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GENEVA CONVENTION RELATIVE TO THE

TREATMENT OF PRISONERS OF WAR OF AUGUST


12, 1949 (GENEVA CONVENTION III)

Entry into Force: 21 October 1950

The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference


held at Geneva from April 21 to August 12, 1949, for the purpose of revising the Convention
concluded at Geneva on July 27, 1929 relative to the Treatment of Prisoners of War, have agreed as
follows:

Article 3
In the case of armed conflict not of an
PART I international character occurring in the
territory of one of the High Contracting
GENERAL PROVISIONS Parties, each Party to the conflict shall be
bound to apply, as a minimum, the
following provisions:
Article 1 (1) Persons taking no active part in the
The High Contracting Parties undertake to hostilities, including members of armed
respect and to ensure respect for the present forces who have laid down their arms and
Convention in all circumstances. those placed hors de combat by sickness,
wounds, detention, or any other cause, shall
in all circumstances be treated humanely,
Article 2 without any adverse distinction founded on
race, colour, religion or faith, sex, birth or
In addition to the provisions which shall be wealth, or any other similar criteria.
implemented in peace time, the present
Convention shall apply to all cases of To this end the following acts are and
declared war or of any other armed conflict shall remain prohibited at any time and in
which may arise between two or more of the any place whatsoever with respect to the
High Contracting Parties, even if the state of above-mentioned persons:
war is not recognized by one of them. (a) violence to life and person, in
The Convention shall also apply to all cases particular murder of all kinds, mutilation,
of partial or total occupation of the territory cruel treatment and torture;
of a High Contracting Party, even if the said (b) taking of hostages;
occupation meets with no armed resistance. (c) outrages upon personal
Although one of the Powers in conflict may dignity, in particular, humiliating and
not be a party to the present Convention, the degrading treatment;
Powers who are parties thereto shall remain (d) he passing of sentences and
bound by it in their mutual relations. They the carrying out of executions without
shall furthermore be bound by the previous judgment pronounced by a
Convention in relation to the said Power, if regularly constituted court affording all the
the latter accepts and applies the provisions judicial guarantees which are recognized as
thereof. indispensable by civilized peoples.
(2) The wounded and sick shall be
collected and cared for.
An impartial humanitarian body, such as the provide them for that purpose with an
International Committee of the Red Cross, identity card similar to the annexed model.
may offer its services to the Parties to the (5) Members of crews, including
conflict. masters, pilots and apprentices, of the
The Parties to the conflict should further merchant marine and the crews of civil
endeavour to bring into force, by means of aircraft of the Parties to the conflict, who do
special agreements, all or part of the other not benefit by more favourable treatment
provisions of the present Convention. under any other provisions of international
The application of the preceding provisions law.
shall not affect the legal status of the Parties (6) Inhabitants of a non-occupied
to the conflict. territory, who on the approach of the enemy
spontaneously take up arms to resist the
invading forces, without having had time to
Article 4 form themselves into regular armed units,
A. Prisoners of war, in the sense of the provided they carry arms openly and respect
present Convention, are persons belonging the laws and customs of war.
to one of the following categories, who have B. The following shall likewise be treated
fallen into the power of the enemy: as prisoners of war under the present
(1) Members of the armed forces of a Convention:
Party to the conflict, as well as members of (1) Persons belonging, or having
militias or volunteer corps forming part of belonged, to the armed forces of the
such armed forces. occupied country, if the occupying Power
(2) Members of other militias and considers it necessary by reason of such
members of other volunteer corps, including allegiance to intern them, even though it has
those of organized resistance movements, originally liberated them while hostilities
belonging to a Party to the conflict and were going on outside the territory it
operating in or outside their own territory, occupies, in particular where such persons
even if this territory is occupied, provided have made an unsuccessful attempt to rejoin
that such militias or volunteer corps, the armed forces to which they belong and
including such organized resistance which are engaged in combat, or where they
movements, fulfil the following conditions: fail to comply with a summons made to
them with a view to internment.
(a) that of being commanded by a
person responsible for his subordinates; (2) The persons belonging to one of
the categories enumerated in the present
(b) that of having a fixed Article, who have been received by neutral
distinctive sign recognizable at a distance; or non-belligerent Powers on their territory
(c) that of carrying arms openly; and whom these Powers are required to
(d) that of conducting their intern under international law, without
operations in accordance with the laws and prejudice to any more favourable treatment
customs of war. which these Powers may choose to give and
with the exception of Articles 8, 10, 15, 30,
(3) Members of regular armed forces fifth paragraph, 58-67, 92, 126 and, where
who profess allegiance to a government or diplomatic relations exist between the
an authority not recognized by the Detaining Parties to the conflict and the neutral or non-
Power. belligerent Power concerned, those Articles
(4) Persons who accompany the armed concerning the Protecting Power. Where
forces without actually being members such diplomatic relations exist, the Parties
thereof, such as civilian members of to a conflict on whom these persons depend
military aircraft crews, war correspondents, shall be allowed to perform towards them
supply contractors, members of labour units the functions of a Protecting Power as
or of services responsible for the welfare of provided in the present Convention, without
the armed forces, provided that they have prejudice to the functions which these
received authorization, from the armed Parties normally exercise in conformity with
forces which they accompany, who shall diplomatic and consular usage and treaties.
C. This Article shall in no way affect the circumstances, responsibility for the
status of medical personnel and chaplains as application of the Convention rests on the
provided for in Article 33 of the present Power accepting them while they are in its
Convention. custody.
Nevertheless, if that Power fails to carry out
Article 5 the provisions of the Convention in any
important respect, the Power by whom the
The present Convention shall apply to the prisoners of war were transferred shall,
persons referred to in Article 4 from the upon being notified by the Protecting
time they fall into the power of the enemy Power, take effective measures to correct
and until their final release and repatriation. the situation or shall request the return of
Should any doubt arise as to whether the prisoners of war. Such requests must be
persons, having committed a belligerent act complied with.
and having fallen into the hands of the
enemy, belong to any of the categories Article 13
enumerated in Article 4, such persons shall
enjoy the protection of the present Prisoners of war must at all times be
Convention until such time as their status humanely treated. Any unlawful act or
has been determined by a competent omission by the Detaining Power causing
tribunal. 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
Article 7 particular, no prisoner of war may be
subjected to physical mutilation or to
Prisoners of war may in no circumstances medical or scientific experiments of any
renounce in part or in entirety the rights kind which are not justified by the medical,
secured to them by the present Convention, dental or hospital treatment of the prisoner
and by the special agreements referred to in concerned and carried out in his interest.
the foregoing Article, if such there be.
Likewise, prisoners of war must at all times
*** be protected, particularly against acts of
violence or intimidation and against insults
and public curiosity.
PART II Measures of reprisal against prisoners of
war are prohibited.
GENERAL PROTECTION
OF PRISONERS OF WAR Article 14
Prisoners of war are entitled in all
Article 12 circumstances to respect for their persons
and their honour.
Prisoners of war are in the hands of the Women shall be treated with all the regard
enemy Power, but not of the individuals or due to their sex and shall in all cases benefit
military units who have captured them. by treatment as favourable as that granted to
Irrespective of the individual responsibilities men.
that may exist, the Detaining Power is
responsible for the treatment given them. Prisoners of war shall retain the full civil
capacity which they enjoyed at the time of
Prisoners of war may only be transferred by their capture. The Detaining Power may not
the Detaining Power to a Power which is a restrict the exercise, either within or without
party to the Convention and after the its own territory, of the rights such capacity
Detaining Power has satisfied itself of the confers except in so far as the captivity
willingness and ability of such transferee requires.
Power to apply the Convention. When
prisoners of war are transferred under such
Article 15 wish to add concerning persons belonging to
its armed forces. As far as possible the card
The Power detaining prisoners of war shall shall measure 6.5 x 10 cm. and shall be
be bound to provide free of charge for their issued in duplicate. The identity card shall
maintenance and for the medical attention be shown by the prisoner of war upon
required by their state of health. demand, but may in no case be taken away
from him.
Article 16 No physical or mental torture, nor any other
form of coercion, may be inflicted on
Taking into consideration the provisions of prisoners of war to secure from them
the present Convention relating to rank and information of any kind whatever. Prisoners
sex, and subject to any privileged treatment of war who refuse to answer may not be
which may be accorded to them by reason threatened, insulted, or exposed to
of their state of health, age or professional unpleasant or disadvantageous treatment of
qualifications, all prisoners of war shall be any kind.
treated alike by the Detaining Power, Prisoners of war who, owing to their
without any adverse distinction based on physical or mental condition, are unable to
race, nationality, religious belief or political state their identity, shall be handed over to
opinions, or any other distinction founded the medical service. The identity of such
on similar criteria. prisoners shall be established by all possible
means, subject to the provisions of the
preceding paragraph.
PART III The questioning of prisoners of war shall be
carried out in a language which they
CAPTIVITY understand.

