To The Work They Will Have To Do and Similar To Those Accorded To The Nationals of The Detaining Power
To The Work They Will Have To Do and Similar To Those Accorded To The Nationals of The Detaining Power
E) DOMESTIC SERVICE;
ART.20. --- Parties to the conflict shall ensure that burial at sea of the dead, carried
out individually as far as circumstances permit, is preceded by a careful
examination, if possible by a medical examination, of the bodies, with a view to
confirming death, establishing identity and enabling a report to be made. Where a
double identity disc is used, one half of the disc should remain on the body.
Convention for the Amelioration of the Condition of the Wounded and Sick in
Armed Forces in the Field of August 12, 1949, shall be applicable.
ART. 21. — The Parties to the conflict may appeal to the charity of commanders
of neutral merchant vessels, yachts or other craft, to take on board and care for
wounded, sick or shipwrecked persons, and to collect the dead.
Vessels of any kind responding to this appeal, and those having of their own
accord collected wounded, sick or shipwrecked persons, shall enjoy special
protection and facilities to carry out such assistance.
transport; but, in the absence of any promise to the contrary, they shall remain
liable to capture for any violations of neutrality they may have committed.
Prescriptions regarding the dead
They shall continue to exercise their medical and spiritual functions for the benefit
of prisoners of war, preferably those belonging to the armed forces upon which
they depend, within the scope of the military laws and regulations of the Detaining
Power and under the control of its competent services, in accordance with their
professional etiquette. They shall also benefit by the following facilities in the
exercise of their medical or spiritual functions: Rights and privileges of retained
personnel
b) The senior medical officer in each camp shall be responsible to the camp
military authorities for everything connected with the activities of retained medical
personnel. For this purpose, Parties to the conflict shall agree at the outbreak of
hostilities on the subject of the corresponding ranks of the medical personnel,
including that of societies mentioned in Article 26 of the Geneva Convention for
the Amelioration of the Condition of the Wounded and Sick in Armed Forces in
the Field of August 12, 1949. This senior medical officer, as well as chaplains,
shall have the right to deal with the competent authorities of the camp on all
questions relating to their duties. Such authorities shall afford them all necessary
facilities for correspondence relating to these questions.
c) Although they shall be subject to the internal discipline of the camp in which
they are retained, such personnel may not be compelled to carry out any work other
than that concerned with their medical or religious duties.
During hostilities, the Parties to the conflict shall agree concerning the possible
relief of retained personnel and shall settle the procedure to be followed.
and sun on a white ground, these emblems are also recognized by the terms of the
present Convention.
ART. 42. — The personnel designated in Articles 36 and 37 shall wear, affixed to
the left arm, a water-resistant armlet bearing the distinctive emblem, issued and
stamped by the military authority. Such personnel, in addition to wearing the
identity disc mentioned in Article 19, shall also carry a special identity card
bearing the distinctive emblem. This card shall be water-resistant and of such size
that it can be carried in the pocket. It shall be worded in the national language,
shall mention at least the surname and first names, the date of birth, the rank and
the service number of the bearer, and shall state in what capacity he is entitled to
the protection of the present Convention. The card shall bear the photograph of the
owner and also either his signature or his fingerprints or both. It shall be embossed
with the stamp of the military authority.
The identity card shall be uniform throughout the same armed forces and, as far as
possible, of a similar type in the armed forces of the High Contracting Parties. The
Parties to the conflict may be guided by the model which is annexed, by way of
example, to the present Convention. They shall inform each other, at the outbreak
of hostilities, of the model they are using. Identity cards should be made out, if
possible, at least in duplicate, one copy being kept by the home country.
a) All exterior surfaces shall be white. Use of the emblem Identification of medical
and religious personnel
Prisoners of war shall continue to have the benefit of such agreements as long as
the Convention is applicable to them, except where express provisions to the
contrary are contained in the aforesaid or in subsequent agreements, or where more
favourable measures have been taken with regard to them by one or other of the
Parties to the conflict.
PRISONERS OF WAR
ART. 8. --- The present Convention shall be applied with the cooperation and
under the scrutiny of the Protecting Powers whose duty it is to safeguard the
interests of the Parties to the conflict. For this purpose, the Protecting Powers may
appoint, apart from their diplomatic or consular staff, delegates from amongst their
own nationals or the nationals of other neutral Powers. The said delegates shall be
subject to the approval of the Power with which they are to carry out their duties.
The Parties to the conflict shall facilitate to the greatest extent possible the task of
the representatives or delegates of the Protecting Powers.
The representatives or delegates of the Protecting Powers shall not in any case
exceed their mission under the present Convention. They shall, in particular, take
account of the imperative necessities of security of the State wherein they carry out
their duties.
ART. 9. --- The provisions of the present Convention constitute no obstacle to the
humanitarian activities which the International Committee of the Red Cross or any
other impartial humanitarian organization may, subject to the consent of the Parties
to the
Powers
Activities of the International
ART. 7. --- Wounded, sick and shipwrecked persons, as well as members of the
medical personnel and chaplains, may in no circumstances renounce in part or in
entirety the rights secured to them by the present Convention, and by the special
agreements referred to in the foregoing Article, if such there be.
ART. 8. --- The present Convention shall be applied with the cooperation and
under the scrutiny of the Protecting Powers whose duty it is to safeguard the
interests of the Parties to the conflict. For this purpose, the Protecting Powers may
appoint, apart from their diplomatic or consular staff, delegates from amongst their
own nationals or the nationals of other neutral Powers. The said delegates shall be
subject to the approval of the Power with which they are to carry out their duties.
The Parties to the conflict shall facilitate to the greatest extent possible the task of
the representatives or delegates of the Protecting Powers.
members of their community. For this purpose, they shall receive the same
treatment as the chaplains retained by the Detaining Power. They shall not be
obliged to do any other work.
ART. 37. --- When prisoners of war have not the assistance of a retained chaplain
or of a prisoner of war minister of their faith, a minister belonging to the prisoners
or a similar denomination, or in
ART. 38. --- While respecting the individual preferences of every prisoner, the
Detaining Power shall encourage the practice of intellectual, educational, and
recreational pursuits, sports and games amongst prisoners, and shall take the
measures necessary to ensure the exercise thereof by providing them with adequate
premises and necessary equipment.
Prisoners shall have opportunities for taking physical exercise, including sports and
games and for being out of doors. Sufficient open spaces shall be provided for this
purpose in all camps.
CHAPTER VI
Discipline
ART. 39. Every prisoner of war camp shall be put under the immediate authority
of a responsible commissioned officer belonging to the regular armed forces of the
Detaining Power. Such officer shall have in his possession a copy of the present
Convention; he shall ensure that its provisions are known to the camp staff and the
guard and shall be responsible, under the direction of his government, for its
application.
Prisoners' representatives shall not be held responsible, simply by reason of their
duties, for any offences committed by prisoners of war.
ART. 81. — Prisoners' representatives shall not be required to perform any other
work, if the accomplishment of their duties is thereby made more difficult.
Prisoners' representatives may appoint from amongst the prisoners such assistants
as they may require. All material facilities shall be granted them, particularly a
certain freedom of movement necessary for the accomplishment of their duties
(inspection of labour detachments, receipt of supplies, etc.).
Prerogatives
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,
Cross or any other body assisting the prisoners, exchange either with their own
delegates or with the Parties to the conflict.
These provisions in no way detract from the right of any Party to the conflict to
arrange other means of transport, if it should so prefer, nor preclude the granting of
safe-conducts, under mutually agreed conditions, to such means of transport.
In the absence of special agreements, the costs occasioned by the use of such
means of transport shall be borne proportionally by the Parties to the conflict
whose nationals are benefited thereby.
The examination of consignments intended for prisoners of war shall not be carried
out under conditions that will expose the goods contained in them to deterioration;
except in the case of written or printed matter, it shall be done in the presence of
the addressee, or of a fellow-prisoner duly delegated by him. The delivery to
prisoners of individual or collective consignments shall not be delayed under the
pretext of difficulties of censorship.
ART.77. --- The Detaining Power shall provide all facilities for the transmission,
through the Protecting Power or the Central Prisoners of War Agency provided for
in Article 123, of instruments, papers or documents intended for prisoners of war
or despatched by them, especially powers of attorney and wills. In all cases they
shall facilitate the preparation and execution of such documents on behalf of
prisoners of war; in particular, they shall allow them to consult a lawyer and shall
take what measures are necessary for the authentication of their signatures.
Any neutral Power, or any organization invited by the Power concerned or offering
itself for these purposes, shall be required to act with a sense of responsibility
towards the Party to the conflict on which persons protected by the present
Convention depend, and shall be required to furnish sufficient assurances that it is
in a position to undertake the appropriate functions and to discharge them
impartially.
ART. 11. In cases where they deem it advisable in the interest of protected persons,
particularly in cases of disagreement between the Parties to the conflict as to the
application or interpretation of the provisions of the present Convention, the
Protecting Powers shall lend their good offices with a view to settling the
disagreement.
