Geneva Convention relative to the Treatment of Prisoners of War
Adopted on 12 August 1949 by the Diplomatic Conference for the Establishment
International Conventions for the Protection of Victims of War, held
from 21 April to 12 August, 1949
entry into force 21 October
The High Contracting Parties undertake to respect and to ensure
respect for the present Convention in all circumstances.
In addition to the provisions which shall be implemented in
peace time, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise
between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or
total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance.
Although one of the Powers in conflict may not be a party
to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall
furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.
In the case of armed conflict not of an international character
occurring in the territory of one of the High Contracting Parties, each party to the conflict shall be bound to apply, as
a minimum, the following provisions:
1. Persons taking no active part in the hostilities, including
members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any
other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion
or faith, sex, birth or wealth, or any other similar criteria.
To this end the following acts are and shall remain prohibited
at any time and in any place whatsoever with respect to the above-mentioned persons:
(a) Violence to life and person, in particular murder of all
kinds, mutilation, cruel treatment and torture;
(b) Taking of hostages;
(c) Outrages upon personal dignity, in particular, humiliating
and degrading treatment;
(d) The passing of sentences and the carrying out of executions
without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized
as indispensable by civilized peoples.
2. The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International
Committee of the Red Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring
into force, by means of special agreements, all or part of the other provisions of the present Convention.
The application of the preceding provisions shall not affect
the legal status of the Parties to the conflict.
A. Prisoners of war, in the sense of the present Convention,
are persons belonging to one of the following categories, who have fallen into the power of the enemy:
1. Members of the armed forces of a Party to the conflict
as well as members of militias or volunteer corps forming part of such armed forces.
2. Members of other militias and members of other volunteer
corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside
their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized
resistance movements, fulfil the following conditions:
(a) That of being commanded by a person responsible for his
(b) That of having a fixed distinctive sign recognizable at
(c) That of carrying arms openly;
(d) That of conducting their operations in accordance with
the laws and customs of war.
3. Members of regular armed forces who profess allegiance
to a government or an authority not recognized by the Detaining Power.
4. Persons who accompany the armed forces without actually
being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members
of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization
from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed
5. Members of crews, including masters, pilots and apprentices,
of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable
treatment under any other provisions of international law.
6. Inhabitants of a non-occupied territory, who on the approach
of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular
armed units, provided they carry arms openly and respect the laws and customs of war.
B. The following shall likewise be treated as prisoners of
war under the present Convention:
1. Persons belonging, or having belonged, to the armed forces
of the occupied country, if the occupying Power considers it necessary by reason of such allegiance to intern them, even though
it has originally liberated them while hostilities were going on outside the territory it occupies, in particular where such
persons have made an unsuccessful attempt to rejoin the armed forces to which they belong and which are engaged in combat,
or where they fail to comply with a summons made to them with a view to internment.
2. The persons belonging to one of the categories enumerated
in the present Article, who have been received by neutral or non-belligerent Powers on their territory and whom these Powers
are required to intern under international law, without prejudice to any more favourable treatment which these Powers may
choose to give and with the exception of Articles 8, 10, 15, 30, fifth paragraph, 58-67, 92, 126 and, where diplomatic relations
exist between the Parties to the conflict and the neutral or non-belligerent Power concerned, those Articles concerning the
Protecting Power. Where such diplomatic relations exist, the Parties to a conflict on whom these persons depend shall be allowed
to perform towards them the functions of a Protecting Power as provided in the present Convention, without prejudice to the
functions which these Parties normally exercise in conformity with diplomatic and consular usage and treaties.
C. This Article shall in no way affect the status of medical
personnel and chaplains as provided for in Article 33 of the present Convention.
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
In addition to the agreements expressly provided for in Articles
10, 23, 28, 33, 60, 65, 66, 67, 72, 73, 75, 109, 110, 118, 119, 122 and 132, the High Contracting Parties may conclude other
special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement
shall adversely affect the situation of prisoners of war, as defined by the present Convention, nor restrict the rights which
it confers upon them.
Prisoners of war shall continue to have the benefit of such
agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained
in the aforesaid or in subsequent agreements, or where more favourable measures have been taken with regard to them by one
or other of the Parties to the conflict.
Prisoners of war may in no circumstances renounce in part
or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing
Article, if such there be.
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.
The provisions of the present Convention constitute no obstacle
to the humanitarian activities which the International Committee of the Red Cross or any other impartial humanitarian organization
may, subject to the consent of the Parties to the conflict concerned, undertake for the protection of prisoners of war and
for their relief.
The High Contracting Parties may at any time agree to entrust
to an organization which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers
by virtue of the present Convention.
When prisoners of war do not benefit or cease to benefit,
no matter for what reason, by the activities of a Protecting Power or of an organization provided for in the first paragraph
above, the Detaining Power shall request a neutral State, or such an organization, to undertake the functions performed under
the present Convention by a Protecting Power designated by the Parties to a conflict.
If protection cannot be arranged accordingly, the Detaining
Power shall request or shall accept, subject to the provisions of this Article, the offer of the services of a humanitarian
organization, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting
Powers under the present Convention.
Any neutral Power or any organization invited by the Power
concerned or offering itself for these purposes, shall be required to act with a sense of responsibility towards the Party
to the conflict on which persons protected by the present Convention depend, and shall be required to furnish sufficient assurances
that it is in a position to undertake the appropriate functions and to discharge them impartially.
No derogation from the preceding provisions shall be made
by special agreements between Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other
Power or its allies by reason of military events, more particularly where the whole, or a substantial part, of the territory
of the said Power is occupied.
Whenever in the present Convention mention is made of a Protecting
Power, such mention applies to substitute organizations in the sense of the present Article.
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
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.
GENERAL PROTECTION OF PRISONERS OF WAR
Prisoners of war are in the hands of the enemy Power, but
not of the individuals or military units who have captured them. Irrespective of the individual responsibilities that may
exist, the Detaining Power is responsible for the treatment given them.
Prisoners of war may only be transferred by the Detaining
Power to a Power which is a party to the Convention and after the Detaining Power has satisfied itself of the willingness
and ability of such transferee Power to apply the Convention. When prisoners of war are transferred under such circumstances,
responsibility for the application of the Convention rests on the Power accepting them while they are in its custody.
Nevertheless if that Power fails to carry out the provisions
of the Convention in any important respect, the Power by whom the prisoners of war were transferred shall, upon being notified
by the Protecting Power, take effective measures to correct the situation or shall request the return of the prisoners of
war. Such requests must be complied with.
Prisoners of war must at all times be humanely treated. Any
unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in
its custody is prohibited, and will be regarded as a serious breach of the present Convention. In particular, no prisoner
of war may be subjected to physical mutilation or to medical or scientific experiments of any kind which are not justified
by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest.
Likewise, prisoners of war must at all times be protected,
particularly against acts of violence or intimidation and against insults and public curiosity.
Measures of reprisal against prisoners of war are prohibited.
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.
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.
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
BEGINNING OF CAPTIVITY
Every prisoner of war, when questioned on the subject, is
bound to give only his surname, first names and rank, date of birth, and army, regimental, personal or serial number, or failing
this, equivalent information. If he wilfully infringes this rule, he may render himself liable to a restriction of the privileges
accorded to his rank or status.
Each Party to a conflict is required to furnish the persons
under its jurisdiction who are liable to become prisoners of war, with an identity card showing the owner's surname, first
names, rank, army, regimental, personal or serial number or equivalent information, and date of birth. The identity card may,
furthermore, bear the signature or the fingerprints, or both, of the owner, and may bear, as well, any other information the
Party to the conflict may wish to add concerning persons belonging to its armed forces. As far as possible the card shall
measure 6.5 x 10 cm. and shall be issued in duplicate. The identity card shall be shown by the prisoner
of war upon demand, but may in no case be taken away from him.
No physical or mental torture, nor any other form of coercion,
may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to
answer may not be threatened, insulted, or exposed to 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.
All effects and articles of personal use, except arms, horses,
military equipment and military documents shall remain in the possession of prisoners of war, likewise their metal helmets
and gas masks and like articles issued for personal protection. Effects and articles used for their clothing or feeding shall
likewise remain in their possession, even if such effects and articles belong to their regulation military equipment.
At no time should prisoners of war be without identity documents.
The Detaining Power shall supply such documents to prisoners of war who possess none.
Badges of rank and nationality, decorations and articles having
above all a personal or sentimental value may not be taken from prisoners of war.
Sums of money carried by prisoners of war may not be taken
away from them except by order of an officer, and after the amount and particulars of the owner have been recorded in a special
register and an itemized receipt has been given, legibly inscribed with the name, rank and unit of the person issuing the
said receipt. Sums in the currency of the Detaining Power, or which are changed into such currency at the prisoner's request,
shall be placed to the credit of the prisoner's account as provided in Article 64.
The Detaining Power may withdraw articles of value from prisoners
of war only for reasons of security; when such articles are withdrawn, the procedure laid down for sums of money impounded
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.
Prisoners of war shall be evacuated, as soon as possible after
their capture, to camps situated in an area far enough from the combat zone for them to be out of danger.
Only those prisoners of war who, owing to wounds or sickness,
would run greater risks by being evacuated than by remaining where they are, may be temporarily kept back in a danger zone.
Prisoners of war shall not be unnecessarily exposed to danger
while awaiting evacuation from a fighting zone.
The evacuation of prisoners of war shall always be effected
humanely and in conditions similar to those for the forces of the Detaining Power in their changes of station.
The Detaining Power shall supply prisoners of war who are
being evacuated with sufficient food and potable water, and with the necessary clothing and medical attention. The Detaining
Power shall take all suitable precautions to ensure their safety during evacuation, and shall establish as soon as possible
a list of the prisoners of war who are evacuated.
If prisoners of war must, during evacuation, pass through
transit camps, their stay in such camps shall be as brief as possible.
INTERNMENT OF PRISONERS OF WAR
The Detaining Power may subject prisoners of war to internment.
It may impose on them the obligation of not leaving, beyond certain limits, the camp where they are interned, or if the said
camp is fenced in, of not going outside its perimeter. Subject to the provisions of the present Convention relative to penal
and disciplinary sanctions, prisoners of war may not be held in close confinement except where necessary to safeguard their
health and then only during the continuation of the circumstances which make such confinement necessary.
Prisoners of war may be partially or wholly released on parole
or promise, in so far as is allowed by the laws of the Power on which they depend. Such measures shall be taken particularly
in cases where this may contribute to the improvement of their state of health. No prisoner of war shall be compelled to accept
liberty on parole or promise.
Upon the outbreak of hostilities, each Party to the conflict
shall notify the adverse Party of the laws and regulations allowing or forbidding its own nationals to accept liberty on parole
or promise. Prisoners of war who are paroled or who have given their promise in conformity with the laws and regulations so
notified, are bound on their personal honour scrupulously to fulfil, both towards the Power on which they depend and towards
the Power which has captured them, the engagements of their paroles or promises. In such cases, the Power on which they depend
is bound neither to require nor to accept from them any service incompatible with the parole or promise given.
Prisoners of war may be interned only in premises located
on land and affording every guarantee of hygiene and healthfulness. Except in particular cases which are justified by the
interest of the prisoners themselves, they shall not be interned in penitentiaries.
Prisoners of war interned in unhealthy areas, or where the
climate is injurious for them, shall be removed as soon as possible to a more favourable climate.