Article 18
SECTION I
All effects and articles of personal use,
BEGINNING OF CAPTIVITY except arms, horses, military equipment and
military documents, shall remain in the
possession of prisoners of war, likewise
Article 17 their metal helmets and gas masks and like
articles issued for personal protection.
Every prisoner of war, when questioned on Effects and articles used for their clothing or
the subject, is bound to give only his feeding shall likewise remain in their
surname, first names and rank, date of birth, possession, even if such effects and articles
and army, regimental, personal or serial belong to their regulation military
number, or failing this, equivalent equipment.
information. At no time should prisoners of war be
If he wilfully infringes this rule, he may without identity documents. The Detaining
render himself liable to a restriction of the Power shall supply such documents to
privileges accorded to his rank or status. prisoners of war who possess none.
Each Party to a conflict is required to Badges of rank and nationality, decorations
furnish the persons under its jurisdiction and articles having above all a personal or
who are liable to become prisoners of war, sentimental value may not be taken from
with an identity card showing the owners prisoners of war.
surname, first names, rank, army, Sums of money carried by prisoners of war
regimental, personal or serial number or may not be taken away from them except by
equivalent information, and date of birth. order of an officer, and after the amount and
The identity card may, furthermore, bear the particulars of the owner have been recorded
signature or the fingerprints, or both, of the in a special register and an itemized receipt
owner, and may bear, as well, any other has been given, legibly inscribed with the
information the Party to the conflict may
name, rank and unit of the person issuing If prisoners of war must, during evacuation,
the said receipt. Sums in the currency of the pass through transit camps, their stay in
Detaining Power, or which are changed into such camps shall be as brief as possible.
such currency at the prisoners request, shall
be placed to the credit of the prisoners
account as provided in Article 64. SECTION II
The Detaining Power may withdraw articles
of value from prisoners of war only for
INTERNMENT OF PRISONERS
reasons of security; when such articles are OF WAR
withdrawn, the procedure laid down for
sums of money impounded shall apply.
Such objects, likewise sums taken away in CHAPTER I
any currency other than that of the
Detaining Power and the conversion of GENERAL OBSERVATIONS
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 Article 21
shape to prisoners of war at the end of their
captivity. The Detaining Power may subject prisoners
of war to internment. It may impose on
them the obligation of not leaving, beyond
Article 19 certain limits, the camp where they are
Prisoners of war shall be evacuated, as soon interned, or if the said camp is fenced in, of
as possible after their capture, to camps not going outside its perimeter. Subject to
situated in an area far enough from the the provisions of the present Convention
combat zone for them to be out of danger. relative to penal and disciplinary sanctions,
prisoners of war may not be held in close
Only those prisoners of war who, owing to confinement except where necessary to
wounds or sickness, would run greater risks safeguard their health and then only during
by being evacuated than by remaining the continuation of the circumstances which
where they are, may be temporarily kept make such confinement necessary.
back in a danger zone.
Prisoners of war may be partially or wholly
Prisoners of war shall not be unnecessarily released on parole or promise, in so far as is
exposed to danger while awaiting allowed by the laws of the Power on which
evacuation from a fighting zone. they depend. Such measures shall be taken
particularly in cases where this may
Article 20 contribute to the improvement of their state
of health. No prisoner of war shall be
The evacuation of prisoners of war shall compelled to accept liberty on parole or
always be effected humanely and in promise.
conditions similar to those for the forces of Upon the outbreak of hostilities, each Party
the Detaining Power in their changes of to the conflict shall notify the adverse Party
station. of the laws and regulations allowing or
The Detaining Power shall supply prisoners forbidding its own nationals to accept
of war who are being evacuated with liberty on parole or promise. Prisoners of
sufficient food and potable water, and with war who are paroled or who have given
the necessary clothing and medical their promise in conformity with the laws
attention. The Detaining Power shall take all and regulations so notified, are bound on
suitable precautions to ensure their safety their personal honour scrupulously to fulfil,
during evacuation, and shall establish as both towards the Power on which they
soon as possible a list of the prisoners of depend and towards the Power which has
war who are evacuated. 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 placed so as to be clearly visible from the
any service incompatible with the parole or air. The Powers concerned may, however,
promise given. agree upon any other system of marking.
Only prisoner of war camps shall be marked
as such.
Article 22
Prisoners of war may be interned only in Article 24
premises located on land and affording
every guarantee of hygiene and Transit or screening camps of a permanent
healthfulness. Except in particular cases kind shall be fitted out under conditions
which are justified by the interest of the similar to those described in the present
prisoners themselves, they shall not be Section, and the prisoners therein shall have
interned in penitentiaries. the same treatment as in other camps.
Prisoners of war interned in unhealthy areas,
or where the climate is injurious for them,
shall be removed as soon as possible to a CHAPTER II
more favourable climate.
The Detaining Power shall assemble QUARTERS, FOOD AND
prisoners of war in camps or camp CLOTHING OF PRISONERS
compounds according to their nationality, OF WAR
language and customs, provided that such
prisoners shall not be separated from
prisoners of war belonging to the armed Article 25
forces with which they were serving at the
time of their capture, except with their Prisoners of war shall be quartered under
consent. conditions as favourable as those for the
forces of the Detaining Power who are
billeted in the same area. The said
Article 23
conditions shall make allowance for the
No prisoner of war may at any time be sent habits and customs of the prisoners and
to, or detained in areas where he may be shall in no case be prejudicial to their
exposed to the fire of the combat zone, nor health.
may his presence be used to render certain The foregoing provisions shall apply in
points or areas immune from military particular to the dormitories of prisoners of
operations. war as regards both total surface and
Prisoners of war shall have shelters against minimum cubic space, and the general
air bombardment and other hazards of war, installations, bedding and blankets.
to the same extent as the local civilian The premises provided for the use of
population. With the exception of those prisoners of war individually or collectively,
engaged in the protection of their quarters shall be entirely protected from dampness
against the aforesaid hazards, they may and adequately heated and lighted, in
enter such shelters as soon as possible after particular between dusk and lights out. All
the giving of the alarm. Any other protective precautions must be taken against the
measure taken in favour of the population danger of fire.
shall also apply to them. In any camps in which women prisoners of
Detaining Powers shall give the Powers war, as well as men, are accommodated,
concerned, through the intermediary of the separate dormitories shall be provided for
Protecting Powers, all useful information them.
regarding the geographical location of
prisoner of war camps.
Article 26
Whenever military considerations permit,
prisoner of war camps shall be indicated in The basic daily food rations shall be
the day-time by the letters PW or PG, sufficient in quantity, quality and variety to
keep prisoners of war in good health and to have the right to collaborate in the
prevent loss of weight or the development management of the canteen and of this fund.
of nutritional deficiencies. Account shall When a camp is closed down, the credit
also be taken of the habitual diet of the balance of the special fund shall be handed
prisoners. to an international welfare organization, to
The Detaining Power shall supply prisoners be employed for the benefit of prisoners of
of war who work with such additional war of the same nationality as those who
rations as are necessary for the labour on have contributed to the fund. In case of a
which they are employed. general repatriation, such profits shall be
Sufficient drinking water shall be supplied kept by the Detaining Power, subject to any
to prisoners of war. The use of tobacco shall agreement to the contrary between the
be permitted. Powers concerned.
Prisoners of war shall, as far as possible, be
associated with the preparation of their
meals; they may be employed for that
CHAPTER III
purpose in the kitchens. Furthermore, they
shall be given the means of preparing, HYGIENE AND MEDICAL
themselves, the additional food in their ATTENTION
possession.
Adequate premises shall be provided for
messing. Article 29
Collective disciplinary measures affecting The Detaining Power shall be bound to take
food are prohibited. all sanitary measures necessary to ensure the
cleanliness and healthfulness of camps and
to prevent epidemics.
Article 27
Prisoners of war shall have for their use, day
Clothing, underwear and footwear shall be and night, conveniences which conform to
supplied to prisoners of war in sufficient the rules of hygiene and are maintained in a
quantities by the Detaining Power, which constant state of cleanliness. In any camps
shall make allowance for the climate of the in which women prisoners of war are
region where the prisoners are detained. accommodated, separate conveniences shall
Uniforms of enemy armed forces captured be provided for them.
by the Detaining Power should, if suitable Also, apart from the baths and showers with
for the climate, be made available to clothe
which the camps shall be furnished
prisoners of war.
prisoners of war shall be provided with
The regular replacement and repair of the sufficient water and soap for their personal
above articles shall be assured by the toilet and for washing their personal
Detaining Power. In addition, prisoners of laundry; the necessary installations,
war who work shall receive appropriate facilities and time shall be granted them for
clothing, wherever the nature of the work that purpose.
demands.
Article 30
Article 28
Every camp shall have an adequate
Canteens shall be installed in all camps, infirmary where prisoners of war may have
where prisoners of war may procure the attention they require, as well as
foodstuffs, soap and tobacco and ordinary appropriate diet. Isolation wards shall, if
articles in daily use. The tariff shall never necessary, be set aside for cases of
be in excess of local market prices. contagious or mental disease.
The profits made by camp canteens shall be Prisoners of war suffering from serious
used for the benefit of the prisoners; a disease, or whose condition necessitates
special fund shall be created for this special treatment, a surgical operation or
purpose. The prisoners representative shall hospital care, must be admitted to any
military or civilian medical unit where such they shall continue to be prisoners of war,
treatment can be given, even if their but shall receive the same treatment as
repatriation is contemplated in the near corresponding medical personnel retained
future. Special facilities shall be afforded for by the Detaining Power. They shall be
the care to be given to the disabled, in exempted from any other work under
particular to the blind, and for their. Article 49.
rehabilitation, pending repatriation. ***
Prisoners of war shall have the attention,
preferably, of medical personnel of the
Power on which they depend and, if CHAPTER V
possible, of their nationality.
Prisoners of war may not be prevented from RELIGIOUS, INTELLECTUAL
presenting themselves to the medical AND PHYSICAL ACTIVITIES
authorities for examination. The detaining
authorities shall, upon request, issue to
every prisoner who has undergone Article 34
treatment, an official certificate indicating
the nature of his illness or injury, and the Prisoners of war shall enjoy complete
duration and kind of treatment received. A latitude in the exercise of their religious
duplicate of this certificate shall be duties, including attendance at the service of
forwarded to the Central Prisoners of War their faith, on condition that they comply
Agency. with the disciplinary routine prescribed by
The costs of treatment, including those of the military authorities.
any apparatus necessary for the maintenance Adequate premises shall be provided where
of prisoners of war in good health, religious services may be held.
particularly dentures and other artificial
***
appliances, and spectacles, shall be borne by
the Detaining Power.
Article 38
Article 31 While respecting the individual preferences
of every prisoner, the Detaining Power shall
Medical inspections of prisoners of war
encourage the practice of intellectual,
shall be held at least once a month. They
educational, and recreational pursuits, sports
shall include the checking and the recording
and games amongst prisoners, and shall take
of the weight of each prisoner of war.
the measures necessary to ensure the
Their purpose shall be, in particular, to exercise thereof by providing them with
supervise the general state of health, adequate premises and necessary equipment.
nutrition and cleanliness of prisoners and to
Prisoners shall have opportunities for taking
detect contagious diseases, especially
physical exercise, including sports and
tuberculosis, malaria and venereal disease.
games, and for being out of doors.
For this purpose the most efficient methods
Sufficient open spaces shall be provided for
available shall be employed, e.g. periodic
this purpose in all camps.
mass miniature radiography for the early
detection of tuberculosis.

