Convention 3 Relative to the Treatment of Prisoners of War July 27 1929 Art 2
Convention relative to the Treatment of Prisoners of War, 118 L.N.T.S. 343, entered into force June xix, 1931.
Convention relative to the Treatment of Prisoners of War, 118 L.N.T.S. 343, entered into force June xix, 1931.
[The Human Rights Library wishes to express its gratitude to the Institute Henry Dunant for its contribution of this document.]
(List of Contracting Parties)
Recognizing that, in the extreme effect of a war, information technology will be the duty of every Ability, to mitigate as far as possible, the inevitable rigours thereof and to alleviate the status of prisoners of state of war;
Being desirous of developing the principles which have inspired the international conventions of The Hague, in particular the Convention concerning the Laws and Customs of War and the Regulations thereunto annexed,
Have resolved to conclude a Convention for that purpose and have appointed every bit their Plenipotentiaries:
(Here follow the names of Plenipotentiaries)
Who, having communicated their total powers, found in good and due form, have agreed is follows.
Role I
Article 1. The present Convention shall apply without prejudice to the stipulations of Part VII:
(1) To all persons referred to in Articles 1, 2 and iii of the Regulations annexed to the Hague Convention (4) of 18 October 1907, concerning the Laws and Customs of War on Land, who are captured by the enemy. (2) To all persons belonging to the armed forces of belligerents who are captured by the enemy in the form of operations of maritime or aeriform war, subject area to such exceptions (derogations) as the conditions of such capture render inevitable. Nevertheless these exceptions shall not infringe the fundamental principles of the present Convention; they shall stop from the moment when the captured persons shall have reached a prisoners of war camp.
Art. 2. Prisoners of war are in the power of the hostile Government, but non of the individuals or formation which captured them.
They shall at all times exist humanely treated and protected, peculiarly against acts of violence, from insults and from public curiosity.
Measures of reprisal against them are forbidden.
Art. three. Prisoners of war are entitled to respect for their persons and laurels. Women shall be treated with all consideration due to their sex.
Prisoners retain their total civil capacity.
Art. 4. The detaining Power is required to provide for the maintenance of prisoners of state of war in its charge. Differences of treatment between prisoners are permissible only if such differences are based on the military rank, the state of physical or mental health, the professional abilities, or the sexual activity of those who benefit from them.
Part II
Art. five. Every prisoner of war is required to declare, if he is interrogated on the discipline, his true names and rank, or his regimental number.
If he infringes this rule, he exposes himself to a restriction of the privileges accorded to prisoners of his category.
No pressure level shall be exercised on prisoners to obtain information regarding the state of affairs in their armed forces or their country. Prisoners who refuse to reply may not be threatened, insulted, or exposed to unpleasantness or disadvantages of any kind whatsoever.
If, past reason of his concrete or mental condition, a prisoner is incapable of stating his identity, he shall exist handed over to the Medical Service.
Art. 6. All personal effects and articles in personal utilize -- except arms, horses, armed services equipment and military papers -- shall remain in the possession of prisoners of war, equally well as their metal helmets and gas-masks.
Sums of money carried by prisoners may but exist taken from them on the lodge of an officer and after the corporeality has been recorded. A receipt shall be given for them. Sums thus impounded shall be placed to the account of each prisoner.
Their identity tokens, badges of rank, decorations and articles of value may not exist taken from prisoners.
Part 3
CAPTIVITY
Department I
EVACUATION OF PRISONERS OF WAR
Art. 7. As before long as possible afterward their capture, prisoners of war shall be evacuated to depots sufficiently removed from the fighting zone for them to be out of danger.
Just prisoners who, past reason of their wounds or maladies, would run greater risks past being evacuated than by remaining may be kept temporarily in a dangerous zone. Prisoners shall non be unnecessarily exposed to danger while pending evacuation from a fighting zone. The evacuation of prisoners on foot shall in normal circumstances exist effected by stages of not more than 20 kilometres per solar day, unless the necessity for reaching water and food depôts requires longer stages.
Art. 8. Belligerents are required to notify each other of all captures of prisoners equally soon as possible, through the intermediary of the Information Bureaux organised in accordance with Commodity 77. They are likewise required to inform each other of the official addresses to which letter of the alphabet from the prisoners' families may exist addressed to the prisoners of war.
As soon equally possible, every prisoner shall exist enabled to represent personally with his family unit, in accordance with the atmospheric condition prescribed in Article 36 and the following Articles.
As regards prisoners captured at sea, the provisions of the present article shall be observed as before long equally possible subsequently inflow in port.
Section 2
Art. 9. Prisoners of state of war may be interned in a town, fortress or other place, and may be required not to go beyond certain fixed limits. They may also be interned in fenced camps; they shall non exist bars or imprisoned except as a measure indispensable for safety or wellness, and only so long equally circumstances exist which necessitate such a measure.
Prisoners captured in districts which are unhealthy or whose climate is deleterious to persons coming from temperate climates shall be removed as soon every bit possible to a more than favourable climate.
Belligerents shall as far every bit possible avoid bringing together in the same camp prisoners of different races or nationalities.
No prisoner may at any time exist sent to an surface area where he would be exposed to the fire of the fighting zone, or be employed to return by his presence certain points or areas immune from bombardment.
CHAPTER ane
Art. 10. Prisoners of war shall be lodged in buildings or huts which beget all possible safeguards equally regards hygiene and salubrity.
The premises must exist entirely free from damp, and fairly heated and lighted. All precautions shall be taken confronting the danger of burn down.
As regards dormitories, their total expanse, minimum cubic air infinite, fittings and bedding material, the conditions shall be the same as for the depot troops of the detaining Power.
CHAPTER 2
Food and wear of prisoners of war
Art. 11. The food ration of prisoners of war shall be equivalent in quantity and quality to that of the depot troops.
Prisoners shall also be afforded the means of preparing for themselves such additional articles of food as they may possess.
Sufficient drinking water shall be supplied to them. The use of tobacco shall be authorized. Prisoners may be employed in the kitchens.
All collective disciplinary measures affecting food are prohibited.
Art. 12. Vesture, underwear and footwear shall be supplied to prisoners of war by the detaining Power. The regular replacement and repair of such articles shall be assured. Workers shall also receive working kit wherever the nature of the work requires it.