The Detaining Power shall assemble prisoners of war in camps
or camp compounds according to their nationality, language and customs, provided that such prisoners shall not be separated
from prisoners of war belonging to the armed forces with which they were serving at the time of their capture, except with
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.
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.
QUARTERS, FOOD AND CLOTHING OF PRISONERS
Prisoners of war shall be quartered under conditions as favourable
as those for the forces of the Detaining Power who are billeted in the same area. The said conditions shall make allowance
for the habits and customs of the prisoners and shall in no case be prejudicial to their health.
The foregoing provisions shall apply in particular to the
dormitories of prisoners of war as regards both total surface and minimum cubic space, and the general installations, bedding
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.
The basic daily food rations shall be sufficient in quantity,
quality and variety to keep prisoners of war in good health and to prevent loss of weight or the development of nutritional
deficiencies. Account shall also be taken of the habitual diet of the prisoners.
The Detaining Power shall supply prisoners of war who work
with such additional rations as are necessary for the labour on which they are employed.
Sufficient drinking water shall be supplied to prisoners of
war. The use of tobacco shall be permitted.
Prisoners of war shall, as far as possible, be associated
with the preparation of their meals; they may be employed for that purpose in the kitchens. Furthermore, they shall be given
the means of preparing, themselves, the additional food in their possession.
Adequate premises shall be provided for messing.
Collective disciplinary measures affecting food are prohibited.
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.
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.
HYGIENE AND MEDICAL ATTENTION
The Detaining Power shall be bound to take all sanitary measures
necessary to ensure the cleanliness and healthfulness of camps and to prevent epidemics.
Prisoners of war shall have for their use, day and night,
conveniences which conform to the rules of hygiene and are maintained in a constant state of cleanliness. In any camps in
which women prisoners of war are accommodated, separate conveniences shall be provided for them.
Also, apart from the baths and showers with which the camps
shall be furnished, prisoners of war shall be provided with sufficient water and soap for their personal toilet and for washing
their personal laundry; the necessary installations, facilities and time shall be granted them for that purpose.
Every camp shall have an adequate infirmary where prisoners
of war may have the attention they require, as well as appropriate diet. Isolation wards shall, if necessary, be set aside
for cases of contagious or mental disease.
Prisoners of war suffering from serious disease, or whose
condition necessitates special treatment, a surgical operation or hospital care, must be admitted to any military or civilian
medical unit where such treatment can be given, even if their repatriation is contemplated in the near future. Special facilities
shall be afforded for the care to be given to the disabled, in particular to the blind, and for their rehabilitation, pending
Prisoners of war shall have the attention, preferably, of
medical personnel of the Power on which they depend and, if possible, of their nationality.
Prisoners of war may not be prevented from presenting themselves
to the medical authorities for examination. The detaining authorities shall, upon request, issue to every prisoner who has
undergone treatment, an official certificate indicating the nature of his illness or injury, and the duration and kind of
treatment received. A duplicate of this certificate shall be forwarded to the Central Prisoners of War Agency.
The costs of treatment, including those of any apparatus necessary
for the maintenance of prisoners of war in good health, particularly dentures and other artificial appliances, and spectacles,
shall be borne by the Detaining Power.
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.
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.
MEDICAL PERSONNEL AND CHAPLAINS RETAINED
TO ASSIST PRISONERS OF WAR
Members of the medical personnel and chaplains while retained
by the Detaining Power with a view to assisting prisoners of war, shall not be considered as prisoners of war. They shall,
however, receive as a minimum the benefits and protection of the present Convention, and shall also be granted all facilities
necessary to provide for the medical care of, and religious inistration to, prisoners of war.
They shall continue to exercise their medical and spiritual
functions for the benefit of prisoners of war, preferably those belonging to the armed forces upon which they depend, within
the scope of the military laws and regulations of the Detaining Power and under the control of its competent services, in
accordance with their professional etiquette. They shall also benefit by the following facilities in the exercise of their
medical or spiritual functions:
(a) They shall be authorized to visit periodically prisoners
of war situated in working detachments or in hospitals outside the camp. For this purpose, the Detaining Power shall place
at their disposal the necessary means of transport.
(b) The senior medical officer in each camp shall be responsible
to the camp military authorities for everything connected with the activities of retained medical personnel. For this purpose,
Parties to the conflict shall agree at the outbreak of hostilities on the subject of the corresponding ranks of the medical
personnel, including that of societies mentioned in Article 26 of the Geneva Convention for the Amelioration of the Condition
of the Wounded and Sick in Armed Forces in the Field of August 12, 1949. This senior medical officer, as well as chaplains,
shall have the right to deal with the competent authorities of the camp on all questions relating to their duties. Such authorities
shall afford them all necessary facilities for correspondence relating to these questions.
(c) Although they shall be subject to the internal discipline
of the camp in which they are retained, such personnel may not be compelled to carry out any work other than that concerned
with their medical or religious duties.
During hostilities, the Parties to the conflict shall agree
concerning the possible relief of retained personnel and shall settle the procedure to be followed.
None of the preceding provisions shall relieve the Detaining
Power of its obligations with regard to prisoners of war from the medical or spiritual point of view.
RELIGIOUS, INTELLECTUAL AND PHYSICAL ACTIVITIES
Prisoners of war shall enjoy complete latitude in the exercise
of their religious duties, including attendance at the service of their faith, on condition that they comply with the disciplinary
routine prescribed by the military authorities.
Adequate premises shall be provided where religious services
may be held.
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.
Prisoners of war who are ministers of religion, without having
officiated as chaplains to their own forces, shall be at liberty, whatever their denomination, to minister freely to the members
of their community. For this purpose, they shall receive the same treatment as the chaplains retained by the Detaining Power.
They shall not be obliged to do any other work.
When prisoners of war have not the assistance of a retained
chaplain or of a prisoner of war minister of their faith, a minister belonging to the prisoners' or a similar denomination,
or in his absence a qualified layman, if such a course is feasible from a confessional point of view, shall be appointed,
at the request of the prisoners concerned, to fill this office. This appointment, subject to the approval of the Detaining
Power, shall take place with the agreement of the community of prisoners concerned and, wherever necessary, with the approval
of the local religious authorities of the same faith. The person thus appointed shall comply with all regulations established
by the Detaining Power in the interests of discipline and military security.
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.
Every prisoner of war camp shall be put under the immediate
authority of a responsible commissioned officer belonging to the regular armed forces of the Detaining Power. Such officer
shall have in his possession a copy of the present Convention; he shall ensure that its provisions are known to the camp staff
and the guard and shall be responsible, under the direction of his government, for its application.
Prisoners of war, with the exception of officers, must salute
and show to all officers of the Detaining Power the external marks of respect provided for by the regulations applying in
their own forces.
Officer prisoners of war are bound to salute only officers
of a higher rank of the Detaining Power; they must, however, salute the camp commander regardless of his rank.
The wearing of badges of rank and nationality, as well as
of decorations, shall be permitted.
In every camp the text of the present Convention and its Annexes
and the contents of any special agreement provided for in Article 6, shall be posted, in the prisoners' own language, at places
where all may read them. Copies shall be supplied, on request, to the prisoners who cannot have access to the copy which has
Regulations, orders, notices and publications of every kind
relating to the conduct of prisoners of war shall be issued to them in a language which they understand. Such regulations,
orders and publications shall be posted in the manner described above and copies shall be handed to the prisoners' representative.
Every order and command addressed to prisoners of war individually must likewise be given in a language which they understand.
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.
RANK OF PRISONERS OF WAR
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.
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
Supervision of the mess by the officers themselves shall be
facilitated in every way.
Prisoners of war other than officers and prisoners of equivalent
status shall be treated with the regard due to their rank and age.
Supervision of the mess by the prisoners themselves shall
be facilitated in every way.
TRANSFER OF PRISONERS OF WAR AFTER THEIR
ARRIVAL IN CAMP
The Detaining Power, when deciding upon the transfer of prisoners
of war, shall take into account the interests of the prisoners themselves, more especially so as not to increase the difficulty
of their repatriation.
The transfer of prisoners of war shall always be effected
humanely and in conditions not less favourable than those under which the forces of the Detaining Power are transferred. Account
shall always be taken of the climatic conditions to which the prisoners of war are accustomed and the conditions of transfer
shall in no case be prejudicial to their health.
The Detaining Power shall supply prisoners of war during transfer
with sufficient food and drinking water to keep them in good health, likewise with the necessary clothing, shelter and medical
attention. The Detaining Power shall take adequate precautions especially in case of transport by sea or by air, to ensure
their safety during transfer, and shall draw up a complete list of all transferred prisoners before their departure.
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.
In the event of transfer, prisoners of war shall be officially
advised of their departure and of their new postal address. Such notifications shall be given in time for them to pack their
luggage and inform their next of kin.
They shall be allowed to take with them their personal effects,
and the correspondence and parcels which have arrived for them. The weight of such baggage may be limited, if the conditions
of transfer so require, to what each prisoner can reasonably carry, which shall in no case be more than twenty-five kilograms
Mail and parcels addressed to their former camp shall be forwarded
to them without delay. The camp commander shall take, in agreement with the prisoners' representative, any measures needed
to ensure the transport of the prisoners' community property and of the luggage they are unable to take with them in consequence
of restrictions imposed by virtue of the second paragraph of this Article.
The costs of transfers shall be borne by the Detaining Power.
LABOUR OF PRISONERS OF WAR
The Detaining Power may utilize the labour of prisoners of
war who are physically fit, taking into account their age, sex, rank and physical aptitude, and with a view particularly to
maintaining them in a good state of physical and mental health.
Non-commissioned officers who are prisoners of war shall only
be required to do supervisory work. Those not so required may ask for other suitable work which shall, so far as possible,
be found for them.
If officers or persons of equivalent status ask for suitable
work, it shall be found for them, so far as possible, but they may in no circumstances be compelled to work.
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:
(b) Industries connected with the production or the extraction
of raw materials, and manufacturing industries, with the exception of metallurgical, machinery and chemical industries; public
works and building operations which have no military character or purpose;
(c) Transport and handling of stores which are not military
in character or purpose;
(d) Commercial business, and arts and crafts;
(e) Domestic service;
(f) Public utility services having no military character or
Should the above provisions be infringed, prisoners of war
shall be allowed to exercise their right of complaint, in conformity with Article 78.
Prisoners of war must be granted suitable working conditions,
especially as regards accommodation, food, clothing and equipment; such conditions shall not be inferior to those enjoyed
by nationals of the Detaining Power employed in similar work; account shall also be taken of climatic conditions.
The Detaining Power, in utilizing the labour of prisoners
of war, shall ensure that in areas in which prisoners are employed, the national legislation concerning the protection of
labour, and, more particularly, the regulations for the safety of workers, are duly applied.
Prisoners of war shall receive training and be provided with
the means of protection suitable to the work they will have to do and similar to those accorded to the nationals of the Detaining
Power. Subject to the provisions of Article 52, prisoners may be submitted to the normal risks run by these civilian workers.
Conditions of labour shall in no case be rendered more arduous
by disciplinary measures.
Unless he be a volunteer, no prisoner of war may be employed
on labour which is of an unhealthy or dangerous nature.
No prisoner of war shall be assigned to labour which would
be looked upon as humiliating for a member of the Detaining Power's own forces.