For this purpose, each of the Protecting Powers may, either at the invitation of one
Party or on its own initiative, propose to the Substitutes for Protecting
Powers
Conciliation procedure
Upon the outbreak of hostilities, each Party to the conflict shall notify the adverse
Party of the laws and regulations allowing or forbidding its own nationals to accept
liberty on parole or promise. Prisoners of war who are paroled or who have given
their promise in conformity with the laws and regulations so notified, are bound on
their personal honour scrupulously to fulfil, both towards the Power on which they
depend and towards the Power which has captured them, the engagements of their
paroles or promises. In such cases, the Power on which they depend is bound
neither to require nor to accept from them any service incompatible with the parole
or promise given.
PRISONERS OF WAR
ART. 22. --- Prisoners of war may be interned only in premises located on land and
affording every guarantee of hygiene and healthfulness. Except in particular cases
which are justified by the interest of the prisoners themselves, they shall not be
interned in penitentiaries.
Prisoners of war interned in unhealthy areas, or where the climate is injurious for
them, shall be removed as soon as possible to a more favourable climate.
Working pay.
Occupational accidents
and diseases
Medical supervision
Labour detachments
Prisoners working for private employers ART. 54. --- The working pay due to
prisoners of war shall be fixed in accordance with the provisions of Article 62 of
the present Convention.
Prisoners of war who sustain accidents in connection with work, or who contract a
disease in the course, or in consequence of their work, shall receive all the care
their condition may require. The Detaining Power shall furthermore deliver to such
prisoners of war a medical certificate enabling them to submit their claims to the
Power on which they depend, and shall send a duplicate to the Central Prisoners of
War Agency provided for in Article 123. ART. 55. --- The fitness of prisoners of
war for work shall be periodically verified by medical examinations at least once a
month. The examinations shall have particular regard to the nature of the work
which prisoners of war are required to do.
Once the violation has been established, the Parties to the conflict shall put an end
to it and shall repress it with the least possible delay.
Final Provisions
ART.54. --- The present Convention is established in English and in French. Both
texts are equally authentic.
The Swiss Federal Council shall arrange for official translations of the Convention
to be made in the Russian and Spanish languages.
ART. 56. --- The present Convention shall be ratified as soon as possible and the
ratifications shall be deposited at Berne.
Thereafter, it shall come into force for each High Contracting Party six months
after the deposit of the instruments of ratification.
In the event of alighting involuntarily on land or water in enemy or enemy-
occupied territory, the wounded, sick and shipwrecked, as well as the crew of the
aircraft shall be prisoners of war. The medical personnel shall be treated according
to Articles 36 and 37.
ART. 40. --- Subject to the provisions of the second paragraph, medical aircraft of
Parties to the conflict may fly over the territory of neutral Powers, land thereon in
case of necessity, or use it as a port of call. They shall give neutral Powers prior
notice of their passage over the said territory, and obey every summons to alight,
on land or water. They will be immune from attack only when flying on routes, at
heights and at times specifically agreed upon between the Parties to the conflict
and the neutral Power concerned.
The neutral Powers may, however, place conditions or restrictions on the passage
or landing of medical aircraft on their territory. Such possible conditions or
restrictions shall be applied equally to all Parties to the conflict.
Unless otherwise agreed between the neutral Powers and the Parties to the conflict,
the wounded, sick or shipwrecked who are disembarked with the consent of the
local authorities on neutral territory by medical aircraft shall be detained by the
neutral Power, where so required by international law, in such a manner that they
cannot again take part in operations of war. The cost of their accommodation and
internment shall be borne by the Power on which they depend.
ART. 41. --- Under the direction of the competent military authority, the emblem
of the red cross on a white ground shall be displayed on the flags, armlets and on
all equipment employed in the Medical Service.
Nevertheless, in the case of countries which already use as emblem, in place of the
red cross, the red crescent or the red lion
2) The persons belonging to one of the categories enumerated in the present
Article, who have been received by neutral or no belligerent Powers on their
territory and whom these Powers are required to intern under international law,
without prejudice to any more favourable treatment which these Powers may
choose to give and with the exception of Articles 8, 10, 15, 30, fifth paragraph, 58-
67, 92, 126 and, where diplomatic relations exist between the Parties to the conflict
and the neutral or non-belligerent Power concerned, those Articles concerning the
Protecting Power. Where such diplomatic relations exist, the Parties to a conflict
on whom these persons depend shall be allowed to perform towards them the
functions of a Protecting Power as provided in the present
C. This Article shall in no way affect the status of medical personnel and chaplains
as provided for in Article 33 of the present Convention.
Special agreements
No renunciation of rights ART. 5. --- The present Convention shall apply to the
persons referred to in Article 4 from the time they fall into the power of the enemy
and until their final release and repatriation.
Should any doubt arise as to whether persons having committed a belligerent act
and having fallen into the hands of the enemy belong to any of the categories
enumerated in Article 4, such persons shall enjoy the protection of the present
Convention until such time as their status has been determined by a competent
tribunal.
Working pay shall likewise be paid by the detaining authorities to prisoners of war
permanently detailed to duties or to a skilled or semi-skilled occupation in
connection with the administration, installation or maintenance of camps, and to
the prisoners who are required to carry out spiritual or medical duties on behalf of
their comrades.
The working pays of the prisoners' representative, of his advisers, if any, and of his
assistants, shall be paid out of the fund maintained by canteen profits. The scale of
this working pay shall be fixed by the prisoners' representative and approved by the
camp commander. If there is no such fund, the detaining authorities shall pay these
prisoners a fair working rate of pay.
ART. 63. --- Prisoners of war shall be permitted to receive remittances of money
addressed to them individually or collectively.
Every prisoner of war shall have at his disposal the credit balance of his account as
provided for in the following Article, within the limits fixed by the Detaining
Power, which shall make such payments as are requested. Subject to financial or
monetary restrictions which the Detaining Power regards as essential, prisoners of
war may also have payments made abroad. In this case payments addressed by
prisoners of war to dependents shall be given priority.
In any event, and subject to the consent of the Power on which they depend,
prisoners may have payments made in their own country, as follows: The
Detaining Power shall send to the
The representatives or delegates of the Protecting Powers shall not in any case
exceed their mission under the present Convention. They shall, in particular, take
account of the imperative necessities of security of the State wherein they carry out
their duties. Their activities shall only be restricted as an exceptional and
temporary measure when this is rendered necessary by imperative military
necessities.
ART. 9. --- The provisions of the present Convention constitute no obstacle to the
humanitarian activities which the International Committee of the Red Cross or any
other impartial humanitarian organization may, subject to the consent of the Parties
to the conflict concerned, undertake for the protection of wounded, sick and
shipwrecked persons, medical personnel and chaplains, and for their relief.
ART. 10. --- The High Contracting Parties may at any time agree to entrust to an
organization which offers all guarantees of impartiality and efficacy the duties
incumbent on the Protecting Powers by virtue of the present Convention.
When wounded, sick and shipwrecked, or medical personnel and chaplains do not
benefit or cease to benefit, no matter for what reason, by the activities of a
Protecting Power or of an organization provided for in the first paragraph above,
the Detaining Power shall request a neutral State, or such an organization, to
undertake the functions performed under the present Convention by a Protecting
Power designated by the Parties to a conflict.
ART. 26. — The protection mentioned in Articles 22, 24 and 25 shall apply to
hospital ships of any tonnage and to their lifeboats, wherever they are operating.
Nevertheless, to ensure the maximum comfort and security, the Parties to the
conflict shall endeavour to utilize, for the transport of wounded, sick and
shipwrecked over long distances and on the high seas, only hospital ships of over
2,000 tons' gross.
ART. 27. --- Under the same conditions as those provided for in Articles 22 and
24, small craft employed by the State or by the officially recognized lifeboat
institutions for coastal rescue operations, shall also be respected and protected, so
far as operational requirements permit.
The same shall apply so far as possible to fixed coastal installations used
exclusively by these craft for their humanitarian missions.
ART. 28. --- Should fighting occur on board a warship, the sickbays shall be
respected and spared as far as possible. Sick-bays and their equipment shall remain
subject to the laws of warfare, but may not be diverted from their purpose so long
as they are required for the wounded and sick. Nevertheless, the commander into
whose power they have fallen may, after ensuring the proper care of the wounded
and sick who are accommodated therein, apply them to other purposes in case of
urgent military necessity.
None of the preceding provisions shall relieve the Detaining Power of its
obligations with regard to prisoners of war from the medical or spiritual point of
view.
CHAPTER V
Religious, Intellectual and Physical Activities
Religious duties
Retained chaplains
Prisoners without a minister of their religion ART. 34. --- Prisoners of war shall
enjoy complete latitude in the exercise of their religious duties, including
attendance at the service of their faith, on condition that they comply with the
disciplinary routine prescribed by the military authorities.
ART.35. --- Chaplains who fall into the hands of the enemy Power and who remain
or are retained with a view to assisting prisoners of war, shall be allowed to
minister to them and to exercise freely their ministry amongst prisoners of war of
the same religion, in accordance with their religious conscience. They shall be
allocated among the various camps and labour detachments containing prisoners of
war belonging to the same forces, speaking the same language or practising the
same religion. They shall enjoy the necessary facilities, including the means of
transport provided for in Article 33, for visiting the prisoners of war outside their
camp. They shall be free to correspond, subject to censorship, on matters
concerning their religious duties with the ecclesiastical authorities in the country of
detention and with international religious organizations. Letters and cards which
they may send for this purpose shall be in addition to the quota provided for in
Article 71. ART. 36. --- Prisoners of war who are ministers of religion, without
having officiated as chaplains to their own forces, shall be at liberty, whatever their
denomination, to minister freely to the
freely elect by secret ballot, every six months, and also in case of vacancies,
prisoners' representatives entrusted with representing them before the military
authorities, the Protecting Powers, the International Committee of the Red Cross
and any other organization which may assist them. These prisoners' representatives
shall be eligible for reflection.