In all camps, canteens shall be installed at which prisoners shall be able to procure, at the local market price, food bolt and ordinary articles. The profits accruing to the administrations of the camps from the canteens shall be utilised for the benefit of the prisoners.
Affiliate 3
Art. xiii. Belligerents shall be required to take all necessary hygienic measures to ensure the cleanliness and salubrity of camps and to forbid epidemics.
Prisoners of state of war shall accept for their use, day and nighttime, conveniences which adapt to the rules of hygiene and are maintained in a constant state of cleanliness. In addition and without prejudice to the provision as far as possible of baths and shower-baths in the camps, the prisoners shall be provided with a sufficient quantity of water for their bodily cleanliness.
They shall have facilities for engaging in concrete exercises and obtaining the benefit of being out of doors.
Art. fourteen. Each camp shall possess an infirmary, where prisoners of state of war shall receive attention of any kind of which they may be in need. If necessary, isolation establishments shall be reserved for patients suffering from infectious and contagious diseases.
The expenses of handling, including those of temporary remedial apparatus, shall exist borne past the detaining Power.
Belligerents shall be required to issue, on demand, to any prisoner treated, and official statement indicating the nature and elapsing of his disease and of the treatment received.
It shall be permissible for belligerents mutually to authorize each other, by means of special agreements, to retain in the camps doctors and medical orderlies for the purpose of caring for their prisoner compatriots. Prisoners who have contracted a serious malady, or whose condition necessitates important surgical treatment, shall be admitted, at the expense of the detaining Power, to whatsoever military or civil institution qualified to treat them.
Art. 15. Medical inspections of prisoners of war shall be bundled at least once a calendar month. Their object shall exist the supervision of the full general state of wellness and cleanliness, and the detection of infectious and contagious diseases., especially tuberculosis and venereal complaints.
Affiliate 4
Intellectual and moral needs of prisoners of war
Art. 16. Prisoners of state of war shall be permitted complete liberty in the functioning of their religious duties, including attendance at the services of their religion, on the sole status that they comply with the routine and police regulations prescribed by the military regime. Ministers of organized religion, who are prisoners of war, whatever may exist their denomination, shall be allowed freely to minister to their co-religionists.
Art. 17. belligerents shall encourage as much every bit possible the organization of intellectual and sporting pursuits by the prisoners of state of war.
CHAPTER 5
Internal discipline of camps
Art. eighteen. Each prisoners of war army camp shall be placed under the authority of a responsible officer.
In addition to external marks of respect required by the regulations in force in their ain armed services with regard to their nationals, prisoners of state of war shall exist required to salute all officers of the detaining Power. Officeholder prisoners of war shall be required to salute only officers of that Power who are their superiors or equals in rank.
Fine art. 19. The wearing of badges of rank and decorations shall be permitted.
Art. xx. Regulations, orders, announcements and publications of whatsoever kind shall exist communicated to prisoners of war in a language which they understand. The same principle shall exist applied to questions.
CHAPTER half dozen
Special provisions concerning officers and persons of equivalent status
Fine art. 21. At the commencement of hostilities, belligerents shall be required reciprocally to inform each other of the titles and ranks in use in their respective armed forces, with the view of ensuring equality of treatment between the corresponding ranks of officers and persons of equivalent status.
Officers and persons of equivalent condition who are prisoners of state of war shall be treated with due regard to their rank and age.
Art. 22. In order to ensure the service of officers' camps, soldier prisoners of war of the same armed forces, and as far as possible speaking the same language, shall exist detached for service therein in sufficient number, having regard to the rank of the officers and persons of equivalent status.
Officers and persons of equivalent status shall procure their food and clothing from the pay to be paid to them past the detaining Ability. The management of a mess by officers themselves shall be facilitated in every fashion.
CHAPTER vii
Pecuniary resource of prisoners of war
Fine art. 23. Subject to whatever special arrangements made between the belligerent Powers, and particularly those contemplated in Commodity 24, officers and persons of equivalent status who are prisoners of war shall receive from the detaining Ability the aforementioned pay as officers of corresponding rank in the armed forces of that Power, provided, yet, that such pay does not exceed that to which they are entitled in the armed forces of the land in whose service they have been. This pay shall be paid to them in full, once a month if possible, and no deduction therefrom shall exist made for expenditure devolving upon the detaining Power, even if such expenditure is incurred on their behalf.
An understanding between the belligerents shall prescribe the rate of exchange applicable to this payment; in default of such understanding, the charge per unit of substitution adopted shall be that in force at the moment of the commencement of hostilities.
All advances made to prisoners of state of war by manner of pay shall exist reimbursed, at the end of hostilities, by the Ability in whose service they were.
Fine art. 24. At the commencement of hostilities, belligerents shall determine by common accord the maximum amount of greenbacks which prisoners of war of various ranks and categories shall be permitted to retain in their possession. Any excess withdrawn or withheld from a prisoner, and any deposit of money effected past him, shall be carried to his account, and may not exist converted into another currency without his consent.
The credit balances of their accounts shall be paid to the prisoners of war at the end of their captivity. During the continuance of the latter, facilities shall be accorded to them for the transfer of these amounts, wholly or in function, to banks or individual individuals in their state of origin.
CHAPTER 8
Transfer of prisoners of war
Art. 25. Unless the course of military operations demands it, sick and wounded prisoners of war shall non be transferred if their recovery might be prejudiced past the journey.
Art. 26. In the result of transfer, prisoners of war shall be officially informed in accelerate of their new destination; they shall exist authorized to take with them their personal furnishings, their correspondence and parcels which have arrived for them.
All necessary arrangements shall exist fabricated so that correspondence and parcels addressed to their old camp shall be sent on to them without filibuster.
The sums credited to the account of transferred prisoners shall be transmitted to the competent authorization of their new place of residence.
Expenses incurred by the transfers shall be borne by the detaining Power.
Section Three
WORK OF PRISONERS OF WAR
CHAPTER 1
Art. 27. Belligerents may utilise equally workmen prisoners of state of war who are physically fit, other than officers and persons of equivalent statue, according to their rink and their ability.