The removal of mines or similar devices shall be considered
as dangerous labour.
The duration of the daily labour of prisoners of war, including
the time of the journey to and fro, shall not be excessive, and must in no case exceed that permitted for civilian workers
in the district, who are nationals of the Detaining Power and employed on the same work.
Prisoners of war must be allowed, in the middle of the day's
work, a rest of not less than one hour. This rest will be the same as that to which workers of the Detaining Power are entitled,
if the latter is of longer duration. They shall be allowed in addition a rest of twenty-four consecutive hours every week,
preferably on Sunday or the day of rest in their country of origin. Furthermore, every prisoner who has worked for one year
shall be granted a rest of eight consecutive days, during which his working pay shall be paid him.
If methods of labour such as piece-work are employed, the
length of the working period shall not be rendered excessive thereby.
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.
The fitness of prisoners of war for work shall be periodically
verified by medical examinations at least once a month. The examinations shall have particular regard to the nature of the
work which prisoners of war are required to do.
If any prisoner of war considers himself incapable of working, he shall be permitted to appear before the medical authorities
of his camp. Physicians or surgeons may recommend that the prisoners who are, in their opinion, unfit for work, be exempted
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
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.
The treatment of prisoners of war who work for private persons,
even if the latter are responsible for guarding and protecting them, shall not be inferior to that which is provided for by
the present Convention. The Detaining Power, the military authorities and the commander of the camp to which such prisoners
belong shall be entirely responsible for the maintenance, care, treatment, and payment of the working pay of such prisoners
Such prisoners of war shall have the right to remain in communication
with the prisoners' representatives in the camps on which they depend.
FINANCIAL RESOURCES OF PRISONERS OF WAR
Upon the outbreak of hostilities, and pending an arrangement
on this matter with the Protecting Power, the Detaining Power may determine the maximum amount of money in cash or in any
similar form, that prisoners may have in their possession. Any amount in excess, which was properly in their possession and
which has been taken or withheld from them, shall be placed to their account, together with any monies deposited by them,
and shall not be converted into any other currency without their consent.
If prisoners of war are permitted to purchase services or
commodities outside the camp against payment in cash, such payments shall be made by the prisoner himself or by the camp administration
who will charge them to the accounts of the prisoners concerned. The Detaining Power will establish the necessary rules in
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.
The Detaining Power shall grant all prisoners of war a monthly
advance of pay, the amount of which shall be fixed by conversion, into the currency of the said Power, of the following amounts:
Category I: Prisoners ranking below sergeant: eight Swiss
Category II: Sergeants and other non-commissioned officers,
or prisoners of equivalent rank: twelve Swiss francs.
Category III: Warrant officers and commissioned officers below
the rank of major or prisoners of equivalent rank: fifty Swiss francs.
Category IV: Majors, lieutenant-colonels, colonels or prisoners
of equivalent rank: sixty Swiss francs.
Category V: General officers or prisoners of equivalent rank:
seventy-five Swiss francs.
However, the Parties to the conflict concerned may by special
agreement modify the amount of advances of pay due to prisoners of the preceding categories.
Furthermore, if the amounts indicated in the first paragraph
above would be unduly high compared with the pay of the Detaining Power's armed forces or would, for any reason, seriously
embarrass the Detaining Power, then, pending the conclusion of a special agreement with the Power on which the prisoners depend
to vary the amounts indicated above, the Detaining Power:
(a) Shall continue to credit the accounts of the prisoners
with the amounts indicated in the first paragraph above;
(b) May temporarily limit the amount made available from these
advances of pay to prisoners of war for their own use, to sums which are reasonable, but which, for Category I, shall never
be inferior to the amount that the Detaining Power gives to the members of its own armed forces.
The reasons for any limitations will be given without delay
to the Protecting Power.
The Detaining Power shall accept for distribution as supplementary
pay to prisoners of war sums which the Power on which the prisoners depend may forward to them, on condition that the sums
to be paid shall be the same for each prisoner of the same category, shall be payable to all prisoners of that category depending
on that Power, and shall be placed in their separate accounts, at the earliest opportunity, in accordance with the provisions
of Article 64. Such supplementary pay shall not relieve the Detaining Power of any obligation under this Convention.
Prisoners of war shall be paid a fair working rate of pay
by the detaining authorities direct. The rate shall be fixed by the said authorities, but shall at no time be less than one-fourth
of one Swiss franc for a full working day. The Detaining Power shall inform prisoners of war, as well as the Power on which
they depend, through the intermediary of the Protecting Power, of the rate of daily working pay that it has fixed.
Working pay shall likewise be paid by the detaining authorities
to prisoners of war permanently detailed to duties or to a skilled or semi-skilled occupation in connection with the administration,
installation or maintenance of camps, and to the prisoners who are required to carry out spiritual or medical duties on behalf
of their comrades.
The working pay of the prisoners' representative, of his advisers,
if any, and of his assistants, shall be paid out of the fund maintained by canteen profits. The scale of this working pay
shall be fixed by the prisoners' representative and approved by the camp commander. If there is no such fund, the detaining
authorities shall pay these prisoners a fair working rate of pay.
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 dependants shall
be given priority.
In any event, and subject to the consent of the Power on which
they depend, prisoners may have payments made in their own country, as follows: the Detaining Power shall send to the aforesaid
Power through the Protecting Power a notification giving all the necessary particulars concerning the prisoners of war, the
beneficiaries of the payments, and the amount of the sums to be paid, expressed in the Detaining Power's currency. The said
notification shall be signed by the prisoners and countersigned by the camp commander. The Detaining Power shall debit the
prisoners' account by a corresponding amount; the sums thus debited shall be placed by it to the credit of the Power on which
the prisoners depend.
To apply the foregoing provisions, the Detaining Power may
usefully consult the Model Regulations in Annex V of the present Convention.
The Detaining Power shall hold an account for each prisoner
of war, showing at least the following:
1. The amounts due to the prisoner or received by him as advances
of pay, as working pay or derived from any other source; the sums in the currency of the Detaining Power which were taken
from him; the sums taken from him and converted at his request into the currency of the said Power.
2. The payments made to the prisoner in cash, or in any other
similar form; the payments made on his behalf and at his request; the sums transferred under Article 63, third paragraph.
Every item entered in the account of a prisoner of war shall
be countersigned or initialled by him, or by the prisoners' representative acting on his behalf.
Prisoners of war shall at all times be afforded reasonable
facilities for consulting and obtaining copies of their accounts, which may likewise be inspected by the representatives of
the Protecting Powers at the time of visits to the camp.
When prisoners of war are transferred from one camp to another,
their personal accounts will follow them. In case of transfer from one Detaining Power to another, the monies which are their
property and are not in the currency of the Detaining Power will follow them. They shall be given certificates for any other
monies standing to the credit of their accounts.
The Parties to the conflict concerned may agree to notify
to each other at specific intervals through the Protecting Power, the amount of the accounts of the prisoners of war.
On the termination of captivity, through the release of a
prisoner of war or his repatriation, the Detaining Power shall give him a statement, signed by an authorized officer of that
Power, showing the credit balance then due to him. The Detaining Power shall also send through the Protecting Power to the
government upon which the prisoner of war depends, lists giving all appropriate particulars of all prisoners of war whose
captivity has been terminated by repatriation, release, escape, death or any other means, and showing the amount of their
credit balances. Such lists shall be certified on each sheet by an authorized representative of the Detaining Power.
Any of the above provisions of this Article may be varied
by mutual agreement between any two Parties to the conflict.
The Power on which the prisoner of war depends shall be responsible
for settling with him any credit balance due to him from the Detaining Power on the termination of his captivity.
Advances of pay, issued to prisoners of war in conformity
with Article 60, shall be considered as made on behalf of the Power on which they depend. Such advances of pay, as well as
all payments made by the said Power under Article 63, third paragraph, and Article 68, shall form the subject of arrangements
between the Powers concerned, at the close of hostilities.
Any claim by a prisoner of war for compensation in respect
of any injury or other disability arising out of work shall be referred to the Power on which he depends, through the Protecting
Power. In accordance with Article 54, the Detaining Power will, in all cases, provide the prisoner of war concerned with a
statement showing the nature of the injury or disability, the circumstances in which it arose and particulars of medical or
hospital treatment given for it. This statement will be signed by a responsible officer of the Detaining Power and the medical
particulars certified by a medical officer.
Any claim by a prisoner of war for compensation in respect
of personal effects, monies or valuables impounded by the Detaining Power under Article 18 and not forthcoming on his repatriation,
or in respect of loss alleged to be due to the fault of the Detaining Power or any of its servants, shall likewise be referred
to the Power on which he depends. Nevertheless, any such personal effects required for use by the prisoners of war whilst
in captivity shall be replaced at the expense of the Detaining Power. The Detaining Power will, in all cases, provide the
prisoner of war with a statement, signed by a responsible officer, showing all available information regarding the reasons
why such effects, monies or valuables have not been restored to him. A copy of this statement will be forwarded to the Power
on which he depends through the Central Prisoners of War Agency provided for in Article 123.
RELATIONS OF PRISONERS OF WAR WITH THE
Immediately upon prisoners of war falling into its power,
the Detaining Power shall inform them and the Powers on which they depend, through the Protecting Power, of the measures taken
to carry out the provisions of the present Section. They shall likewise inform the parties concerned of any subsequent modifications
of such measures.
Immediately upon capture, or not more than one week after
arrival at a camp, even if it is a transit camp, likewise in case of sickness or transfer to hospital or another camp, every
prisoner of war shall be enabled to write direct to his family, on the one hand, and to the Central Prisoners of War Agency
provided for in Article 123, on the other hand, a card similar, if possible, to the model annexed to the present Convention,
informing his relatives of his capture, address and state of health. The said cards shall be forwarded as rapidly as possible
and may not be delayed in any manner.
Prisoners of war shall be allowed to send and receive letters
and cards. If the Detaining Power deems it necessary to limit the number of letters and cards sent by each prisoner of war,
the said number shall not be less than two letters and four cards monthly, exclusive of the capture cards provided for in
Article 70, and conforming as closely as possible to the models annexed to the present Convention. Further limitations may
be imposed only if the Protecting Power is satisfied that it would be in the interests of the prisoners of war concerned to
do so owing to difficulties of translation caused by the Detaining Power's inability to find sufficient qualified linguists
to carry out the necessary censorship. If limitations must be placed on the correspondence addressed to prisoners of war,
they may be ordered only by the Power on which the prisoners depend, possibly at the request of the Detaining Power. Such
letters and cards must be conveyed by the most rapid method at the disposal of the Detaining Power; they may not be delayed
or retained for disciplinary reasons.
Prisoners of war who have been without news for a long period,
or who are unable to receive news from their next of kin or to give them news by the ordinary postal route, as well as those
who are at a great distance from their homes, shall be permitted to send telegrams, the fees being charged against the prisoners
of war's accounts with the Detaining Power or paid in the currency at their disposal. They shall likewise benefit by this
measure in cases of urgency.
As a general rule, the correspondence of prisoners of war
shall be written in their native language. The Parties to the conflict may allow correspondence in other languages.
Sacks containing prisoner of war mail must be securely sealed
and labelled so as clearly to indicate their contents, and must be addressed to offices of destination.