In camps for officers and persons of equivalent status or in mixed camps, the
senior officer among the prisoners of war shall be recognized as the camp
prisoners' representative. In camps for officers, he shall be assisted by one or more
advisers chosen by the officers; in mixed camps, his assistants shall be chosen
from among the prisoners of war who are not officers and shall be elected by them.
Officer prisoners of war of the same nationality shall be stationed in labour camps
for prisoners of war, for the purpose of carrying out the camp administration duties
for which the prisoners of war are responsible. These officers may be elected as
prisoners' representatives under the first paragraph of this Article. In such a case
the assistants to the prisoners' representatives shall be chosen from among those
prisoners of war who are not officers.
PRISONERS OF WAR
Detaining Power refuses to approve a prisoner of war elected by his fellow
prisoners of war, it must inform the Protecting Power of the reason for such
refusal.
ART. 80. --- Prisoners' representatives shall further the physical, spiritual and
intellectual well-being of prisoners of war.
ART.15. --- If wounded, sick or shipwrecked persons are taken on board a neutral
warship or a neutral military aircraft, it shall be ensured, where so required by
international law, that they can take no further part in operations of war. Handing
over to a belligerent Wounded taken on board a neutral warship
Recording and
forwarding of information
ART. 16. --- Subject to the provisions of Article 12, the wounded, sick and
shipwrecked of a belligerent who fall into enemy hands shall be prisoners of war,
and the provisions of international law concerning prisoners of war shall apply to
them. The captor may decide, according to circumstances, whether it is expedient
to hold them, or to convey them to a port in the captor's own country, to a neutral
port or even to a port in enemy territory. In the last case, prisoners of war thus
returned to their home country may not serve for the duration of the war.
ART. 17. --- Wounded, sick or shipwrecked persons who are landed in neutral
ports with the consent of the local authorities, shall, failing arrangements to the
contrary between the neutral and the belligerent Powers, be so guarded by the
neutral Power, where so required by international law, that the said persons cannot
again take part in operations of war.
The costs of hospital accommodation and internment shall be borne by the Power
on whom the wounded, sick or shipwrecked persons depend.
ART. 18. --- All effects and articles of personal use, except arms, horses, military
equipment and military documents, shall remain in the possession of prisoners of
war, likewise their metal helmets
and
PRISONERS OF WAR
gas masks and like articles issued for personal protection. Effects and articles used
for their clothing or feeding shall likewise remain in their possession, even if such
effects and articles belong to their regulation military equipment.
Badges of rank and nationality, decorations and articles having above all a personal
or sentimental value may not be taken from prisoners of war.
Sums of money carried by prisoners of war may not be taken away from them
except by order of an officer, and after the amount and particulars of the owner
have been recorded in a special register and an itemized receipt has been given,
legibly inscribed with the name, rank and unit of the person issuing the said
receipt. Sums in the currency of the Detaining Power, or which are changed into
such currency at the prisoner's request, shall be placed to the credit of the prisoner's
account as provided in Article 64.
The Detaining Power may withdraw articles of value from prisoners of war only
for reasons of security; when such articles are withdrawn, the procedure laid down
for sums of money impounded shall apply.
Such objects, likewise the sums taken away in any currency other than that of the
Detaining Power and the conversion of which has not been asked for by the
owners, shall be kept in the custody of the Detaining Power and shall be returned
in their initial shape to prisoners of war at the end of their captivity.
Bureaux provided for in Article 122 and the Central Prisoners of War Agency
provided for in Article 123, shall be exempt from any postal dues, both in the
countries of origin and destination, and in intermediate countries.
If relief shipments intended for prisoners of war cannot be sent through the post
office by reason of weight or for any other cause, the cost of transportation shall be
borne by the Detaining Power in all the territories under its control. The other
Powers party to the Convention shall bear the cost of transport in their respective
territories.
In the absence of special agreements between the Parties concerned, the costs
connected with transport of such shipments, other than costs covered by the above
exemption, shall be charged to the senders.
The High Contracting Parties shall endeavour to reduce, so far as possible, the
rates charged for telegrams sent by prisoners of war, or addressed to them.
ART. 75. --- Should military operations prevent the Powers concerned from
fulfilling their obligation to assure the transport of the shipments referred to in
Articles 70,71,72 and 77, the Protecting Powers concerned, the International
Committee of the Red Cross or any other organization duly approved by the Parties
to the conflict may undertake to ensure the conveyance of such shipments by
suitable means (railway wagons, motor vehicles, vessels or aircraft, etc.). For this
purpose, the High Contracting Parties shall endeavour to supply them with such
transport and to allow its circulation, especially by granting the necessary safe-
conducts. Such transport may also be used to convey:
d) that of conducting their operations in accordance with the laws and customs of
war.
4) Persons who accompany the armed forces without actually being members
thereof, such as civilian members of military aircraft crews, war correspondents,
supply contractors, members of labour units or of services responsible for the
welfare of the armed forces, provided that they have received authorization from
the armed forces which they accompany, who shall provide them for that purpose
with an identity card similar to the annexed model.
B. The following shall likewise be treated as prisoners of war under the present
Convention:
CHAPTER II
Wounded, Sick and Shipwrecked
Protected persons ART. 12. --- Members of the armed forces and other persons
mentioned in the following Article, who are at sea and who are wounded, sick or
shipwrecked, shall be respected and protected in all circumstances, it being
understood that the term "shipwreck" means shipwreck from any cause and
includes forced landings at sea by or from aircraft.
Such persons shall be treated humanely and cared for by the Parties to the conflict
in whose power they may be, without any adverse distinction founded on sex, race,
nationality, religion, political opinions, or any other similar criteria. Any attempts
upon their lives, or violence to their persons, shall be strictly prohibited; in
particular, they shall not be murdered or exterminated, subjected to torture or to
biological experiments; they shall not wilfully be left without medical assistance
and care, nor shall conditions exposing them to contagion or infection be created.
Only urgent medical reasons will authorize priority in the order of treatment to be
administered.
Women shall be treated with all consideration due to their sex. ART. 13. --- The
present Convention shall apply to the wounded, sick and shipwrecked at sea
belonging to the following categories:
ART. 42. --- The use of weapons against prisoners of war, especially against those
who are escaping or attempting to escape, shall constitute an extreme measure,
which shall always be preceded by warnings appropriate to the circumstances.
CHAPTER VII
Rank of Prisoners of War
ART. 43. --- Upon the outbreak of hostilities, the Parties to the conflict shall
communicate to one another the titles and ranks of all the persons mentioned in
Article 4 of the present Convention, in order to ensure equality of treatment
between prisoners of equivalent rank. Titles and ranks which are subsequently
created shall form the subject of similar communications.
The Detaining Power shall recognize promotions in rank which have been
accorded to prisoners of war and which have been duly notified by the Power on
which these prisoners depend.
ART. 44. --- Officers and prisoners of equivalent status shall be treated with the
regard due to their rank and age.
In order to ensure service in officers' camps, other ranks of the same armed forces
who, as far as possible, speak the same language, shall be assigned in sufficient
numbers, account being taken of the rank of officers and prisoners of equivalent
status. Such orderlies shall not be required to perform any other work. Supervision
of the mess by the officers themselves shall be facilitated in every way.
ART. 45. — Prisoners of war other than officers and prisoners of equivalent status
shall be treated with the regard due to their rank and age.
CHAPTER VIII
Transfer of Prisoners of War after their Arrival in Camp
SECTION I
BEGINNING OF CAPTIVITY
Questioning of prisoners
Property of prisoners ART. 17. --- Every prisoner of war, when questioned on the
subject, is bound to give only his surname, first names and rank, date of birth, and
army, regimental, personal or serial number, or failing this, equivalent information.
If he wilfully infringes this rule, he may render himself liable to a restriction of the
privileges accorded to his rank or status. Each Party to a conflict is required to
furnish the persons under its jurisdiction who are liable to become prisoners of
war, with an identity card showing the owner's surname, first names, rank, army,
regimental, personal or serial number or equivalent information, and date of birth.
The identity card may, furthermore, bear the signature or the finger-prints, or both,
of the owner, and may bear, as well, any other information the Party to the conflict
may wish to add concerning persons belonging to its armed forces. As far as
possible the card shall measure 6.5 x 10 cm and shall be issued in duplicate. The
identity card shall be shown by the prisoner of war upon demand, but may in no
case be taken away from him.
No physical or mental torture, nor any other form of coercion, may be inflicted on
prisoners of war to secure from them information of any kind whatever. Prisoners
of war who refuse to answer may not be threatened, insulted, or exposed to any
unpleasant or disadvantageous treatment of any kind.
Prisoners of war who, owing to their physical or mental condition, are unable to
state their identity, shall be handed over to the medical service. The identity of
such prisoners shall be established by all possible means, subject to the provisions
of the preceding paragraph.
The questioning of prisoners of war shall be carried out in a language which they
understand.
Category IV: Majors, lieutenant-colonels, colonels or prisoners of equivalent rank:
sixty Swiss francs.