CHAPTER VI
Article 32
Prisoners of war who, though not attached
DISCIPLINE
to the medical service of their armed forces,
are physicians, surgeons, dentists, nurses or
medical orderlies, may be required by the
Article 39
Detaining Power to exercise their medical Every prisoner of war camp shall be put
functions in the interests of prisoners of war under the immediate authority of a
dependent on the same Power. In that case
responsible commissioned officer belonging always be preceded by warnings appropriate
to the regular armed forces of the Detaining to the circumstances.
Power. Such officer shall have in his
possession a copy of the present
Convention; he shall ensure that its CHAPTER VII
provisions are known to the camp staff and
the guard and shall be responsible, under the RANK OF PRISONERS OF
direction of his government, for its
application. WAR
Prisoners of war, with the exception of
officers, must salute and show to all officers Article 43
of the Detaining Power the external marks
of respect provided for by the regulations Upon the outbreak of hostilities, the Parties
applying in their own forces. to the conflict shall communicate to one
Officer prisoners of war are bound to salute another the titles and ranks of all the persons
only officers of a higher rank of the mentioned in Article 4 of the present
Detaining Power; they must, however, Convention, in order to ensure equality of
salute the camp commander regardless of treatment between prisoners of equivalent
his rank. rank. Titles and ranks which are
subsequently created shall form the subject
of similar communications.
Article 40
The Detaining Power shall recognize
The wearing of badges of rank and promotions in rank which have been
nationality, as well as of decorations, shall accorded to prisoners of war and which have
be permitted. been duly notified by the Power on which
these prisoners depend.

