and the
dictates of the public conscience.
ARTICLE 143
The Swiss Federal Council shall register the present Convention with the
Secretariat of the United Nations. The Swiss Federal Council shall also inform the
Secretariat of the United Nations of all ratifications, accessions and denunciations
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received by it with respect to the present Convention.
IN WITNESS WHEREOF the undersigned, having deposited their respective
full powers, have signed the present Convention.
DONE at Geneva this twelfth day of August 1949, in the English and French
languages. The original shall be deposited in the Archives of the Swiss
Confederation. The Swiss Federal Council shall transmit certified copies thereof to
each of the signatory and acceding States.
ANNEX I
MODEL AGREEMENT CONCERNING DIRECT REPATRIATION
AND ACCOMMODATION IN NEUTRAL COUNTRIES OF
WOUNDED AND SICK PRISONERS OF WAR
(see Article 110)
I -- PRINCIPLES FOR DIRECT REPATRIATION AND
ACCOMMODATION IN NEUTRAL COUNTRIES
A. DIRECT REPATRIATION
The following shall be repatriated direct:
(1) All prisoners of war suffering from the following disabilities as the result of
trauma: loss of a limb, paralysis, articular or other disabilities, when this disability is
at least the loss of a hand or a foot, or the equivalent of the loss of a hand or a foot.
Without prejudice to a more generous interpretation, the following shall be
considered as equivalent to the loss of a hand or a foot:
(a) Loss of a hand or of all the fingers, or of the thumb and forefinger of one
hand; loss of a foot, or of all the toes and metatarsals of one foot.
(b) Ankylosis, loss of osseous tissue, cicatricial contracture preventing the
functioning of one of the large articulations or of all the digital joints of one hand.
(c) Pseudarthrosis of the long bones.
(d) Deformities due to fracture or other injury which seriously interfere with
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function and weight-bearing power.
(2) All wounded prisoners of war whose condition has become chronic, to the
extent that prognosis appears to exclude recovery--in spite of treatment--within one
year from the date of the injury, as, for example, in case of:
(a) Projectile in the heart, even if the Mixed Medical Commission should fail, at
the time of their examination, to detect any serious disorders.
(b) Metallic splinter in the brain or the lungs, even if the Mixed Medical
Commission cannot, at the time of examination, detect any local or general reaction.
(c) Osteomyelitis, when recovery cannot be foreseen in the course of the year
following the injury, and which seems likely to result in ankylosis of a joint, or
other impairments equivalent to the loss of a hand or a foot.
(d) Perforating and suppurating injury to the large joints.
(e) Injury to the skull, with loss or shifting of bony tissue.
(f) Injury or burning of the face with loss of tissue and functional lesions.
(g) Injury to the spinal cord.
(h) Lesion of the peripheral nerves, the sequelae of which are equivalent to the
loss of a hand or foot, and the cure of which requires more than a year from the date
of injury, for.example: injury to the brachial or lumbosacral plexus median or sciatic
nerves, likewise combined injury to the radial and cubital nerves or to the lateral
popliteal nerve (N. peroneous communis) and medial popliteal nerve (N. tibias);
etc. The separate injury of the radial (musculo-spiral), cubital, lateral or medial
popliteal nerves shall not, however, warrant repatriation except in case of
contractures or of serious neurotrophic disturbance.
(i) Injury to the urinary system, with incapacitating results.
(3) All sick prisoners of war whose condition has become chronic to the extent
that prognosis seems to exclude recovery--in, spite of treatment-- within one year
from the inception of the disease, as, for example, in case of:
(a) Progressive tuberculosis of any organ which, according to medical prognosis,
cannot be cured or at least considerably improved by treatment in a neutral country.
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(b) Exudate pleurisy.
(c) Serious diseases of the respiratory organs of non-tubercular etiology,
presumed incurable, for example: serious pulmonary emphysema, with or without
bronchitis; chronic asthma *; chronic bronchitis * lasting more than one year in
captivity; bronchiectasis *; etc.
(d) Serious chronic affections of the circulatory system, for example: valvular
lesions and myocarditis *, which have shown signs of circulatory failure during
captivity, even though the Mixed Medical Commission cannot detect any such signs
at the time of examination; affections of the pericardium and the vessels (Buerger's
disease, aneurisms of the large vessels); etc.
(e) Serious chronic affections of the digestive organs, for example: gastric or
duodenal ulcer; sequelae of gastric operations performed in captivity; chronic
gastritis, enteritis or colitis, having lasted more than one year and seriously affecting
the general condition; cirrhosis of the liver; chronic cholecystopathy *; etc.