However, the Parties to the conflict concerned may by special agreement modify
the amount of advances of pay due to prisoners of the preceding categories.
Furthermore, if the amounts indicated in the first paragraph above would be unduly
high compared with the pay of the Detaining Power's armed forces or would, for
any reason, seriously
a) shall continue to credit the accounts of the prisoners with the amounts indicated
in the first paragraph above;
b) may temporarily limit the amount made available from these advances of pay to
prisoners of war for their own use, to sums which are reasonable, but which, for
Category I, shall never be inferior to the amount that the Detaining Power gives to
the members of its own armed forces.
The reasons for any limitations will be given without delay to the Protecting
Power.
Supplement- ART. 61. --- The Detaining Power shall accept for distribution as
tarry pay supplementary pay to prisoners of war sums which the Power on which
the prisoners depend may forward to them, on condition that the sums to be paid
shall be the same for each prisoner of the same category, shall be payable to all
prisoners of that category depending on that Power, and shall be placed in their
separate accounts, at the earliest opportunity, in accordance with the provisions of
Article 64. Such supplementary pay shall not relieve the Detaining Power of any
obligation under this Convention.
ART. 62. --- The situations provided for in Articles 2 and 3 shall give immediate
effect to ratifications deposited and accessions notified by the Parties to the
conflict before or after the beginning of hostilities or occupation. The Swiss
Federal Council shall communicate by the quickest method any ratifications or
accessions received from Parties to the conflict.
ART. 63. --- Each of the High Contracting Parties shall be at liberty to denounce
the present Convention.
The denunciation shall be notified in writing to the Swiss Federal Council, which
shall transmit it to the Governments of all the High Contracting Parties.
The denunciation shall take effect one year after the notification thereof has been
made to the Swiss Federal Council. However, a denunciation of which notification
has been made at a time when the denouncing Power is involved in a conflict shall
not take effect until peace has been concluded, and until after operations connected
with the release and repatriation of the persons protected by the present
Convention have been terminated.
The denunciation shall have effect only in respect of the denouncing Power. It
shall in no way impair the obligations which the Parties to the conflict shall remain
bound to fulfil by virtue of the principles of the law of nations, as they result from
the usages established among civilized peoples, from the laws of humanity and the
dictates of the public conscience.
ART. 64. --- The Swiss Federal Council shall register the present Convention with
the Secretariat of the United Nations. The Swiss Federal Council shall also inform
the Secretariat of the United Nations of all ratifications, accessions and
denunciations received by it with respect to the present Convention. Registration
with the United Nations
ART. 18. --- All effects and articles of personal use, except arms, horses, military
equipment and military documents, shall remain in the possession of prisoners of
war, likewise their metal helmets and
PRISONERS OF WAR
gas masks and like articles issued for personal protection. Effects and articles used
for their clothing or feeding shall likewise remain in their possession, even if such
effects and articles belong to their regulation military equipment.
Badges of rank and nationality, decorations and articles having above all a personal
or sentimental value may not be taken from prisoners of war.
Sums of money carried by prisoners of war may not be taken away from them
except by order of an officer, and after the amount and particulars of the owner
have been recorded in a special register and an itemized receipt has been given,
legibly inscribed with the name, rank and unit of the person issuing the said
receipt. Sums in the currency of the Detaining Power, or which are changed into
such currency at the prisoner's request, shall be placed to the credit of the prisoner's
account as provided in Article 64.
The Detaining Power may withdraw articles of value from prisoners of war only
for reasons of security; when such articles are withdrawn, the procedure laid down
for sums of money impounded shall apply.
Such objects, likewise the sums taken away in any currency other than that of the
Detaining Power and the conversion of which has not been asked for by the
owners, shall be kept in the custody of the Detaining Power and shall be returned
in their initial shape to prisoners of war at the end of their captivity.
Clothing ART. 25. --- Prisoners of war shall be quartered under conditions as
favourable as those for the forces of the Detaining Power who are billeted in the
same area. The said conditions shall make allowance for the habits and customs of
the prisoners and shall in no case be prejudicial to their health.
The premises provided for the use of prisoners of war individually or collectively,
shall be entirely protected from dampness and adequately heated and lighted, in
particular between dusk and lights out. All precautions must be taken against the
danger of fire. In any camps in which women prisoners of war, as well as men, are
accommodated, separate dormitories shall be provided for them.
ART. 26. --- The basic daily food rations shall be sufficient in quantity, quality
and variety to keep prisoners of war in good health and to prevent loss of weight or
the development of nutritional deficiencies. Account shall also be taken of the
habitual diet of the prisoners.
The Detaining Power shall supply prisoners of war who work with such additional
rations as are necessary for the labour on which they are employed.
Sufficient drinking water shall be supplied to prisoners of war. The use of tobacco
shall be permitted.
Prisoners of war shall, as far as possible, be associated with the preparation of their
meals; they may be employed for that purpose in the kitchens. Furthermore, they
shall be given the means of preparing, themselves, the additional food in their
possession. Adequate premises shall be provided for messing.
forwarded to them without delay. The camp commander shall take, in agreement
with the prisoners' representative, any measures needed to ensure the transport of
the prisoners' community property and of the luggage they are unable to take with
them in consequence of restrictions imposed by virtue of the second paragraph of
this Article.
Authorized work ART. 49. --- The Detaining Power may utilize the labour of
prisoners of war who are physically fit, taking into account their age, sex, rank and
physical aptitude, and with a view particularly to maintaining them in a good state
of physical and mental health.
If officers or persons of equivalent status ask for suitable work, it shall be found
for them, so far as possible, but they may in no circumstances be compelled to
work.
ART. 50. --- Besides work connected with camp administration, installation or
maintenance, prisoners of war may be compelled to do only such work as is
included in the following classes:
a) agriculture;
ART. 46. --- The Detaining Power, when deciding upon the transfer of prisoners of
war, shall take into account the interests of the prisoners themselves, more
especially so as not to increase the difficulty of their repatriation.
The Detaining Power shall supply prisoners of war during transfer with sufficient
food and drinking water to keep them in good health, likewise with the necessary
clothing, shelter and medical attention. The Detaining Power shall take adequate
precautions especially in case of transport by sea or by air, to ensure their safety
during transfer, and shall draw up a complete list of all transferred prisoners before
their departure.
ART. 47. --- Sick or wounded prisoners of war shall not be transferred as long as
their recovery may be endangered by the journey, unless their safety imperatively
demands it.
If the combat zone draws closer to a camp, the prisoners of war in the said camp
shall not be transferred unless their transfer can be carried out in adequate
conditions of safety, or if they are exposed to greater risks by remaining on the
spot than by being transferred.
ART. 48. --- In the event of transfer, prisoners of war shall be officially advised of
their departure and of their new postal address. Treatment of other prisoners
Conditions
Such notifications shall be given in time for them to pack their luggage and inform
their next of kin.
shall be required to furnish sufficient assurances that it is in a position to undertake
the appropriate functions and to discharge them impartially.
Conciliation procedure
treatment of prisoners ART.11. --- In cases where they deem it advisable in the
interest of protected persons, particularly in cases of disagreement between the
Parties to the conflict as to the application or interpretation of the provisions of the
present Convention, the Protecting Powers shall lend their good offices with a view
to settling the disagreement.
For this purpose, each of the Protecting Powers may, either at the invitation of one
Party or on its own initiative, propose to the Parties to the conflict a meeting of
their representatives, and in particular of the authorities responsible for prisoners of
war, possibly on neutral territory suitably chosen. The Parties to the conflict shall
be bound to give effect to the proposals made to them for this purpose. The
Protecting Powers may, if necessary, propose for approval by the Parties to the
conflict a person belonging to a neutral Power, or delegated by the International
Committee of the Red Cross, who shall be invited to take part in such a meeting.
PART II
GENERAL PROTECTION OF PRISONERS OF WAR II.
Unsuccessful escape ART.90.-The duration of any single punishment shall in no
case exceed thirty days. Any period of confinement awaiting the hearing of a
disciplinary offence or the award of disciplinary punishment shall be deducted
from an award pronounced against a prisoner of war.
The maximum of thirty days provided above may not be exceeded, even if the
prisoner of war is answerable for several acts at the same time when he is awarded
punishment, whether such acts are related or not.
ART. 91. --- The escape of a prisoner of war shall be deemed to have succeeded
when:
1) he has joined the armed forces of the Power on which he depends, or those of an
allied Power;
2) he has left the territory under the control of the Detaining Power, or of an ally of
the said Power;
3) he has joined a ship flying the flag of the Power on which he depends, or of an
allied Power, in the territorial waters of the Detaining Power, the said ship not
being under the control of the last named Power.
Prisoners of war who have made good their escape in the sense of this Article and
who are recaptured, shall not be liable to any punishment in respect of their
previous escape.
ART. 92. --- A prisoner of war who attempts to escape and is recaptured before
having made good his escape in the sense of Article 91 shall be liable only to a
disciplinary punishment in respect of this act, even if it is a repeated offence.
ART. 27. --- Clothing, underwear and footwear shall be supplied to prisoners of
war in sufficient quantities by the Detaining Power, which shall make allowance
for the climate of the region where the prisoners are detained. Uniforms of enemy
armed forces captured by the Detaining Power should, if suitable for the climate,
be made available to clothe prisoners of war.