Article 41
Article 44
In every camp the text of the present
Convention and its Annexes and the Officers and prisoners of equivalent status
contents of any special agreement provided shall be treated with the regard due to their
for in Article 6, shall be posted, in the rank and age.
prisoners own language, in places where all In order to ensure service in officers camps,
may read them. Copies shall be supplied, on other ranks of the same armed forces who,
request, to the prisoners who cannot have as far as possible, speak the same language,
access to the copy which has been posted. shall be assigned in sufficient numbers,
Regulations, orders, notices and account being taken of the rank of officers
publications of every kind relating to the and prisoners of equivalent status. Such
conduct of prisoners of war shall be issued orderlies shall not be required to perform
to them in a language which they any other work.
understand. Such regulations, orders and Supervision of the mess by the officers
publications shall be posted in the manner themselves shall be facilitated in every way.
described above and copies shall be handed
to the prisoners representative. Every order
and command addressed to prisoners of war Article 45
individually must likewise be given in a
Prisoners of war other than officers and
language which they understand.
prisoners of equivalent status shall be
treated with the regard due to their rank and
Article 42 age.
Supervision of the mess by the prisoners
The use of weapons against prisoners of
themselves shall be facilitated in every way.
war, especially against those who are
escaping or attempting to escape, shall ***
constitute an extreme measure, which shall
SECTION III Article 51
LABOUR OF PRISONERS OF Prisoners of war must be granted suitable
working conditions, especially as regards
WAR
accommodation, food, clothing and
equipment; such conditions shall not be
inferior to those enjoyed by nationals of the
Article 49 Detaining Power employed in similar work;
The Detaining Power may utilize the labour account shall also be taken of climatic
of prisoners of war who are physically fit, conditions.
taking into account their age, sex, rank and The Detaining Power, in utilizing the labour
physical aptitude, and with a view of prisoners of war, shall ensure that in
particularly to maintaining them in a good areas in which such prisoners are employed,
state of physical and mental health. the national legislation concerning the
Non-commissioned officers who are protection of labour, and, more particularly,
prisoners of war shall only be required to do the regulations for the safety of workers, are
supervisory work. Those not so required duly applied.
may ask for other suitable work which shall, Prisoners of war shall receive training and
so far as possible, be found for them. be provided with the means of protection
If officers or persons of equivalent status suitable to the work they will have to do and
ask for suitable work, it shall be found for similar to those accorded to the nationals of
them, so far as possible, but they may in no the Detaining Power. Subject to the
circumstances be compelled to work. provisions of Article 52, prisoners may be
submitted to the normal risks run by these
civilian workers.
Article 50 Conditions of labour shall in no case be
Besides work connected with camp rendered more arduous by disciplinary
administration, installation or maintenance, measures.
prisoners of war may be compelled to do
only such work as is included in the Article 52
following classes:
(a) agriculture; Unless he be a volunteer, no prisoner of war
may be employed on labour which is of an
(b) industries connected with the unhealthy or dangerous nature.
production or the extraction of raw
materials, and manufacturing industries, No prisoner of war shall be assigned to
with the exception of metallurgical, labour which would be looked upon as
machinery and chemical industries; public humiliating for a member of the Detaining
works and building operations which have Powers own forces.
no military character or purpose; The removal of mines or similar devices
(c) transport and handling of stores shall be considered as dangerous labour.
which are not military in character or
purpose; Article 53
(d) commercial business, and arts and
crafts; The duration of the daily labour of prisoners
of war, including the time of the journey to
(e) domestic service; and from, shall not be excessive, and must
(f) public utility services having no in no case exceed that permitted for civilian
military character or purpose. workers in the district, who are nationals of
Should the above provisions be infringed, the Detaining Power and employed on the
prisoners of war shall be allowed to exercise same work.
their right of complaint, in conformity with Prisoners of war must be allowed, in the
Article 78. middle of the days work, a rest of not less
than one hour. This rest will be the same as
that to which workers of the Detaining Every labour detachment shall remain under
Power are entitled, if the latter is of longer the control of and administratively part of a
duration. They shall be allowed in addition a prisoner of war camp. The military
rest of twenty-four consecutive hours every authorities and the commander of the said
week, preferably on Sunday or the day of camp shall be responsible, under the
rest in their country of origin. Furthermore, direction of their government, for the
every prisoner who has worked for one year observance of the provisions of the present
shall be granted a rest of eight consecutive Convention in labour detachments.
days, during which his working pay shall be The camp commander shall keep an up-to-
paid him. date record of the labour detachments
If methods of labour such as piece work are dependent on his camp, and shall
employed, the length of the working period communicate it to the delegates of the
shall not be rendered excessive thereby. Protecting Power, of the International
Committee of the Red Cross, or of other
agencies giving relief to prisoners of war,
Article 54 who may visit the camp.
The working pay due to prisoners of war
shall be fixed in accordance with the Article 57
provisions of Article 62 of the present
Convention. The treatment of prisoners of war who work
Prisoners of war who sustain accidents in for private persons, even if the latter are
connection with work, or who contract a responsible for guarding and protecting
disease in the course, or in consequence of them, shall not be inferior to that which is
their work, shall receive all the care their provided for by the present Convention. The
condition may require. The Detaining Power Detaining Power, the military authorities
shall furthermore deliver to such prisoners and the commander of the camp to which
of war a medical certificate enabling them to such prisoners belong shall be entirely
submit their claims to the Power on which responsible for the maintenance, care,
they depend, and shall send a duplicate to treatment, and payment of the working pay
the Central Prisoners of War Agency of such prisoners of war.
provided for in Article 123. Such prisoners of war shall have the right to
remain in communication with the
prisoners representatives in the camps on
Article 55 which they depend.
The fitness of prisoners of war for work
shall be periodically verified by medical
examinations at least once a month. The
SECTION IV
examinations shall have particular regard to
the nature of the work which prisoners of
FINANCIAL RESOURCES OF
war are required to do. PRISONERS OF WAR
If any prisoner of war considers himself
incapable of working, he shall be permitted Article 58
to appear before the medical authorities of
his camp. Physicians or surgeons may Upon the outbreak of hostilities, and
recommend that the prisoners who are, in pending an arrangement on this matter with
their opinion, unfit for work, be exempted the Protecting Power, the Detaining Power
therefrom. may determine the maximum amount of
money in cash or in any similar form, that
Article 56 prisoners may have in their possession. Any
amount in excess, which was properly in
The organization and administration of their possession and which has been taken
labour detachments shall be similar to those or withheld from them, shall be placed to
of prisoner of war camps. their account, together with any monies
deposited by them, and shall not be
converted into any other currency without Furthermore, if the amounts indicated in the
their consent. first paragraph above would be unduly high
If prisoners of war are permitted to purchase compared with the pay of the Detaining
services or commodities outside the camp Powers armed forces or would, for any
against payment in cash, such payments reason, seriously embarrass the Detaining
shall b~ made by the prisoner himself or by Power, then, pending the conclusion of a
the camp administration who will charge special agreement with the Power on which
them to the accounts of the prisoners the prisoners depend to vary the amounts
concerned. The Detaining Power will indicated above, the Detaining Power:
establish the necessary rules in this respect. (a) shall continue to credit the
accounts of the prisoners with the amounts
indicated in the first paragraph above;
Article 59
(b) may temporarily limit the amount
Cash which was taken from prisoners of made available from these advances of pay
war, in accordance with Article 18, at the to prisoners of war for their own use, to
time of their capture, and which is in the sums which are reasonable, but which, for
currency of the Detaining Power, shall be Category I, shall never be inferior to the
placed to their separate accounts, in amount that the Detaining Power gives to
accordance with the provisions of Article 64 the members of its own armed forces.
of the present Section. The reasons for any limitations will be
The amounts, in the currency of the given without delay to the Protecting Power.
Detaining Power, due to the conversion of
sums in other currencies that are taken from
the prisoners of war at the same time, shall
Article 61
also be credited to their separate accounts. The Detaining Power shall accept for
distribution as supplementary pay to
Article 60 prisoners of war sums which the Power on
which the prisoners depend may forward to
The Detaining Power shall grant all them, on condition that the sums to be paid
prisoners of war a monthly advance of pay, shall be the same for each prisoner of the
the amount of which shall be fixed by same category, shall be payable to all
conversion, into the currency of the said prisoners of that category depending on that
Power, of the following amounts: Power, and shall be placed in their separate
Category I : Prisoners ranking below accounts, at the earliest opportunity, in
sergeants: eight Swiss francs. accordance with the provisions of Article
64. Such supplementary pay shall not
Category II : Sergeants and other non- relieve the Detaining Power of any
commissioned officers, or prisoners of obligation under this Convention.
equivalent rank: twelve Swiss francs.
Category III: Warrant officers and
commissioned officers below the rank of
Article 62
major or prisoners of equivalent rank: fifty Prisoners of war shall be paid a fair working
Swiss francs. rate of pay by the detaining authorities
Category IV : Majors, lieutenant-colonels, direct. The rate shall be fixed by the said
colonels or prisoners of equivalent rank: authorities, but shall at no time be less than
sixty Swiss francs. one-fourth of one Swiss franc for a full
Category V : General officers or prisoners working day. The Detaining Power shall
of war of equivalent rank: seventy-five inform prisoners of war, as well as the
Swiss francs. Power on which they depend, through the
intermediary of the Protecting Power, of the
However, the Parties to the conflict rate of daily working pay that it has fixed.
concerned may by special agreement modify
the amount of advances of pay due to Working pay shall likewise be paid by the
prisoners of the preceding categories. detaining authorities to prisoners of war
permanently detailed to duties or to a skilled
or semi-skilled occupation in connection Article 64
with the administration, installation or
maintenance of camps, and to the prisoners The Detaining Power shall hold an account
who are required to carry out spiritual or for each prisoner of war, showing at least
medical duties on behalf of their comrades. the following:
The working pay of the prisoners (1) The amounts due to the prisoner or
representative, of his advisers, if any, and of received by him as advances of pay, as
his assistants, shall be paid out of the fund working pay or derived from any other
maintained by canteen profits. The scale of source; the sums in the currency of the
this working pay shall be fixed by the Detaining Power which were taken from
prisoners representative and approved by him; the sums taken from him and
the camp commander. If there is no such converted at his request into the currency of
fund, the detaining authorities shall pay the said Power.
these prisoners a fair working rate of pay. (2) The payments made to the prisoner
in cash, or in any other similar form; the
Article 63 payments made on his behalf and at his
request; the sums transferred under Article
Prisoners of war shall be permitted to 63, third paragraph.
receive remittances of money addressed to
them individually or collectively.
Article 65
Every prisoner of war shall have at his
disposal the credit balance of his account as Every item entered in the account of a
provided for in the following Article, within prisoner of war shall be countersigned or
the limits fixed by the Detaining Power, initialled by him, or by the prisoners
which shall make such payments as are representative acting on his behalf.
requested. Subject to financial or monetary Prisoners of war shall at all times be
restrictions which the Detaining Power afforded reasonable facilities for consulting
regards as essential, prisoners of war may and obtaining copies of their accounts,
also have payments made abroad. In this which may likewise be inspected by the
case payments addressed by prisoners of representatives of the Protecting Powers at
war to dependents shall be given priority. the time of visits to the camp.
In any event, and subject to the consent of When prisoners of war are transferred from
the Power on which they depend, prisoners one camp to another, their personal accounts
may have payments made in their own will follow them. In case of transfer from
country, as follows: the Detaining Power one Detaining Power to another, the monies
shall send to the aforesaid Power through which are their property and are not in the
the Protecting Power, a notification giving currency of the Detaining Power will follow
all the necessary particulars concerning the them. They shall be given certificates for
prisoners of war, the beneficiaries of the any other monies standing to the credit of
payments, and the amount of the sums to be their accounts.
paid, expressed in the Detaining Powers
currency. The said notification shall be The Parties to the conflict concerned may
signed by the prisoners and countersigned agree to notify to each other at specific
by the camp commander. The Detaining intervals through the Protecting Power, the
Power shall debit the prisoners account by amount of the accounts of the prisoners of
a corresponding amount; the sums thus war.
debited shall be placed by it to the credit of
the Power on which the prisoners depend. Article 66
To apply the foregoing provisions, the
Detaining Power may usefully consult the On the termination of captivity, through the
Model Regulations in Annex V of the release of a prisoner of war or his
present Convention. 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 respect of loss alleged to be due to the fault
Power shall also send through the Protecting of the Detaining Power or any of its
Power to the government upon which the servants, shall likewise be referred to the
prisoner of war depends, lists giving all Power on which he depends. Nevertheless,
appropriate particulars of all prisoners of any such personal effects required for use by
war whose captivity has been terminated by the prisoners of war whilst in captivity shall
repatriation, release, escape, death or any be replaced at the expense of the Detaining
other means, and showing the amount of Power. The Detaining Power will, in all
their credit balances. Such lists shall be cases, provide the prisoner of war with a
certified on each sheet by an authorized statement, signed by a responsible officer,
representative of the Detaining Power. showing all available information regarding
Any of the above provisions of this Article the reasons why such effects, monies or
may be varied by mutual agreement valuables have not been restored to him. A
between any two Parties to the conflict. copy of this statement will be forwarded to
the Power on which he depends through the
The Power on which the prisoner of war Central Prisoners of War Agency provided
depends shall be responsible for settling for in Article 123.
with him any credit balance due to him from
the Detaining Power on the termination of
his captivity. SECTION V