Prisoners of war shall be allowed to receive by post or by
any other means individual parcels or collective shipments containing, in particular, foodstuffs, clothing, medical supplies
and articles of a religious, educational or recreational character which may meet their needs, including books, devotional
articles, scientific equipment, examination papers, musical instruments, sports outfits and materials allowing prisoners of
war to pursue their studies or their cultural activities.
Such shipments shall in no way free the Detaining Power from
the obligations imposed upon it by virtue of the present Convention.
The only limits which may be placed on these shipments shall
be those proposed by the Protecting Power in the interest of the prisoners themselves, or by the International Committee of
the Red Cross or any other organization giving assistance to the prisoners, in respect of their own shipments only, on account
of exceptional strain on transport or communications.
The conditions for the sending of individual parcels and collective
relief shall, if necessary, be the subject of special agreements between the Powers concerned, which may in no case delay
the receipt by the prisoners of relief supplies. Books may not be included in parcels of clothing and foodstuffs. Medical
supplies shall, as a rule, be sent in collective parcels.
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.
All relief shipments for prisoners of war shall be exempt
from import, customs and other dues.
Correspondence, relief shipments and authorized remittances
of money addressed to prisoners of war or despatched by them through the post office, either direct or through the Information
Bureaux provided for in Article 122 and the Central Prisoners of War Agency provided for in Article 123, shall be exempt from
any postal dues, both in the countries of origin and destination, and in intermediate countries.
If relief shipments intended for prisoners of war cannot be
sent through the post office by reason of weight or for any other cause, the cost of transportation shall be borne by the
Detaining Power in all the territories under its control. The other Powers party to the Convention shall bear the cost of
transport in their respective territories.
In the absence of special agreements between the Parties concerned,
the costs connected with transport of such shipments, other than costs covered by the above exemption, shall be charged to
The 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.
Should military operations prevent the Powers concerned from
fulfilling their obligation to assure the transport of the shipments referred to in Articles 70, 71, 72 and 77, the Protecting
Powers concerned, the International Committee of the Red Cross or any other organization duly approved by the Parties to the
conflict may undertake to ensure the conveyance of such shipments by suitable means (railway wagons, motor vehicles, vessels
or aircraft, etc.). For this purpose, the High Contracting Parties shall endeavour to supply them with such transport and
to allow its circulation, especially by granting the necessary safe-conducts.
Such transport may also be used to convey:
(a) Correspondence, lists and reports exchanged between the
Central Information Agency referred to in Article 123 and the National Bureaux referred to in Article 122;
(b) Correspondence and reports relating to prisoners of war
which the Protecting Powers, the International Committee of the Red Cross or any other body assisting the prisoners, exchange
either with their own delegates or with the Parties to the conflict.
These provisions in no way detract from the right of any Party
to the conflict to arrange other means of transport, if it should so prefer, nor preclude the granting of safe-conducts, under
mutually agreed conditions, to such means of transport.
In the absence of special agreements, the costs occasioned
by the use of such means of transport shall be borne proportionally by the Parties to the conflict whose nationals are benefited
The censoring of correspondence addressed to prisoners of
war or despatched by them shall be done as quickly as possible. Mail shall be censored only by the despatching State and the
receiving State, and once only by each.
The examination of consignments intended for prisoners of
war shall not be carried out under conditions that will expose the goods contained in them to deterioration; except in the
case of written or printed matter, it shall be done in the presence of the addressee, or of a fellow-prisoner duly delegated
by him. The delivery to prisoners of individual or collective consignments shall not be delayed under the pretext of difficulties
Any prohibition of correspondence ordered by Parties to the
conflict, either for military or political reasons, shall be only temporary and its duration shall be as short as possible.
The Detaining Powers shall provide all facilities for the
transmission, through the Protecting Power or the Central Prisoners of War Agency provided for in Article 123, of instruments,
papers or documents intended for prisoners of war or despatched by them, especially powers of attorney and wills.
In all cases they shall facilitate the preparation and execution
of such documents on behalf of prisoners of war; in particular, they shall allow them to consult a lawyer and shall take what
measures are necessary for the authentication of their signatures.
RELATIONS BETWEEN PRISONERS OF WAR AND
COMPLAINTS OF PRISONERS OF WAR RESPECTING
THE CONDITIONS OF CAPTIVITY
Prisoners of war shall have the right to make known to the
military authorities in whose power they are, their requests regarding the conditions of captivity to which they are subjected.
They shall also have the unrestricted right to apply to the
representatives of the Protecting Powers either through their prisoners' representative or, if they consider it necessary,
direct, in order to draw their attention to any points on which they may have complaints to make regarding their conditions
These requests and complaints shall not be limited nor considered
to be a part of the correspondence quota referred to in Article 71. They must be transmitted immediately. Even if they are
recognized to be unfounded, they may not give rise to any punishment.
Prisoners' representatives may send periodic reports on the
situation in the camps and the needs of the prisoners of war to the representatives of the Protecting Powers.
PRISONER OF WAR REPRESENTATIVES
In all places where there are prisoners of war, except in
those where there are officers, the prisoners shall freely elect by secret ballot, every six months, and also in case of vacancies,
prisoners' representatives entrusted with representing them before the military authorities, the Protecting Powers, the International
Committee of the Red Cross and any other organization which may assist them. These prisoners' representatives shall be eligible
In camps for officers and persons of equivalent status or
in mixed camps, the senior officer among the prisoners of war shall be recognized as the camp prisoners' representative. In
camps for officers, he shall be assisted by one or more advisers chosen by the officers; in mixed camps, his assistants shall
be chosen from among the prisoners of war who are not officers and shall be elected by them.
Officer prisoners of war of the same nationality shall be
stationed in labour camps for prisoners of war, for the purpose of carrying out the camp administration duties for which the
prisoners of war are responsible. These officers may be elected as prisoners' representatives under the first paragraph of
this Article. In such a case the assistants to the prisoners' representatives shall be chosen from among those prisoners of
war who are not officers.
Every representative elected must be approved by the Detaining
Power before he has the right to commence his duties. Where the Detaining Power refuses to approve a prisoner of war elected
by his fellow prisoners of war, it must inform the Protecting Power of the reason for such refusal.
In all cases the prisoners' representative must have the same
nationality, language and customs as the prisoners of war whom he represents. Thus, prisoners of war distributed in different
sections of a camp, according to their nationality, language or customs, shall have for each section their own prisoners'
representative, in accordance with the foregoing paragraphs.
Prisoners' representatives shall further the physical, spiritual
and intellectual well-being of prisoners of war.
In particular, where the prisoners decide to organize amongst
themselves a system of mutual assistance, this organization will be within the province of the prisoners' representative,
in addition to the special duties entrusted to him by other provisions of the present Convention.
Prisoners' representatives shall not be held responsible,
simply by reason of their duties, for any offences committed by prisoners of war.
Prisoners' representatives shall not be required to perform
any other work, if the accomplishment of their duties is thereby made more difficult.
Prisoners' representatives may appoint from amongst the prisoners
such assistants as they may require. All material facilities shall be granted them, particularly a certain freedom of movement
necessary for the accomplishment of their duties (inspection of labour detachments, receipt of supplies, etc.).
Prisoners' representatives shall be permitted to visit premises
where prisoners of war are detained, and every prisoner of war shall have the right to consult freely his prisoners' representative.
All facilities shall likewise be accorded to the prisoners'
representatives for communication by post and telegraph with the detaining authorities, the Protecting Powers, the International
Committee of the Red Cross and their delegates, the Mixed Medical Commissions and with the bodies which give assistance to
prisoners of war. Prisoners' representatives of labour detachments shall enjoy the same facilities for communication with
the prisoners' representatives of the principal camp. Such communications shall not be restricted, nor considered as forming
a part of the quota mentioned in Article 71.
Prisoners' representatives who are transferred shall be allowed
a reasonable time to acquaint their successors with current affairs.
In case of dismissal, the reasons therefor shall be communicated
to the Protecting Power.
PENAL AND DISCIPLINARY SANCTIONS
I. General provisions
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.
In deciding whether proceedings in respect of an offence alleged
to have been committed by a prisoner of war shall be judicial or disciplinary, the Detaining Power shall ensure that the competent
authorities exercise the greatest leniency and adopt, wherever possible, disciplinary rather than judicial measures.
A prisoner of war shall be tried only by a military court,
unless the existing laws of the Detaining Power expressly permit the civil courts to try a member of the armed forces of the
Detaining Power in respect of the particular offence alleged to have been committed by the prisoner of war.
In no circumstances whatever shall a prisoner of war be tried
by a court of any kind which does not offer the essential guarantees of independence and impartiality as generally recognized,
and, in particular, the procedure of which does not afford the accused the rights and means of defence provided for in Article
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.
No prisoner of war may be punished more than once for the
same act, or on the same charge.
Prisoners of war may not be sentenced by the military authorities
and courts of the Detaining Power to any penalties except those provided for in respect of members of the armed forces of
the said Power who have committed the same acts.
When fixing the penalty, the courts or authorities of the
Detaining Power shall take into consideration, to the widest extent possible, the fact that the accused, not being a national
of the Detaining Power, is not bound to it by any duty of allegiance, and that he is in its power as the result of circumstances
independent of his own will. The said courts or authorities shall be at liberty to reduce the penalty provided for the violation
of which the prisoner of war is accused, and shall therefore not be bound to apply the minimum penalty prescribed.
Collective punishment for individual acts, corporal punishments,
imprisonment in premises without daylight and, in general, any form of torture or cruelty, are forbidden.
No prisoner of war may be deprived of his rank by the Detaining
Power, or prevented from wearing his badges.
Officers, non-commissioned officers and men who are prisoners
of war undergoing a disciplinary or judicial punishment, shall not be subjected to more severe treatment than that applied
in respect of the same punishment to members of the armed forces of the Detaining Power of equivalent rank.
A woman prisoner of war shall not be awarded or sentenced
to a punishment more severe, or treated whilst undergoing punishment more severely, than a woman member of the armed forces
of the Detaining Power dealt with for a similar offence.
In no case may a woman prisoner of war be awarded or sentenced
to a punishment more severe, or treated whilst undergoing punishment more severely, than a male member of the armed forces
of the Detaining Power dealt with for a similar offence.
Prisoners of war who have served disciplinary or judicial
sentences may not be treated differently from other prisoners of war.
II. Disciplinary sanctions
The disciplinary punishments applicable to prisoners of war
are the following:
1. A fine which shall not exceed 50 per cent
of the advances of pay and working pay which the prisoner of war would otherwise receive under the provisions of Articles
60 and 62 during a period of not more than thirty days.
2. Discontinuance of privileges granted over and above the
treatment provided for by the present Convention.
3. Fatigue duties not exceeding two hours daily.
The punishment referred to under (3) shall not be applied
In no case shall disciplinary punishments be inhuman, brutal
or dangerous to the health of prisoners of war.
The duration of any single punishment shall in no case exceed
thirty days. Any period of confinement awaiting the hearing of a disciplinary offence or the award of disciplinary punishment
shall be deducted from an award pronounced against a prisoner of war.
The maximum of thirty days provided above may not be exceeded,
even if the prisoner of war is answerable for several acts at the same time when he is awarded punishment, whether such acts
are related or not.
The period between the pronouncing of an award of disciplinary
punishment and its execution shall not exceed one month.
When a prisoner of war is awarded a further disciplinary punishment,
a period of at least three days shall elapse between the execution of any two of the punishments, if the duration of one of
these is ten days or more.