The regular replacement and repair of the above articles shall be assured by the
Detaining Power. In addition, prisoners of war who work shall receive appropriate
clothing, wherever the nature of the work demands.
ART. 28. --- Canteens shall be installed in all camps, where prisoners of war may
procure foodstuffs, soap and tobacco and ordinary articles in daily use. The tariff
shall never be in excess of local market prices.
The profits made by camp canteens shall be used for the benefit of the prisoners; a
special fund shall be created for this purpose. The prisoners' representative shall
have the right to collaborate in the management of the canteen and of this fund.
When a camp is closed down, the credit balance of the special fund shall be handed
to an international welfare organization, to be employed for the benefit of prisoners
of war of the same nationality as those who have contributed to the fund. In case of
a general repatriation, such profits shall be kept by the Detaining Power, subject to
any agreement to the contrary between the Powers concerned.
CHAPTER III
Hygiene and Medical Attention
ART. 29. --- The Detaining Power shall be bound to take all sanitary measures
necessary to ensure the cleanliness and healthfulness of camps, and to prevent
epidemics.
Prisoners of war shall have for their use, day and night, conveniences which
conform to the rules of hygiene and are
verify the strict observation of the provisions contained in the present Convention.
Discontinuance of protection
Conditions not depriving hospital ships of protection ART. 32. --- Vessels
described in Articles 22, 24, 25 and 27 are not classed as warships as regards their
stay in a neutral port.
ART. 33. --- Merchant vessels which have been transformed into hospital ships
cannot be put to any other use throughout the duration of hostilities.
ART. 34. --- The protection to which hospital ships and sick-bays are entitled shall
not cease unless they are used to commit, outside their humanitarian duties, acts
harmful to the enemy. Protection may, however, cease only after due warning has
been given, naming in all appropriate cases a reasonable time limit, and after such
warning has remained unheeded.
In particular, hospital ships may not possess or use a secret code for their wireless
or other means of communication.
ART. 35. --- The following conditions shall not be considered as depriving hospital
ships or sick-bays of vessels of the protection due to them:
1) The fact that the crews of ships or sick-bays are armed for the maintenance of
order, for their own defence or that of the sick and wounded.
4) The fact that the humanitarian activities of hospital ships and sick-bays of
vessels or of the crews extend to the care of wounded, sick or shipwrecked
civilians.
ART. 56. --- The organization and administration of labour detachments shall be
similar to those of prisoner of war camps. Every labour detachment shall remain
under the control of and administratively part of a prisoner of war camp. The
military authorities and the commander of the said camp shall be responsible,
under the direction of their government, for the observance of the provisions of the
present Convention in labour detachments.
The camp commander shall keep an up-to-date record of the labour detachments
dependent on his camp, and shall communicate it to the delegates of the Protecting
Power, of the International Committee of the Red Cross, or of other agencies
giving relief to prisoners of war, who may visit the camp.
ART. 57. --- The treatment of prisoners of war who work for private persons, even
if the latter are responsible for guarding and protecting them, shall not be inferior
to that which is provided for by the present Convention. The Detaining Power, the
military
PRISONERS OF WAR
authorities and the commander of the camp to which such prisoners belong shall be
entirely responsible for the maintenance, care, treatment, and payment of the
working pay of such prisoners of war.
Such prisoners of war shall have the right to remain in communication with the
prisoners' representatives in the camps on which they depend.
SECTION IV
FINANCIAL RESOURCES OF PRISONERS OF WAR
ART. 58. --- Upon the outbreak of hostilities, and pending an arrangement on this
matter with the Protecting Power, the Detaining Power may determine the
maximum amount of money in cash or in any similar form, that prisoners may
have in their possession. Any amount in excess, which was properly in their
them news by the ordinary postal route, as well as those who are at a great distance
from their homes, shall be permitted to send telegrams, the fees being charged
against the prisoners of war's accounts with the Detaining Power or paid in the
currency at their disposal. They shall likewise benefit by this measure in cases of
urgency.
Sacks containing prisoner of war mail must be securely sealed and labelled so as
clearly to indicate their contents, and must be addressed to offices of destination.
ART.72. --- Prisoners of war shall be allowed to receive by post or by any other
means individual parcels or collective shipments containing, in particular,
foodstuffs, clothing, medical supplies and articles of a religious, educational or
recreational character which may meet their needs, including books, devotional
articles scientific equipment, examination papers, musical instruments, sports
outfits and materials allowing prisoners of war to pursue their studies or their
cultural activities.
Such shipments shall in no way free the Detaining Power from the obligations
imposed upon it by virtue of the present Convention. The only limits which may be
placed on these shipments shall be those proposed by the Protecting Power in the
interest of the prisoners themselves, or by the International Committee of the Red
Cross or any other organization giving assistance to the prisoners, in respect of
their own shipments only, on account of exceptional strain on transport or
communications.
The conditions for the sending of individual parcels and collective relief shall, if
necessary, be the subject of special agreements
The costs of treatment, including those of any apparatus necessary for the
maintenance of prisoners of war in good health, particularly dentures and other
artificial appliances, and spectacles, shall be borne by the Detaining Power.
Medical inspections
Prisoners engaged
on medical duties ART. 31. --- Medical inspections of prisoners of war shall be
held at least once a month. They shall include the checking and the recording of
the weight of each prisoner of war. Their purpose shall be, in particular, to
supervise the general state of health, nutrition and cleanliness of prisoners and to
detect contagious diseases, especially tuberculosis, malaria and venereal disease.
For this purpose, the most efficient methods available shall be employed, e.g.
periodic mass miniature radiography for the early detection of tuberculosis.
ART. 32. --- Prisoners of war who, though not attached to the medical service of
their armed forces, are physicians, surgeons, dentists, nurses or medical orderlies,
may be required by the Detaining Power to exercise their medical functions in the
interests of prisoners of war dependent on the same Power. In that case they shall
continue to be prisoners of war, but shall receive the same treatment as
corresponding medical personnel retained by the Detaining Power. They shall be
exempted from any other work under Article 49.
CHAPTER IV
Medical Personnel and Chaplains Retained to Assist Prisoners of War
ART. 33. --- Members of the medical personnel and chaplains while retained by
the Detaining Power with a view to assisting prisoners of war, shall not be
considered as prisoners of war. They shall, however, receive as a minimum the
benefits and protection of the present Convention, and shall also be granted all
facilities
ART. 18.--- After each engagement, Parties to the conflict shall, without delay,
take all possible measures to search for and collect the shipwrecked, wounded and
sick, to protect them against pillage and ill-treatment, to ensure their adequate care,
and to search for the dead and prevent their being despoiled.
Whenever circumstances permit, the Parties to the conflict shall conclude local
arrangements for the removal of the wounded and sick by sea from a besieged or
encircled area and for the passage of medical and religious personnel and
equipment on their way to that area.
ART. 19. ---The Parties to the conflict shall record as soon as possible, in respect
of each shipwrecked, wounded, sick or dead person of the adverse Party falling
into their hands, any particulars which may assist in his identification. These
records should if possible include:
c) surname;
e) date of birth;
Parties to the conflict shall prepare and forward to each other through the same
bureau, certificates of death or duly authenticated lists of the dead. They shall
likewise collect and forward through
Hospital ships which, in accordance with Article 31, are provisionally detained by
the enemy, must haul down the flag of the Party to the conflict in whose service
they are or whose direction they have accepted.
Coastal lifeboats, if they continue to operate with the consent of the Occupying
Power from a base which is occupied, may be allowed, when away from their base,
to continue to fly their own national colours along with a flag carrying a red cross
on a white ground, subject to prior notification to all the Parties to the conflict
concerned.
All the provisions in this Article relating to the red cross shall apply equally to the
other emblems mentioned in Article 41. Parties to the conflict shall at all times
endeavour to conclude mutual agreements, in order to use the most modern
methods available to facilitate the identification of hospital ships.
ART. 46. --- Each Party to the conflict, acting through its Commanders-in-Chief,
shall ensure the detailed execution of the preceding Articles and provide for
unforeseen cases, in conformity with the general principles of the present
Convention.
ART. 47. --- Reprisals against the wounded, sick and shipwrecked persons, the
personnel, the vessels or the equipment protected by the Convention are prohibited.
ART. 48. --- The High Contracting Parties undertake, in time of peace as in time of
war, to disseminate the text of the present Convention as widely as possible in their
respective countries, and, in particular, to include the study thereof in their
programmes of military and, if possible, civil instruction, so that the principles
thereof may become known to the entire population, in particular
ART. 8. --- Any Power having recognized one or several hospital zones instituted
by the adverse Party shall be entitled to demand control by one or more Special
Commissions, for the purpose of ascertaining if the zones fulfil the conditions and
obligations stipulated in the present agreement.
For this purpose, the members of the Special Commissions shall at all times have
free access to the various zones and may even reside there permanently. They shall
be given all facilities for their duties of inspection.
ART. 9. --- Should the Special Commissions note any facts which they consider
contrary to the stipulations of the present agreement, they shall at once draw the
attention of the Power governing the said zone to these facts, and shall fix a time
limit of five days within which the matter should be rectified. They shall duly
notify the Power who has recognized the zone.
If, when the time limit has expired, the Power governing the zone has not complied
with the warning, the adverse Party may declare that it is no longer bound by the
present agreement in respect of the said zone.