Nevertheless, if officers or persons of equivalent status ask for suitable piece of work, this shall be found for them as far equally possible.
Not-deputed officers who are prisoners of war may be compelled to undertake simply supervisory work, unless they expressly asking remunerative occupation. During the whole period of captivity, belligerents are required to acknowledge prisoners of state of war who are victims of accidents at work to the benefit of provisions applicable to workmen of the aforementioned category under the legislation of the detaining Power. As regards prisoners of war to whom these legal provisions could not be practical by reason of the legislation of that Power, the latter undertakes to recommend to its legislative body all proper measures for the equitable compensation of the victims.
Chapter ii
Art. 28. The detaining Power shall presume entire responsibleness for the maintenance, care, treatment and the payment of the wages of prisoners of war working for individual individuals.
Art. 29. No prisoner of state of war may exist employed on work for which he is physically unsuited.
Art. 30. The duration of the daily work of prisoners of state of war, including the time of the journeying to and from work, shall not be excessive and shall in no instance exceed that permitted for civil workers of the locality employed on the aforementioned work. Each prisoner shall exist allowed a rest of twenty-four consecutive hours each calendar week, preferably on Sunday.
CHAPTER 3
Fine art. 31. Piece of work done by prisoners of war shall have no straight connection with the operations of the war. In particular, it is forbidden to utilize prisoners in the manufacture or transport of arms or munitions of any kind, or on the transport of fabric destined for combatant units.
In the event of violation of the provisions of the preceding paragraph, prisoners are at liberty, later on performing or commencing to perform the order, to have their complaints presented through the intermediary of the prisoners' representatives whose functions are described in Articles 43 an 44, or, in the absence of a prisoners' representative, through the intermediary of the representatives of the protecting Power.
Art. 32. Information technology is forbidden to employ prisoners of state of war on unhealthy or dangerous piece of work. Conditions of work shall not be rendered more arduous by disciplinary measures.
Chapter four
Art. 33. Weather governing labour detachments shall be similar to those of prisoners-of-war camps, particularly every bit concerns hygienic conditions, food, intendance in case of accidents or sickness, correspondence, and the reception of parcels.
Every labour detachment shall be fastened to a prisoners' camp. The commander of this camp shall be responsible for the observance in the labour detachment of the provisions of the nowadays Convention.
Chapter v
Art. 34. Prisoners of war shall not receive pay for piece of work in connexion with the administration, internal arrangement and maintenance of camps.
Prisoners employed on other work shall be entitled to a rate of pay, to be fixed past agreements between the belligerents.
These agreements shall also specify the portion which may be retained past the camp assistants, the amount which shall belong to the prisoner of war and the style in which this amount shall be placed at his disposal during the period of his captivity.
Pending the determination of the said agreements, remuneration of the work of prisoners shall be fixed according to the post-obit standards:
(a) Work washed for the Country shall be paid for co-ordinate to the rates in force for soldiers of the national forces doing the aforementioned work, or, if no such rates exist, according to a tariff corresponding to the work executed.
(b) When the work is done for other public administrations or for private individuals, the conditions shall exist settled in agreement with the military government.
The pay which remains to the credit of a prisoner shall be remitted to him on the termination of his captivity. In instance of death, it shall exist remitted through the diplomatic channel to the heirs of the deceased.
Section IV
RELATIONS OF PRISONERS OF WAR WITH THE EXTERIOR
Art. 35. On the beginning of hostilities, belligerents shall publish the measures prescribed for the execution of the provisions of the nowadays department.
Fine art. 36. Each of the belligerents shall fix periodically the number of messages and postcards which prisoners of war of different categories shall be permitted to send per month, and shall notify that number to the other belligerent. These letters and cards shall exist sent by post by the shortest route. They may not exist delayed or withheld for disciplinary motives.
Not subsequently than one week after his arrival in camp, and similarly in case of sickness, each prisoner shall be enabled to send a postcard to his family informing them of his capture and the state of his health. The said postcards shall be forwarded as quickly as possible and shall non exist delayed in any manner.
As a full general rule, the correspondence of prisoners shall be written in their native linguistic communication. Belligerents may qualify correspondence in other languages.
Art. 37. Prisoners of war shall be authorized to receive individually postal parcels containing foodstuffs and other articles intended for consumption or wear. The parcels shall be delivered to the addressees and a receipt given.
Art. 38. Letters and remittances of money or valuables, as well as postal parcels addressed to prisoners of war, or despatched past them, either directly or through the intermediary of the information bureaux mentioned in Article 77, shall be exempt from all postal charges in the countries of origin and destination and in the countries through which they laissez passer.
Presents and relief in kind intended for prisoners of war shall also be exempt from all import or other duties, besides equally any charges for wagon on railways operated by the State.
Prisoners may, in cases of recognized urgency, be authorized to send telegrams on payment of the usual charges.
Art. 39. Prisoners of war shall be permitted to receive individually consignments of books which may be bailiwick to censorship.
Representatives of the protecting Powers and of duly recognized and authorized relief societies may transport works and collections of books to the libraries of prisoners, camps. The transmission of such consignments to libraries may not exist delayed under pretext of difficulties of censorship.
Art. 40. The censoring of correspondence shall exist accomplished every bit quickly as possible. The examination of postal parcels shall, moreover, be effected under such conditions as will ensure the preservation of whatsoever foodstuffs which they may incorporate, and, if possible, be done in the presence of the leaseholder or of a
representative duly recognized by him.
Whatsoever prohibition of correspondence ordered by the belligerents, for armed services or political reasons, shall only exist of a temporary graphic symbol and shall as well be for every bit brief a time equally possible.
Fine art. 41. Belligerents shall accord all facilities for the transmission of documents destined for prisoners of war or signed by them, in particular powers of attorney and wills.
They shall take the necessary measures to secure, in example of need, the legalisation of signatures of prisoners.
SECTION 5
RELATIONS Betwixt PRISONERS OF War AND THE Regime
CHAPTER i
Complaints of prisoners of state of war respecting the conditions of captivity
Fine art. 42. Prisoners of war shall have the correct to bring to the discover of the military authorities, in whose hands they are, their petitions concerning the conditions of captivity to which they are subjected.
