Convention
(III) relative to
the Treatment of Prisoners of War
Geneva,
12 August 1949
__________________________________________________________________
Preamble
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
Art 1. The High Contracting Parties
undertake to respect and to ensure respect for the present Convention
in all circumstances.
Art 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 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.
Art 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.
Art 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:
(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 armed 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 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.
Art 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.
Art 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 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.
Art 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.
Art 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.
Art 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.
Art 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.
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.
Art 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 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
Art 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.
Art 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
curiosity.
Measures of reprisal against prisoners of war are prohibited.
Art 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.
Art 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.
Art 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 1. Beginning
of Captivity
Art 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.
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.
Art 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.
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.
Art 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.
Art 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.
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
Art 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.
Art 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 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.
Art 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.
Art 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
Art 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
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.
Art 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. Furthermore, 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.
Art 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 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.
Art 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. Hygene and Medical Attention
Art 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.
Art 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.
Art 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.
Art 32. Prisoners of war who,
though not attached to the medical service of their armed 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
Art 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 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
Art 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.
Art 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.
Art 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 receive the same treatment as the chaplains retained by
the Detaining Power. They shall not be obliged to do any other work.
Art 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.
Art 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
Art 39. Every prisoner of war
camp shall be put under the immediate authority of a responsible commissioned
officer belonging to the regular armed 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 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.
Art 40. The wearing of badges
of rank and nationality, as well as of decorations, shall be permitted.
Art 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.
Art 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
Art 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.
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.
Art 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.
Art 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
Art 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 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.
Art 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.
Art 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
Art 49. 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.
Art 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.
Art 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.
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.
Art 52. Unless he be a volunteer,
no prisoner of war may be employed on labour 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.
Art 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.
Art 54. The working pay due to
prisoners of war shall be fixed in accordance with the provisions
of Article 62 of the present Convention.
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.
Art 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.
Art 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.
Art 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.
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
Art 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.
Art 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.
Art 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.
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:
seventy-five 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.
Art 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.
Art 62. 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.
Art 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.
To apply the foregoing provisions, the Detaining Power may usefully
consult the Model Regulations in Annex V of the present Convention.
Art 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.
Art 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.
Art 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 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.
Art 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.
Art 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 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
Art 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.
Art 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.
Art 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 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.
Art 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.
Art 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.
Art 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.
Art 75. 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.
Art 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.
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.
Art 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
Art 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.
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
Art 79. IIn 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.
Art 80. 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.
Art 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. Penal and Disciplinary Sanctions
I. General Provisions
Art 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.
Art 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.
Art 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.
Art 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.
Art 86. No prisoner of war may
be punished more than once for the same act or on the same charge.
Art 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.
Art 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.
Prisoners of war who have served disciplinary or judicial sentences
may not be treated differently from other prisoners of war.
II. Disciplinary Sanctions
Art 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.
Art 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 punishment, 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, if the duration of one of these is
ten days or more.
Art 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.
Art 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.
Art 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.
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.
Art 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.
Art 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.
Art 96. Acts which constitute
offences against discipline shall be investigated immediately.
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.
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.
Art 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.
Art 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.
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. Juridicial Proceedings
Art 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.
Art 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.
Art 101. 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.
Art 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.
Art 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.
Art 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:
(1) 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;
(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.
Art 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 the Detaining Power, shall be communicated to the accused prisoner
of war in a language which he understands, and in good time before
the opening 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.
Art 106. Every prisoner of war
shall have, in the same manner as the members of the armed 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.
Art 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.
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.
Art 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
Art 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, 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.
Art 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 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.
Art 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.
Art 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.
Art 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 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.
Art 114. Prisoners of war who
meet with accidents shall, unless the injury is self-inflicted, have
the benefit of the provisions of this Convention as regards repatriation
or accommodation in a neutral country.
Art 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.
Art 116. The cost of repatriating
prisoners of war or of transporting them to a neutral country shall
be borne, from the frontiers of the Detaining Power, by the Power
on which the said prisoners depend.
Art 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
Art 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.
Art 119. 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
Art 120. 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.
Art 121. 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
Art 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 have 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 information 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.
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.
Art 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.
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.
Art 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.
Art 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.
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
Art 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.
Art 127. The High Contracting
Parties undertake, in time of peace as in time of war, to 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.
Art 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.
Art 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.
Art 130. Grave breaches to which
the preceding Article relates shall be those involving 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.
Art 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.
Art 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
Art 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.
Art 134. The present Convention
replaces the Convention of July 27, 1929, in relations between the
High Contracting Parties.
Art 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 th above-mentioned Conventions of the Hague.
Art 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.
Art 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.
Art 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.
Art 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.
Art 140. 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.
Art 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.
Art 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.
Art 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
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 Art
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 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. tibialis);
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.
(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 discern the ordinary spoken word at a distance
of one metre *; etc.
(l) 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.
(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 non-tubercular 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.
II. 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 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. Regulations Concerning Mixed Medical Commissions (see Art 112.)
Art 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 members
shall take the chair.
Art 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.
Art 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.
Art 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.
Art 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.
Art 6. So far as possible, one
of the two neutral members shall be a surgeon and the other a physician.
Art 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.
Art 8. By agreement with the
Detaining Power, the International Committee of the Red Cross, when
making the appointments provided for in Articles 2 and 4 of the present
Regulations, shall settle the terms of service of the nominees.
Art 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.
Art 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.
Art 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.
Art 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.
Art 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.
Art 14. Mixed Medical Commissions
shall function permanently and shall visit each camp at intervals
of not more than six months.
Annex
III. Regulations Concerning Collective Relief (See Art 73.)
Art 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.
Art 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.
Art 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.
Art 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.
Art 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.
Art 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.
Art 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.
Art 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.
Art 9. 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. (A) Identity Card(See Art 4.)
Annex IV. (B) Captured Card(See Art 70.)
Annex IV. (C) Correspondence Card and Letter (See Art 71.)
Annex IV. (D) Notification of Death (See Art 120.)
Annex IV. (E) Repatriation Certificate (See AnnexII, Art 11.)
Annex V. Model Regulations Concerning Payments
Sent by Prisoners
to their Own Country (See Art 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.