The escape of a prisoner of war shall be deemed to have succeeded
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.
A prisoner of war who attempts to escape and is recaptured
before having made good his escape in the sense of Article 91 shall be liable only to a disciplinary punishment in respect
of this act, even if it is a repeated offence.
A prisoner of war who is recaptured shall be handed over without
delay to the competent military authority.
Article 88, fourth paragraph, notwithstanding, prisoners of
war punished as a result of an unsuccessful escape may be subjected to special surveillance. Such surveillance must not affect
the state of their health, must be undergone in a prisoner of war camp, and must not entail the suppression of any of the
safeguards granted them by the present Convention.
Escape or attempt to escape, even if it is a repeated offence,
shall not be deemed an aggravating circumstance if the prisoner of war is subjected to trial by judicial proceedings in respect
of an offence committed during his escape or attempt to escape.
In conformity with the principle stated in Article 83, offences
committed by prisoners of war with the sole intention of facilitating their escape and which do not entail any violence against
life or limb, such as offences against public property, theft without intention of self-enrichment, the drawing up or use
of false papers, the wearing of civilian clothing, shall occasion disciplinary punishment only.
Prisoners of war who aid or abet an escape or an attempt to
escape shall be liable on this count to disciplinary punishment only.
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
A prisoner of war accused of an offence against discipline
shall not be kept in confinement pending the hearing unless a member of the armed forces of the Detaining Power would be so
kept if he were accused of a similar offence, or if it is essential in the interests of camp order and discipline.
Any period spent by a prisoner of war in confinement awaiting
the disposal of an offence against discipline shall be reduced to an absolute minimum and shall not exceed fourteen days.
The provisions of Articles 97 and 98 of this Chapter shall
apply to prisoners of war who are in confinement awaiting the disposal of offences against discipline.
Acts which constitute offences against discipline shall be
Without prejudice to the competence of courts and superior
military authorities, disciplinary punishment may be ordered only by an officer having disciplinary powers in his capacity
as camp commander, or by a responsible officer who replaces him or to whom he has delegated his disciplinary powers.
In no case may such powers be delegated to a prisoner of war
or be exercised by a prisoner of war.
Before any disciplinary award is pronounced, the accused shall
be given precise information regarding the offences of which he is accused, and given an opportunity of explaining his conduct
and of defending himself. He shall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the
services of a qualified interpreter. The decision shall be announced to the accused prisoner of war and to the prisoners'
A record of disciplinary punishments shall be maintained by
the camp commander and shall be open to inspection by representatives of the Protecting Power.
Prisoners of war shall not in any case be transferred to penitentiary
establishments (prisons, penitentiaries, convict prisons, etc.) to undergo disciplinary punishment therein.
All premises in which disciplinary punishments are undergone
shall conform to the sanitary requirements set forth in Article 25. A
prisoner of war undergoing punishment shall be enabled to keep himself in a state of cleanliness, in conformity with Article
Officers and persons of equivalent status shall not be lodged
in the same quarters as non-commissioned officers or men.
Women prisoners of war undergoing disciplinary punishment
shall be confined in separate quarters from male prisoners of war and shall be under the immediate supervision of women.
A prisoner of war undergoing confinement as a disciplinary
punishment, shall continue to enjoy the benefits of the provisions of this Convention except in so far as these are necessarily
rendered inapplicable by the mere fact that he is confined. In no case may he be deprived of the benefits of the provisions
of Articles 78 and 126.
A prisoner of war awarded disciplinary punishment may not
be deprived of the prerogatives attached to his rank.
Prisoners of war awarded disciplinary punishment shall be
allowed to exercise and to stay in the open air at least two hours daily.
They shall be allowed, on their request, to be present at
the daily medical inspections. They shall receive the attention which their state of health requires and, if necessary, shall
be removed to the camp infirmary or to a hospital.
They shall have permission to read and write, likewise to
send and receive letters. Parcels and remittances of money, however, may be withheld from them until the completion of the
punishment; they shall meanwhile be entrusted to the prisoners' representative, who will hand over to the infirmary the perishable
goods contained in such parcels.
III. Judicial proceedings
No prisoner of war may be tried or sentenced for an act which
is not forbidden by the law of the Detaining Power or by international law, in force at the time the said act was committed.
No moral or physical coercion may be exerted on a prisoner
of war in order to induce him to admit himself guilty of the act of which he is accused.
No prisoner of war may be convicted without having had an
opportunity to present his defence and the assistance of a qualified advocate or counsel.
Prisoners of war and the Protecting Powers shall be informed
as soon as possible of the offences which are punishable by the death sentence under the laws of the Detaining Power.
Other offences shall not thereafter be made punishable by
the death penalty without the concurrence of the Power upon which the prisoners of war depend.
The death sentence cannot be pronounced on a prisoner of war
unless the attention of the court has, in accordance with Article 87, second paragraph, been particularly called to the fact
that since the accused is not a national of the Detaining Power, he is not bound to it by any duty of allegiance, and that
he is in its power as the result of circumstances independent of his own will.
If the death penalty is pronounced on a prisoner of war, the
sentence shall not be executed before the expiration of a period of at least six months from the date when the Protecting
Power receives, at an indicated address, the detailed communication provided for in Article 107.
A prisoner of war can be validly sentenced only if the sentence
has been pronounced by the same courts according to the same procedure as in the case of members of the armed forces of the
Detaining Power, and if, furthermore, the provisions of the present Chapter have been observed.
Judicial investigations relating to a prisoner of war shall
be conducted as rapidly as circumstances permit and so that his trial shall take place as soon as possible. A prisoner of
war shall not be confined while awaiting trial unless a member of the armed forces of the Detaining Power would be so confined
if he were accused of a similar offence, or if it is essential to do so in the interests of national security. In no circumstances
shall this confinement exceed three months.
Any period spent by a prisoner of war in confinement awaiting
trial shall be deducted from any sentence of imprisonment passed upon him and taken into account in fixing any penalty.
The provisions of Articles 97 and 98 of this Chapter shall
apply to a prisoner of war whilst in confinement awaiting trial.
In any case in which the Detaining Power has decided to institute
judicial proceedings against a prisoner of war, it shall notify the Protecting Power as soon as possible and at least three
weeks before the opening of the trial. This period of three weeks shall run as from the day on which such notification reaches
the Protecting Power at the address previously indicated by the latter to the Detaining Power.
The said notification shall contain the following information:
1. Surname and first names of the prisoner of war, his rank,
his army, regimental, personal or serial number, his date of birth, and his profession or trade, if any;
2. Place of internment or confinement;
3. Specification of the charge or charges on which the prisoner
of war is to be arraigned, giving the legal provisions applicable;
4 . Designation of the court which will try the case, likewise
the date and place fixed for the opening of the trial.
The same communication shall be made by the Detaining Power
to the prisoners' representative.
If no evidence is submitted, at the opening of a trial, that
the notification referred to above was received by the Protecting Power, by the prisoner of war and by the prisoners' representative
concerned, at least three weeks before the opening of the trial, then the latter cannot take place and must be adjourned.
The prisoner of war shall be entitled to assistance by one
of his prisoner comrades, to defence by a qualified advocate or counsel of his own choice, to the calling of witnesses and,
if he deems necessary, to the services of a competent interpreter. He shall be advised of these rights by the Detaining Power
in due time before the trial.
Failing a choice by the prisoner of war, the Protecting Power
shall find him an advocate or counsel, and shall have at least one week at its disposal for the purpose. The Detaining Power
shall deliver to the said Power, on request, a list of persons qualified to present the defence. Failing a choice of an advocate
or counsel by the prisoner of war or the Protecting Power, the Detaining Power shall appoint a competent advocate or counsel
to conduct the defence.
The advocate or counsel conducting the defence on behalf of
the prisoner of war shall have at his disposal a period of two weeks at least before the opening of the trial, as well as
the necessary facilities to prepare the defence of the accused. He may, in particular, freely visit the accused and interview
him in private. He may also confer with any witnesses for the defence, including prisoners of war. He shall have the benefit
of these facilities until the term of appeal or petition has expired.
Particulars of the charge or charges on which the prisoner
of war is to be arraigned, as well as the documents which are generally communicated to the accused by virtue of the laws
in force in the armed forces of the Detaining Power, shall be communicated to the accused prisoner of war in a language which
he understands, and in good time before the opening of the trial. The same communication in the same circumstances shall be
made to the advocate or counsel conducting the defence on behalf of the prisoner of war.
The representatives of the Protecting Power shall be entitled
to attend the trial of the case, unless, exceptionally, this is held in camera in the interest of State security. In such
a case the Detaining Power shall advise the Protecting Power accordingly.
Every prisoner of war shall have, in the same manner as the
members of the armed forces of the Detaining Power, the right of appeal or petition from any sentence pronounced upon him,
with a view to the quashing or revising of the sentence or the reopening of the trial. He shall be fully informed of his right
to appeal or petition and of the time limit within which he may do so.
Any judgment and sentence pronounced upon a prisoner of war
shall be immediately reported to the Protecting Power in the form of a summary communication, which shall also indicate whether
he has the right of appeal with a view to the quashing of the sentence or the reopening of the trial. This communication shall
likewise be sent to the prisoners' representative concerned. It shall also be sent to the accused prisoner of war in a language
he understands, if the sentence was not pronounced in his presence. The Detaining Power shall also immediately communicate
to the Protecting Power the decision of the prisoner of war to use or to waive his right of appeal.
Furthermore, if a prisoner of war is finally convicted or
if a sentence pronounced on a prisoner of war in the first instance is a death sentence, the Detaining Power shall as soon
as possible address to the Protecting Power a detailed communication containing:
1. The precise wording of the finding and sentence;
2. A summarized report of any preliminary
investigation and of the trial, emphasizing in particular the elements of the prosecution and the defence;
3. Notification, where applicable, of the establishment where
the sentence will be served.
The communications provided for in the foregoing subparagraphs
shall be sent to the Protecting Power at the address previously made known to the Detaining Power.
Sentences pronounced on prisoners of war after a conviction
has become duly enforceable, shall be served in the same establishments and under the same conditions as in the case of members
of the armed forces of the Detaining Power. These conditions shall in all cases conform to the requirements of health and
A woman prisoner of war on whom such a sentence has been pronounced
shall be confined in separate quarters and shall be under the supervision of women.
In any case, prisoners of war sentenced to a penalty depriving
them of their liberty shall retain the benefit of the provisions of Articles 78 and 126 of the present Convention. Furthermore,
they shall be entitled to receive and despatch correspondence, to receive at least one relief parcel monthly, to take regular
exercise in the open air, to have the medical care required by their state of health, and the spiritual assistance they may
desire. Penalties to which they may be subjected shall be in accordance with the provisions of Article 87, third paragraph.
TERMINATION OF CAPTIVITY
DIRECT REPATRIATION AND ACCOMMODATION
IN NEUTRAL COUNTRIES
Subject to the provisions of the third paragraph of this Article,
Parties to the conflict are bound to send back to their own country, regardless of number or rank, seriously wounded and seriously
sick prisoners of war, after having cared for them until they are fit to travel, in accordance with the first paragraph of
the following Article.