They shall also have the correct to communicate with the representatives of the protecting Powers in order to draw their attention to the points on which they accept complaints to make with regard to the atmospheric condition of captivity.
Such petitions and complaints shall exist transmitted immediately.
Even though they are establish to be baseless, they shall not give rise to any punishment.
CHAPTER 2
Representatives of prisoners of state of war
Art. 43. In any locality where there may exist prisoners of war, they shall be authorized to appoint
representatives to stand for them before the military authorities and the protecting Powers.
Such appointments shall be subject to the approval of the war machine regime.
The prisoners' representatives shall be charged with the reception and distribution of collective consignments. Similarly, in the event of the prisoners deciding to organize amongst themselves a system of mutual assist, such system shall be 1 of the functions of the prisoners" representatives. On the other hand, the latter may offer their services to prisoners to facilitate their relations with the relief societies mentioned in Article 78.
In camps of officers and persons of equivalent status the senior officer prisoner of the highest rank shall be recognized equally intermediary betwixt the campsite government and the officers and similar persons who are prisoners, for this purpose he shall have the power to appoint an officer prisoner to help him as interpreter in the grade of conferences with the government of the camp.
Art. 44. When the prisoners representatives are employed as workmen, their piece of work as representatives of the prisoners of state of war shall be reckoned in the compulsory flow of labour.
All facilities shall be accorded to the prisoners' representatives for their correspondence with the military authorities and the protecting Power. Such correspondence shall not exist subject to any limitation.
No prisoners' representative may exist transferred without his having been immune the time necessary to acquaint his successors with the current business.
Chapter 3
Penal sanctions with regard to prisoners of war
Fine art. 45. Prisoners of war shall exist subject area to the laws, regulations and orders in force in the armed forces of the detaining Power.
Whatever act of insubordination shall render them liable to the measures prescribed by such laws, regulations, and orders, except equally otherwise provided in this Affiliate.
Art. 46. Prisoners of war shall not be subjected by the armed services authorities or the tribunals of the detaining Power to penalties other than those which are prescribed for similar acts by members of the national forces. Officers, non-commissioned officers or private soldiers, prisoners of war, undergoing disciplinary punishment shall non be subjected to treatment less favourable than that prescribed, as regards the aforementioned penalisation, for similar ranks in the war machine of the detaining Power.
All forms of corporal punishment, solitude in premises not lighted by daylight and, in full general, all forms of cruelty any are prohibited.
Collective penalties for private acts are also prohibited.
Art. 47. A statement of the facts in cases of acts constituting a alienation of discipline, and particularly an effort to escape, shall be drawn upwards in writing without delay. The period during which prisoners of war of whatever rank are detained in custody (pending the investigation of such offences) shall be reduced to a strict minimum.
The judicial proceedings against a prisoner of war shall be conducted as quickly as circumstances volition permit. The period during which prisoners shall exist detained in custody shall exist as short every bit possible.
In all cases the period during which a prisoner is under abort (pending penalisation or trial) shall exist deducted from the sentence, whether disciplinary or judicial, provided such deduction is permitted in the case of members of the national forces.
Art. 48. After undergoing the judicial or disciplinary penalty which has been inflicted on them, prisoners of war shall non be treated differently from other prisoners. Nevertheless, prisoners who have been punished equally the result of an try to escape may be subjected to a special régime of surveillance, but this shall not involve the suppression of any of the safeguards accorded to prisoners by the present Convention.
Fine art. 49. No prisoner of state of war may be deprived of his rank by the detaining Power.
Prisoners on whom disciplinary punishment is inflicted shall non be deprived of the privileges attaching to their rank. In particular, officers and persons of equivalent status who suffer penalties entailing deprivation of liberty shall not be placed in the same premises as non-deputed officers or private soldiers undergoing punishment.
Fine art. l. Escaped prisoners of war who are re-captured earlier they have been able to rejoin their own military machine or to leave the territory occupied past the armed services which captured them shall be liable merely to disciplinary penalty.
Prisoners who, after succeeding in rejoining their armed forces or in leaving the territory occupied by the armed forces which captured them, are again taken prisoner shall not exist liable to any penalisation for their previous escape.
Art. 51. Attempted escape, even if it is nut a start offence, shall non exist considered as an aggravation of the offence in the effect of the pow existence brought earlier the courts for crimes or offences against persons or holding committed in the course of such try. After an attempted or successful escape, the comrades of the escaped person who aided the escape shall incur only disciplinary penalization therefor.
Fine art. 52. Belligerents shall ensure that the competent authorities exercize the greatest leniency in considering the question whether an offence committed by a prisoner of war should be punished by disciplinary or by judicial measures.
This provision shall be observed in detail in appraising facts in connexion with escape or attempted escape.
A prisoner shall not be punished more than than one time for the same human activity or on the same charge.
Art. 53. No prisoner who has been awarded whatever disciplinary punishment for an offence and who fulfils the conditions laid down for repatriation shall be retained on the ground that he has non undergone his punishment. Prisoners qualified for repatriation against whom any prosecution for a criminal offence has been brought may exist excluded from repatriation until the termination of the proceedings and until fulfilment of their sentence, if whatsoever; prisoners already serving a judgement of imprisonment may be retained until the death of the sentence. Belligerents shall communicate to each other lists of those who cannot be repatriated for the reasons indicated in the preceding paragraph.
II. Disciplinary punishments
Fine art. 54. Imprisonment is the nearly severe disciplinary punishment which may be inflicted on a prisoner of war. The duration of any unmarried punishment shall not exceed thirty days.
This maximum of thirty days shall, moreover, not be exceeded in the event of there existence several acts for which the prisoner is answerable to discipline at the time when his case is disposed of, whether such acts are connected or not.
Where, during the course or afterwards the termination of a period of imprisonment, a prisoner is sentenced to a fresh disciplinary penalty, a flow of at least three days shall intervene between each of the periods of imprisonment, if one of such periods is of ten days or over.
Art. 55. Subject to the provisions of the last paragraph of Commodity xi, the restrictions in regard to food permitted in the armed forces of the detaining Power may be applied, as an additional penalty, to prisoners of state of war undergoing disciplinary punishment.
