Convention (III) relative to the
Treatment of Prisoners of War.
Preamble
The
undersigned Plenipotentiaries of the Governments represented at the Diplomatic
Conference held at
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
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
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.
Atr 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
Registr