Throughout the duration of hostilities, Parties to the conflict
shall endeavour, with the cooperation of the neutral Powers concerned, to make arrangements for the accommodation in neutral
countries of the sick and wounded prisoners of war referred to in the second paragraph of the following Article. They may,
in addition, conclude agreements with a view to the direct repatriation or internment in a neutral country of able-bodied
prisoners of war who have undergone a long period of captivity.
No sick or injured prisoner of war who is eligible for repatriation
under the first paragraph of this Article, may be repatriated against his will during hostilities.
The following shall be repatriated direct:
1. Incurably wounded and sick whose mental or physical fitness
seems to have been gravely diminished.
2. Wounded and sick who, according to medical opinion, are
not likely to recover within one year, whose condition requires treatment and whose mental or physical fitness seems to have
been gravely diminished.
3. Wounded and sick who have recovered, but whose mental or
physical fitness seems to have been gravely and permanently diminished.
The following may be accommodated in a neutral country:
1. Wounded and sick whose recovery may be expected within
one year of the date of the wound or the beginning of the illness, if treatment in a neutral country might increase the prospects
of a more certain and speedy recovery.
2. Prisoners of war whose mental or physical health, according
to medical opinion, is seriously threatened by continued captivity, but whose accommodation in a neutral country might remove
such a threat.
The conditions which prisoners of war accommodated in a neutral
country must fulfil in order to permit their repatriation shall be fixed, as shall likewise their status, by agreement between
the Powers concerned. In general, prisoners of war who have been accommodated in a neutral country, and who belong to the
following categories, should be repatriated:
1. Those whose state of health has deteriorated so as to fulfil
the conditions laid down for direct repatriation;
2. Those whose mental or physical powers remain, even after
treatment, considerably impaired.
If no special agreements are concluded between the Parties
to the conflict concerned, to determine the cases of disablement or sickness entailing direct repatriation or accommodation
in a neutral country, such cases shall be settled in accordance with the principles laid down in the Model Agreement concerning
direct repatriation and accommodation in neutral countries of wounded and sick prisoners of war and in the Regulations concerning
Mixed Medical Commissions annexed to the present Convention.
The Detaining Power, the Power on which the prisoners of war
depend, and a neutral Power agreed upon by these two Powers, shall endeavour to conclude agreements which will enable prisoners
of war to be interned in the territory of the said neutral Power until the close of hostilities.
Upon the outbreak of hostilities, Mixed Medical Commissions
shall be appointed to examine sick and wounded prisoners of war, and to make all appropriate decisions regarding them. The
appointment, duties and functioning of these Commissions shall be in conformity with the provisions of the Regulations annexed
to the present Convention.
However, prisoners of war who, in the opinion of the medical
authorities of the Detaining Power, are manifestly seriously injured or seriously sick, may be repatriated without having
to be examined by a Mixed Medical Commission.
Besides those who are designated by the medical authorities
of the Detaining Power, wounded or sick prisoners of war belonging to the categories listed below shall be entitled to present
themselves for examination by the Mixed Medical Commissions provided for in the foregoing Article:
1. Wounded and sick proposed by a physician or surgeon who
is of the same nationality, or a national of a Party to the conflict allied with the Power on which the said prisoners depend,
and who exercises his functions in the camp.
2. Wounded and sick proposed by their prisoners' representative.
3. Wounded and sick proposed by the Power on which they depend,
or by an organization duly recognized by the said Power and giving assistance to the prisoners.
Prisoners of war who do not belong to one of the three foregoing
categories may nevertheless present themselves for examination by Mixed Medical Commissions, but shall be examined only after
those belonging to the said categories.
The physician or surgeon of the same nationality as the prisoners
who present themselves for examination by the Mixed Medical Commission, likewise the prisoners' representative of the said
prisoners, shall have permission to be present at the examination.
Prisoners of war who meet with accidents shall, unless the
injury is self-inflicted, have the benefit of the provisions of this Convention as regards repatriation or accommodation in
a neutral country.
No prisoner of war on whom a disciplinary punishment has been
imposed and who is eligible for repatriation or for accommodation in a neutral country, may be kept back on the plea that
he has not undergone his punishment.
Prisoners of war detained in connection with a judicial prosecuti
on or conviction and who are designated for repatriation or accommodation in a neutral country, may benefit by such measures
before the end of the proceedings or the completion of the punishment, if the Detaining Power consents.
Parties to the conflict shall communicate to each other the
names of those who will be detained until the end of the proceedings or the completion of the punishment.
The costs of repatriating prisoners of war or of transporting
them to a neutral country shall be borne, from the frontiers of the Detaining Power, by the Power on which the said prisoners
No repatriated person may be employed on active military service.
RELEASE AND REPATRIATION OF PRISONERS
OF WAR AT THE CLOSE OF HOSTILITIES
Prisoners of war shall be released and repatriated without
delay after the cessation of active hostilities.
In the absence of stipulations to the above effect in any
agreement concluded between the Parties to the conflict with a view to the cessation of hostilities, or failing any such agreement,
each of the Detaining Powers shall itself establish and execute without delay a plan of repatriation in conformity with the
principle laid down in the foregoing paragraph.
In either case, the measures adopted shall be brought to the
knowledge of the prisoners of war.
The costs of repatriation of prisoners of war shall in all
cases be equitably apportioned between the Detaining Power and the Power on which the prisoners depend. This apportionment
shall be carried out on the following basis:
(a) If the two Powers are contiguous, the Power on which the
prisoners of war depend shall bear the costs of repatriation from the frontiers of the Detaining Power.
(b) If the two Powers are not contiguous, the Detaining Power
shall bear the costs of transport of prisoners of war over its own territory as far as its frontier or its port of embarkation
nearest to the territory of the Power on which the prisoners of war depend. The Parties concerned shall agree between themselves
as to the equitable apportionment of the remaining costs of the repatriation. The conclusion of this agreement shall in no
circumstances justify any delay in the repatriation of the prisoners of war.
Repatriation shall be effected in conditions similar to those
laid down in Articles 46 to 48 inclusive of the present Convention for the transfer of prisoners of war, having regard to
the provisions of Article 118 and to those of the following paragraphs.
On repatriation, any articles of value impounded from prisoners
of war under Article 18, and any foreign currency which has not been converted into the currency of the Detaining Power, shall
be restored to them. Articles of value and foreign currency which, for any reason whatever, are not restored to prisoners
of war on repatriation, shall be despatched to the Information Bureau set up under Article 122.
Prisoners of war shall be allowed to take with them their
personal effects, and any correspondence and parcels which have arrived for them. The weight of such baggage may be limited,
if the conditions of repatriation so require, to what each prisoner can reasonably carry. Each prisoner shall in all cases
be authorized to carry at least twenty-five kilograms.
The other personal effects of the repatriated prisoner shall
be left in the charge of the Detaining Power which shall have them forwarded to him as soon as it has concluded an agreement
to this effect, regulating the conditions of transport and the payment of the costs involved, with the Power on which the
Prisoners of war against whom criminal proceedings for an
indictable offence are pending may be detained until the end of such proceedings, and, if necessary, until the completion
of the punishment. The same shall apply to prisoners of war already convicted for an indictable offence.
Parties to the conflict shall communicate to each other the
names of any prisoners of war who are detained until the end of the proceedings or until punishment has been completed.
By agreement between the Parties to the conflict, commissions
shall be established for the purpose of searching for dispersed prisoners of war and of assuring their repatriation with the
least possible delay.
DEATH OF PRISONERS OF WAR
Wills of prisoners of war shall be drawn up so as to satisfy
the conditions of validity required by the legislation of their country of origin, which will take steps to inform the Detaining
Power of its requirements in this respect. At the request of the prisoner of war and, in all cases, after death, the will
shall be transmitted without delay to the Protecting Power; a certified copy shall be sent to the Central Agency.
Death certificates in the form annexed to the present Convention,
or lists certified by a responsible officer, of all persons who die as prisoners of war shall be forwarded as rapidly as possible
to the Prisoner of War Information Bureau established in accordance with Article 122. The death certificates or certified
lists shall show particulars of identity as set out in the third paragraph of Article 17, and also the date and place of death,
the cause of death, the date and place of burial and all particulars necessary to identify the graves.
The burial or cremation of a prisoner of war shall be preceded
by a medical examination of the body with a view to confirming death and enabling a report to be made and, where necessary,
The detaining authorities shall ensure that prisoners of war
who have died in captivity are honourably buried, if possible according to the rites of the religion to which they belonged,
and that their graves are respected, suitably maintained and marked so as to be found at any time. Wherever possible, deceased
prisoners of war who depended on the same Power shall be interred in the same place.
Deceased prisoners of war shall be buried in individual graves
unless unavoidable circumstances require the use of collective graves. Bodies may be cremated only for imperative reasons
of hygiene, on account of the religion of the deceased or in accordance with his express wish to this effect. In case of cremation,
the fact shall be stated and the reasons given in the death certificate of the deceased.
In order that graves may always be found, all particulars
of burials and graves shall be recorded with a Graves Registration Service established by the Detaining Power. Lists of graves
and particulars of the prisoners of war interred in cemeteries and elsewhere shall be transmitted to the Power on which such
prisoners of war depended. Responsibility for the care of these graves and for records of any subsequent moves of the bodies
shall rest on the Power controlling the territory, if a Party to the present Convention. These provisions shall also apply
to the ashes, which shall be kept by the Graves Registration Service until proper disposal thereof in accordance with the
wishes of the home country.
Every death or serious injury of a prisoner of war caused
or suspected to have been caused by a sentry, another prisoner of war, or any other person, as well as any death the cause
of which is unknown, shall be immediately followed by an official enquiry by the Detaining Power.
A communication on this subject shall be sent immediately
to the Protecting Power. Statements shall be taken from witnesses, especially from those who are prisoners of war, and a report
including such statements shall be forwarded to the Protecting Power.
If the enquiry indicates the guilt of one or more persons,
the Detaining Power shall take all measures for the prosecution of the person or persons responsible.
INFORMATION BUREAUX AND RELIEF SOCIETIES
FOR PRISONERS OF WAR
Upon the outbreak of a conflict and in all cases of occupation,
each of the Parties to the conflict shall institute an official Information Bureau for prisoners of war who are in its power.
Neutral or non-belligerent Powers who may have received within their territory persons belonging to one of the categories
referred to in Article 4, shall take the same action with respect to such persons. The Power concerned shall ensure that the
Prisoners of War Information Bureau is provided with the necessary accommodation, equipment and staff to ensure its efficient
working. It shall be at liberty to employ prisoners of war in such a Bureau under the conditions laid down in the Section
of the present Convention dealing with work by prisoners of war.
Within the shortest possible period, each of the Parties to
the conflict shall give its Bureau the information referred to in the fourth, fifth and sixth paragraphs of this Article regarding
any enemy person belonging to one of the categories referred to in Article 4, who has fallen into its power. Neutral or non-belligerent
Powers shall take the same action with regard to persons belonging to such categories whom they have received within their
The Bureau shall immediately forward such information by the
most rapid means to the Powers concerned, through the intermediary of the Protecting Powers and likewise of the Central Agency
provided for in Article 123.
This information shall make it possible quickly to advise
the next of kin concerned. Subject to the provisions of Article 17, the information shall include, in so far as available
to the Information Bureau, in respect of each prisoner of war, his surname, first names, rank, army, regimental, personal
or serial number, place and full date of birth, indication of the Power on which he depends, first name of the father and
maiden name of the mother, name and address of the person to be informed and the address to which correspondence for the prisoner
may be sent.