Such restrictions shall, however, but exist ordered if the land of the prisoner'south health permits.
Art. 56. In no instance shall prisoners of war be transferred to penitentiary establishments (prisoners, penitentiaries, convict establishments, etc.) in guild to undergo disciplinary sentence there.
Establishments in which disciplinary sentences are undergone shall conform to the requirements of hygiene. Facilities shall be afforded to prisoners undergoing sentence to keep themselves in a country of cleanliness. Every solar day, such prisoners shall take facilities for taking practise or for remaining out of doors for at least two hours.
Art. 57. Prisoners of state of war undergoing disciplinary punishment shall be permitted to read and write and to ship and receive letters.
On the other hand, it shall be permissible not to deliver parcels and remittances of coin to the addressees until the expiration of the sentence. If the undelivered parcels contain perishable foodstuffs, these shall be handed over to the hospital or to the military camp kitchen.
Art. 58. Prisoners of war undergoing disciplinary penalisation shall be permitted, on their request, to present themselves for daily medical inspection. They shall receive such attending every bit the medical officers may consider necessary, and, if demand be, shall exist evacuated to the campsite infirmary or to infirmary.
Art. 59. Without prejudice to the competency of the courts and the superior military authorities, disciplinary sentences may merely be awarded by an officer vested with disciplinary powers in his chapters as commander of the camp or detachment, or by the responsible officer interim every bit his substitute.
Three. Judicial proceedings
Art. lx. At the start of a judicial hearing against a prisoner of war, the detaining Power shall notify the representative of the protecting Power as presently as possible, and in any case earlier the appointment stock-still for the opening of the hearing.
The said notification shall contain the post-obit particulars:
(a) Ceremonious condition and rank of the prisoner. (b) Place of residence or detention.
(c) Statement of the accuse or charges, and of the legal provisions applicable.
If it is not possible in this notification to indicate particulars of the courtroom which volition try the instance, the engagement of the opening of the hearing and the place where information technology will take place, these particulars shall be furnished to the representative of the protecting Power at a later engagement, but as before long as possible and in whatever example at least 3 weeks earlier the opening of the hearing.
Art. 61. No prisoner of war shall exist sentenced without being given the opportunity to defend himself. No prisoner shall exist compelled to admit that he is guilty of the offence of which he is accused.
Fine art. 62. The prisoner of war shall have the right to be assisted past a qualified. advocate of his own choice and, if necessary, to take recourse to the offices of a competent interpreter. He shall exist informed of his right by the detaining Power in expert time earlier the hearing. Failing a choice on the part of the prisoner, the protecting Power may procure an advocate for him. The detaining Ability shall, on the asking of the protecting Power, furnish to the latter a list of persons qualified to acquit the defense force.
The representatives of the protecting Ability shall have the correct to attend the hearing of the example.
The only exception to this rule is where the hearing has to be kept secret in the interests of the prophylactic of the State. The detaining Power would then notify the protecting Ability accordingly.
Art. 63. A sentence shall simply be pronounced on a prisoner of war past the aforementioned tribunals and in accordance with the same process as in the case of persons belonging to the war machine of the detaining Power.
Art. 64. Every prisoner of war shall have the right of appeal against any sentence against him in the same manner as persons belonging to the military machine of the detaining Power.
Art. 65. Sentences pronounced against prisoners of war shall be communicated immediately to the protecting Power.
Fine art. 66. If sentence of expiry is passed on a prisoner of state of war, a advice setting forth in detail the nature and the circumstances of the offence shall be addressed as before long as possible to the representative of the protecting Power for transmission to the Power in whose military the prisoner served.
The judgement shall not exist carried out before the expiration of a period of at least three months from the date of the receipt of this communication by the protecting Ability.
Art. 67. No pow may exist deprived of the do good of the provisions of Article 42 of the present Convention as the result of a judgment or otherwise.
Office IV
END OF CAPTIVITY
SECTION I
DIRECT REPATRIATION AND ACCOMMODATION IN A NEUTRAL State
Art. 68. Belligerents shall be required to send back to their own country, without regard to rank or numbers, after rendering them in a fit condition for transport, prisoners of state of war who are seriously ill or seriously wounded.
Agreements between the belligerents shall therefore decide, as soon as possible, the forms of disablement or sickness requiring direct repatriation and cases which may necessitate accommodation in a neutral state. Pending the conclusion of such agreements, the belligerents may refer to the model draft agreement annexed to the nowadays Convention.
Art. 69. On the opening of hostilities, belligerents shall come to an understanding every bit to the appointment of mixed medical commissions. These commissions shall consist of three members, 2 of whom shall belong to a neutral land and one appointed by the detaining Ability; i of the medical officers of the neutral state shall preside. These mixed medical commissions shall proceed to the examination of ill or wounded prisoners and shall make all appropriate decisions with regard to them. The decisions of these commissions shall be decided by majority and shall be carried into effect as soon equally possible.
Art. seventy. In addition to those prisoners of war selected by the medical officer of the camp, the following shall be inspected past the mixed medical Commission mentioned in Article 69, with a view to their direct repatriation or accommodation in a neutral country: (a) Prisoners who make a direct request to that effect to the medical officer of the camp;
(b) Prisoners presented by the prisoners'
representatives mentioned in Article 43, the latter interim on their own initiative or on the request of the prisoners themselves;
(c) Prisoners nominated by the Power in whose armed services they served or by a relief society duly recognized and authorized by that Power.
Fine art. 71. Prisoners of state of war who come across with accidents at work, unless the injury is self-inflicted, shall accept the benefit of the same provisions as regards repatriation or adaptation in a neutral state.
Art. 72. During the continuance of hostilities, and for humanitarian reasons, belligerents may conclude agreements with a view to the direct repatriation or accommodation in a neutral country of prisoners of war in good wellness who have been in captivity for a long time.
Art. 73. The expenses of repatriation or send to a neutral state of prisoners of war shall exist borne, equally from the frontier of the detaining Ability, by the Ability in whose armed forces such prisoners served.
Art. 74. No repatriated person shall be employed on active military machine service.