ART. 10. --- Any Power setting up one or more hospital zones and localities, and
the adverse Parties to whom their existence has been notified, shall nominate or
have nominated by neutral Powers, the persons who shall be members of the
Special Commissions mentioned in Articles 8 and 9.
ART.11. --- In no circumstances may hospital zones be the object of attack. They
shall be protected and respected at all times by the Parties to the conflict.
ART. 12. --- In the case of occupation of a territory, the hospital zones therein shall
continue to be respected and utilized as such.
Notification and
II.
Neutral countries
Tonnage ART. 22. --- Military hospital ships, that is to say, ships built or equipped
by the Powers specially and solely with a view to assisting the wounded, sick and
shipwrecked, to treating them and to transporting them, may in no circumstances
be attacked or captured, but shall at all times be respected and protected, on
condition that their names and descriptions have been notified to the Parties to the
conflict ten days before those ships are employed. The characteristics which must
appear in the notification shall include registered gross tonnage, the length from
stem to stern and the number of masts and funnels.
ART. 23. --- Establishments ashore entitled to the protection of the Geneva
Convention for the Amelioration of the Condition of the Wounded and Sick in
Armed Forces in the Field of August 12, 1949, shall be protected from
bombardment or attack from the sea.
ART. 24. — Hospital ships utilized by National Red Cross Societies, by officially
recognized relief societies or by private persons shall have the same protection as
military hospital ships and shall be exempt from capture, if the Party to the conflict
on which they depend has given them an official commission and in so far as the
provisions of Article 22 concerning notification have been complied with.
These ships must be provided with certificates from the responsible authorities,
stating that the vessels have been under their control while fitting out and on
departure.
independence and impartiality as generally recognized, and, in particular, the
procedure of which does not afford the accused the rights and means of defence
provided for in Article 105.
ART. 85. --- Prisoners of war prosecuted under the laws of the Detaining Power
for acts committed prior to capture shall retain, even if convicted, the benefits of
the present Convention.
ART. 86. --- No prisoner of war may be punished more than once for the same act,
or on the same charge.
PRISONERS OF WAR
ART.87. --- Prisoners of war may not be sentenced by the military authorities and
courts of the Detaining Power to any penalties except those provided for in respect
of members of the armed forces of the said Power who have committed the same
acts. When fixing the penalty, the courts or authorities of the Detaining Power shall
take into consideration, to the widest extent possible, the fact that the accused, not
being a national of the Detaining Power, is not bound to it by any duty of
allegiance, and that he is in its power as the result of circumstances independent of
his own will. The said courts or authorities shall be at liberty to reduce the penalty
provided for the violation of which the prisoner of war is accused, and shall
therefore not be bound to apply the minimum penalty prescribed.
ART. 88. --- Officers, non-commissioned officers and men who are prisoners of
war undergoing a disciplinary or judicial punishment, shall not be subjected to
more severe treatment than
ART. 2. — In addition to the provisions which shall be implemented in peacetime,
the present Convention shall apply to all cases of declared war or of any other
armed conflict which may arise between two or more of the High Contracting
Parties, even if the state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation of the
territory of a High Contracting Party, even if the said occupation meets with no
armed resistance.
Although one of the Powers in conflict may not be a party to the present
Convention, the Powers who are parties thereto shall remain bound by it in their
mutual relations. They shall furthermore be bound by the Convention in relation to
the said Power, if the latter accepts and applies the provisions thereof. ART. 3. In
the case of armed conflict not of an international character occurring in the
territory of one of the High Contracting Parties, each Party to the conflict shall be
bound to apply, as a minimum, the following provisions:
those placed hors de combat by sickness, wounds, detention, or any other cause,
shall in all circumstances be treated humanely, without any adverse distinction
founded on race, colour, religion or faith, sex, birth or wealth, or any other similar
criteria.
To this end, the following acts are and shall remain prohibited at any time and in
any place whatsoever with respect to the above- mentioned persons:
a) violence to life and person, in particular murder of all kinds, mutilation, cruel
treatment and torture;
b) taking of hostages;
CHAPTER III
Penal and Disciplinary Sanctions
I. General Provisions
Applicable legislation
"Non bias in idem" ART. 82. — A prisoner of war shall be subject to the laws,
regulations and orders in force in the armed forces of the Detaining Power; the
Detaining Power shall be justified in taking judicial or disciplinary measures in
respect of any offence committed by a prisoner of war against such laws,
regulations or orders. However, no proceedings or punishments contrary to the
provisions of this Chapter shall be allowed.
If any law, regulation or order of the Detaining Power shall declare acts committed
by a prisoner of war to be punishable, whereas the same acts would not be
punishable if committed by a member of the forces of the Detaining Power, such
acts shall entail disciplinary punishments only.
Only those prisoners of war who, owing to wounds or sickness, would run greater
risks by being evacuated than by remaining where they are, may be temporarily
kept back in a danger zone. Prisoners of war shall not be unnecessarily exposed to
danger while awaiting evacuation from a fighting zone.
ART. 20. ---The evacuation of prisoners of war shall always be effected humanely
and in conditions similar to those for the forces of the Detaining Power in their
changes of station.
The Detaining Power shall supply prisoners of war who are being evacuated with
sufficient food and potable water, and with the necessary clothing and medical
attention. The Detaining Power shall take all suitable precautions to ensure their
safety during Evacuation of prisoners
Conditions of evacuation
evacuation, and shall establish as soon as possible a list of the prisoners of war
who are evacuated.
If prisoners of war must, during evacuation, pass through transit camps, their stay
in such camps shall be as brief as possible.
SECTION II
INTERNMENT OF PRISONERS OF WAR
CHAPTER I
General Observations
c) They shall be far removed and free from all military objectives, or large
industrial or administrative establishments.
d) They shall not be situated in areas which, according to every probability, may
become important for the conduct of the war.
a) The lines of communication and means of transport which they possess shall not
be used for the transport of military personnel or material, even in transit.
ART.6. --- Hospital zones shall be marked by means of red crosses (red crescents,
red lions and suns) on a white background placed on the outer precincts and on the
buildings. They may be similarly marked at night by means of appropriate
illumination.
If, however, the adverse Party considers that the conditions of the present
agreement have not been fulfilled, it may refuse to recognize the zone by giving
immediate notice thereof to the Party responsible for the said zone, or may make
its recognition of such zone dependent upon the institution of the control provided
for in Article 8.
and small craft
All hospital ships shall make themselves known by hoisting their national flag and
further, if they belong to a neutral state, the flag of the Party to the conflict whose
direction they have accepted. A white flag with a red cross shall be flown at the
mainmast as high as possible.
Lifeboats of hospital ships, coastal lifeboats and all small craft used by the Medical
Service shall be painted white with dark red crosses prominently displayed and
shall, in general, comply with the identification system prescribed above for
hospital ships.
Prevention of misuse ART. 44. --- The distinguishing signs referred to in Article
43 can only be used, whether in time of peace or war, for indicating or protecting
the ships therein mentioned, except as may be provided in any other international
Convention or by agreement between all the Parties to the conflict concerned.
ART.45. --- The High Contracting Parties shall, if their legislation is not already
adequate, take the measures necessary for the prevention and repression, at all
times, of any abuse of the distinctive signs provided for under Article 43.
The above-mentioned ships and craft, which may wish to ensure by night and in
times of reduced visibility the protection to which they are entitled, must, subject
to the assent of the Party to the conflict under whose power they are, take the
necessary measures to render their painting and distinctive emblems sufficiently
apparent.
IN WITNESS WHEREOF the undersigned, having deposited their respective full
powers, have signed the present Convention.
DONE at Geneva this twelfth day of August 1949, in the English and French
languages. The original shall be deposited in the Archives of the Swiss
Confederation. The Swiss Federal Council shall transmit certified copies thereof to
each of the signatory and acceding States.
ANNEX I
DRAFT AGREEMENT RELATING TO HOSPITAL ZONES
AND LOCALITIES
ARTICLE 1. — Hospital zones shall be strictly reserved for the persons named in
Article 23 of the Geneva Convention for the Amelioration of the Condition of the
Wounded and Sick in the Armed Forces in the Field of August 12, 1949, and for
the personnel entrusted with the organization and administration of these zones and
localities, and with the care of the persons therein assembled.
Nevertheless, persons whose permanent residence is within such zones shall have
the right to stay there.
ART. 3. --- The Power establishing a hospital zone shall take all necessary
measures to prohibit access to all persons who have no right of residence or entry
therein.
a) They shall comprise only a small part of the territory governed by the Power
which has established them.
militias or volunteer corps, including such organized resistance movements, fulfil
the following conditions:
d) that of conducting their operations in accordance with the laws and customs of
war.
4) Persons who accompany the armed forces without actually being members
thereof, such as civilian members of military aircraft crews, war correspondents,
supply contractors, members of labour units or of services responsible for the
welfare of the armed forces, provided that they have received authorization from
the armed forces which they accompany.
ART. 14. — All warships of a belligerent Party shall have the right to demand that
the wounded, sick or shipwrecked on board military hospital ships, and hospital
ships belonging to relief societies or to private individuals, as well as merchant
vessels,
5) The transport of equipment and of personnel intended exclusively for medical
duties, over and above the normal requirements.