The Information Bureau shall receive from the various departments
concerned information regarding transfers, releases, repatriations, escapes, admissions to hospital, and deaths, and shall
transmit such information in the manner described in the third paragraph above.
Likewise, information regarding the state of health of prisoners
of war who are seriously ill or seriously wounded shall be supplied regularly, every week if possible.
The Information Bureau shall also be responsible for replying
to all enquiries sent to it concerning prisoners of war, including those who have died in captivity; it will make any enquiries
necessary to obtain the information which is asked for if this is not in its possession.
All written communications made by the Bureau shall be authenticated
by a signature or a seal.
The Information Bureau shall furthermore be charged with collecting
all personal valuables, including sums in currencies other than that of the Detaining Power and documents of importance to
the next of kin, left by prisoners of war who have been repatriated or released, or who have escaped or died, and shall forward
the said valuables to the Powers concerned. Such articles shall be sent by the Bureau in sealed packets which shall be accompanied
by statements giving clear and full particulars of the identity of the person to whom the articles belonged, and by a complete
list of the contents of the parcel. Other personal effects of such prisoners of war shall be transmitted under arrangements
agreed upon between the Parties to the conflict concerned.
A Central Prisoners of War Information Agency shall be created
in a neutral country. The International Committee of the Red Cross shall, if it deems necessary, propose to the Powers concerned
the organization of such an Agency.
The function of the Agency shall be to collect all the information
it may obtain through official or private channels respecting prisoners of war, and to transmit it as rapidly as possible
to the country of origin of the prisoners of war or to the Power on which they depend. It shall receive from the Parties to
the conflict all facilities for effecting such transmissions.
The High Contracting Parties, and in particular those whose
nationals benefit by the services of the Central Agency, are requested to give the said Agency the financial aid it may require.
The foregoing provisions shall in no way be interpreted as
restricting the humanitarian activities of the International Committee of the Red Cross, or of the relief Societies provided
for in Article 125.
The national Information Bureaux and the Central Information
Agency shall enjoy free postage for mail, likewise all the exemptions provided for in Article 74, and further, so far as possible,
exemption from telegraphic charges or, at least, greatly reduced rates.
Subject to the measures which the Detaining Powers may consider
essential to ensure their security or to meet any other reasonable need, the representatives of religious organizations, relief
societies, or any other organization assisting prisoners of war, shall receive from the said Powers, for themselves and their
duly accredited agents, all necessary facilities for visiting the prisoners, distributing relief supplies and material, from
any source, intended for religious, educational or recreative purposes, and for assisting them in organizing their leisure
time within the camps. Such societies or organizations may be constituted in the territory of the Detaining Power or in any
other country, or they may have an international character.
The Detaining Power may limit the number of societies and
organizations whose delegates are allowed to carry out their activities in its territory and under its supervision, on condition,
however, that such limitation shall not hinder the effective operation of adequate relief to all prisoners of war.
The special position of the International Committee of the
Red Cross in this field shall be recognized and respected at all times.
As soon as relief supplies or material intended for the above-mentioned
purposes are handed over to prisoners of war, or very shortly afterwards, receipts for each consignment, signed by the prisoners'
representative, shall be forwarded to the relief society or organization making the shipment. At the same time, receipts for
these consignments shall be supplied by the administrative authorities responsible for guarding the prisoners.
EXECUTION OF THE CONVENTION
Representatives or delegates of the Protecting Powers shall
have permission to go to all places where prisoners of war may be, particularly to places of internment, imprisonment and
labour, and shall have access to all premises occupied by prisoners of war; they shall also be allowed to go to the places
of departure, passage and arrival of prisoners who are being transferred. They shall be able to interview the prisoners, and
in particular the prisoners' representatives, without witnesses, either personally or through an interpreter.
Representatives and delegates of the Protecting Powers shall
have full liberty to select the places they wish to visit. The duration and frequency of these visits shall not be restricted.
Visits may not be prohibited except for reasons of imperative military necessity, and then only as an exceptional and temporary
The Detaining Power and the Power on which the said prisoners
of war depend may agree, if necessary, that compatriots of these prisoners of war be permitted to participate in the visits.
The delegates of the International Committee of the Red Cross
shall enjoy the same prerogatives. The appointment of such delegates shall be submitted to the approval of the Power detaining
the prisoners of war to be visited.
The High Contracting Parties undertake, in time of peace as
in time of war, to disseminate the text of the present Convention as widely as possible in their respective countries, and,
in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the
principles thereof may become known to all their armed forces and to the entire population.
Any military or other authorities, who in time of war assume
responsibilities in respect of prisoners of war, must possess the text of the Convention and be specially instructed as to
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.
The High Contracting Parties undertake to enact any legislation
necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches
of the present Convention defined in the following Article.
Each High Contracting Party shall be under the obligation
to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring
such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the
provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided
such High Contracting Party has made out a prima facie case.
Each High Contracting Party shall take measures necessary
for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined
in the following Article.
In all circumstances, the accused persons shall benefit by
safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following
of the present Convention.
Grave breaches to which the preceding Article relates shall
be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful
killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury
to body or health, compelling a prisoner of war to serve in the forces of the hostile Power, or wilfully depriving a prisoner
of war of the rights of fair and regular trial prescribed in this Convention.
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.
At the request of a Party to the conflict, an enquiry shall
be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention.
If agreement has not been reached concerning the procedure
for the enquiry, the Parties should agree on the choice of an umpire who will decide upon the procedure to be followed.
Once the violation has been established, the Parties to the
conflict shall put an end to it and shall repress it with the least possible delay.
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.
The present Convention replaces the Convention of 27 July
1929, in relations between the High Contracting
In the relations between the Powers which are bound by The
Hague Convention respecting the Laws and Customs of War on Land, whether that of July 29, 1899, or that of October 18, 1907,
and which are parties to the present Convention, this last Convention shall be complementary to Chapter II of the Regulations
annexed to the above-mentioned Conventions of The Hague.
The present Convention, which bears the date of this day,
is open to signature until February 12, 1950, in
the name of the Powers represented at the Conference which opened at Geneva
on April 21, 1949; furthermore, by Powers not represented at that Conference, but which are parties to the Convention of July
The present Convention shall be ratified as soon as possible
and the ratifications shall be deposited at Berne.
A record shall be drawn up of the deposit of each instrument
of ratification and certified copies of this record shall be transmitted by the Swiss Federal Council to all the Powers in
whose name the Convention has been signed, or whose accession has been notified.
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.
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.
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.
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.
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.
The Swiss Federal Council shall register the present Convention
with the Secretariat of the United Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations
of all ratifications, accessions and denunciations received by it with respect to the present Convention.
IN WITNESS WHEREOF the undersigned, having deposited their
respective full powers, have signed the present Convention.
DONE at Geneva
this twelfth day of August 1949, in the English
and French languages. The original shall be deposited in the Archives of the Swiss Confederation. The Swiss Federal Council
shall transmit certified copies thereof to each of the signatory and acceding States.
Model agreement concerning
direct repatriation and accommodation in neutral countries
of wounded and sick prisoners of war
(see Article 110)
I.-PRINCIPLES FOR DIRECT REPATRIATION
AND ACCOMMODATION IN NEUTRAL COUNTRIES
A. DIRECT REPATRIATION
The following shall be repatriated direct:
1.All prisoners of war suffering from the following disabilities
as the result of trauma: loss of limb, paralysis, articular or other disabilities, when this disability is at least the loss
of a hand or a foot, or the equivalent of the loss of a hand or a foot.
Without prejudice to a more generous interpretation, the following
shall be considered as equivalent to the loss of a hand or a foot:
(a) Loss of a hand or of all the fingers, or of the thumb and forefinger of one hand; loss of a
foot, or of all the toes and metatarsals of one foot.
(b) Ankylosis, loss of osseous tissue, cicatricial contracture
preventing the functioning of one of the large articulations or of all the digital joints of one hand.
(c) Pseudarthrosis of the long bones.
(d) Deformities due to fracture or other injury which seriously
interfere with function and weight-bearing power.
2. All wounded prisoners of war whose condition has become chronic, to the extent that prognosis appears to exclude
recovery-in spite of treatment-within one year from the date of the injury, as. for example, in case of:
(a) Projectile in the heart. even if the Mixed Medical Commission should fail, at the time of their
examination, to detect any serious disorders.
(b) Metallic splinter in the brain or the lungs, even if the Mixed Medical Commission cannot, at
the time of examination, detect any local or general reaction.
(c)Osteomyelitis, when recovery cannot be foreseen in the
course of the year following the injury, and which seems likely to result in ankylosis of a joint, or other impairments equivalent
to the loss of a hand or a foot.
(d) Perforating and suppurating injury to the large joints.
(e) Injury to the skull, with loss or shifting of bony tissue.
(f) Injury or burning of the face with loss of tissue and
(g) Injury to the spinal cord.
(h) Lesion of the peripheral nerves, the sequelae of which
are equivalent to the loss of ahand or foot, and the cure of which requires more than a year from the date of injury, for
example: injury to the brachial or lumbosacral plexus, the median or sciatic nerves, likewise combined injury to the radial
and cubital nerves or to the lateral popliteal nerve (N. peroneus communes) and medial popliteal nerve (N.
tibialis); etc. The separate injury of the 'radial (musculo-spiral), cubital. lateral or medial popliteal nerves shall
not, however, warrant repatriation except in case of contractures or of serious neurotrophic disturbance.
(i) Injury to the urinary system, with incapacitating results.
3. All sick prisoners of war whose condition has become chronic to the extent that prognosis seems to exclude recovery-in
spite of treatment-within one year from the inception of the disease, as, for example, in case of:
(a) Progressive tuberculosis of any organ which, according to medical prognosis, cannot be cured,
or at least considerably improved, by treatment in a neutral country.
(b) Exudate pleurisy.
(c) Serious diseases of the respiratory organs of non-tubercular
etiology, presumed incurable. for example: serious pulmonary emphysema, with or without bronchitis, chronic asthma:* chronic
bronchitis* lasting more than one year in captivity; bronchiectasis,* etc.
(d) Serious chronic affections of the circulatory system,
for example: valvular lesions and myocarditis* which have shown signs of circulatory failure during captivity, even though
the Mixed Medical Commission cannot detect any such signs at the time of examination; affections of the pericardium and the
vessels (Buerger's disease, aneurism of the large vessels); etc.
(e) Serious chronic affections of the digestive organs, for
example: gastric or duodenal ulcer-, sequelae of gastric operations performed in captivity; chronic gastritis, enteritis or
colitis, having lasted more than one year and seriously affecting the general condition: cirrhosis of the liver, chronic cholecystopathy;*
(f) Serious chronic affections of the genito-urinary organs,
for example: chronic diseases of the kidney with consequent disorders; nephrectomy because of a tubercular kidney; chronic
pyelitis or chronic cystitis: hydronephrosis or pyonephrosis; chronic grave gynaecological conditions-, normal pregnancy,
and obstetrical disorder, where it is impossible to accommodate in a neutral country; etc.
(g) Serious chronic diseases of the central and peripheral
nervous system, for example: all obvious psychoses and psychoneuroses, such as serious hysteria, serious captivity psychoneurosis,
etc., duly verified by a specialist;* any epilepsy duly vcrified by the camp
physicians.' cerebral arteriosclerosis- chronic neuritis lasting more
than one year. etc.