SECTION II
LIBERATION AND REPATRIATION AT THE End OF HOSTILITIES
Art. 75. When belligerents conclude an armistice convention, they shall normally cause to be included therein provisions concerning the repatriation of prisoners of war. If it has not been possible to insert in that convention such stipulations, the belligerents shall, notwithstanding, enter into advice with each other on the question equally soon every bit possible. In whatsoever example, the repatriation of prisoners shall be effected as presently as possible after the determination of peace.
Prisoners of war who are subject area to criminal proceedings for a crime or offence at mutual law may, however, be detained until the finish of the proceedings, and, if need be, until the expiration of the sentence. The same applies to prisoners convicted for a criminal offense or offence at mutual law.
By agreement betwixt the belligerents, commissions may exist instituted for the purpose of searching for scattered prisoners and ensuring their repatriation.
Role 5
DEATHS OF PRISONERS OF WAR
Art. 76. The wills of prisoners of war shall be received and drawn upward under the same conditions equally for soldiers of the national armed forces.
The aforementioned rules shall exist followed as regards the documents relative to the certification of the death. The belligerents shall ensure that prisoners of war who accept died in captivity are honourably cached, and that the graves bear the necessary indications and are treated with respect and suitably maintained.
Function Half dozen
BUREAUX OF RELIEF AND Data Apropos PRISONERS OF War
Art. 77. At the starting time of hostilities, each of the belligerent Powers and the neutral Powers who have belligerents in their care, shall plant an official bureau to requite information most the prisoners of state of war in their territory.
Each of the belligerent Powers shall inform its Information Agency as shortly as possible of all captures of prisoners effected by its armed forces, furnishing them with all particulars of identity at its disposal to enable the families concerned to be apace notified, and stating the official addresses to which families may write to the prisoners.
The Information Bureau shall transmit all such information immediately to the Powers concerned, on the ane hand through the intermediary of the protecting Powers, and on the other through the Central Agency contemplated in Article 79.
The Data Bureau, beingness charged with replying to all enquiries relative to prisoners of state of war, shall receive from the diverse services concerned all particulars respecting internments and transfers, releases on parole, repatriations, escapes, stays in hospitals, and deaths, together with all other particulars necessary for establishing and keeping upwardly to date an individual tape for each pow.
The Bureau shall note in this record, equally far every bit possible, and subject to the provisions of Article 5, the regimental number, names and surnames, date and identify of birth, rank and unit of measurement of the prisoner, the surname of the father and name of the mother, the address of the person to exist notified in example of accident, wounds, dates and places of capture, of internment, of wounds, of death, together with all other important particulars. Weekly lists containing all additional particulars capable of facilitating the identification of each prisoner shall be transmitted to the interested Powers. The individual record of a prisoner of war shall be sent after the conclusion of peace to the Power in whose service he was.
The Data Bureau shall also be required to collect all personal effects, valuables, correspondence, pay-books, identity tokens, etc., which take been left past prisoners of war who have been repatriated or released on parole, or who accept escaped or died, and to transmit them to the countries concerned.
Art. 78. Societies for the relief of prisoners of war, regularly constituted in accordance with the laws of their state, and having for their object to serve equally intermediaries for charitable purposes, shall receive from the belligerents, for themselves and their duly accredited agents, all facilities for the efficacious performance of their humane task inside the limits imposed by military exigencies. Representatives of these societies shall be permitted to distribute relief in the camps and at the halting places of repatriated prisoners under a personal allow issued by the war machine authorisation, and on giving an undertaking in writing to comply with all routine and constabulary orders which the said authority shall prescribe.
Art. 79. A Key Bureau of information regarding prisoners of war shall be established in a neutral country. The International Red Cross Committee shall, if they consider it necessary, propose to the Powers concerned the organization of such an agency.
This agency shall exist charged with the duty of collecting all information regarding prisoners which they may be able to obtain through official or private channels, and the agency shall transmit the information as rapidly as possible to the prisoners' own state or the Ability in whose service they take been.
These provisions shall non be interpreted equally restricting the humanitarian work of the International Cerise Cross Committee.
Art. 80. Information Bureaux shall enjoy exemption from fees on postal matter besides as all the exemptions prescribed in Article 38.
PART Vii
Awarding OF THE CONVENTION TO Certain CATEGORIES OF CIVILIANS
Fine art. 81. Persons who follow the armed forces without straight belonging thereto, such equally correspondents, newspaper reporters, sutlers, or contractors, who fall into the hands of the enemy, and whom the latter think fit to detain, shall be entitled to be treated as prisoners of war, provided they are in possession of an authorization from the military government of the armed forces which they were following.
PART VIII
EXECUTION OF THE CONVENTION
Department I
Fine art. 82. The provisions of the present Convention shall exist respected by the Loftier Contracting Parties in all circumstances.
In fourth dimension of war if 1 of the belligerents is not a party to the Convention, its provisions shall, yet, remain binding as between the belligerents who are parties thereto.
Art. 83. The High Contracting Parties reserve to themselves the right to conclude special conventions on all questions relating to prisoners of war concerning which they may consider it desirable to make special provisions.
Prisoners of war shall continue to savour the benefits of these agreements until their repatriation has been effected, subject to whatever provisions expressly to the contrary contained in the above-mentioned agreements or in subsequent agreements, and subject to any more favourable measures by one or the other of the argumentative Powers concerning the prisoners detained by that Power. In order to ensure the awarding, on both sides, of the provisions of the present Convention, and to facilitate the determination of the special conventions mentioned above, the belligerents may, at the start of hostilities, qualify meetings of representatives of the respective authorities charged with the administration of prisoners of state of war.
Art. 84. The text of the present Convention and of the special conventions mentioned in the preceding Article shall be posted, whenever possible, in the native linguistic communication of the prisoners of war, in places where it may be consulted past all the prisoners.
The text of these conventions shall be communicated, on their asking, to prisoners who are unable to inform themselves of the text posted.
Art. 85. The High Contracting Parties shall communicate to each other, through the intermediary of the Swiss Federal Quango, the official translations of the nowadays Convention, together with such laws and regulations as they may adopt to ensure the awarding of the present Convention.