Article 67 RELATIONS OF PRISONERS OF


WAR WITH THE EXTERIOR
Advances of pay, issued to prisoners of war
in conformity with Article 60, shall be
considered as made on behalf of the Power Article 69
on which they depend. Such advances of
pay, as well as all payments made by the Immediately upon prisoners of war falling
said Power under Article 63, third into its power, the Detaining Power shall
paragraph, and Article 68, shall form the inform them and the Powers on which they
subject of arrangements between the Powers depend, through the Protecting Power, of
concerned, at the close of hostilities. the measures taken to carry out the
provisions of the present Section. They shall
likewise inform the parties concerned of any
Article 68 subsequent modifications of such measures.
Any claim by a prisoner of war for
compensation in respect of any injury or Article 70
other disability arising out of work shall be
referred to the Power on which he depends, Immediately upon capture, or not more than
through the Protecting Power. In accordance one week after arrival at a camp, even if it is
with Article 54, the Detaining Power will, in a transit camp, likewise in case of sickness
all cases, provide the prisoner of war or transfer to hospital or to another camp,
concerned with a statement showing the every prisoner of war shall be enabled to
nature of the injury or disability, the write direct to his family, on the one hand,
circumstances in which it arose and and to the Central Prisoners of War Agency
particulars of medical or hospital treatment provided for in Article 123, on the other
given for it. This statement will be signed hand, a card similar, if possible, to the
by a responsible officer of the Detaining model annexed to the present Convention,
Power and the medical particulars certified informing his relatives of his capture,
by a medical officer. address and state of health. The said cards
shall be forwarded as rapidly as possible
Any claim by a prisoner of war for
and may not be delayed in any manner.
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
Article 71 in particular, foodstuffs, clothing, medical
supplies and articles of a religious,
Prisoners of war shall be allowed to send educational or recreational character which
and receive letters and cards. If the may meet their needs, including books,
Detaining Power deems it necessary to limit devotional articles, scientific equipment,
the number of letters and cards sent by each examination papers, musical instruments,
prisoner of war, the said number shall not be sports outfits and materials allowing
less than two letters and four cards monthly, prisoners of war to pursue their studies or
exclusive of the capture cards provided for their cultural activities.
in Article 70, and conforming as closely as Such shipments shall in no way free the
possible to the models annexed to the Detaining Power from the obligations
present Convention. Further limitations may imposed upon it by virtue of the present
be imposed only if the Protecting Power is Convention.
satisfied that it would be in the interests of
the prisoners of war concerned to do so The only limits which may be placed on
owing to difficulties of translation caused by these shipments shall be those proposed by
the Detaining Powers inability to find the Protecting Power in the interest of the
sufficient qualified linguists to carry out the prisoners themselves, or by the International
necessary censorship. If limitations must be Committee of the Red Cross or any other
placed on the correspondence addressed to organization giving assistance to the
prisoners of war, they may be ordered only prisoners, in respect of their own shipments
by the Power on which the prisoners only, on account of exceptional strain on
depend, possibly at the request of the transport or communications.
Detaining Power. Such letters and cards The conditions for the sending of individual
must be conveyed by the most rapid method parcels and collective relief shall, if
at the disposal of the Detaining Power; they necessary, be the subject of special
may not be delayed or retained for agreements between the Powers concerned,
disciplinary reasons. which may in no case delay the receipt by
Prisoners of war who have been without the prisoners of relief supplies. Books may
news for a long period, or who are unable to not be included in parcels of clothing and
receive news from their next of kin or to foodstuffs. Medical supplies shall, as a rule,
give them news by the ordinary postal route, be sent in collective parcels.
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 wars accounts with the Article 76
Detaining Power or paid in the currency at The censoring of correspondence addressed
their disposal. They shall likewise benefit
to prisoners of war or despatched by them
by this measure in cases of urgency. shall be done as quickly as possible. Mail
As a general rule, the correspondence of shall be censored only by the despatching
prisoners of war shall be written in their State and the receiving State, and once only
native language. The Parties to the conflict by each.
may allow correspondence in other
The examination of consignments intended
languages. for prisoners of war shall not be carried out
Sacks containing prisoner of war mail must under conditions that will expose the goods
be securely sealed and labelled so as clearly contained in them to deterioration; except in
to indicate their contents, and must be the case of written or printed matter, it shall
addressed to offices of destination. be done in the presence of the addressee, or
of a fellow-prisoner duly delegated by him.
The delivery to prisoners of individual or
Article 72 collective consignments shall not be delayed
Prisoners of war shall be allowed to receive under the pretext of difficulties of
by post or by any other means individual censorship.
parcels or collective shipments containing,
Any prohibition of correspondence ordered CHAPTER II
by Parties to the conflict, either for military
or political reasons, shall be only temporary
and its duration shall be as short as possible.
PRISONER OF WAR
REPRESENTATIVES
***