(f) Serious chronic affections of the genito-urinary organs, for example: chronic
diseases of the kidney with consequent disorders; nephrectomy because of a
tubercular kidney; chronic pyelitis or chronic cystitis; hydronephrosis or
pyonephrosis; chronic grave gynaecological conditions; normal pregnancy and
obstetrical disorder, where it is impossible to accommodate in a neutral country; etc.
(g) Serious chronic diseases of the central and peripheral nervous system, for
example: all obvious psychoses and psychoneuroses, such as serious hysteria,
serious captivity psychoneurosis, etc., duly verified by a specialist *; any epilepsy
duly verified by the camp physician *; cerebral arteriosclerosis; chronic neuritis
lasting more than one year; etc.
(h) Serious chronic diseases of the neuro-vegetative system, with considerable
diminution of mental or physical fitness, noticeable loss of weight and general
asthenia.
(i) Blindness of both eyes, or of one eye when the vision of the other is less than
1 in spite of the use of corrective glasses; diminution of visual acuity in cases where
it is impossible to restore it by correction to an acuity of 1/2 in at least one eye *;
other grave ocular affections, for example: glaucoma, iritis, choroiditis; trachoma;
etc.
(k) Auditive disorders, such as total unilateral deafness, if the other ear does not
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discern the ordinary spoken word at a distance of one metre *; etc.
(1) Serious affections of metabolism, for example: diabetes mellitus requiring
insulin treatment; etc.
(m) Serious disorders of the endocrine glands, for example: thyrotoxicosis;
hypothyrosis; Addison's disease; Simmonds' cachexia; tetany; etc.
(n) Grave and chronic disorders of the blood-forming organs.
(o) Serious cases of chronic intoxication, for example: lead poisoning, mercury
poisoning, morphinism, cocainism, alcoholism; gas or radiation poisoning; etc.
(p) Chronic affections of locomotion, with obvious functional disorders, for
example: arthritis deformans; primary and secondary progressive chronic
polyarthritis; rheumatism with serious clinical symptoms; etc.
(q) Serious chronic skin diseases, not amenable to treatment.
(r) Any malignant growth.
(s) Serious chronic infectious diseases, persisting for one year after their
inception, for example: malaria with decided organic impairment, amoebic or
bacillary dysentery with grave disorders; tertiary visceral syphilis resistant to
treatment; leprosy; etc.
(t) Serious avitaminosis or serious inanition.
[NOTE] * The decision of the Mixed Medical Commission shall be based to a
great extent on the records kept by camp physicians and surgeons of the same
nationality as the prisoners of war, or on an examination by medical specialists of
the Detaining Power.
B. ACCOMMODATION IN NEUTRAL COUNTRIES
The following shall be eligible for accommodation in a neutral country:
(1) All wounded prisoners of war who are not likely to recover in captivity, but
who might be cured or whose condition might be considerably improved by
accommodation in a neutral country.
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(2) Prisoners of war suffering from any form of tuberculosis, of whatever organ,
and whose treatment in a neutral country would be likely to lead to recovery or at
least to considerable improvement, with the exception of primary tuberculosis cured
before captivity.
(3) Prisoners of war suffering from affections requiring treatment of the
respiratory, circulatory, digestive, nervous, sensory, genito-urinary, cutaneous,
locomotive organs, etc., if such treatment would clearly have better results in a
neutral country than in captivity.
(4) Prisoners of war who have undergone a nephrectomy in captivity for a nontubercular
renal affection; cases of osteomyelitis, on the way to recovery or latent;
diabetes mellitus not requiring insulin treatment; etc.
(5) Prisoners of war suffering from war or captivity neuroses. Cases of captivity
neurosis which are not cured after three months of accommodation in a neutral
country, or which after that length of time are not clearly on the way to complete
cure, shall be repatriated.
(6) All prisoners of war suffering from chronic intoxication (gases, metals,
alkaloids, etc.), for whom the prospects of cure in a neutral country are especially
favourable.
(7) All women prisoners of war who are pregnant or mothers with infants and
small children.
The following cases shall not be eligible for accommodation in a neutral
country:
(1) All duly verified chronic psychoses.
(2) All organic or functional nervous affections considered to be incurable.
(3) All contagious diseaSes during the period in which they are transmissible,
with the exception of tuberculosis.