Section II
Art. 86. The High Contracting Parties recognize that a guarantee of the regular application of the present Convention will be found in the possibility of collaboration between the protecting Powers charged with the protection of the interests of the belligerents; in this connection, the protecting Powers may, autonomously from their diplomatic personnel, appoint delegates from among their own nationals or the nationals of other neutral Powers. The engagement of these delegates shall exist discipline to the blessing of the argumentative with whom they are to carry out their mission.
The representatives of the protecting Power or their recognized delegates shall be authorized to proceed to any identify, without exception, where prisoners of war are interned. They shall have access to all bounds occupied by prisoners and may hold conversation with prisoners, as a full general rule without witnesses, either personally or through the intermediary of interpreters.
Belligerents shall facilitate every bit much as possible the chore of the representatives or recognized delegates of the protecting Power. The military government shall be informed of their visits.
Belligerents may mutually agree to allow persons of the prisoners own nationality to participate in the tours of inspection.
Fine art. 87. In the issue of dispute between the belligerents regarding the awarding of the provisions of the nowadays Convention, the protecting Powers shall, as far as possible, lend their adept offices with the object of settling the dispute.
To this stop, each of the protecting Powers may, for instance, advise to the belligerents concerned that a briefing of representatives of the latter should be held, on suitably chosen neutral territory. The belligerents shall be required to requite effect to proposals made to them with this object. The protecting Ability may, if necessary, submit fur the approval of the Powers in dispute the name of a person belonging to a neutral Power or nominated past the International Red Cantankerous Committee, who shall be invited to take role in this conference.
Art. 88. The foregoing provisions do non constitute whatsoever obstacle to the humanitarian work which the International Red Cantankerous Committee may perform for the protection of prisoners of state of war with the consent of the belligerents concerned.
SECTION 3
FINAL PROVISIONS
Art. 89. In the relations between the Powers who are bound either by The Hague Convention concerning the Laws and Customs of War on Land of 29 July 1899, or that of xviii Oct 1907, and are parties to the present Convention, the latter shall be complementary to Chapter 2 of the Regulations annexed to the above-mentioned Conventions of The Hague.
Art. 90. The present Convention, which shall deport this day's date, may exist signed up to 1 February 1930, on behalf of whatever of the countries represented at the Conference which opened at Geneva on one July 1929.
Art. 91. The present Convention shall exist ratified equally presently as possible.
The ratifications shall exist deposited at Berne. In respect of the eolith of each instrument of ratification, a ' procès-verbal ' shall exist drawn up, and copy thereof, certified correct, shall be sent past the Swiss Federal Council to the Governments of all the countries on whose behalf the Convention has been signed or whose accession has been notified.
Art. 92. The nowadays Convention shall enter into force half-dozen months after at least ii instruments of ratification have been deposited.
Thereafter it shall enter into force for each High Contracting Political party six months after the eolith of its musical instrument of ratification.
Art. 93. As from the date of its entry into force, the present Convention shall be open to accession notified in respect of any land on whose behalf this Convention has not been signed.
Art. 94. Accessions shall be notified in writing to the Swiss Federal Council and shall take Effect six months after the appointment on which they take been received. The Swiss Federal Quango shall notify the accessions to the Governments of all the countries on whose behalf the Convention has been signed or whose accession has been notified.
Art. 95. A state of war shall give immediate event to ratifications deposited-and to accessions notified by the belligerent Powers before or after the offset of hostilities. The communication of ratifications or accessions received from Powers in a country of war shall exist effected by the Swiss Federal Council by the quickest method.
Art. 96. Each of the High Contracting Parties shall have the correct to denounce the present Convention. The denunciation shall simply have effect i yr afterwards notification thereof has been made in writing to the Swiss Federal Council. The latter shall communicate this notification to the Governments of sick the High Contracting Parties.
The denunciation shall only be valid in respect of the High Contracting Political party which has made notification thereof.
Such denunciation shall, moreover, not accept effect during a war in which the denouncing Power is involved. In this case, the present Convention shall continue binding, beyond the period of one year, until the conclusion of peace and, in any case, until operations of repatriation shall accept terminated.
Art. 97. A re-create of the nowadays Convention, certified to exist correct, shall be deposited past the Swiss Federal Council in the archives of the League of Nations. Similarly, ratifications, accessions and denunciations notified to the Swiss Federal Council shall be communicated by them to the League of Nations.
In faith whereof the above-mentioned Plenipotentiaries accept signed the present Convention.
Done at Geneva the 20-seventh July, one k nine hundred and twenty-9, in a single copy, which shall remain deposited in the athenaeum of the Swiss Confederation, and of which copies, certified correct, shall be transmitted to the Governments of all the countries invited to the Briefing.
(Here follow signatures)
ANNEX TO THE CONVENTION OF 27 JULY 1929, RELATIVE TO THE TREATMENT OF PRISONERS OF War
Model draft understanding concerning the directly repatriation or accommodation in a neutral country of prisoners of war for reasons of health
I. Guiding Principles for Direct Repatriation or Accommodation in a Neutral Land
A. ' Guiding Principles for Direct Repatriation'
The following shall be repatriated directly:
i. Sick and wounded whose recovery within one year is not likely according to medical prognosis, whose status requires treatment, and whose intellectual or bodily powers appear to have undergone a considerable diminution.
2. Incurable sick and wounded whose intellectual or bodily powers announced to have undergone a considerable diminution.
3. Ambulatory ill and wounded, whose intellectual or actual powers appear to accept undergone a considerable diminution.
B. ' Guiding Principles for Adaptation in a Neutral Country. '
The post-obit shall be accommodated in a neutral land:
1. Sick and wounded whose recovery is presumable within the menstruum of one year, which it appears that such recovery would be more sure and more rapid if the sick and wounded were given the benefit of the resource offered by the neutral country than if their captivity, properly so called, were prolonged.
2. Prisoners of war whose intellectual or physical health appears, according to medical stance, to be seriously threatened by continuance in captivity, while accommodation in a neutral country would probably diminish that adventure.
C. ' Guiding Principles for the Repatriation of Prisoners in a Neutral Land. '
Prisoners of war who have been accommodated in a neutral country, and belong to the following categories, shall exist repatriated:
ane. Those whose state of wellness appears to be, or likely to become such that they would autumn into the categories of those to be repatriated for reasons of health.