SECTION VI Article 79
In all places where there are prisoners of
RELATIONS BETWEEN war, except in those where there are
PRISONERS OF WAR AND THE officers, the prisoners shall freely elect by
AUTHORITIES secret ballot, every six months, and also in
case of vacancies, prisoners representatives
entrusted with representing them before the
military authorities, the Protecting Powers,
CHAPTER I the International Committee of the Red
Cross and any other organization which may
COMPLAINTS OF assist them. These prisoners representatives
PRISONERS OF WAR shall be eligible for re-election.
RESPECTING THE In camps for officers and persons of
CONDITIONS OF CAPTIVITY 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
Article 78
shall be assisted by one or more advisers
Prisoners of war shall have the right to make chosen by the officers; in mixed camps, his
known to the military authorities in whose assistants shall be chosen from among the
power they are, their requests regarding the prisoners of war who are not officers and
conditions of captivity to which they are shall be elected by them.
subjected. Officer prisoners of war of the same
They shall also have the unrestricted right to nationality shall be stationed in labour
apply to the representatives of the Protecting camps for prisoners of war, for the purpose
Powers either through their prisoners of carrying out the camp administration
representative or, if they consider it duties for which the prisoners of war are
necessary, direct, in order to draw their responsible. These officers may be elected
attention to any points on which they may as prisoners representatives under the first
have complaints to make regarding their paragraph of this Article. In such a case the
conditions of captivity. assistants to the prisoners representatives
shall be chosen from among those prisoners
These requests and complaints shall not be of war who are not officers.
limited nor considered to be a part of the
correspondence quota referred to in Article Every representative elected must be
71. They must be transmitted immediately. approved by the Detaining Power before he
Even if they are recognized to be has the right to commence his duties. Where
unfounded, they may not give rise to any the Detaining Power refuses to approve a
punishment. prisoner of war elected by his fellow
prisoners of war, it must inform the
Prisoners representatives may send periodic Protecting Power of the reason for such
reports on the situation in the camps and the refusal.
needs of the prisoners of war to the
representatives of the Protecting Powers. 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 considered as forming a part of the quota
own prisoners representative, in accordance mentioned in Article 71.
with the foregoing paragraphs. Prisoners representatives who are
transferred shall be allowed a reasonable
Article 80 time to acquaint their successors with
current affairs.
Prisoners representatives shall further the In case of dismissal, the reasons therefor
physical, spiritual and intellectual well- shall be communicated to the Protecting
being of prisoners of war. Power.
In particular, where the prisoners decide to
organize amongst themselves a system of
mutual assistance, this organization will be CHAPTER III
within the province of the prisoners
representative, in addition to the special PENAL AND DISCIPLINARY
duties entrusted to him by other provisions
of the present Convention. SANCTIONS
Prisoners representatives shall not be held
responsible, simply by reason of their I. General Provisions
duties, for any offences committed by
prisoners of war.
Article 82
Article 81
A prisoner of war shall be subject to the
Prisoners representatives shall not be laws, regulations and orders in force in the
required to perform any other work, if the armed forces of the Detaining Power; the
accomplishment of their duties is thereby Detaining Power shall be justified in taking
made more difficult. judicial or disciplinary measures in respect
of any offence committed by a prisoner of
Prisoners representatives may appoint from war against such laws, regulations or orders.
amongst the prisoners such assistants as However, no proceedings or punishments
they may require. All material facilities
contrary to the provisions of this Chapter
shall be granted them, particularly a certain shall be allowed.
freedom of movement necessary for the
accomplishment of their duties (inspection If any law, regulation or order of the
of labour detachments, receipt of supplies, Detaining Power shall declare acts
etc.). committed by a prisoner of war to be
punishable, whereas the same acts would
Prisoners representatives shall be permitted not be punishable if committed by a
to visit premises where prisoners of war are
member of the forces of the Detaining
detained, and every prisoner of war shall Power, such acts shall entail disciplinary
have the right to consult freely his punishments only.
prisoners representative.
All facilities shall likewise be accorded to
the prisoners representatives for Article 83
communication by post and telegraph with
In deciding whether proceedings in respect
the detaining authorities, the Protecting
of an offence alleged to have been
Powers, the International Committee of the
committed by a prisoner of war shall be
Red Cross and their delegates, the Mixed
judicial or disciplinary, the Detaining Power
Medical Commissions and the bodies which
shall ensure that the competent authorities
give assistance to prisoners of war.
exercise the greatest leniency and adopt,
Prisoners representatives of labour
wherever possible, disciplinary rather than
detachments shall enjoy the same facilities
judicial measures.
for communication with the prisoners
representatives of the principal camp. Such
communications shall not be restricted, nor
Article 84 Collective punishment for individual acts,
corporal punishment, imprisonment in
A prisoner of war shall be tried only by a premises without daylight and, in general,
military court, unless the existing laws of any form of torture or cruelty, are forbidden.
the Detaining Power expressly permit the No prisoner of war may be deprived of his
civil courts to try a member of the armed rank by the Detaining Power, or prevented
forces of the Detaining Power in respect of from wearing his badges.
the particular offence alleged to have been
committed by the prisoner of war.
In no circumstances whatever shall a Article 88
prisoner of war be tried by a court of any Officers, non-commissioned officers and
kind which does not offer the essential men who are prisoners of war undergoing a
guarantees of independence and impartiality disciplinary or judicial punishment, shall not
as generally recognized, and, in particular, be subjected to more severe treatment than
the procedure of which does not afford the that applied in respect of the same
accused the rights and means of defence punishment to members of the armed forces
provided for in Article 105. of the Detaining Power of equivalent rank.
A woman prisoner of war shall not be
Article 85 awarded or sentenced to a punishment more
severe, or treated whilst undergoing
Prisoners of war prosecuted under the laws punishment more severely, than a woman
of the Detaining Power for acts committed member of the armed forces of the
prior to capture shall retain, even if Detaining Power dealt with for a similar
convicted, the benefits of the present offence.
Convention.
In no case may a woman prisoner of war be
awarded or sentenced to a punishment more
Article 86 severe, or treated whilst undergoing
punishment more severely, than a male
No prisoner of war may be punished more member of the armed forces of the
than once for the same act or on the same Detaining Power dealt with for a similar
charge. offence.
Prisoners of war who have served
Article 87 disciplinary or judicial sentences may not be
treated differently from other prisoners of
Prisoners of war may not be sentenced by war.
the military authorities and courts of the
Detaining Power to any penalties except
those provided for in respect of members of II. Disciplinary Sanctions
the armed forces of the said Power who
have committed the same acts.
When fixing the penalty, the courts or
Article 89
authorities of the Detaining Power shall take The disciplinary punishments applicable to
into consideration, to the widest extent prisoners of war are the following:
possible, the fact that the accused, not being
a national of the Detaining Power, is not (1) A fine which shall not exceed 50
bound to it by any duty of allegiance, and per cent of the advances of pay and working
that he is in its power as the result of pay which the prisoner of war would
circumstances independent of his own will. otherwise receive under the provisions of
The said courts or authorities shall be at Articles 60 and 62 during a period of not
liberty to reduce the penalty provided for more than thirty days.
the violation of which the prisoner of war is (2) Discontinuance of privileges
accused, and shall therefore not be bound to granted over and above the treatment
apply the minimum penalty prescribed. provided for by the present Convention.
(3) Fatigue duties not exceeding two punishment in respect of their previous
hours daily. escape.
(4) Confinement.
The punishment referred to under (3) shall Article 92
not be applied to officers.
A prisoner of war who attempts to escape
In no case shall disciplinary punishments be and is recaptured before having made good
inhuman, brutal or dangerous to the health his escape in the sense of Article 91 shall be
of prisoners of war. liable only to a disciplinary punishment in
respect of this act, even if it is a repeated
Article 90 offence.
A prisoner of war who is recaptured shall be
The duration of any single punishment shall handed over without delay to the competent
in no case exceed thirty days. Any period of military authority.
confinement awaiting the hearing of a
disciplinary offence or the award of Article 88, fourth paragraph,
disciplinary punishment shall be deducted notwithstanding, prisoners of war punished
from an award pronounced against a as a result of an unsuccessful escape may be
prisoner of war. subjected to special surveillance. Such
surveillance must not affect the state of their
The maximum of thirty days provided above health, must be undergone in a prisoner of
may not be exceeded, even if the prisoner of war camp, and must not entail the
war is answerable for several acts at the suppression of any of the safeguards granted
same time when he is awarded punishment, them by the present Convention.
whether such acts are related or not.
The period between the pronouncing of an
award of disciplinary punishment and its
Article 93
execution shall not exceed one month. Escape or attempt to escape, even if it is a
When a prisoner of war is awarded a further repeated offence, shall not be deemed an
disciplinary punishment, a period of at least aggravating circumstance if the prisoner of
three days shall elapse between the war is subjected to trial by judicial
execution of any two of the punishments, if proceedings in respect of an offence
the duration of one of these is ten days or committed during his escape or attempt to
more. escape.
In conformity with the principle stated in
Article 91 Article 83, offences committed by prisoners
of war with the sole intention of facilitating
The escape of a prisoner of war shall be their escape and which do not entail any
deemed to have succeeded when: violence against life or limb, such as
(1) he has joined the armed forces of offences against public property, theft
the Power on which he depends, or those of without intention of self-enrichment, the
an allied Power; drawing up or use of false papers, or the
wearing of civilian clothing, shall occasion
(2) he has left the territory under the disciplinary punishment only.
control of the Detaining Power, or of an ally
of the said Power; Prisoners of war who aid or abet an escape
or an attempt to escape shall be liable on
(3) he has joined a ship flying the flag this count to disciplinary punishment only.
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 Article 94
under the control of the last named Power.
If an escaped prisoner of war is recaptured,
Prisoners of war who have made good their the Power on which he depends shall be
escape in the sense of this Article and who notified thereof in the manner defined in
are recaptured, shall not be liable to any
Article 122, provided notification of his Article 97
escape has been made.
Prisoners of war shall not in any case be
transferred to penitentiary establishments
Article 95 (prisons, penitentiaries, convict prisons,
A prisoner of war accused of an offence etc.) to undergo disciplinary punishment
against discipline shall not be kept in therein.
confinement pending the hearing unless a All premises in which disciplinary
member of the armed forces of the punishments are undergone shall conform to
Detaining Power would be so kept if he the sanitary requirements set forth in Article
were accused of a similar offence, or if it is 25. A prisoner of war undergoing
essential in the interests of camp order and punishment shall be enabled to keep himself
discipline. in a state of cleanliness, in conformity with
Any period spent by a prisoner of war in Article 29.
confinement awaiting the disposal of an Officers and persons of equivalent status
offence against discipline shall be reduced shall not be lodged in the same quarters as
to an absolute minimum and shall not non-commissioned officers or men.
exceed fourteen days. Women prisoners of war undergoing
The provisions of Articles 97 and 98 of this disciplinary punishment shall be confined in
Chapter shall apply to prisoners of war who separate quarters from male prisoners of war
are in confinement awaiting the disposal of and shall be under the immediate
offences against discipline. supervision of women.