IL -- GENERAL OBSERVATIONS
(1) The conditions given shall, in a general way, be interpreted and applied in as
broad a spirit as possible. Neuropathic and psychopathic conditions caused by war
or captivity, as well as cases of tuberculosis in all stages, shall above all benefit by
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such liberal interpretation.' Prisoners of war who have sustained several wounds,
none of which, considered by itself, justifies repatriation, shall be examined in the
same spirit, with due regard for the psychic traumatism due to the number of their
wounds.
(2) All unquestionable cases giving the right to direct repatriation (amputation,
total blindness or deafness, open pulmonary tuberculosis, 'mental disorder,
malignant growth, etc.) shall be examined and repatriated as soon as possible by the
camp physicians or by military medical commissions appointed by the Detaining
Power.
(3) Injuries and diseases which existed before the war and which have not
become worse, as well as war injuries which have not prevented subsequent military
service, shall not entitle to direct repatriation.
(4) The provisions of this Annex shall be interpreted and applied in a similar
manner in all countries party to the conflict. The Powers and authorities concerned
shall grant to Mixed Medical Commissions all the facilities necessary for the
accomplishment' of their task.
(5) The examples quoted under (1) above represent only typical cases. Cases
which do not correspond exactly to these provisions shall be judged in the spirit of
the provisions of Article 110 of the present Convention, and of the principles
embodied in the present Agreement.
ANNEX II
Art
1
Art
2
Art
3
Art
4
Art
5
Art
6
Art
7
Art
8
Art
9
Art
10
Art
11
Art
12
Art
13
REGULATIONS CONCERNING MIXED MEDICAL
COMMISSIONS
(see Article 112)
ARTICLE 1
The Mixed Medical Commissions provided for in Article 112 of the Convention
shall be composed of three members, two of whom shall belong to a neutral
country, the third being appointed by the Detaining Power. One of the neutral
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members shall take the chair.
ARTICLE 2
The two neutral members shall be appointed by the International Committee of
the Red Cross, acting in agreement with the Protecting Power, at the request of the
Detaining Power. They may be domiciled either in their country of origin, in any
other neutral country, or in the territory of the Detaining Power.
ARTICLE .3
The neutral members shall be approved by the Parties to the conflict concerned,
who shall notify their approval to the International Committee of the Red Cross and
to the Protecting Power. Upon such notification, the neutral members shall be
considered as effectively appointed.
ARTICLE 4
Deputy members shall also be appointed in sufficient number to replace the
regular members in case of need. They shall be appointed at the same time as the
regular members or, at least, as soon as possible.
ARTICLE 5
If for any reason the International Committee of the Red Cross cannot arrange
for the appointment of the neutral members, this shall be done by the Power
protecting the interests of the prisoners of war to be examined.
ARTICLE 6
So far as possible, one of the two neutral members shall be a surgeon and the
other a physician.
ARTICLE 7
The neutral members shall be entirely independent of the Parties to the conflict,
which shall grant them all facilities in the accomplishment of their duties.
ARTICLE 8
By agreement with the Detaining Power, the International Committee of the Red
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Cross, when making the appointments provided for in Articles 2 and 4 of the
present Regulations, shall settle the terms of sery ice of the nominees.
ARTICLE 9
The Mixed Medical Commissions shall begin their work as soon as possible
after the neutral members have been approved, and in any case within a period of
three months from the date of such approval.
ARTICLE 10
The Mixed Medical Commissions shall examine all the prisoners designated in
Article 113 of the Convention. They shall propose repatriation, rejection, or
reference to a later examination. Their decisions shall be made by a majority vote.
ARTICLE 11
The decisions made by the Mixed Medical Commissions in each specific case
shall be communicated, during the month following their visit, to the Detaining
Power, the Protecting Power and the International Committee of the Red Cross. The
Mixed Medical Commissions shall also inform each prisoner of war examined of
the decision made, and shall issue to those whose repatriation has been proposed,
certificates similar to the model appended to the present Convention.
ARTICLE 12
The Detaining Power shall be required to carry out the decisions of the Mixed
Medical Commissions within three months of the time when it receives due
notification of such decisions.
ARTICLE 13
If there is no neutral physician in a country where the services of a Mixed
Medical Commission seem to be required, and if it is for any reason impossible to
appoint neutral doctors who are resident in another country, the Detaining Power,
acting in agreement with the Protecting Power, shall set up a Medical Commission
which shall undertake the same duties as a Mixed Medical Commission, subject to
the provisions of Articles 1, 2, 3, 4, 5 and 8 of the present Regulations.