(h) Serious chronic disease of the neuro-vegetative system, with considerable diminution of mental
or physical fitness. noticeable loss of weight and general asthenia.
(i) Blindness of both eyes, or of one eve when the vision
of the other is less than I in spite of the use of corrective glasses; diminution of visual acuity in cases where it is impossible
to restore it by correction to an acuity of 1/2 in at least one eye;* other grave ocular affections, for example: glaucoma,
iritis, choroiditis; trachoma, etc.
(k) Auditive disorders, such as total unilateral deafness,
if the other car does not discern the ordinary spoken word at a distance of one metre;* etc.
(l) Serious affections of metabolism, for example: diabetes
mellitus requiring insulin treatment; etc.
(m) Serious disorders of the endocrine glands, for example:
thyrotoxicosis; hypothyrosis; Addison's disease; Simmonds' cachexia; tetany; etc.
(n) Grave and chronic disorders of the blood-forming organs.
(o) Serious cases of chronic intoxication, for example: lead
poisoning, mercury poisoing, morphinism. cocainism, alcoholism; gas or radiation poisoning; etc.
(p) Chronic affections of locomotion, with obvious functional
disorders, for example: arthritis deformans, primary and secondary progressive chronic polyarthritis; rheumatism with serious
clinical symptoms; etc.
(q) Serious chronic skin diseases. not amenable to treatment.
(r) Any malignant growth.
(s) Serious chronic infectious diseases, persisting for one
year after their inception, for example: malaria with decided organic impairment, amoebic or bacillary dysentery with grave
disorders; tertiary visceral syphilis resistant to treatment; leprosy; etc.
(t) Serious avitaminosis or serious inanition.
*The decision of the Mixed Medical Commission shall be based
to a great extent on the records kept by camp physicians and surgeons of the same nationality as the prisoners of war, or
on an examination by medical specialists of the Detaining Power.
IN NEUTRAL COUNTRIES
The following shall be eligible for accommodation in a neutral
1. All wounded prisoners of war who are not likely to recover
in captivity, but who might be cured or whose condition might be considerably improved by accommodation in a neutral country.
2. Prisoners of war suffering from any form of tuberculosis,
of whatever organ, and whose treatment in a neutral country would be likely to lead to recovery or at least to considerable
improvement, with the exception of primary tuberculosis cured before captivity.
3. Prisoners of war suffering from affections requiring treatment
of the respiratory, circulatory, digestive, nervous, sensory, genito-urinary, cutaneous. locomotive organs, etc., if such
treatment would clearly have better results in a neutral country than in captivity.
4. Prisoners of war who have undergone a nephrectomy in captivity
for a nontubercular renal affection; cases of osteomyelitis, on the way to recovery or latent; diabetes mellitus not requiring
insulin treatment; etc.
5. Prisoners of war suffering from war or captivity neuroses.
Cases of captivity neurosis which are not cured after three
months of accommodation in a neutral country, or which after that length of time are not clearly on the way to complete cure,
shall be repatriated.
6. All prisoners of war suffering from chronic intoxication
(gases, metals, alkaloids, etc.), for whom the prospects of cure in a neutral country are especially favourable.
7. All women prisoners of war who are pregnant or mothers
with infants and small children.
The following cases shall not be eligible for accommodation
in a neutral country:
1. All duly verified chronic psychoses.
2. All organic or functional nervous affections considered
to be incurable.
3. All contagious diseases during the period in which they are transmissible,
with the exception of tuberculosis.
II. GENERAL OBSERVATIONS
1. The conditions given shall, in a general way, be interpreted
and applied in as broad a spirit as possible.
Neuropathic and psychopathic conditions caused by war or captivity,
as well as cases of tuberculosis in all stages, shall above all benefit by such liberal interpretation. Prisoners of war Who
have sustained several wounds, none of which, considered by itself, justifies repatriation, shall be examined in the same
spirit, with due regard for the psychic traumatism due to the number of their wounds.
2. All unquestionable cases giving the right to direct repatriation
(amputation, total blindness or deafness. open pulmonary tuberculosis, mental disorder. malignant growth, etc.)shall be examined
and repatriated as soon as possible by the camp physicians or by military medical commissions appointed by the Detaining Power.
3. Injuries and diseases which existed before the war and
which have not become worse. as well as war injuries which have not prevented subsequent military service, shall not entitle
to direct repatriation.
4. The provisions of this Annex shall be interpreted and applied
in a similar manner in all countries party to the conflict. The Powers and authorities concerned shall grant to Mixed Medical
Commissions all the facilities necessary for the accomplishment of their task.
5. The examples quoted under (1) above represent only typical cases. Cases
which do not correspond exactly to these provisions shall be judged in the spirit of the provisions of Article I 10 of the
present Convention, and of the principles embodied in the present Agreement.
Mixed Medical Commissions
(see Article 112)
The Mixed Medical Commissions provided for in Article 112
of the Convention shall be composed of three members, two of whom shall belong to a neutral country. the third being appointed
by the Detaining Power. One of the neutral members shall take the chair.
The two neutral members shall be appointed by the International
Committee of the Red Cross, acting in agreement with the Protecting Power, at the request of the Detaining Power. They may
be domiciled either in their country of origin, in any other neutral country, or in the territory of the Detaining Power.
The neutral members shall be approved by the Parties to the
conflict concerned, who notify their approval to the International Committee of the Red Cross and to the Protecting Power.
Upon such notification, the neutral members shall be considered as effectively appointed.
Deputy members shall also be appointed in sufficient number
to replace the regular members in case of need. They shall be appointed at the same time as the regular members or, at least,
as soon as possible.
If for any reason the International Committee of the Red Cross
cannot arrange for the appointment of the neutral members, this shall be done by the Power protecting the interests of the
prisoners of war to be examined.
So far as possible, one of the two neutral members shall be
a surgeon and the other a physician.
The neutral members shall be entirely independent of the Parties
to the conflict, which shall grant them all facilities in the accomplishment of their duties.
By agreement with the Detaining Power, the International Committee
of the Red Cross, when making the appointments provided for in Articles 2 and 4 of the present Regulations, shall settle the
terms of service of the nominees.
The Mixed Medical Commissions shall begin their work as soon
as possible after the neutral members have been approved, and in any case within a period of three months from the date of
The Mixed Medical Commissions shall examine all the prisoners
designated in Article 113 of the Convention. They shall propose repatriation, rejection, or reference to a later examination.
Their decisions shall be made by a majority vote.
The decisions made by the Mixed Medical Commissions in each
specific case shall be communicated, during the month following their visit, to the Detaining Power, the Protecting Power
and the International Committee of the Red Cross. The Mixed Medical Commissions shall also inform each prisoner of war examined
of the decision made, and shall issue to those whose repatriation has been proposed, certificates similar to the model appended
to the present Convention.
The Detaining Power shall be required to carry out the decisions
of the Mixed Medical Commissions within three months of the time when it receives due notification of such decisions.
If there is no neutral physician in a country where the services
of a Mixed Medical Commission seem to be required, and if it is for any reason impossible to appoint neutral doctors who are
resident in another country, the Detaining Power, acting in agreement with the Protecting Power, shall set up a Medical Commission
which shall undertake the same duties as a Mixed Medical Commission, subject to the provisions of Articles 1, 2, 3, 4, 5 and
8 of the Present Regulations.
Mixed Medical Commissions shall function permanently and shall visit each
camp at intervals of not more than six months.
(see Article 73)
Prisoners' representatives shall be allowed to distribute
collective relief shipments for which they are sible, to all prisoners of war administered by their camp, including those
who am in hospitals or in prisons or other penal establishments.
The distribution of collective relief shipments shall be effected
in accordance with the instructions of the donors and with a plan drawn up by the prisoners' representatives. 'Me issue of
medical stores shall. however, be made for preference in agreement with the senior medical officers, and the latter may. in
hospitals and infirmaries, waive the said instructions, if the needs of their patients so demand. Within the limits thus defined,
the distribution shall always be carried out equitably.
The said prisoners' representatives or their assistants shall
be allowed to go to the points of arrival of relief supplies near their camps. so as to enable the prisoners' representatives
or their assistants to verify the quality as well as the quantity of the goods received, and to make out detailed reports
thereon for the donors.
Prisoners' representatives shall be given the facilities necessary
for verifying whether the distribution of collective relief in all sub-divisions and annexes of their camps has been carried
out in accordance with their instructions.
Prisoners' representatives shall be allowed to fill up, and
cause to be filled up by the prisoners' representatives of labour detachments or by the senior medical officers of infirmaries
and hospitals, forms or questionnaires intended for the donors, relating to collective relief supplies (distribution. requirements,
quantities, etc.). Such forms and questionnaires, duly completed, shall be forwarded to the donors without delay.
In order to secure the regular issue of collective relief
to the prisoners of war in their camp. and to meet any needs that may arise from the arrival of new contingents of prisoners,
prisoners' representatives shall be allowed to build up and maintain adequate reserve stocks of collective relief. For this
purpose, they shall have suitable warehouses at their disposal; each warehouse shall be provided with two locks, the prisoners'
representative holding the keys of one lock and the camp commander the keys of the other.
When collective consignments of clothing am available each
prisoner of war shall retain in his possession at least one complete set of clothes. If a prisoner has more than one set of
clothes, the prisoners' representative shall be permitted to withdraw excess clothing from those with the largest number of
sets, or particular articles in excess of one, if this is necessary in order to supply prisoners who are less well provided.
He shall not, however, withdraw second sets of underclothing, socks or footwear, unless this is the only means of providing
for prisoners of war with none.
The High Contracting Parties, and the Detaining Powers in
particular, shall authorize, as far as possible and subject to the regulations governing the supply of the population, all
purchases of goods made in their territories for the distribution of collective relief to prisoners of war. They shall similarly
facilitate the transfer of funds and other financial measures of a technical or administrative nature taken for the purpose
of making such purchases.
The foregoing provisions shall not constitute an obstacle to the right of
prisoners of war to receive collective relief before their arrival in a camp or in the course of transfer, nor to the possibility
of representatives of the Protecting Power, the International Committee of the Red Cross, or any other body giving assistance
to prisoners which may be responsible for the forwarding of such supplies, ensuring the distribution thereof to the addressees
by any other means that they may deem useful.
(see Article 4)
B. CAPTURE CARD
(see Article 70)
CARD AND LETTER
Annex II, Article 11)
Date of birth:
P. W. number:
Decision of the Commission:
Chairman of the
Mixed Medical Commission:
A= direct repatriation
B= accommodation in a neutral country
NC= re-examination by next Commission
Model regulations concerning payments sent by prisoners to their own country
1. The notification referred to in the third paragraph of Article 63 will show:
(a) Number as specified in Article 17, rank, surname and first names of the prisoner of war who is the payer;
(b) The name and address of the payee in the country of origin;
(c) The amount to be so paid in the currency of the country in which he is detained.
2. The notification will be signed by the prisoner of war, or his witnessed mark made upon if it he cannot write, and
shall be countersigned by the prisoners' representative.
3. The camp commander will add to this notification a certiciate that the prisoner of war concerned has a credit balance
of not less than the amount registered as payable.
4. The notification may be made up in lists, each sheet of such lists witnessed by the prisoners' representative and
certified by the camp commander.
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Office of the United
Nations High Commissioner for Human Rights