Article 96 Article 98
Acts which constitute offences against A prisoner of war undergoing confinement
discipline shall be investigated immediately. as a disciplinary punishment, shall continue
Without prejudice to the competence of to enjoy the benefits of the provisions of this
courts and superior military authorities, Convention except in so far as these are
disciplinary punishment may be ordered necessarily rendered inapplicable by the
only by an officer having disciplinary mere fact that he is confined. In no case may
powers in his capacity as camp commander, he be deprived of the benefits of the
or by a responsible officer who replaces him provisions of Articles 78 and 126.
or to whom he has delegated his disciplinary A prisoner of war awarded disciplinary
powers. punishment may not be deprived of the
In no case may such powers be delegated to prerogatives attached to his rank.
a prisoner of war or be exercised by a Prisoners of war awarded disciplinary
prisoner of war. punishment shall be allowed to exercise and
Before any disciplinary award is to stay in the open air at least two hours
pronounced, the accused shall be given daily.
precise information regarding the offences They shall be allowed, on their request, to
of which he is accused, and given an be present at the daily medical inspections.
opportunity of explaining his conduct and of They shall receive the attention which their
defending himself. He shall be permitted, in state of health requires and, if necessary,
particular, to call witnesses and to have shall be removed to the camp infirmary or to
recourse, if necessary, to the services of a a hospital.
qualified interpreter. The decision shall be They shall have permission to read and
announced to the accused prisoner of war write, likewise to send and receive letters.
and to the prisoners representative. Parcels and remittances of money however,
A record of disciplinary punishments shall may be withheld from them until the
be maintained by the camp commander and completion of the punishment; they shall
shall be open to inspection by meanwhile be entrusted to the prisoners
representatives of the Protecting Power. representative, who-will hand over to the
infirmary the perishable goods contained in Article 102
such parcels.
A prisoner of war can be validly sentenced
only if the sentence has been pronounced by
III. Judicial Proceedings the same courts according to the same
procedure as in the case of members of the
armed forces of the Detaining Power, and if,
Article 99 furthermore, the provisions of the present
No prisoner of war may be tried or Chapter have been observed.
sentenced for an act which is not forbidden
by the law of the Detaining Power or by Article 103
international law, in force at the time the
said act was committed. Judicial investigations relating to a prisoner
No moral or physical coercion may be of war shall be conducted as rapidly as
exerted on a prisoner of war in order to circumstances permit and so that his trial
induce him to admit himself guilty of the act shall take place as soon as possible. A
of which he is accused. prisoner of war shall not be confined while
awaiting trial unless a member of the armed
No prisoner of war may be convicted forces of the Detaining Power would be so
without having had an opportunity to confined if he were accused of a similar
present his defence and the assistance of a offence, or if it is essential to do so in the
qualified advocate or counsel. interests of national security. In no
circumstances shall this confinement exceed
Article 100 three months.
Any period spent by a prisoner of war in
Prisoners of war and the Protecting Powers confinement awaiting trial shall be deducted
shall be informed as soon as possible of the from any sentence of imprisonment passed
offences which are punishable by the death upon him and taken into account in fixing
sentence under the laws of the Detaining any penalty.
Power.
The provisions of Articles 97 and 98 of this
Other offences shall not thereafter be made Chapter shall apply to a prisoner of war
punishable by the death penalty without the whilst in confinement awaiting trial.
concurrence of the Power on which the
prisoners of war depend.
Article 104
The death sentence cannot be pronounced
on a prisoner of war unless the attention of In any case in which the Detaining Power
the court has, in accordance with Article 87, has decided to institute judicial proceedings
second paragraph, been particularly called against a prisoner of war, it shall notify the
to the fact that since the accused is not a Protecting Power as soon as possible and at
national of the Detaining Power, he is not least three weeks before the opening of the
bound to it by any duty of allegiance, and trial. This period of three weeks shall run as
that he is in its power as the result of from the day on which such notification
circumstances independent of his own will. reaches the Protecting Power at the address
previously indicated by the latter to the
Article 101 Detaining Power.
The said notification shall contain the
If the death penalty is pronounced on a following information:
prisoner of war, the sentence shall not be
executed before the expiration of a period of (1) Surname and first names of the
at least six months from the date when the prisoner of war, his rank, his army,
Protecting Power receives, at an indicated regimental, personal or serial number, his
address, the detailed communication date of birth, and his profession or trade, if
provided for in Article 107. any;
(2) Place of internment or the benefit of these facilities until the term
confinement; of appeal or petition has expired.
(3) Specification of the charge or Particulars of the charge or charges on
charges on which the prisoner of war is to which the prisoner of war is to be arraigned,
be arraigned, giving the legal provisions as well as the documents which are
applicable; generally communicated to the accused by
(4) Designation of the court which will virtue of the laws in force in the armed
try the case, likewise the date and place forces of the Detaining Power, shall be
fixed for the opening of the trial. communicated to the accused prisoner of
war in a language which he understands,
The same communication shall be made by and in good time before the opening of the
the Detaining Power to the prisoners trial. The same communication in the same
representative. circumstances shall be made to the advocate
If no evidence is submitted, at the opening or counsel conducting the defence on behalf
of a trial, that the notification referred to of the prisoner of war.
above was received by the Protecting The representatives of the Protecting Power
Power, by the prisoner of war and by the shall be entitled to attend the trial of the
prisoners representative concerned, at least case, unless, exceptionally, this is held in
three weeks before the opening of the trial, camera in the interest of State security. In
then the latter cannot take place and must be such a case the Detaining Power shall
adjourned. advise the Protecting Power accordingly.