ARTICLE 14
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Mixed Medical Commissions shall function permanently and shall visit each
camp at intervals of riot more than six months.
ANNEX III
Art 1 Art 2. Art 3 Art 4 Art 5 Art 6 Art 7 Art 8 Art 9
REGULATIONS CONCERNING COLLECTIVE RELIEF
(see Article 73)
ARTICLE 1
Prisoners' representatives shall be allowed to distribute collective relief
shipments for which they are responsible, to all prisoners of war administered by
their camp, including those who are in hospitals, or in prisons or other penal
establishments. •
ARTICLE 2
The distribution of collective relief shipments shall be effected in accordance
with the instructions of the donors and with a plan drawn up by the prisoners'
representatives. The issue of medical stores shall, however, be made for preference
in agreement with the senior medical officers, and the latter may, in hospitals and
infirmaries, waive the said instructions, if the needs of their patients so demand.
Within the limits thus defined, the distribution shall always be carried out equitably.
ARTICLE 3
The said prisoners' representatives or their assistants shall be allowed to go to the
points of arrival of relief supplies near their camps, so as to enable the prisoners'
representatives or their assistants to verify the quality as well as the quantity of the
goods received, and to make out detailed reports thereon for the donors.
ARTICLE 4
Prisoners' representatives shall be given the facilities necessary for verifying
whether the distribution of collective relief in all subdivisions and annexes of their
camps has been carried out in accordance with their instructions.
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ARTICLE 5
Prisoners' representatives shall be allowed to fill up, and cause to be filled up by
the prisoners' representatives of labour detachments or by the senior medical
officers of infirmaries and hospitals, forms or questionnaires intended for the
donors, relating to collective relief supplies (distribution, requirements, quantities,
etc.). Such forms and questionnaires, duly completed, shall be forwarded to the
donors without delay.
ARTICLE 6
In order to secure the regular issue of collective relief to the prisoners of war in
their camp, and to meet any needs that may arise from the arrival of new
contingents of prisoners, prisoners' representatives shall be allowed to build up and
maintain adequate reserve stocks of collective relief. For this purpose, they shall
have suitable warehouses at their disposal; each warehouse shall be provided with
two locks, the prisoners' representative holding the keys of one lock and the camp
commander the keys of the other.
ARTICLE 7
When collective consignments of clothing are available, each prisoner of war
shall retain in his possession at least one complete set of clothes. If a prisoner has
more than one set of clothes, the prisoners' representative shall be permitted to
withdraw excess clothing from those with the largest number of sets, or particular
articles in excess of one, if this is necessary in order to supply prisoners who are less
well provided. He shall not, however, withdraw second sets of underclothing, socks
or footwear, unless this is the only means of providing for prisoners of war with
' none.
ARTICLE 8
The High Contracting Parties, and the Detaining Powers in particular, shall
authorize, as far as possible and subject to the regulations governing the supply of
the population, all purchases of goods made in their territories for the distribution of
collective relief to prisoners of war. They shall similarly facilitate the transfer of
funds and other financial measures of a technical or administrative nature taken for
the purpose of making such purchases.
ARTICLE 9
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The foregoing provisions shall not constitute an obstacle to the right of prisoners
of war to receive collective relief before their arrival in a camp or in the course of
transfer, nor to the possibility of representatives of the Protecting Power, the
International Committee of the Red Cross, or any other body giving assistance to
prisoners which may be responsible for the forwarding of such supplies, ensuring
the distribution thereof to the addressees by any other means that they may deem
useful.
[ANNEX IV -- not included] [MODEL IDENTITY CARD]
ANNEX V
MODEL REGULATIONS CONCERNING PAYMENTS SENT IBY
PRISONERS TO THEIR OWN COUNTRY
(see Article 63)
(1) The notification referred to in the third paragraph of Article 63 will show:
(a) number as specified in Article 17, rank, surname and first names of the
prisoner of war who is the payer;
(b) the name and address of the payee in the country of origin;
(c) the amount to be so paid in the currency of the country in which he is
detained.
(2) The notification will be signed by the prisoner of war, or his witnessed mark
made upon it if he cannot write, and shall be countersigned by the prisoners'
representative.
(3) The camp commander will add to this notification a certificate that the
prisoner of war concerned has a credit balance of not less than the amount registered
as payable.
(4) The notification may be made up in lists, each sheet of such lists being
witnessed by the prisoners' representative and certified by the camp commander.
Laws of War Page 19th Century Page 20th Century Page
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