2. Those who are ambulatory, whose intellectual or physical powers appear to have undergone a considerable diminution.
II. Special Principles for Direct Repatriation or Accommodation in a Neutral Country
A. ' Special Principles for Repatriation '
The following shall be repatriated:
1. All prisoners of war suffering the following effective or functional disabilities as the result of organic injuries: loss of a limb, paralysis, articular or other disabilities, when the defect is at to the lowest degree the loss of a foot or a hand, or the equivalent of the loss of a foot or a manus. 2. All wounded or injured prisoners of war whose condition is such as to render them invalids whose cure inside a year cannot be medically foreseen. 3. All sick prisoners whose condition is such as to render them invalids whose cure within a year cannot be medically foreseen.
The following in particular belong to this category:
(a) Progressive tuberculosis of any organ which, co-ordinate to medical prognosis, cannot be cured or at to the lowest degree considerably improved by handling in a neutral country;
(b) Not-tubercular affections of the respiratory organs which are presumed to be incurable (in particular, strongly adult pulmonary emphysema, with or without bronchitis, bronchiectasis, serious asthma, gas poisoning, etc.):
(c) Grave chronic affections of the circulatory organs (for example: valvular affections with a trend to compensatory troubles, relatively gave affections of the myocardium, pericardium or the vessels, in particular, aneurism of the larger vessels which cannot be operated on, etc.);
(d) Grave chronic affections of the digestive organs;
(due east) Grave chronic angel of the urinary and sexual organs, in particular, for case: whatever example of chronic nephritis, confirmed by symptoms, and especially when cardiac and vascular deterioration already exists; the aforementioned applies to chronic pyelitis and cystitis, etc.;
(f) Grave chronic maladies of the central and peripheral nervous organization; in particular grave neurasthenia and hysteria, any indisputable case of epilepsy, grave Basedow's disease, etc.;
(thou) Incomprehension of both eyes, or of one eye when the vision of the other is less than i in spite of the use of corrective glasses. Diminution of visual acuteness in cases where it is impossible to restore it by correction to an acuteness of 1/ii in at least one eye. The other ocular affections falling within the nowadays category (glaucoma, iritis, choroiditis, etc.);
(h) Total bilateral deafness, and total unilateral deafness in cases where the ear which is not completely deaf cannot hear ordinary speaking voice at a distance of one metre;
(i) Any indisputable example of mental affection; (k) Grave cases of chronic poisoning by metals or other causes (atomic number 82 poisoning, mercury poisoning, morphinism, cocainism, alcoholism, gas poisoning, etc.);
(l) Chronic affections of the locomotive organs (arthritis deformans, gout, or rheumatism with damage, which can exist ascertained clinically), provided that they are serious; (yard) Malignant growths, if they are not amenable to relatively balmy operations without danger to the life of the person operated upon; (n) All cases of malaria with observable organic deterioration (serious chronic enlargement of the liver or spleen, cachexy, etc.); (o) Grave chronic cutaneous affections, when their nature does not constitute a medical reason for treatment in a neutral country; (p) Serious avitaminosis (beri-beri, pellagra, chronic scurvy).
B. ' Special Principles for Accommodation in a Neutral Country. '
Prisoners of war shall be accommodated in a neutral country if they suffer from the following affections:
i. All forms of tuberculosis of any organ, if, co-ordinate to present medical cognition, they tin be cured or their condition considerably improved by methods applicative in a neutral country (altitude, treatment in sanatoria, etc.). ii. All forms necessitating treatment of affections of the respiratory, circulatory, digestive, genito-urinary, or nervous organs, of the organs of the senses, or of the locomotive or cutaneous functions, provided that such forms of affection do not vest to the categories necessitating direct repatriation, or that they are not astute maladies (properly so called) susceptible of consummate cure. The angel referred to in this paragraph are such as admit, by the application of methods of treatment bachelor in the neutral country, of actually amend chances of the patient's recovery than if he were treated in captivity. Special consideration should be given to nervous troubles, the effective or determining causes of which are the furnishings of the war or of captivity, such every bit psychasthenia of prisoners of state of war or other coordinating cases.
All duly established cases of this nature must be treated in neutral countries when their gravity or their constitutional grapheme does not render them cases for directly repatriation.
Cases of psychasthenia of prisoners of state of war who are not cured subsequently three months' sojourn in a neutral country, or which after that period are not manifestly on the way to complete recovery, shall be repatriated.
3. All cases of wounds or injuries or their consequences which offer better prospects of cure in a neutral country than in captivity, provided that such cases are neither such as justify directly repatriation, nor insignificant cases. 4. All duly established cases of malaria which do not testify organic deterioration clinically
ascertainable (chronic enlargement of the liver or spleen, cachexy, etc.), if sojourn in a neutral country offers especially favourable prospects of concluding cure.
v. All cases of poisoning (in particular by gas, metals, or alkaloids) for which the prospects of cure in a neutral land are especially favourable.
The following are excluded from accommodation in a neutral country:
1. All cases of duly established mental angel. two. All organic or functional nervous affections which are reputed to be incurable. (These two categories belong to those which entitle direct
repatriation).
3. Grave chronic alcoholism.
4. All contagious affections during the menstruation when they are transmissible (acute infectious diseases, main and secondary (syphilis, trachoma, leprosy, etc.).
Iii. General Observations
The weather stated above must, in a full general style, exist interpreted and applied in as wide a spirit as possible. This latitude of estimation must especially be practical in neuropathic or psychopathic cases caused or aggravated by the effects of state of war or captivity
(psychasthenia of prisoners of state of war), and in cases of tuberculosis in all degrees.
Information technology is obvious that camp doctors and mixed medical commissions may find themselves faced with many cases non mentioned amongst the examples given under Section II above, or with cases that cannot be alloyed to these examples. The above-mentioned examples are only given as typical examples; a similar list of surgical disabilities has not been fatigued up because, autonomously from cases which are indisputable on business relationship of their very nature
(amputations), it is difficult to draw up a list of specified types; experience has shown that a list of such specified cases was not without inconvenience in practice. Cases not conforming exactly with the examples quoted shall be determined in the spirit of the guiding principles given above.
Source: http://hrlibrary.umn.edu/instree/1929c.htm
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