Article 105 Article 106


The prisoner of war shall be entitled to Every prisoner of war shall have, in the
assistance by one of his prisoner comrades, same manner as the members of the armed
to defence by a qualified advocate or forces of the Detaining Power, the right of
counsel of his own choice, to the calling of appeal or petition from any sentence
witnesses and, if he deems necessary, to the pronounced upon him, with a view to the
services of a competent interpreter. He shall quashing or revising of the sentence or the
be advised of these rights by the Detaining reopening of the trial. He shall be fully
Power in due time before the trial. informed of his right to appeal or petition
Failing a choice by the prisoner of war, the and of the time limit within which he may
Protecting Power shall find him an advocate do so.
or counsel, and shall have at least one week
at its disposal for the purpose. The
Detaining Power shall deliver to the said
Article 107
Power, on request, a list of persons qualified Any judgment and sentence pronounced
to present the defence. Failing a choice of upon a prisoner of war shall be immediately
an advocate or counsel by the prisoner of reported to the Protecting Power in the form
war or the Protecting Power, the Detaining of a summary communication, which shall
Power shall appoint a competent advocate also indicate whether he has the right of
or counsel to conduct the defence. appeal with a view to the quashing of the
The advocate or counsel conducting the sentence or the reopening of the trial. This
defence on behalf of the prisoner of war communication shall likewise be sent to the
shall have at his disposal a period of two prisoners representative concerned. It shall
weeks at least before the opening of the also be sent to the accused prisoner of war
trial, as well as the necessary facilities to in a language he understands, if the sentence
prepare the defence of the accused. He may, was not pronounced in his presence. The
in particular, freely visit the accused and Detaining Power shall also immediately
interview him in private. He may also communicate to the Protecting Power the
confer with any witnesses for the defence, decision of the prisoner of war to use or to
including prisoners of war. He shall have waive his right of appeal.
Furthermore, if a prisoner of war is finally PART IV
convicted or if a sentence pronounced on a
prisoner of war in the first instance is a
death sentence, the Detaining Power shall as TERMINATION OF
soon as possible address to the Protecting CAPTIVITY
Power a detailed communication containing:
(1) the precise wording of the finding
and sentence; SECTION I
(2) a summarized report of any
preliminary investigation and of the trial, DIRECT REPATRIATION AND
emphasizing in particular the elements of ACCOMMODATION IN
the prosecution and the defence; NEUTRAL COUNTRIES
(3) notification, where applicable, of
the establishment where the sentence will be
served. Article 109
The communications provided for in the Subject to the provisions of the third
foregoing sub-paragraphs shall be sent to paragraph of this Article, Parties to the
the Protecting Power at the address conflict are bound to send back to their own
previously made known to the Detaining country, regardless of number or rank,
Power. seriously wounded and seriously sick
prisoners of war, after having cared for them
Article 108 until they are fit to travel, in accordance
with the first paragraph of the following
Sentences pronounced on prisoners of war Article.
after a conviction has become duly Throughout the duration of hostilities,
enforceable, shall be served in the same Parties to the conflict shall endeavour, with
establishments and under the same the cooperation of the neutral Powers
conditions as in the case of members of the concerned, to make arrangements for the
armed forces of the Detaining Power. These accommodation in neutral countries of the
conditions shall in all cases conform to the sick and wounded prisoners of war referred
requirements of health and humanity. to in the second paragraph of the following
A woman prisoner of war on whom such a Article. They may, in addition, conclude
sentence has been pronounced shall be agreements with a view to the direct
confined in separate quarters and shall be repatriation or internment in a neutral
under the supervision of women. country of able-bodied prisoners of war who
have undergone a long period of captivity.
In any case, prisoners of war sentenced to a
penalty depriving them of their liberty shall No sick or injured prisoner of war who is
retain the benefit of the provisions of eligible for repatriation under the first
Articles 78 and 126 of the present paragraph of this Article, may be repatriated
Convention. Furthermore, they shall be against his will during hostilities.
entitled to receive and despatch
correspondence, to receive at least one relief
Article 110
parcel monthly, to take regular exercise in
the open air, to have the medical care The following shall be repatriated direct:
required by their state of health, and the
spiritual assistance they may desire. (1) Incurably wounded and sick whose
Penalties to which they may be subjected mental or physical fitness seems to have
shall be in accordance with the provisions of been gravely diminished.
Article 87, third paragraph. (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 Article 115
diminished.
(3) Wounded and sick who have No prisoner of war on whom a disciplinary
recovered, but whose mental or physical punishment has been imposed and who is
fitness seems to have been gravely and eligible for repatriation or for
permanently diminished. accommodation in a neutral country, may be
kept back on the plea that he has not
The following may be accommodated in a undergone his punishment.
neutral country:
Prisoners of war detained in connection with
(1) Wounded and sick whose recovery a judicial prosecution or conviction, and
may be expected within one year of the date who are designated for repatriation or
of the wound or the beginning of the illness, accommodation in a neutral country, may
if treatment in a neutral country might benefit by such measures before the end of
increase the prospects of a more certain and the proceedings or the completion of the
speedy recovery. punishment, if the Detaining Power
(2) Prisoners of war whose mental or consents.
physical health, according to medical Parties to the conflict shall communicate to
opinion, is seriously threatened by each other the names of those who will be
continued captivity, but whose detained until the end of the proceedings or
accommodation in a neutral country might the completion of the punishment.
remove such a threat.
***
The conditions which prisoners of war
accommodated in a neutral country must
fulfil in order to permit their repatriation Article 117
shall be fixed, as shall likewise their status,
by agreement between the Powers No repatriated person may be employed on
concerned. In general, prisoners of war who active military service.
have been accommodated in a neutral
country, and who belong to the following
categories, should be repatriated: SECTION II
(1) Those whose state of health has RELEASE AND REPATRIATION
deteriorated so as to fulfil the condition laid OF PRISONERS OF WAR AT
down for direct repatriation;
THE CLOSE OF HOSTILITIES
(2) Those whose mental or physical
powers remain, even after treatment,
considerably impaired. Article 118
If no special agreements are concluded
between the Parties to the conflict Prisoners of war shall be released and
concerned, to determine the cases of repatriated without delay after the cessation
disablement or sickness entailing direct of active hostilities.
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 SECTION III
repatriation and accommodation in neutral
countries of wounded and sick prisoners of DEATH OF PRISONERS OF
war and in the Regulations concerning WAR
Mixed Medical Commissions annexed to
the present Convention.
*** Article 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 and for records of any subsequent moves of
Detaining Power of its requirements in this the bodies shall rest on the Power
respect. At the request of the prisoner of war controlling the territory, if a Party to the
and, in all cases, after death, the will shall present Convention. These provisions shall
be transmitted without delay to the also apply to the ashes, which shall be kept
Protecting Power; a certified copy shall be by the Graves Registration Service until
sent to the Central Agency. proper disposal thereof in accordance with
Death certificates, in the form annexed to the wishes of the home country.
the present Convention, or lists certified by
a responsible officer, of all persons who die Article 121
as prisoners of war shall be forwarded as
rapidly as possible to the Prisoner of War Every death or serious injury of a prisoner
Information Bureau established in of war caused or suspected to have been
accordance with Article 122. The death caused by a sentry, another prisoner of war,
certificates or certified lists shall show or any other person, as well as any death the
particulars of identity as set out in the third cause of which is unknown, shall be
paragraph of Article 17, and also the date immediately followed by an official enquiry
and place of death, the cause of death, the by the Detaining Power.
date and place of burial and all particulars A communication on this subject shall be
necessary to identify the graves. sent immediately to the Protecting Power.
The burial or cremation of a prisoner of war Statements shall be taken from witnesses,
shall be preceded by a medical examination especially from those who are prisoners of
of the body with a view to confirming death war, and a report including such statements
and enabling a report to be made and, where shall be forwarded to the Protecting Power.
necessary, establishing identity. If the enquiry indicates the guilt of one or
The detaining authorities shall ensure that more persons, the Detaining Power shall
prisoners of war who have died in captivity take all measures for the prosecution of the
are honourably buried, if possible according person or persons responsible.
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

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