ART. 36. — The religious, medical and hospital personnel of hospital ships and
their crews shall be respected and protected; they may not be captured during the
time they are in the service of the hospital ship, whether or not there are wounded
and sick on board.
If, however, it proves necessary to retain some of this personnel owing to the
medical or spiritual needs of prisoners of war, everything possible shall be done for
their earliest possible landing. Retained personnel shall be subject, on landing, to
the provisions of the Geneva Convention for the Amelioration of the Condition of
the Wounded and Sick in Armed Forces in the Field of August 12, 1949.
CHAPTER V
Medical Transports
ART. 38. --- Ships chartered for that purpose shall be authorized to transport
equipment exclusively intended for the treatment of wounded and sick members of
armed forces or for the prevention
aforesaid Power through the Protecting Power, a notification giving all the
necessary particulars concerning the prisoners of war, the beneficiaries of the
payments, and the amount of the sums to be paid, expressed in the Detaining
Power's currency. The said notification shall be signed by the prisoners and
countersigned by the camp commander. The Detaining Power shall debit the
prisoners' account by a corresponding amount; the sums thus debited shall be
placed by it to the credit of the Power on which the prisoners depend.
To apply the foregoing provisions, the Detaining Power may usefully consult the
Model Regulations in Annex V of the present Convention. Working pay
Transfer of funds
Winding up of accounts
ART. 64. --- The Detaining Power shall hold an account for each prisoner of war,
showing at least the following:
2) The payments made to the prisoner in cash, or in any other similar form; the
payments made on his behalf and at his request; the sums transferred under Article
63, third paragraph.
ART.65. --- Every item entered in the account of a prisoner of war shall be
countersigned or initialled by him, or by the prisoners' representative acting on his
behalf.
Prisoners of war shall at all times be afforded reasonable facilities for consulting
and obtaining copies of their accounts, which may
The denunciation shall be notified in writing to the Swiss Federal Council, which
shall transmit it to the Governments of all the High Contracting Parties.
The denunciation shall take effect one year after the notification thereof has been
made to the Swiss Federal Council. However, a denunciation of which notification
has been made at a time when the denouncing Power is involved in a conflict shall
not take effect until peace has been concluded, and until after operations connected
with the release and repatriation of the persons protected by the present
Convention have been terminated.
The denunciation shall have effect only in respect of the denouncing Power. It
shall in no way impair the obligations which the Parties to the conflict shall remain
bound to fulfil by virtue of the principles of the law of nations, as they result from
the usages established among civilized peoples, from the laws of humanity and the
dictates of the public conscience.
ART. 63. --- The Swiss Federal Council shall register the present Convention with
the Secretariat of the United Nations. The Swiss Federal Council shall also inform
the Secretariat of the United Nations of all ratifications, accessions and
denunciations received by it with respect to the present Convention.
DONE at Geneva this twelfth day of August 1949, in the English and French
languages. The original shall be deposited in the Archives of the Swiss
Confederation. The Swiss Federal Council shall transmit certified copies thereof to
each of the signatory and acceding States.
4) Confinement.
A prisoner of war who is recaptured shall be handed over without delay to the
competent military authority.
ART. 93. --- Escape or attempt to escape, even if it is a repeated offence, shall not
be deemed an aggravating circumstance if the prisoner of war is subjected to trial
by judicial proceedings in respect of an offence committed during his escape or
attempt to escape.
Prisoners of war who aid or abet an escape or an attempt to escape shall be liable
on this count to disciplinary punishment only.
ART. 94. --- If an escaped prisoner of war is recaptured, the Power on which he
depends shall be notified thereof in the manner defined in Article 122, provided
notification of his escape has been made.
ART.12. --- Prisoners of war are in the hands of the enemy Power, but not of the
individuals or military units who have captured them. Irrespective of the individual
responsibilities that may exist, the Detaining Power is responsible for the treatment
given them.
Prisoners of war may only be transferred by the Detaining Power to a Power which
is a party to the Convention and after the Detaining Power has satisfied itself of the
willingness and ability of such transferee Power to apply the Convention. When
prisoners of
PRISONERS OF WAR
war is transferred under such circumstances, responsibility for the application of
the Convention rests on the Power accepting them while they are in its custody.
Nevertheless, if that Power fails to carry out the provisions of the Convention in
any important respect, the Power by whom the prisoners of war were transferred
shall, upon being notified by the Protecting Power, take effective measures to
correct the situation or shall request the return of the prisoners of war. Such
requests must be complied with.
ART. 13. --- Prisoners of war must at all times be humanely treated. Any unlawful
act or omission by the Detaining Power causing death or seriously endangering the
health of a prisoner of war in its custody is prohibited, and will be regarded as a
serious breach of the present Convention. In particular, no prisoner of war may be
subjected to physical mutilation or to medical or scientific experiments of any kind
which are not justified by the medical, dental or hospital treatment of the prisoner
concerned and carried out in his interest.
Likewise, prisoners of war must at all times be protected, particularly against acts
of violence or intimidation and against insults and public curiosity.
ART. 14. --- Prisoners of war are entitled in all circumstances to respect for their
persons and their honour.
Women shall be treated with all the regard due to their sex and shall in all cases
benefit by treatment as favourable as that granted to men.
Prisoners of war shall retain the full civil capacity which they enjoyed at the time
of their capture. The Detaining Power may not restrict the exercise, either within or
without its own territory, of the rights such capacity confers except in so far as the
captivity requires.
ART. 15. --- The Power detaining prisoners of war shall be bound to provide free
of charge for their maintenance and for the medical attention required by their state
of health.
ART.16. --- Taking into consideration the provisions of the present Convention
relating to rank and sex, and subject to any privileged treatment which may be
accorded to them by reason of their state of health, age or professional
qualifications, all prisoners of war shall be treated alike by the Detaining Power,
without any adverse distinction based on race, nationality, religious belief or
political opinions, or any other distinction founded on similar criteria. Humane
treatment of prisoners
Maintenance of prisoners
Equality of treatment
PART III
CAPTIVITY
prisoners of war belonging to the armed forces with which they were serving at the
time of their capture, except with their consent. ART. 23. No prisoner of war may
at any time be sent to, or detained in areas where he may be exposed to the fire of
the combat zone, nor may his presence be used to render certain points or areas
immune from military operations.
Prisoners of war shall have shelters against air bombardment and other hazards of
war, to the same extent as the local civilian population. With the exception of those
engaged in the protection of their quarters against the aforesaid hazards, they may
enter such shelters as soon as possible after the giving of the alarm. Any other
protective measure taken in favour of the population shall also apply to them.
Detaining Powers shall give the Powers concerned, through the intermediary of the
Protecting Powers, all useful information regarding the geographical location of
prisoner of war camps. Whenever military considerations permit, prisoner of war
camps shall be indicated in the day-time by the letters PW or PG, placed so as to
be clearly visible from the air. The Powers concerned may, however, agree upon
any other system of marking. Only prisoner of war camps shall be marked as such.
ART.24. --- Transit or screening camps of a permanent kind shall be fitted out
under conditions similar to those described in the present Section, and the prisoners
therein shall have the same treatment as in other camps. Places and conditions of
internment Security of prisoners
CHAPTER II
Quarters, Food and Clothing of Prisoners of War
Quarters
Food
ART. 29. --- Any hospital ship in a port which falls into the hands of the enemy
shall be authorized to leave the said port.
ART. 30. --- The vessels described in Articles 22, 24, 25 and 27 shall afford relief
and assistance to the wounded, sick and shipwrecked without distinction of
nationality.
The High Contracting Parties undertake not to use these vessels for any military
purpose.
During and after an engagement, they will act at their own risk.
ART. 31. --- The Parties to the conflict shall have the right to control and search
the vessels mentioned in Articles 22, 24, 25 and 27. They can refuse assistance
from these vessels, order them off, make them take a certain course, control the use
of their wireless and other means of communication, and even detain them for a
period not exceeding seven days from the time of interception, if the gravity of the
circumstances so requires.
They may put a commissioner temporarily on board whose sole task shall be to see
that orders given in virtue of the provisions of the preceding paragraph are carried
out. Coastal rescue craft Protection of sick-bays
ART. 59. --- Cash which was taken from prisoners of war, in accordance with
Article 18, at the time of their capture, and which is in the currency of the
Detaining Power, shall be placed to their separate accounts, in accordance with the
provisions of Article 64 of the present Section.
The amounts, in the currency of the Detaining Power, due to the conversion of
sums in other currencies that are taken from the prisoners of war at the same time,
shall also be credited to their separate accounts.
ART. 60. --- The Detaining Power shall grant all prisoners of war a monthly
advance of pay, the amount of which shall be fixed by Ready money
Advances of pay
amounts:
Category III: Warrant officers and commissioned officers below the rank of major
or prisoners of equivalent rank: fifty Swiss francs.
d) the passing of sentences and the carrying out of executions without previous
judgment pronounced by a regularly constituted court, affording all the judicial
guarantees which are recognized as indispensable by civilized peoples.
2) The wounded, sick and shipwrecked shall be collected and cared for.
Committee of the Red Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by means
of special agreements, all or part of the other
The application of the preceding provisions shall not affect the legal status of the
Parties to the conflict.
ART. 4. --- In case of hostilities between land and naval forces of Parties to the
conflict, the provisions of the present Convention shall apply only to forces on
board ship.
Forces put ashore shall immediately become subject to the provisions of the
Geneva Convention for the Amelioration of the Condition of the Wounded and
Sick in Armed Forces in the Field of August 12, 1949.
ART. 5. --- Neutral Powers shall apply by analogy the provisions of the present
Convention to the wounded, sick and shipwrecked, and to members of the medical
personnel and to chaplains of the armed forces of the Parties to the conflict
received or interned in their territory, as well as to dead persons found. Field of
application
No renunciation of rights
Protecting
between two or more of the High Contracting Parties, even if the state of war is not
recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation of the
territory of a High Contracting Party, even if the said occupation meets with no
armed resistance.
Although one of the Powers in conflict may not be a party to the present
Convention, the Powers who are parties thereto shall remain bound by it in their
mutual relations. They shall furthermore be bound by the Convention in relation to
the said Power, if the latter accepts and applies the provisions thereof.
ART. 3. --- In the case of armed conflict not of an international Conflicts character
occurring in the territory of one of the High Contracting not of an
To this end, the following acts are and shall remain prohibited at any time and in
any place whatsoever with respect to the above- mentioned persons:
a) violence to life and person, in particular murder of all kinds, mutilation, cruel
treatment and torture;
b) taking of hostages;
Each High Contracting Party shall take measures necessary for the suppression of
all acts contrary to the provisions of the present Convention other than the grave
breaches defined in the following Article.
In all circumstances, the accused persons shall benefit by safeguards of proper trial
and defence, which shall not be less favourable than those provided by Article 105
and those following of the Geneva Convention relative to the Treatment of
Prisoners of War of August 12, 1949.
II.
Grave breaches
III.
Responsibilities of the
Contracting
Parties
ART. 51. --- Grave breaches to which the preceding Article relates shall be those
involving any of the following acts, if committed against persons or property
protected by the Convention: wilful killing, torture or inhuman treatment,
including biological experiments, wilfully causing great suffering or serious injury
to body or health, and extensive destruction and appropriation of property, not
justified by military necessity and carried out unlawfully and wantonly.
ART. 52. --- No High Contracting Party shall be allowed to absolve itself or any
other High Contracting Party of any liability incurred by itself or by another High
Contracting Party in respect of breaches referred to in the preceding Article.
ART. 53. --- At the request of a Party to the conflict, an enquiry shall be instituted,
in a manner to be decided between the interested Parties, concerning any alleged
violation of the Convention.
A record shall be drawn up of the deposit of each instrument of ratification and
certified copies of this record shall be transmitted Prevention of misuse
Languages Signature
Ratification
Accession
Notification of accessions
Immediate effect
Denunciation ART. 58. --- The present Convention shall come into force six
months after not less than two instruments of ratification have been deposited.
Thereafter, it shall come into force for each High Contracting Party six months
after the deposit of the instrument of ratification.
ART. 59. --- The present Convention replaces the Conventions of August 22, 1864,
July 6, 1906 and July 27, 1929, in relations between the High Contracting Parties.
ART.60. --- From the date of its coming into force, it shall be open to any Power in
whose name the present Convention has not been signed, to accede to this
Convention.
ART. 61. --- Accessions shall be notified in writing to the Swiss Federal Council,
and shall take effect six months after the date on which they are received.
The Swiss Federal Council shall communicate the accessions to all the Powers in
whose name the Convention has been signed, or whose accession has been
notified.
between the Powers concerned, which may in no case delay the receipt by the
prisoners of relief supplies. Books may not be included in parcels of clothing and
foodstuffs. Medical supplies shall, as a rule, be sent in collective parcels.
ART. 73. --- In the absence of special agreements between the Powers concerned
on the conditions for the receipt and distribution of collective relief shipments, the
rules and regulations concerning collective shipments, which are annexed to the
present Convention, shall be applied.
The special agreements referred to above shall in no case restrict the right of
prisoners 'representatives to take possession of collective relief shipments intended
for prisoners of war, to proceed to their distribution or to dispose of them in the
interest of the prisoners.
Nor shall such agreements restrict the right of representatives of the Protecting
Power, the International Committee of the Red Cross or any other organization
giving assistance to prisoners of war and responsible for the forwarding of
collective shipments, to supervise their distribution to the recipients.
ART. 74. — All relief shipments for prisoners of war shall be exempt from import,
customs and other dues.
I.
General principles
II.
Collective relief
Exemption
transport charges
to the armed fighting forces, the medical personnel and the chaplains.
ART. 49. — The High Contracting Parties shall communicate to one another
through the Swiss Federal Council and, during hostilities, through the Protecting
Powers, the official translations of the present Convention, as well as the laws and
regulations which they may adopt to ensure the application thereof.
CHAPTER VIII
Repression of Abuses and Infractions
ART.50. --- The High Contracting Parties undertake to enact any legislation
necessary to provide effective penal sanctions for persons committing, or ordering
to be committed, any of the grave breaches of the present Convention defined in
the following Article.
Each High Contracting Party shall be under the obligation to search for persons
alleged to have committed, or to have ordered to be committed, such grave
breaches, and shall bring such persons, regardless of their nationality, before its
own courts. It may also, if it Detailed execution. Unforeseen cases
Prohibition of reprisals
Dissemination of the
Convention
Penal sanctions
I.
General observations
1) A fine which shall not exceed 50 per cent of the advances of pay and working
pay which the prisoner of war would otherwise receive under the provisions of
Articles 60 and 62 during a period of not more than thirty days. Penalties
Execution of penalties
General observations
I.
Forms of punishment
2) Discontinuance of privileges granted over and above the treatment provided for
by the present Convention.
II.
Duration of punishments
Escapes
I.
Successful escape
conflict concerned, undertake for the protection of prisoners of war and for their
relief.
ART. 10. --- The High Contracting Parties may at any time agree to entrust to an
organization which offers all guarantees of impartiality and efficacy the duties
incumbent on the Protecting Powers by virtue of the present Convention.
When prisoners of war do not benefit or cease to benefit, no matter for what
reason, by the activities of a Protecting Power or of an organization provided for in
the first paragraph above, the Detaining Power shall request a neutral State, or such
an organization, to undertake the functions performed under the present
Convention by a Protecting Power designated by the Parties to a conflict.
Any neutral Power or any organization invited by the Power concerned or offering
itself for these purposes, shall be required to act with a sense of responsibility
towards the Party to the conflict on which persons protected by the present
Convention depend, and Protecting
Powers
Activities of the
Powers
c) outrages upon personal dignity, in particular, humiliating and degrading
treatment;
d) the passing of sentences and the carrying out of executions without previous
judgment pronounced by a regularly constituted court affording all the judicial
guarantees which are recognized as indispensable by civilized peoples.
Committee of the Red Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by means
of special agreements, all or part of the other provisions of the present Convention.
The application of the preceding provisions shall not affect the legal status of the
Parties to the conflict.
Prisoners ART. 4.-A. Prisoners of war, in the sense of the present of war
Convention, are persons belonging to one of the following categories, who have
fallen into the power of the enemy: 1) Members of the armed forces of a Party to
the conflict as well as members of militias or volunteer corps forming part of such
armed forces.
PRISONERS OF WAR
ART. 58. --- The present Convention replaces the TX Hague Convention of
October 18, 1907, for the adaptation to Maritime Warfare of the principles of the
Geneva Convention of 1906, in relations between the High Contracting Parties.
ART.59. --- From the date of its coming into force, it shall be open to any Power in
whose name the present Convention has not been signed, to accede to this
Convention.
ART. 60. --- Accessions shall be notified in writing to the Swiss Federal Council,
and shall take effect six months after the date on which they are received.
The Swiss Federal Council shall communicate the accessions to all the Powers in
whose name the Convention has been signed, or whose accession has been
notified.
ART. 61. --- The situations provided for in Articles 2 and 3 shall give immediate
effect to ratifications deposited and accessions notified by the Parties to the
conflict before or after the beginning of hostilities or occupation. The Swiss
Federal Council shall communicate by the quickest method any ratifications or
accessions received from Parties to the conflict. Signature Ratification
Accession
Notification of accessions
Immediate
effect
United Nations
ART. 62. --- Each of the High Contracting Parties shall be at liberty to denounce
the present Convention.
SECTION VI
RELATIONS BETWEEN PRISONERS OF WAR
AND THE AUTHORITIES
CHAPTER I
Complaints of Prisoners of War
ART. 78. --- Prisoners of war shall have the right to make known to the military
authorities in whose power they are, their requests regarding the conditions of
captivity to which they are subjected. Censorship and examination Preparation,
execution and transmission of legal documents Complaints and requests
They shall also have the unrestricted right to apply to the representatives of the
Protecting Powers either through their prisoners' representative or, if they consider
it necessary, direct, in order to draw their attention to any points on which they
may have complaints to make regarding their conditions of captivity. These
requests and complaints shall not be limited nor considered to be a part of the
correspondence quota referred to in Article 71. They must be transmitted
immediately. Even if they are recognized to be unfounded, they may not give rise
to any punishment.
Prisoners' representative may send periodic reports on the situation in the camps
and the needs of the prisoners of war to the representatives of the Protecting
Powers.
CHAPTER II
Prisoner of War Representatives
Election ART. 79. — In all places where there are prisoners of war, except in those
where there are officers, the prisoners shall